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                             CHAPTER 136-H.F.No. 1 
                  An act relating to public safety; 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, and crime victim services, 
                  policies, programs, duties, activities, or practices; 
                  requiring studies and reports; imposing criminal and 
                  civil penalties; setting or increasing fines, 
                  surcharges, and fees; implementing comprehensive sex 
                  offender and methamphetamine policies; amending 
                  Minnesota Statutes 2004, sections 2.722, subdivision 
                  1; 13.6905, subdivision 17; 13.82, by adding a 
                  subdivision; 13.871, subdivision 5; 14.03, subdivision 
                  3; 16C.09; 43A.047; 84.362; 116L.30; 144A.135; 152.01, 
                  subdivision 10; 152.02, subdivisions 4, 5, 6, by 
                  adding a subdivision; 152.021, subdivisions 2a, 3; 
                  152.027, subdivisions 1, 2; 152.135, subdivision 2; 
                  168A.05, subdivision 3; 169.06, by adding a 
                  subdivision; 169.71, subdivision 1; 169A.275, 
                  subdivision 1; 169A.52, subdivision 4; 169A.53, 
                  subdivision 3; 169A.60, subdivisions 10, 11; 169A.63, 
                  subdivision 8; 169A.70, subdivision 3, by adding 
                  subdivisions; 171.09; 171.20, subdivision 4; 171.26; 
                  171.30, subdivision 2a; 214.04, subdivision 1; 
                  216D.08, subdivisions 1, 2; 231.08, subdivision 5, as 
                  added; 237.70, subdivision 7; 241.06; 241.67, 
                  subdivisions 3, 7, 8; 242.195, subdivision 1; 
                  243.1606, subdivision 1; 243.166; 243.167; 243.24, 
                  subdivision 2; 244.04, subdivision 1; 244.05, 
                  subdivisions 2, 4, 5, 6, 7; 244.052, subdivisions 3, 
                  4, by adding subdivisions; 244.09, subdivisions 5, 11; 
                  244.10, subdivision 2a, by adding subdivisions; 
                  244.18, subdivision 2; 245C.13, subdivision 2; 
                  245C.15, subdivision 1; 245C.17, subdivisions 1, 2, 3; 
                  245C.22, by adding a subdivision; 245C.24, subdivision 
                  2; 246.13; 253B.08, subdivision 1; 253B.18, 
                  subdivisions 4a, 5, by adding a subdivision; 259.11; 
                  259.24, subdivisions 1, 2a, 5, 6a; 260C.171, by adding 
                  a subdivision; 260C.201, subdivision 11; 260C.212, 
                  subdivision 4; 282.04, subdivision 2; 299A.38, 
                  subdivisions 2, 2a, 3; 299A.465, by adding 
                  subdivisions; 299C.03; 299C.08; 299C.093; 299C.095, 
                  subdivision 1; 299C.10, subdivision 1, by adding a 
                  subdivision; 299C.11; 299C.14; 299C.145, subdivision 
                  3; 299C.155; 299C.21; 299C.65, subdivisions 1, 2, 5, 
                  by adding a subdivision; 299F.011, subdivision 7; 
                  299F.014; 299F.05; 299F.051, subdivision 4; 299F.06, 
                  subdivision 1; 299F.19, subdivisions 1, 2; 299F.362, 
                  subdivisions 3, 4; 326.3382, by adding a subdivision; 
                  326.3384, subdivision 1; 340A.301, subdivision 6; 
                  340A.302, subdivision 3; 340A.311; 340A.404, 
                  subdivision 12; 340A.408, subdivision 4; 340A.414, 
                  subdivision 6; 340A.504, subdivisions 3, 7; 343.31; 
                  357.021, subdivisions 2, 6, 7; 357.18; 403.02, 
                  subdivisions 7, 13, 17, by adding a subdivision; 
                  403.025, subdivisions 3, 7; 403.05, subdivision 3; 
                  403.07, subdivision 3; 403.08, subdivision 10; 403.11, 
                  subdivisions 1, 3, 3a; 403.113, subdivision 1; 403.21, 
                  subdivision 8; 403.27, subdivisions 1, 3; 403.30, 
                  subdivision 1; 505.08, subdivision 2; 508.82; 508A.82; 
                  515B.1-116; 518B.01, subdivision 22, by adding a 
                  subdivision; 590.01, subdivision 1, by adding a 
                  subdivision; 604.15, subdivision 2, by adding a 
                  subdivision; 609.02, subdivision 16; 609.106, 
                  subdivision 2; 609.108, subdivisions 1, 3, 4, 6, 7; 
                  609.109, subdivisions 2, 4, 5, 6, 7; 609.1095, 
                  subdivisions 1, 2, 4; 609.115, by adding a 
                  subdivision; 609.117; 609.1351; 609.185; 609.2231, by 
                  adding a subdivision; 609.2242, subdivision 3; 
                  609.229, subdivision 3; 609.321, subdivisions 1, 7, 
                  12, by adding subdivisions; 609.325, by adding a 
                  subdivision; 609.341, subdivision 14, by adding a 
                  subdivision; 609.342, subdivisions 2, 3; 609.343, 
                  subdivisions 2, 3; 609.344, subdivisions 2, 3; 
                  609.345, subdivisions 2, 3; 609.3452, subdivision 1; 
                  609.347; 609.3471; 609.348; 609.353; 609.485, 
                  subdivisions 2, 4; 609.487, by adding a subdivision; 
                  609.50, subdivision 1; 609.505; 609.52, subdivision 2; 
                  609.527, subdivisions 1, 3, 4, 6, by adding a 
                  subdivision; 609.531, subdivision 1; 609.5311, 
                  subdivisions 2, 3; 609.5312, subdivisions 1, 3, 4, by 
                  adding a subdivision; 609.5314, subdivision 1; 
                  609.5315, subdivision 1, by adding a subdivision; 
                  609.5317, subdivision 1; 609.5318, subdivision 1; 
                  609.605, subdivisions 1, 4; 609.746, subdivision 1; 
                  609.748, subdivisions 2, 3a, by adding a subdivision; 
                  609.749, subdivision 2; 609.763, subdivision 3; 
                  609.79, subdivision 2; 609.795, by adding a 
                  subdivision; 609A.02, subdivision 3; 609A.03, 
                  subdivision 7; 611.272; 611A.01; 611A.036; 611A.19; 
                  611A.53, subdivision 1b; 617.81, subdivision 4; 
                  617.85; 624.22, subdivision 1; 626.04; 626.556, 
                  subdivision 3; 626.557, subdivision 14; 628.26; 
                  631.045; 631.425, subdivision 4; 641.21; proposing 
                  coding for new law in Minnesota Statutes, chapters 35; 
                  152; 171; 237; 241; 244; 260C; 299A; 299C; 357; 403; 
                  446A; 590; 609; 611; 629; repealing Minnesota Statutes 
                  2004, sections 18C.005, subdivisions 1a, 35a; 18C.201, 
                  subdivisions 6, 7; 18D.331, subdivision 5; 69.011, 
                  subdivision 5; 243.162; 243.166, subdivisions 1, 8; 
                  244.10, subdivisions 2a, 3; 246.017, subdivision 1; 
                  299A.64; 299A.65; 299A.66; 299A.68; 299C.65, 
                  subdivisions 3, 4, 6, 7, 8, 8a, 9; 299F.011, 
                  subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12; 
                  299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 
                  299F.451; 299F.452; 386.30; 403.30, subdivision 3; 
                  609.108, subdivision 2; 609.109, subdivision 7; 
                  609.119; 609.725; 624.04; Laws 2004, chapter 283, 
                  section 14. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1 
                          PUBLIC SAFETY APPROPRIATIONS 
        Section 1.  [PUBLIC SAFETY 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 article, to 
        be available for the fiscal years indicated for each purpose.  
        The figures "2006" and "2007" where used in this article, mean 
        that the appropriation or appropriations listed under them are 
        available for the year ending June 30, 2006, or June 30, 2007, 
        respectively.  The term "first year" means the fiscal year 
        ending June 30, 2006, and the term "second year" means the 
        fiscal year ending June 30, 2007. 
                                SUMMARY BY FUND
                                   2006          2007          TOTAL
        General             $ 835,043,000 $  849,704,000 $1,684,747,000 
        State Government       
        Special Revenue        43,662,000     44,415,000     88,077,000 
        Environmental              49,000         49,000         98,000 
        Special Revenue         5,634,000      5,493,000     11,127,000 
        Trunk 
        Highway                   392,000        362,000        754,000 
        Bond Proceeds          62,500,000          -0-       62,500,000 
        TOTAL               $ 947,280,000 $  900,023,000 $1,847,303,000
                                                   APPROPRIATIONS 
                                               Available for the Year 
                                                   Ending June 30 
                                                  2006         2007 
        Sec. 2.  SUPREME COURT       
        Subdivision 1.  Total           
        Appropriations                    $   42,196,000 $   42,171,000
        Subd. 2.  Supreme Court Operations    29,876,000     29,851,000 
        [JUDICIAL SALARIES.] Effective July 1, 
        2005, and July 1, 2006, the salaries of 
        judges of the Supreme Court, Court of 
        Appeals, and district court are 
        increased by 1.5 percent. 
        [CONTINGENT ACCOUNT.] $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. 
        [CHIPS WORKING GROUP.] The state court 
        administrator shall convene a working 
        group of stakeholders interested in and 
        knowledgeable about issues related to 
        the representation of children and 
        adults in CHIPS proceedings.  The state 
        court administrator shall ensure broad 
        representation in the group so that it 
        includes members from diverse parts of 
        the state and sufficient representation 
        of all stakeholder groups on the 
        issue.  At a minimum, the working group 
        shall study and make recommendations on 
        the appropriate assignment and use of 
        limited public defender resources and 
        ways to minimize CHIPS proceedings 
        through early intervention initiatives 
        such as family group conferencing, 
        mediation, and other innovative 
        strategies.  By January 15, 2006, the 
        state court administrator shall report 
        the working group's findings and 
        recommendations to the chairs and 
        ranking minority members of the senate 
        and house committees and divisions 
        having jurisdiction over criminal 
        justice and civil law policy and 
        funding. 
        Subd. 3.  Civil Legal Services        12,320,000     12,320,000 
        [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. 
        Sec. 3.  COURT OF APPEALS              8,189,000      8,189,000 
        Sec. 4.  TRIAL COURTS                231,039,000    231,386,000 
        [SPECIALTY COURTS; REPORT.] $250,000 
        each year is to develop or expand 
        specialty courts such as drug courts 
        and mental health courts.  
        By January 15, 2008, the state court 
        administrator shall report to the 
        chairs and ranking minority members of 
        the senate and house committees and 
        divisions having jurisdiction over 
        criminal justice policy and funding on 
        how this money was used.  
        Sec. 5.  TAX COURT                       726,000        726,000 
        Sec. 6.  UNIFORM LAWS COMMISSION          51,000         45,000 
        [DUES OWED.] $12,000 the first year and 
        $6,000 the second year are for national 
        conference dues.  
        Sec. 7.  BOARD ON JUDICIAL  
        STANDARDS                                277,000        277,000 
        [SPECIAL HEARINGS.] $25,000 each year 
        is for special hearings.  This money 
        may not be used for operating costs.  
        This is a onetime appropriation. 
        Sec. 8.  BOARD OF PUBLIC DEFENSE      60,703,000     61,801,000 
        Sec. 9.  PUBLIC SAFETY                                          
        Subdivision 1.  Total
        Appropriation                        188,774,000    126,747,000
                      Summary by Fund
        General              81,581,000    81,332,000
        Special Revenue         590,000       589,000
        State Government 
        Special Revenue      43,662,000    44,415,000
        Environmental            49,000        49,000
        Trunk Highway           392,000       362,000
        Bond Proceeds        62,500,000        -0- 
        [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    2,594,000       2,594,000
                      Summary by Fund
        General               2,545,000     2,545,000
        Environmental            49,000        49,000
        [NONPROFIT AND FAITH-BASED 
        ORGANIZATIONS; ANTITERRORISM GRANTS.] 
        Unless otherwise prohibited by statute, 
        regulation, or other requirement, 
        nonprofit and faith-based organizations 
        may apply for and receive any funds or 
        grants, whether federal or state, made 
        available for antiterrorism 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. 
        Subd. 3.  Criminal          
        Apprehension                          40,328,000     40,367,000 
                      Summary by Fund
        General              39,520,000    39,560,000
        Special Revenue         440,000       439,000
        State Government                            
        Special Revenue           7,000         7,000
        Trunk Highway           361,000       361,000
        [AGENCY CUT, DISTRIBUTION.] The general 
        fund appropriation includes a reduction 
        of $245,000 the first year and $250,000 
        the second year.  This reduction may be 
        applied to any program funded under 
        this section with the exception of the 
        Office of Justice Programs. 
        [COOPERATIVE INVESTIGATION OF 
        CROSS-JURISDICTIONAL CRIMINAL 
        ACTIVITY.] $94,000 the first year and 
        $93,000 the second year are 
        appropriated from the Bureau of 
        Criminal Apprehension account in the 
        special revenue fund 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.] $346,000 each 
        year is appropriated from the Bureau of 
        Criminal Apprehension account in the 
        special revenue fund for laboratory 
        activities. 
        [DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.] 
        Notwithstanding Minnesota Statutes, 
        section 161.20, subdivision 3, $361,000 
        each year is appropriated from the 
        trunk highway fund for laboratory 
        analysis related to 
        driving-while-impaired cases. 
        [DWI POLICY REFORMS.] $60,000 the first 
        year and $58,000 the second year are 
        for costs associated with DWI policy 
        reforms contained in article 18. 
        [AUTOMATED FINGERPRINT IDENTIFICATION 
        SYSTEM.] $1,533,000 the first year and 
        $2,318,000 the second year are to 
        replace the automated fingerprint 
        identification system (AFIS). 
        [PREDATORY OFFENDER REGISTRATION 
        SYSTEM.] $1,146,000 the first year and 
        $564,000 the second year are to upgrade 
        the predatory offender registration 
        (POR) system and to increase the 
        monitoring and tracking of registered 
        offenders who become noncompliant with 
        the law. 
        [CRIMINAL JUSTICE INFORMATION SYSTEMS 
        (CJIS) AUDIT TRAIL.] $374,000 the first 
        year and $203,000 the second year are 
        for the Criminal Justice Information 
        Systems (CJIS) audit trail. 
        [DNA ANALYSIS.] $757,000 the first year 
        and $769,000 the second year are to 
        fund DNA analyses of biological samples.
        [LIVESCAN.] $66,000 the first year and 
        $69,000 the second year are to fund the 
        ongoing costs of Livescan. 
        [TEN NEW AGENTS.] $1,000,000 each year 
        is for ten Bureau of Criminal 
        Apprehension agents to be assigned 
        exclusively to methamphetamine 
        enforcement, including the 
        investigation of manufacturing and 
        distributing methamphetamine and 
        related violence.  These appropriations 
        are intended to increase the current 
        allocation of Bureau of Criminal 
        Apprehension resources dedicated to 
        methamphetamine enforcement.  Positions 
        funded by these appropriations may not 
        supplant existing agent assignments or 
        positions. 
        Subd. 4.  Fire Marshal                 2,845,000      2,832,000 
        Subd. 5.  Alcohol and       
        Gambling Enforcement                   1,772,000      1,772,000 
                      Summary by Fund
        General               1,622,000     1,622,000
        Special Revenue         150,000       150,000
        Subd. 6.  Office of         
        Justice Programs                      34,440,000     34,035,000 
        [GANG AND NARCOTICS STRIKE FORCES.] 
        $2,374,000 each year is for grants to 
        the combined operations of the Criminal 
        Gang Strike Force and Narcotics Task 
        Forces. 
        [CRIME VICTIM ASSISTANCE GRANTS 
        INCREASE.] $1,270,000 each year is to 
        increase funding for crime victim 
        assistance grants for abused children, 
        sexual assault victims, battered women, 
        and general crime victims.  
        [BATTERED WOMEN'S SHELTER GRANTS.] 
        $400,000 each year is to increase 
        funding for battered women's shelters 
        under Minnesota Statutes, section 
        611A.32, and for safe houses.  
        [METHAMPHETAMINE TREATMENT GRANTS.] 
        $750,000 each year is for grants to 
        counties for methamphetamine treatment 
        programs.  Priority should be given to 
        those counties that demonstrate a 
        treatment approach that incorporates 
        best practices as defined by the 
        Minnesota Department of Human 
        Services.  This is a onetime 
        appropriation. 
        [FINANCIAL CRIMES TASK FORCE.] $750,000 
        each year is for the Financial Crimes 
        Task Force.  A cash or in-kind match 
        totalling a minimum of $250,000 is 
        required.  Before the funds may be 
        allocated, a financial work plan must 
        be submitted to the commissioner of 
        public safety. 
        [HUMAN TRAFFICKING; ASSESSMENT, POLICY 
        DEVELOPMENT, AND IMPLEMENTATION.] 
        $50,000 each year is to conduct the 
        study and assessment of human 
        trafficking under new Minnesota 
        Statutes, sections 299A.78 and 299A.785.
        [YOUTH INTERVENTION PROGRAMS.] 
        $1,452,000 each year is for youth 
        intervention programs currently under 
        Minnesota Statutes, section 116L.30, 
        but to be transferred to Minnesota 
        Statutes, section 299A.73.  
        [HOMELESSNESS PILOT PROJECTS.] $400,000 
        the first year is for the homelessness 
        pilot projects described in article 8, 
        section 27.  This is a onetime 
        appropriation. 
        [ADMINISTRATION COSTS.] Up to 2.5 
        percent of the grant funds appropriated 
        in this subdivision may be used to 
        administer the grant programs. 
        Subd. 7.  911 Emergency 
        Services/ARMER   
            43,655,000     44,408,000 
        This appropriation is from the state 
        government special revenue fund for 911 
        emergency telecommunications services. 
        [PRIOR 911 OBLIGATIONS.] $3,442,000 the 
        first year and $3,064,000 the second 
        year are to fund a deficiency due to 
        prior year obligations under Minnesota 
        Statutes, section 403.11, that were 
        estimated in the December 2004 911 fund 
        statement to be $6,504,700 on July 1, 
        2005.  "Prior year obligations" means 
        reimbursable costs under Minnesota 
        Statutes, section 403.11, subdivision 
        1, incurred under the terms and 
        conditions of a contract with the state 
        for a fiscal year preceding fiscal year 
        2004, that have been certified in a 
        timely manner in accordance with 
        Minnesota Statutes, section 403.11, 
        subdivision 3a, and that are not barred 
        by statute of limitation or other 
        defense.  The appropriations needed for 
        this purpose are estimated to be none 
        in fiscal year 2008 and thereafter. 
        [PUBLIC SAFETY ANSWERING POINTS.] 
        $13,640,000 the first year and 
        $13,664,000 the second year are to be 
        distributed as provided in Minnesota 
        Statutes, section 403.113, subdivision 
        2.  This appropriation may only be used 
        for public safety answering points that 
        have implemented phase two wireless 
        enhanced 911 service or whose 
        governmental agency has made a binding 
        commitment to the commissioner of 
        public safety to implement phase two 
        wireless enhanced 911 service by 
        January 1, 2008.  If revenue to the 
        account is insufficient to support all 
        appropriations from the account for a 
        fiscal year, this appropriation takes 
        priority over other appropriations, 
        except the open appropriation in 
        Minnesota Statutes, section 403.30, 
        subdivision 1, for debt service on 
        bonds previously sold.  
        [MEDICAL RESOURCE COMMUNICATION 
        CENTERS.] $682,000 the first year and 
        $683,000 the second year are for grants 
        to the Minnesota Emergency Medical 
        Services Regulatory Board for the Metro 
        East and Metro West Medical Resource 
        Communication Centers that were in 
        operation before January 1, 2000. 
        [800 MEGAHERTZ DEBT SERVICE.] 
        $6,138,000 the first year and 
        $6,149,000 the second year are to the 
        commissioner of finance to pay debt 
        service on revenue bonds issued under 
        Minnesota Statutes, section 403.275.  
        Any portion of this appropriation not 
        needed to pay debt service in a fiscal 
        year may be used by the commissioner of 
        public safety to pay cash for any of 
        the capital improvements for which bond 
        proceeds have been appropriated in 
        subdivision 8. 
        [METROPOLITAN COUNCIL DEBT SERVICE.] 
        $1,405,000 the first year and 
        $1,410,000 the second year are to the 
        commissioner of finance for payment to 
        the Metropolitan Council for debt 
        service on bonds issued under Minnesota 
        Statutes, section 403.27.  
        [800 MEGAHERTZ IMPROVEMENTS.] 
        $1,323,000 each year is for the 
        Statewide Radio Board for costs of 
        design, construction, maintenance of, 
        and improvements to those elements of 
        the first, second, and third phases 
        that support mutual aid communications 
        and emergency medical services, and for 
        recurring charges for leased sites and 
        equipment for those elements of the 
        first, second, and third phases that 
        support mutual aid and emergency 
        medical communication services. 
        Subd. 8.  800 MHz Public Safety  
        Radio and Communication System        62,500,000               
        The appropriations in this subdivision 
        are from the 911 revenue bond proceeds 
        account for the purposes indicated, to 
        be available until the project is 
        completed or abandoned, subject to 
        Minnesota Statutes, section 16A.642. 
        (a) Phase 2 Subsystems                 8,000,000               
        To the commissioner of public safety 
        for a grant to the Metropolitan 
        Emergency Services Board to pay up to 
        50 percent of the cost to a local 
        government unit of building a subsystem 
        as part of the second phase of the 
        public safety radio and communication 
        system plan under Minnesota Statutes, 
        section 403.36. 
        (b) Phase 3 System Backbone           45,000,000               
        To the commissioner of transportation 
        to construct the system backbone in the 
        third phase of the public safety radio 
        and communication system plan under 
        Minnesota Statutes, section 403.36. 
        (c) Phase 3 Subsystems                 9,500,000               
        To the commissioner of public safety to 
        reimburse local units of government for 
        up to 50 percent of the cost of 
        building a subsystem of the public 
        safety radio and communication system 
        established under Minnesota Statutes, 
        section 403.36, in the southeast 
        district of the State Patrol and the 
        counties of Benton, Sherburne, Stearns, 
        and Wright. 
        (d) Bond Sale Authorization 
        To provide the money appropriated in 
        this subdivision, the commissioner of 
        finance shall sell and issue bonds of 
        the state in an amount up to 
        $62,500,000 in the manner, upon the 
        terms, and with the effect prescribed 
        by Minnesota Statutes, section 403.275. 
        Subd. 9.  Administration                 609,000        738,000 
        [PUBLIC SAFETY OFFICERS' HEALTH 
        INSURANCE.] $609,000 the first year and 
        $738,000 the second year are for public 
        safety officers' health insurance.  The 
        base for fiscal year 2008 is $885,000 
        and for fiscal year 2009 is $1,053,000. 
        Subd. 10.  Driver and Vehicle
        Services                                  31,000          1,000 
        [GASOLINE THEFT.] This appropriation is 
        from the trunk highway fund for costs 
        associated with suspending licenses of 
        persons under new section 171.175 for 
        gasoline theft.  
        Sec. 10.  PEACE OFFICER    
        STANDARDS AND TRAINING BOARD (POST)    4,154,000      4,014,000 
        [EXCESS AMOUNTS TRANSFERRED.] This 
        appropriation is from the peace officer 
        training account in the special revenue 
        fund.  Any new receipts credited to 
        that account in the first year in 
        excess of $4,154,000 must be 
        transferred and credited to the general 
        fund.  Any new receipts credited to 
        that account in the second year in 
        excess of $4,014,000 must be 
        transferred and credited to the general 
        fund. 
        [TECHNOLOGY IMPROVEMENTS.] $140,000 the 
        first year is for technology 
        improvements. 
        [PEACE OFFICER TRAINING REIMBURSEMENT.] 
        $2,909,000 each year is for 
        reimbursements to local governments for 
        peace officer training costs. 
        Sec. 11.  BOARD OF PRIVATE DETECTIVE 
        AND PROTECTIVE AGENT SERVICES            126,000        126,000
        Sec. 12.  HUMAN RIGHTS                 3,490,000      3,490,000
        Sec. 13.  DEPARTMENT OF CORRECTIONS 
        Subdivision 1.  Total       
        Appropriation                        407,085,000    420,588,000 
                      Summary by Fund
        General Fund        406,195,000   419,698,000
        Special Revenue         890,000       890,000
        [APPROPRIATIONS FOR PROGRAMS.] The 
        amounts that may be spent from this 
        appropriation for each program are 
        specified in the following subdivisions.
        Subd. 2.  Correctional      
        Institutions                         288,296,000    301,986,000 
                      Summary by Fund
        General Fund        287,716,000   301,406,000
        Special Revenue         580,000       580,000
        [CONTRACTS 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. 
        Notwithstanding any law to the 
        contrary, the commissioner may use per 
        diems collected under contracts for 
        beds at MCF-Rush City to operate the 
        state correctional system.  
        [LEVEL III OFFENDER TRACKING AND 
        APPREHENSION.] $70,000 each year is to 
        track and apprehend level III predatory 
        offenders. 
        [SEX OFFENDER TREATMENT AND 
        TRANSITIONAL SERVICES.] $1,500,000 each 
        year is for sex offender treatment and 
        transitional services. 
        [HEALTH SERVICES.] $3,085,000 the first 
        year and $3,086,000 the second year are 
        for increased funding for health 
        services. 
        [CHEMICAL DEPENDENCY TREATMENT.] 
        $1,000,000 each year is for increased 
        funding for chemical dependency 
        treatment programs.  
        [WORKING GROUP ON INMATE LABOR; 
        REPORT.] The commissioner of 
        corrections and the commissioner of the 
        Minnesota Housing Finance Agency shall 
        convene a working group to study the 
        feasibility of using inmate labor to 
        build low-income housing manufactured 
        at MCF-Faribault.  The working group 
        shall consist of:  the chief executive 
        officer of MINNCOR Industries; 
        representatives from the Builders 
        Association of America, Minnesota 
        AFL-CIO, Association of Minnesota 
        Counties, Minnesota Manufactured 
        Housing Association, Habitat for 
        Humanity, and Minnesota Housing 
        Partnership, selected by those 
        organizations; and any other 
        individuals deemed appropriate by the 
        commissioners.  
        By January 15, 2006, the working group 
        shall report its findings and 
        recommendations to the chairs and 
        ranking minority members of the senate 
        and house of representatives committees 
        and divisions having jurisdiction over 
        criminal justice and jobs, housing, and 
        community development policy and 
        funding. 
        Subd. 3.  Community Services         103,556,000    103,369,000 
                      Summary by Fund
        General Fund        103,456,000   103,269,000
        Special Revenue         100,000       100,000
        [SHORT-TERM OFFENDERS.] $1,207,000 each 
        year is 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 2003.  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 Minnesota Statutes, 
        section 609.105, as amended by Laws 
        2003, First Special Session chapter 2, 
        article 5, sections 7 to 9. 
        [GPS MONITORING OF SEX OFFENDERS.] 
        $500,000 the first year and $162,000 
        the second year are for the acquisition 
        and service of bracelets equipped with 
        tracking devices designed to track and 
        monitor the movement and location of 
        criminal offenders.  The commissioner 
        shall use the bracelets to monitor 
        high-risk sex offenders who are on 
        supervised release, conditional 
        release, parole, or probation to help 
        ensure that the offenders do not 
        violate conditions of their release or 
        probation. 
        [END OF CONFINEMENT REVIEWS.] $94,000 
        each year is for end of confinement 
        reviews.  
        [COMMUNITY SURVEILLANCE AND 
        SUPERVISION.] $1,370,000 each year is 
        to provide housing options to maximize 
        community surveillance and supervision. 
        [INCREASE IN INTENSIVE SUPERVISED 
        RELEASE SERVICES.] $1,800,000 each year 
        is to increase intensive supervised 
        release services.  
        [SEX OFFENDER ASSESSMENT 
        REIMBURSEMENTS.] $350,000 each year is 
        to provide grants to counties for 
        reimbursements for sex offender 
        assessments as required under Minnesota 
        Statutes, section 609.3452, subdivision 
        1, which is being renumbered as section 
        609.3457.  
        [SEX OFFENDER TREATMENT AND 
        POLYGRAPHS.] $1,250,000 each year is to 
        provide treatment for sex offenders on 
        community supervision and to pay for 
        polygraph testing.  
        [INCREASED SUPERVISION OF SEX 
        OFFENDERS, DOMESTIC VIOLENCE OFFENDERS, 
        AND OTHER VIOLENT OFFENDERS.] 
        $1,500,000 each year is for the 
        increased supervision of sex offenders 
        and other violent offenders, including 
        those convicted of domestic abuse.  
        These appropriations may not be used to 
        supplant existing state or county 
        probation officer positions. 
        The commissioner shall distribute 
        $1,050,000 in grants each year to 
        Community Corrections Act counties and 
        $450,000 each year to the Department of 
        Corrections Probation and Supervised 
        Release Unit.  The commissioner shall 
        distribute the funds to the Community 
        Corrections Act counties according to 
        the formula contained in Minnesota 
        Statutes, section 401.10. 
        Prior to the distribution of these 
        funds, each Community Corrections Act 
        jurisdiction and the Department of 
        Corrections Probation and Supervised 
        Release Unit shall submit to the 
        commissioner an analysis of need along 
        with a plan to meet their needs and 
        reduce the number of sex offenders and 
        other violent offenders, including 
        domestic abuse offenders, on probation 
        officer caseloads. 
        [COUNTY PROBATION OFFICERS.] $500,000 
        each year is to increase county 
        probation officer reimbursements.  
        [INTENSIVE SUPERVISION AND AFTERCARE 
        FOR CONTROLLED SUBSTANCES OFFENDERS; 
        REPORT.] $600,000 each year is for 
        intensive supervision and aftercare 
        services for controlled substances 
        offenders released from prison under 
        Minnesota Statutes, section 244.055.  
        These appropriations are not added to 
        the department's base budget.  By 
        January 15, 2008, the commissioner 
        shall report to the chairs and ranking 
        minority members of the senate and 
        house of representatives committees and 
        divisions having jurisdiction over 
        criminal justice policy and funding on 
        how this appropriation was spent. 
        [REPORT ON ELECTRONIC MONITORING OF SEX 
        OFFENDERS.] By March 1, 2006, the 
        commissioner shall report to the chairs 
        and ranking minority members of the 
        senate and house of representatives 
        committees and divisions having 
        jurisdiction over criminal justice 
        policy and funding on implementing an 
        electronic monitoring system for sex 
        offenders who are under community 
        supervision.  The report must address 
        the following: 
        (1) the advantages and disadvantages in 
        implementing this system, including the 
        impact on public safety; 
        (2) the types of sex offenders who 
        should be subject to the monitoring; 
        (3) the time period that offenders 
        should be subject to the monitoring; 
        (4) the financial costs associated with 
        the monitoring and who should be 
        responsible for these costs; and 
        (5) the technology available for the 
        monitoring. 
        Subd. 4.  Operations Support          15,233,000     15,233,000 
        General Fund         15,023,000    15,023,000
        Special Revenue         210,000       210,000
        [AGENCY CUT, DISTRIBUTION.] The general 
        fund appropriation includes a reduction 
        of $375,000 the first year and $325,000 
        the second year.  This reduction may be 
        applied to any program funded under 
        this section. 
        [REPORT ON CONDITIONAL RELEASE OF 
        CONTROLLED SUBSTANCE OFFENDERS.] 
        $50,000 the first year is for the 
        commissioner to contract with an 
        organization to evaluate the 
        conditional release of nonviolent 
        controlled substance offender program 
        described in Minnesota Statutes, 
        section 244.055.  To the degree 
        feasible, the evaluation must address 
        the recidivism rates of offenders 
        released under the program.  The 
        commissioner shall determine other 
        issues to be addressed in the 
        evaluation.  By January 15, 2008, the 
        commissioner shall forward the 
        completed evaluation to the chairs and 
        ranking minority members of the senate 
        and house of representatives committees 
        and divisions having jurisdiction over 
        criminal justice policy and funding. 
        Sec. 14.  SENTENCING GUIDELINES          463,000        463,000 
        Sec. 15.  BOARD OF VETERINARY 
        MEDICINE                                   7,000        -0-    
        [METHAMPHETAMINE STUDY.] This 
        appropriation is for the study on 
        animal products that may be used in the 
        manufacture of methamphetamine 
        described in article 7, section 20. 

                                   ARTICLE 2 
                                 SEX OFFENDERS: 
               MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND 
                   REPEAT SEX OFFENSES; CONDITIONAL RELEASE; 
                            OTHER SENTENCING CHANGES 
           Section 1.  Minnesota Statutes 2004, section 244.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REDUCTION OF SENTENCE; INMATES SENTENCED 
        FOR CRIMES COMMITTED BEFORE 1993.] Notwithstanding the 
        provisions of section 609.11, subdivision 6, and section 
        609.109, subdivision 1, the term of imprisonment of any inmate 
        sentenced to a presumptive fixed sentence after May 1, 1980, and 
        whose crime was committed before August 1, 1993, shall be 
        reduced in duration by one day for each two days during which 
        the inmate violates none of the disciplinary offense rules 
        promulgated by the commissioner.  The reduction shall accrue to 
        the period of supervised release to be served by the inmate, 
        except that the period of supervised release for a sex offender 
        sentenced and conditionally released by the commissioner under 
        section 609.108, subdivision 5, 609.3455 is governed by that 
        provision. 
           Except as otherwise provided in subdivision 2, if an inmate 
        whose crime was committed before August 1, 1993, violates a 
        disciplinary offense rule promulgated by the commissioner, good 
        time earned prior to the violation may not be taken away, but 
        the inmate may be required to serve an appropriate portion of 
        the term of imprisonment after the violation without earning 
        good time. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 2.  Minnesota Statutes 2004, section 244.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RULES.] The commissioner of corrections shall 
        adopt by rule standards and procedures for the revocation of 
        supervised or conditional release, and shall specify the period 
        of revocation for each violation of supervised release.  
        Procedures for the revocation of supervised release shall 
        provide due process of law for the inmate. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 3.  Minnesota Statutes 2004, section 244.05, 
        subdivision 4, is amended to read: 
           Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] (a) An 
        inmate serving a mandatory life sentence under section 
        609.106 or 609.3455, subdivision 2, must not be given supervised 
        release under this section.  
           (b) An inmate serving a mandatory life sentence under 
        section 609.185, clause (1), (3), (5), or (6); or 609.109, 
        subdivision 2a 3, must not be given supervised release under 
        this section without having served a minimum term of 30 years.  
           (c) An inmate serving a mandatory life sentence under 
        section 609.385 must not be given supervised release under this 
        section without having served a minimum term of imprisonment of 
        17 years.  
           (d) An inmate serving a mandatory life sentence under 
        section 609.3455, subdivision 3 or 4, must not be given 
        supervised release under this section without having served the 
        minimum term of imprisonment specified by the court in its 
        sentence.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 4.  Minnesota Statutes 2004, section 244.05, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
        commissioner of corrections may, under rules promulgated by the 
        commissioner, give supervised release to an inmate serving a 
        mandatory life sentence under section 609.185, clause (1), (3), 
        (5), or (6); 609.109, subdivision 2a 3; 609.3455, subdivision 3 
        or 4; or 609.385 after the inmate has served the minimum term of 
        imprisonment specified in subdivision 4. 
           (b) The commissioner shall require the preparation of a 
        community investigation report and shall consider the findings 
        of the report when making a supervised release decision under 
        this subdivision.  The report shall reflect the sentiment of the 
        various elements of the community toward the inmate, both at the 
        time of the offense and at the present time.  The report shall 
        include the views of the sentencing judge, the prosecutor, any 
        law enforcement personnel who may have been involved in the 
        case, and any successors to these individuals who may have 
        information relevant to the supervised release decision.  The 
        report shall also include the views of the victim and the 
        victim's family unless the victim or the victim's family chooses 
        not to participate.  
           (c) The commissioner shall make reasonable efforts to 
        notify the victim, in advance, of the time and place of the 
        inmate's supervised release review hearing.  The victim has a 
        right to submit an oral or written statement at the review 
        hearing.  The statement may summarize the harm suffered by the 
        victim as a result of the crime and give the victim's 
        recommendation on whether the inmate should be given supervised 
        release at this time.  The commissioner must consider the 
        victim's statement when making the supervised release decision. 
           (d) When considering whether to give supervised release to 
        an inmate serving a life sentence under section 609.3455, 
        subdivision 3 or 4, the commissioner shall consider, at a 
        minimum, the following:  the risk the inmate poses to the 
        community if released, the inmate's progress in treatment, the 
        inmate's behavior while incarcerated, psychological or other 
        diagnostic evaluations of the inmate, the inmate's criminal 
        history, and any other relevant conduct of the inmate while 
        incarcerated or before incarceration.  The commissioner may not 
        give supervised release to the inmate unless:  
           (1) while in prison: 
           (i) the inmate has successfully completed appropriate sex 
        offender treatment; 
           (ii) the inmate has been assessed for chemical dependency 
        needs and, if appropriate, has successfully completed chemical 
        dependency treatment; and 
           (iii) the inmate has been assessed for mental health needs 
        and, if appropriate, has successfully completed mental health 
        treatment; and 
           (2) a comprehensive individual release plan is in place for 
        the inmate that ensures that, after release, the inmate will 
        have suitable housing and receive appropriate aftercare and 
        community-based treatment.  The comprehensive plan also must 
        include a postprison employment or education plan for the inmate.
           (e) As used in this subdivision, "victim" means the 
        individual who suffered harm as a result of the inmate's crime 
        or, if the individual is deceased, the deceased's surviving 
        spouse or next of kin. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 5.  Minnesota Statutes 2004, section 609.106, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
        a person to life imprisonment without possibility of release 
        under the following circumstances: 
           (1) the person is convicted of first degree murder under 
        section 609.185, paragraph (a), clause (1), (2), (4), or (7); 
           (2) the person is convicted of committing first degree 
        murder in the course of a kidnapping under section 609.185, 
        clause (3); or 
           (3) the person is convicted of first degree murder under 
        section 609.185, clause (1), (3), (5), or (6), and the court 
        determines on the record at the time of sentencing that the 
        person has one or more previous convictions for a heinous crime. 
           Sec. 6.  Minnesota Statutes 2004, section 609.108, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
        shall commit a person to the commissioner of corrections for a 
        period of time that is not less than double the presumptive 
        sentence under the Sentencing Guidelines and not more than the 
        statutory maximum, or if the statutory maximum is less than 
        double the presumptive sentence, for a period of time that is 
        equal to the statutory maximum, if: 
           (1) the court is imposing an executed sentence, based on a 
        Sentencing Guidelines presumptive imprisonment sentence or a 
        dispositional departure for aggravating circumstances or a 
        mandatory minimum sentence, on a person convicted of committing 
        or attempting to commit a violation of section 609.342, 609.343, 
        609.344, or 609.345, or on a person convicted of committing or 
        attempting to commit any other crime listed in subdivision 3 if 
        it reasonably appears to the court that the crime was motivated 
        by the offender's sexual impulses or was part of a predatory 
        pattern of behavior that had criminal sexual conduct as its goal 
        609.3453; 
           (2) the court finds factfinder determines that the offender 
        is a danger to public safety; and 
           (3) the court finds factfinder determines that the offender 
        needs long-term treatment or supervision offender's criminal 
        sexual behavior is so engrained that the risk of reoffending is 
        great without intensive psychotherapeutic intervention or other 
        long-term treatment or supervision extending beyond the 
        presumptive term of imprisonment and supervised release.  The 
        finding must be based on a professional assessment by an 
        examiner experienced in evaluating sex offenders that concludes 
        that the offender is a patterned sex offender.  The assessment 
        must contain the facts upon which the conclusion is based, with 
        reference to the offense history of the offender or the severity 
        of the current offense, the social history of the offender, and 
        the results of an examination of the offender's mental status 
        unless the offender refuses to be examined.  The conclusion may 
        not be based on testing alone.  A patterned sex offender is one 
        whose criminal sexual behavior is so engrained that the risk of 
        reoffending is great without intensive psychotherapeutic 
        intervention or other long-term controls. 
           (b) The court shall consider imposing a sentence under this 
        section whenever a person is convicted of violating section 
        609.342 or 609.343. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 7.  Minnesota Statutes 2004, section 609.108, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
        violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
        609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 
        609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 
        or 609.582, subdivision 1.  As used in this section, "predatory 
        crime" has the meaning given in section 609.341, subdivision 22. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 8.  Minnesota Statutes 2004, section 609.108, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DANGER TO PUBLIC SAFETY.] The court shall base 
        its finding factfinder shall base its determination that the 
        offender is a danger to public safety on any of the following 
        factors: 
           (1) the crime involved an aggravating factor that would 
        justify a durational departure from the presumptive sentence 
        under the Sentencing Guidelines; 
           (2) the offender previously committed or attempted to 
        commit a predatory crime or a violation of section 609.224 or 
        609.2242, including: 
           (i) an offense committed as a juvenile that would have been 
        a predatory crime or a violation of section 609.224 or 609.2242 
        if committed by an adult; or 
           (ii) a violation or attempted violation of a similar law of 
        any other state or the United States; or 
           (3) the offender planned or prepared for the crime prior to 
        its commission. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 9.  Minnesota Statutes 2004, section 609.108, 
        subdivision 6, is amended to read: 
           Subd. 6.  [CONDITIONAL RELEASE.] At the time of sentencing 
        under subdivision 1, the court shall provide that after the 
        offender has completed the sentence imposed, less any good time 
        earned by an offender whose crime was committed before August 1, 
        1993, the commissioner of corrections shall place the offender 
        on conditional release for the remainder of the statutory 
        maximum period, or for ten years, whichever is longer.  The 
        terms of conditional release are governed by section 609.3455.  
           The conditions of release may include successful completion 
        of treatment and aftercare in a program approved by the 
        commissioner, satisfaction of the release conditions specified 
        in section 244.05, subdivision 6, and any other conditions the 
        commissioner considers appropriate.  Before the offender is 
        released, the commissioner shall notify the sentencing court, 
        the prosecutor in the jurisdiction where the offender was 
        sentenced, and the victim of the offender's crime, where 
        available, of the terms of the offender's conditional release.  
        If the offender fails to meet any condition of release, the 
        commissioner may revoke the offender's conditional release and 
        order that the offender serve all or a part of the remaining 
        portion of the conditional release term in prison.  The 
        commissioner shall not dismiss the offender from supervision 
        before the conditional release term expires. 
           Conditional release granted under this subdivision is 
        governed by provisions relating to supervised release, except as 
        otherwise provided in this subdivision, section 244.04, 
        subdivision 1, or 244.05. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 10.  Minnesota Statutes 2004, section 609.341, 
        subdivision 14, is amended to read: 
           Subd. 14.  [COERCION.] "Coercion" means the use by the 
        actor of words or circumstances that cause the complainant 
        reasonably to fear that the actor will inflict bodily harm upon, 
        or hold in confinement, the complainant or another, or force the 
        use by the actor of confinement, or superior size or strength, 
        against the complainant that causes the complainant to submit to 
        sexual penetration or contact, but against the complainant's 
        will.  Proof of coercion does not require proof of a specific 
        act or threat. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 11.  Minnesota Statutes 2004, section 609.341, is 
        amended by adding a subdivision to read: 
           Subd. 22.  [PREDATORY CRIME.] "Predatory crime" means a 
        felony violation of section 609.185 (first-degree murder), 
        609.19 (second-degree murder), 609.195 (third-degree murder), 
        609.20 (first-degree manslaughter), 609.205 (second-degree 
        manslaughter), 609.221 (first-degree assault), 609.222 
        (second-degree assault), 609.223 (third-degree assault), 609.24 
        (simple robbery), 609.245 (aggravated robbery), 609.25 
        (kidnapping), 609.255 (false imprisonment), 609.498 (tampering 
        with a witness), 609.561 (first-degree arson), or 609.582, 
        subdivision 1 (first-degree burglary).  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 12.  Minnesota Statutes 2004, section 609.342, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
        section 609.109 or 609.3455, a person convicted under 
        subdivision 1 may be sentenced to imprisonment for not more than 
        30 years or to a payment of a fine of not more than $40,000, or 
        both. 
           (b) Unless a longer mandatory minimum sentence is otherwise 
        required by law or the Sentencing Guidelines provide for a 
        longer presumptive executed sentence, the court shall presume 
        that an executed sentence of 144 months must be imposed on an 
        offender convicted of violating this section.  Sentencing a 
        person in a manner other than that described in this paragraph 
        is a departure from the Sentencing Guidelines.  
           (c) A person convicted under this section is also subject 
        to conditional release under section 609.3455.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 13.  Minnesota Statutes 2004, section 609.342, 
        subdivision 3, is amended to read: 
           Subd. 3.  [STAY.] Except when imprisonment is required 
        under section 609.109 or 609.3455, if a person is convicted 
        under subdivision 1, clause (g), the court may stay imposition 
        or execution of the sentence if it finds that: 
           (a) a stay is in the best interest of the complainant or 
        the family unit; and 
           (b) a professional assessment indicates that the offender 
        has been accepted by and can respond to a treatment program. 
           If the court stays imposition or execution of sentence, it 
        shall include the following as conditions of probation: 
           (1) incarceration in a local jail or workhouse; 
           (2) a requirement that the offender complete a treatment 
        program; and 
           (3) a requirement that the offender have no unsupervised 
        contact with the complainant until the offender has successfully 
        completed the treatment program unless approved by the treatment 
        program and the supervising correctional agent.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 14.  Minnesota Statutes 2004, section 609.343, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
        section 609.109 or 609.3455, a person convicted under 
        subdivision 1 may be sentenced to imprisonment for not more than 
        25 years or to a payment of a fine of not more than $35,000, or 
        both. 
           (b) Unless a longer mandatory minimum sentence is otherwise 
        required by law or the Sentencing Guidelines provide for a 
        longer presumptive executed sentence, the court shall presume 
        that an executed sentence of 90 months must be imposed on an 
        offender convicted of violating subdivision 1, clause (c), (d), 
        (e), (f), or (h).  Sentencing a person in a manner other than 
        that described in this paragraph is a departure from the 
        Sentencing Guidelines. 
           (c) A person convicted under this section is also subject 
        to conditional release under section 609.3455.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 15.  Minnesota Statutes 2004, section 609.343, 
        subdivision 3, is amended to read: 
           Subd. 3.  [STAY.] Except when imprisonment is required 
        under section 609.109 or 609.3455, if a person is convicted 
        under subdivision 1, clause (g), the court may stay imposition 
        or execution of the sentence if it finds that: 
           (a) a stay is in the best interest of the complainant or 
        the family unit; and 
           (b) a professional assessment indicates that the offender 
        has been accepted by and can respond to a treatment program. 
           If the court stays imposition or execution of sentence, it 
        shall include the following as conditions of probation: 
           (1) incarceration in a local jail or workhouse; 
           (2) a requirement that the offender complete a treatment 
        program; and 
           (3) a requirement that the offender have no unsupervised 
        contact with the complainant until the offender has successfully 
        completed the treatment program unless approved by the treatment 
        program and the supervising correctional agent.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 16.  Minnesota Statutes 2004, section 609.344, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTY.] Except as otherwise provided in 
        section 609.3455, a person convicted under subdivision 1 may be 
        sentenced to imprisonment for not more than 15 years or to a 
        payment of a fine of not more than $30,000, or both.  A person 
        convicted under this section is also subject to conditional 
        release under section 609.3455.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 17.  Minnesota Statutes 2004, section 609.344, 
        subdivision 3, is amended to read: 
           Subd. 3.  [STAY.] Except when imprisonment is required 
        under section 609.109 or 609.3455, if a person is convicted 
        under subdivision 1, clause (f), the court may stay imposition 
        or execution of the sentence if it finds that: 
           (a) a stay is in the best interest of the complainant or 
        the family unit; and 
           (b) a professional assessment indicates that the offender 
        has been accepted by and can respond to a treatment program. 
           If the court stays imposition or execution of sentence, it 
        shall include the following as conditions of probation: 
           (1) incarceration in a local jail or workhouse; 
           (2) a requirement that the offender complete a treatment 
        program; and 
           (3) a requirement that the offender have no unsupervised 
        contact with the complainant until the offender has successfully 
        completed the treatment program unless approved by the treatment 
        program and the supervising correctional agent.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 18.  Minnesota Statutes 2004, section 609.345, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTY.] Except as otherwise provided in 
        section 609.3455, a person convicted under subdivision 1 may be 
        sentenced to imprisonment for not more than ten years or to a 
        payment of a fine of not more than $20,000, or both.  A person 
        convicted under this section is also subject to conditional 
        release under section 609.3455.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 19.  Minnesota Statutes 2004, section 609.345, 
        subdivision 3, is amended to read: 
           Subd. 3.  [STAY.] Except when imprisonment is required 
        under section 609.109 or 609.3455, if a person is convicted 
        under subdivision 1, clause (f), the court may stay imposition 
        or execution of the sentence if it finds that: 
           (a) a stay is in the best interest of the complainant or 
        the family unit; and 
           (b) a professional assessment indicates that the offender 
        has been accepted by and can respond to a treatment program. 
           If the court stays imposition or execution of sentence, it 
        shall include the following as conditions of probation: 
           (1) incarceration in a local jail or workhouse; 
           (2) a requirement that the offender complete a treatment 
        program; and 
           (3) a requirement that the offender have no unsupervised 
        contact with the complainant until the offender has successfully 
        completed the treatment program unless approved by the treatment 
        program and the supervising correctional agent. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 20.  [609.3453] [CRIMINAL SEXUAL PREDATORY CONDUCT.] 
           Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
        criminal sexual predatory conduct if the person commits a 
        predatory crime that was motivated by the offender's sexual 
        impulses or was part of a predatory pattern of behavior that had 
        criminal sexual conduct as its goal.  
           Subd. 2.  [PENALTY.] (a) Except as provided in section 
        609.3455, the statutory maximum sentence for a violation of 
        subdivision 1 is:  (1) 25 percent longer than for the underlying 
        predatory crime; or (2) 50 percent longer than for the 
        underlying predatory crime, if the violation is committed by a 
        person with a previous sex offense conviction, as defined in 
        section 609.3455, subdivision 1.  
           (b) In addition to the sentence imposed under paragraph 
        (a), the person may also be sentenced to the payment of a fine 
        of not more than $20,000.  
           (c) A person convicted under this section is also subject 
        to conditional release under section 609.3455.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 21.  [609.3455] [DANGEROUS SEX OFFENDERS; LIFE 
        SENTENCES; CONDITIONAL RELEASE.] 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given.  
           (b) "Conviction" includes a conviction as an extended 
        jurisdiction juvenile under section 260B.130 for a violation of, 
        or an attempt to violate, section 609.342, 609.343, 609.344, or 
        609.3453, if the adult sentence has been executed.  
           (c) "Extreme inhumane conditions" mean situations where, 
        either before or after the sexual penetration or sexual contact, 
        the offender knowingly causes or permits the complainant to be 
        placed in a situation likely to cause the complainant severe 
        ongoing mental, emotional, or psychological harm, or causes the 
        complainant's death. 
           (d) A "heinous element" includes: 
           (1) the offender tortured the complainant; 
           (2) the offender intentionally inflicted great bodily harm 
        upon the complainant; 
           (3) the offender intentionally mutilated the complainant; 
           (4) the offender exposed the complainant to extreme 
        inhumane conditions; 
           (5) the offender was armed with a dangerous weapon or any 
        article used or fashioned in a manner to lead the complainant to 
        reasonably believe it to be a dangerous weapon and used or 
        threatened to use the weapon or article to cause the complainant 
        to submit; 
           (6) the offense involved sexual penetration or sexual 
        contact with more than one victim; 
           (7) the offense involved more than one perpetrator engaging 
        in sexual penetration or sexual contact with the complainant; or 
           (8) the offender, without the complainant's consent, 
        removed the complainant from one place to another and did not 
        release the complainant in a safe place.  
           (e) "Mutilation" means the intentional infliction of 
        physical abuse designed to cause serious permanent disfigurement 
        or permanent or protracted loss or impairment of the functions 
        of any bodily member or organ, where the offender relishes the 
        infliction of the abuse, evidencing debasement or perversion.  
           (f) A conviction is considered a "previous sex offense 
        conviction" if the offender was convicted and sentenced for a 
        sex offense before the commission of the present offense.  
           (g) A conviction is considered a "prior sex offense 
        conviction" if the offender was convicted of committing a sex 
        offense before the offender has been convicted of the present 
        offense, regardless of whether the offender was convicted for 
        the first offense before the commission of the present offense, 
        and the convictions involved separate behavioral incidents.  
           (h) "Sex offense" means any violation of, or attempt to 
        violate, section 609.342, 609.343, 609.344, 609.345, 609.3451, 
        609.3453, or any similar statute of the United States, this 
        state, or any other state.  
           (i) "Torture" means the intentional infliction of extreme 
        mental anguish, or extreme psychological or physical abuse, when 
        committed in an especially depraved manner. 
           (j) An offender has "two previous sex offense convictions" 
        only if the offender was convicted and sentenced for a sex 
        offense committed after the offender was earlier convicted and 
        sentenced for a sex offense and both convictions preceded the 
        commission of the present offense of conviction.  
           Subd. 2.  [MANDATORY LIFE SENTENCE WITHOUT RELEASE FOR 
        PARTICULARLY EGREGIOUS FIRST-TIME AND REPEAT OFFENDERS.] (a) 
        Notwithstanding the statutory maximum penalty otherwise 
        applicable to the offense, the court shall sentence a person 
        convicted under section 609.342, subdivision 1, paragraph (c), 
        (d), (e), (f), or (h); or 609.343, subdivision 1, paragraph (c), 
        (d), (e), (f), or (h), to life without the possibility of 
        release if: 
           (1) the factfinder determines that two or more heinous 
        elements exist; or 
           (2) the person has a previous sex offense conviction for a 
        violation of section 609.342, 609.343, or 609.344, and the fact 
        finder determines that a heinous element exists for the present 
        offense.  
           (b) A factfinder may not consider a heinous element if it 
        is an element of the underlying specified violation of section 
        609.342 or 609.343.  In addition, when determining whether two 
        or more heinous elements exist, the factfinder may not use the 
        same underlying facts to support a determination that more than 
        one element exists.  
           Subd. 3.  [MANDATORY LIFE SENTENCE FOR EGREGIOUS FIRST-TIME 
        OFFENDERS.] (a) Notwithstanding the statutory maximum penalty 
        otherwise applicable to the offense, the court shall sentence a 
        person to imprisonment for life if the person is convicted under 
        section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or 
        (h), or 609.343, subdivision 1, paragraph (c), (d), (e), (f), or 
        (h); and the factfinder determines that a heinous element exists.
           (b) The factfinder may not consider a heinous element if it 
        is an element of the underlying specified violation of section 
        609.342 or 609.343.  
           Subd. 4.  [MANDATORY LIFE SENTENCE; REPEAT OFFENDERS.] (a) 
        Notwithstanding the statutory maximum penalty otherwise 
        applicable to the offense, the court shall sentence a person to 
        imprisonment for life if the person is convicted of violating 
        section 609.342, 609.343, 609.344, 609.345, or 609.3453 and:  
           (1) the person has two previous sex offense convictions; 
           (2) the person has a previous sex offense conviction and: 
           (i) the present offense involved an aggravating factor that 
        would provide grounds for an upward durational departure under 
        the sentencing guidelines other than the aggravating factor 
        applicable to repeat criminal sexual conduct convictions; 
           (ii) the person received an upward durational departure 
        from the sentencing guidelines for the previous sex offense 
        conviction; or 
           (iii) the person was sentenced under section 609.108 for 
        the previous sex offense conviction; or 
           (3) the person has two prior sex offense convictions, the 
        prior convictions and present offense involved at least three 
        separate victims, and: 
           (i) the present offense involved an aggravating factor that 
        would provide grounds for an upward durational departure under 
        the sentencing guidelines other than the aggravating factor 
        applicable to repeat criminal sexual conduct convictions; 
           (ii) the person received an upward durational departure 
        from the sentencing guidelines for one of the prior sex offense 
        convictions; or 
           (iii) the person was sentenced under section 609.108 for 
        one of the prior sex offense convictions.  
           (b) Notwithstanding paragraph (a), a court may not sentence 
        a person to imprisonment for life for a violation of section 
        609.345, unless the person's previous or prior sex offense 
        convictions that are being used as the basis for the sentence 
        are for violations of section 609.342, 609.343, 609.344, or 
        609.3453, or any similar statute of the United States, this 
        state, or any other state.  
           Subd. 5.  [LIFE SENTENCES; MINIMUM TERM OF 
        IMPRISONMENT.] At the time of sentencing under subdivision 3 or 
        4, the court shall specify a minimum term of imprisonment, based 
        on the sentencing guidelines or any applicable mandatory minimum 
        sentence, that must be served before the offender may be 
        considered for supervised release.  
           Subd. 6.  [MANDATORY TEN-YEAR CONDITIONAL RELEASE TERM.] 
        Notwithstanding the statutory maximum sentence otherwise 
        applicable to the offense and unless a longer conditional 
        release term is required in subdivision 7, when a court commits 
        an offender to the custody of the commissioner of corrections 
        for a violation of section 609.342, 609.343, 609.344, 609.345, 
        or 609.3453, the court shall provide that, after the offender 
        has completed the sentence imposed, the commissioner shall place 
        the offender on conditional release for ten years, minus the 
        time the offender served on supervised release.  
           Subd. 7.  [MANDATORY LIFETIME CONDITIONAL RELEASE TERM.] (a)
        When a court sentences an offender under subdivision 3 or 4, the 
        court shall provide that, if the offender is released from 
        prison, the commissioner of corrections shall place the offender 
        on conditional release for the remainder of the offender's life. 
           (b) Notwithstanding the statutory maximum sentence 
        otherwise applicable to the offense, when the court commits an 
        offender to the custody of the commissioner of corrections for a 
        violation of section 609.342, 609.343, 609.344, 609.345, or 
        609.3453, and the offender has a previous or prior sex offense 
        conviction, the court shall provide that, after the offender has 
        completed the sentence imposed, the commissioner shall place the 
        offender on conditional release for the remainder of the 
        offender's life.  
           (c) Notwithstanding paragraph (b), an offender may not be 
        placed on lifetime conditional release for a violation of 
        section 609.345, unless the offender's previous or prior sex 
        offense conviction is for a violation of section 609.342, 
        609.343, 609.344, or 609.3453, or any similar statute of the 
        United States, this state, or any other state.  
           Subd. 8.  [TERMS OF CONDITIONAL RELEASE; APPLICABLE TO ALL 
        SEX OFFENDERS.] (a) The provisions of this subdivision relating 
        to conditional release apply to all sex offenders sentenced to 
        prison for a violation of section 609.342, 609.343, 609.344, 
        609.345, or 609.3453.  Except as provided in this subdivision, 
        conditional release of sex offenders is governed by provisions 
        relating to supervised release.  The commissioner of corrections 
        may not dismiss an offender on conditional release from 
        supervision until the offender's conditional release term 
        expires.  
           (b) The conditions of release may include successful 
        completion of treatment and aftercare in a program approved by 
        the commissioner, satisfaction of the release conditions 
        specified in section 244.05, subdivision 6, and any other 
        conditions the commissioner considers appropriate.  Before the 
        offender is placed on conditional release, the commissioner 
        shall notify the sentencing court and the prosecutor in the 
        jurisdiction where the offender was sentenced of the terms of 
        the offender's conditional release.  The commissioner also shall 
        make reasonable efforts to notify the victim of the offender's 
        crime of the terms of the offender's conditional release.  If 
        the offender fails to meet any condition of release, the 
        commissioner may revoke the offender's conditional release and 
        order that the offender serve all or a part of the remaining 
        portion of the conditional release term in prison.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 22.  [SENTENCING GUIDELINES, MODIFICATIONS.] 
           (a) By January 15, 2006, the Sentencing Guidelines 
        Commission shall propose to the legislature modifications to the 
        sentencing guidelines, including the guidelines grid, regarding 
        sex offenders.  When proposing the modifications, the commission 
        must propose a separate sex offender grid based on the 
        sentencing changes made in this act relating to sex offenders. 
           (b) Modifications proposed by the commission under this 
        section take effect August 1, 2006, unless the legislature by 
        law provides otherwise. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 23.  [REPEALER.] 
           Minnesota Statutes 2004, sections 609.108, subdivision 2; 
        and 609.109, subdivision 7, are repealed. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 

                                   ARTICLE 3 
                SEX OFFENDERS:  PREDATORY OFFENDER REGISTRATION; 
                COMMUNITY NOTIFICATION; MISCELLANEOUS PROVISIONS 
           Section 1.  Minnesota Statutes 2004, section 13.82, is 
        amended by adding a subdivision to read: 
           Subd. 28.  [DISCLOSURE OF PREDATORY OFFENDER REGISTRANT 
        STATUS.] Law enforcement agency disclosure to health facilities 
        of the registrant status of a registered predatory offender is 
        governed by section 244.052. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 2.  Minnesota Statutes 2004, section 144A.135, is 
        amended to read: 
           144A.135 [TRANSFER AND DISCHARGE APPEALS.] 
           (a) The commissioner shall establish a mechanism for 
        hearing appeals on transfers and discharges of residents by 
        nursing homes or boarding care homes licensed by the 
        commissioner.  The commissioner may adopt permanent rules to 
        implement this section. 
           (b) Until federal regulations are adopted under sections 
        1819(f)(3) and 1919(f)(3) of the Social Security Act that govern 
        appeals of the discharges or transfers of residents from nursing 
        homes and boarding care homes certified for participation in 
        Medicare or medical assistance, the commissioner shall provide 
        hearings under sections 14.57 to 14.62 and the rules adopted by 
        the Office of Administrative Hearings governing contested 
        cases.  To appeal the discharge or transfer, or notification of 
        an intended discharge or transfer, a resident or the resident's 
        representative must request a hearing in writing no later than 
        30 days after receiving written notice, which conforms to state 
        and federal law, of the intended discharge or transfer.  
           (c) Hearings under this section shall be held no later than 
        14 days after receipt of the request for hearing, unless 
        impractical to do so or unless the parties agree otherwise.  
        Hearings shall be held in the facility in which the resident 
        resides, unless impractical to do so or unless the parties agree 
        otherwise. 
           (d) A resident who timely appeals a notice of discharge or 
        transfer, and who resides in a certified nursing home or 
        boarding care home, may not be discharged or transferred by the 
        nursing home or boarding care home until resolution of the 
        appeal.  The commissioner can order the facility to readmit the 
        resident if the discharge or transfer was in violation of state 
        or federal law.  If the resident is required to be hospitalized 
        for medical necessity before resolution of the appeal, the 
        facility shall readmit the resident unless the resident's 
        attending physician documents, in writing, why the resident's 
        specific health care needs cannot be met in the facility. 
           (e) The commissioner and Office of Administrative Hearings 
        shall conduct the hearings in compliance with the federal 
        regulations described in paragraph (b), when adopted.  
           (f) Nothing in this section limits the right of a resident 
        or the resident's representative to request or receive 
        assistance from the Office of Ombudsman for Older Minnesotans or 
        the Office of Health Facility Complaints with respect to an 
        intended discharge or transfer. 
           (g) A person required to inform a health care facility of 
        the person's status as a registered predatory offender under 
        section 243.166, subdivision 4b, who knowingly fails to do so 
        shall be deemed to have endangered the safety of individuals in 
        the facility under Code of Federal Regulations, chapter 42, 
        section 483.12.  Notwithstanding paragraph (d), any appeal of 
        the notice and discharge shall not constitute a stay of the 
        discharge. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 3.  Minnesota Statutes 2004, section 241.06, is 
        amended to read: 
           241.06 [RECORD OF INMATES; DEPARTMENT OF CORRECTIONS.] 
           Subdivision 1.  [GENERAL.] The commissioner of corrections 
        shall keep in the commissioner's office, accessible only by the 
        commissioner's consent or on the order of a judge or court of 
        record, a record showing the residence, sex, age, nativity, 
        occupation, civil condition, and date of entrance or commitment 
        of every person, inmate, or convict in the facilities under the 
        commissioner's exclusive control, the date of discharge and 
        whether such discharge was final, the condition of such person 
        when the person left the facility, and the date and cause of all 
        deaths.  The records shall state every transfer from one 
        facility to another, naming each.  This information shall be 
        furnished to the commissioner of corrections by each facility, 
        with such other obtainable facts as the commissioner may from 
        time to time require.  The chief executive officer of each such 
        facility, within ten days after the commitment or entrance 
        thereto of a person, inmate, or convict, shall cause a true copy 
        of the entrance record to be forwarded to the commissioner of 
        corrections.  When a person, inmate, or convict leaves, is 
        discharged or transferred, or dies in any facility, the chief 
        executive officer, or other person in charge shall inform the 
        commissioner of corrections within ten days thereafter on forms 
        furnished by the commissioner.  
           The commissioner of corrections may authorize the chief 
        executive officer of any facility under the commissioner's 
        control to release to probation officers, local social services 
        agencies or other specifically designated interested persons or 
        agencies any information regarding any person, inmate, or 
        convict thereat, if, in the opinion of the commissioner, it will 
        be for the benefit of the person, inmate, or convict.  
           Subd. 2.  [SEX OFFENDER INFORMATION PROVIDED TO SUPERVISING 
        CORRECTIONS AGENCY.] When an offender who is required to 
        register as a predatory offender under section 243.166 is being 
        released from prison, the commissioner shall provide to the 
        corrections agency that will supervise the offender, the 
        offender's prison records relating to psychological assessments, 
        medical and mental health issues, and treatment.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 4.  Minnesota Statutes 2004, section 241.67, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE 
        COMMISSIONER.] (a) The commissioner shall provide for a range of 
        sex offender programs, including intensive sex offender 
        programs, within the state adult correctional facility system.  
        Participation in any program is subject to the rules and 
        regulations of the Department of Corrections.  Nothing in this 
        section requires the commissioner to accept or retain an 
        offender in a program if the offender is determined by prison 
        professionals as unamenable to programming within the prison 
        system or if the offender refuses or fails to comply with the 
        program's requirements.  Nothing in this section creates a right 
        of an offender to treatment.  
           (b) The commissioner shall develop a plan to provide for 
        residential and outpatient sex offender programming and 
        aftercare when required for conditional release under section 
        609.108 or as a condition of supervised release.  The plan may 
        include co-payments from the offender, third-party payers, local 
        agencies, or other funding sources as they are identified. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 5.  Minnesota Statutes 2004, section 241.67, 
        subdivision 7, is amended to read: 
           Subd. 7.  [FUNDING PRIORITY; PROGRAM EFFECTIVENESS.] (a) 
        Unless otherwise directed by the terms of a particular 
        appropriations provision, the commissioner shall give priority 
        to the funding of juvenile sex offender programs over the 
        funding of adult sex offender programs. 
           (b) Every county or private sex offender program that seeks 
        new or continued state funding or reimbursement shall provide 
        the commissioner with any information relating to the program's 
        effectiveness that the commissioner considers necessary.  The 
        commissioner shall deny state funding or reimbursement to any 
        county or private program that fails to provide this information 
        or that appears to be an ineffective program. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 6.  Minnesota Statutes 2004, section 241.67, 
        subdivision 8, is amended to read: 
           Subd. 8.  [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION 
        PROJECT.] (a) For the purposes of this project subdivision, a 
        sex offender is an adult who has been convicted, or a juvenile 
        who has been adjudicated, for a sex offense or a sex-related 
        offense which would require registration under section 243.166. 
           (b) The commissioner shall develop a long-term project to 
        accomplish the following: 
           (1) provide collect follow-up information on each sex 
        offender for a period of three years following the offender's 
        completion of or termination from treatment for the purpose of 
        providing periodic reports to the legislature; 
           (2) provide treatment programs in several geographical 
        areas in the state; 
           (3) provide the necessary data to form the basis to 
        recommend a fiscally sound plan to provide a coordinated 
        statewide system of effective sex offender treatment 
        programming; and 
           (4) provide an opportunity to local and regional 
        governments, agencies, and programs to establish models of sex 
        offender programs that are suited to the needs of that region. 
           (c) The commissioner shall establish an advisory task force 
        consisting of county probation officers from Community 
        Corrections Act counties and other counties, court services 
        providers, and other interested officials.  The commissioner 
        shall consult with the task force concerning the establishment 
        and operation of the project on how best to implement the 
        requirements of this subdivision. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 7.  Minnesota Statutes 2004, section 242.195, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SEX OFFENDER PROGRAMS.] (a) The 
        commissioner of corrections shall develop a plan to provide for 
        a range of sex offender programs, including intensive sex 
        offender programs, for juveniles within state juvenile 
        correctional facilities and through purchase of service from 
        county and private residential and outpatient juvenile sex 
        offender programs.  The plan may include co-payments from the 
        offenders, third-party payers, local agencies, and other funding 
        sources as they are identified.  
           (b) The commissioner shall establish and operate a 
        residential sex offender program at one of the state juvenile 
        correctional facilities.  The program must be structured to 
        address both the therapeutic and disciplinary needs of juvenile 
        sex offenders.  The program must afford long-term residential 
        treatment for a range of juveniles who have committed sex 
        offenses and have failed other treatment programs or are not 
        likely to benefit from an outpatient or a community-based 
        residential treatment program. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 8.  Minnesota Statutes 2004, section 243.166, is 
        amended to read: 
           243.166 [REGISTRATION OF PREDATORY OFFENDERS.] 
           Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
        register under this section if:  
           (1) the person was charged with or petitioned for a felony 
        violation of or attempt to violate any of the following, and 
        convicted of or adjudicated delinquent for that offense or 
        another offense arising out of the same set of circumstances: 
           (i) murder under section 609.185, clause (2); or 
           (ii) kidnapping under section 609.25; or 
           (iii) criminal sexual conduct under section 609.342; 
        609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
           (iv) indecent exposure under section 617.23, subdivision 3; 
        or 
           (2) the person was charged with or petitioned for falsely 
        imprisoning a minor in violation of section 609.255, subdivision 
        2; soliciting a minor to engage in prostitution in violation of 
        section 609.322 or 609.324; soliciting a minor to engage in 
        sexual conduct in violation of section 609.352; using a minor in 
        a sexual performance in violation of section 617.246; or 
        possessing pornographic work involving a minor in violation of 
        section 617.247, and convicted of or adjudicated delinquent for 
        that offense or another offense arising out of the same set of 
        circumstances; or 
           (3) the person was convicted of a predatory crime as 
        defined in section 609.108, and the offender was sentenced as a 
        patterned sex offender or the court found on its own motion or 
        that of the prosecutor that the crime was part of a predatory 
        pattern of behavior that had criminal sexual conduct as its 
        goal; or 
           (4) the person was convicted of or adjudicated delinquent 
        for, including pursuant to a court martial, violating a law of 
        the United States, including the Uniform Code of Military 
        Justice, similar to the offenses described in clause (1), (2), 
        or (3). 
           (b) A person also shall register under this section if: 
           (1) the person was convicted of or adjudicated delinquent 
        in another state for an offense that would be a violation of a 
        law described in paragraph (a) if committed in this state; 
           (2) the person enters the state to reside, or to work or 
        attend school; and 
           (3) ten years have not elapsed since the person was 
        released from confinement or, if the person was not confined, 
        since the person was convicted of or adjudicated delinquent for 
        the offense that triggers registration, unless the person is 
        subject to lifetime registration, in which case the person must 
        register for life regardless of when the person was released 
        from confinement, convicted, or adjudicated delinquent. 
        For purposes of this paragraph: 
           (i) "school" includes any public or private educational 
        institution, including any secondary school, trade or 
        professional institution, or institution of higher education, 
        that the person is enrolled in on a full-time or part-time 
        basis; and 
           (ii) "work" includes employment that is full time or part 
        time for a period of time exceeding 14 days or for an aggregate 
        period of time exceeding 30 days during any calendar year, 
        whether financially compensated, volunteered, or for the purpose 
        of government or educational benefit. 
           (c) A person also shall register under this section if the 
        person was committed pursuant to a court commitment order under 
        section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
        a similar law of another state or the United States, regardless 
        of whether the person was convicted of any offense. 
           (d) A person also shall register under this section if: 
           (1) the person was charged with or petitioned for a felony 
        violation or attempt to violate any of the offenses listed in 
        paragraph (a), clause (1), or a similar law of another state or 
        the United States, or the person was charged with or petitioned 
        for a violation of any of the offenses listed in paragraph (a), 
        clause (2), or a similar law of another state or the United 
        States; 
           (2) the person was found not guilty by reason of mental 
        illness or mental deficiency after a trial for that offense, or 
        found guilty but mentally ill after a trial for that offense, in 
        states with a guilty but mentally ill verdict; and 
           (3) the person was committed pursuant to a court commitment 
        order under section 253B.18 or a similar law of another state or 
        the United States. 
           Subd. 1a.  [DEFINITIONS.] (a) As used in this section, 
        unless the context clearly indicates otherwise, the following 
        terms have the meanings given them. 
           (b) "Bureau" means the Bureau of Criminal Apprehension.  
           (c) "Dwelling" means the building where the person lives 
        under a formal or informal agreement to do so.  
           (d) "Incarceration" and "confinement" do not include 
        electronic home monitoring.  
           (e) "Law enforcement authority" or "authority" means, with 
        respect to a home rule charter or statutory city, the chief of 
        police, and with respect to an unincorporated area, the county 
        sheriff. 
           (f) "Motor vehicle" has the meaning given in section 
        169.01, subdivision 2. 
           (g) "Primary address" means the mailing address of the 
        person's dwelling.  If the mailing address is different from the 
        actual location of the dwelling, primary address also includes 
        the physical location of the dwelling described with as much 
        specificity as possible. 
           (h) "School" includes any public or private educational 
        institution, including any secondary school, trade, or 
        professional institution, or institution of higher education, 
        that the person is enrolled in on a full-time or part-time basis.
           (i) "Secondary address" means the mailing address of any 
        place where the person regularly or occasionally stays overnight 
        when not staying at the person's primary address.  If the 
        mailing address is different from the actual location of the 
        place, secondary address also includes the physical location of 
        the place described with as much specificity as possible. 
           (j) "Treatment facility" means a residential facility, as 
        defined in section 244.052, subdivision 1, and residential 
        chemical dependency treatment programs and halfway houses 
        licensed under chapter 245A, including, but not limited to, 
        those facilities directly or indirectly assisted by any 
        department or agency of the United States. 
           (k) "Work" includes employment that is full time or part 
        time for a period of time exceeding 14 days or for an aggregate 
        period of time exceeding 30 days during any calendar year, 
        whether financially compensated, volunteered, or for the purpose 
        of government or educational benefit. 
           Subd. 1b.  [REGISTRATION REQUIRED.] (a) A person shall 
        register under this section if: 
           (1) the person was charged with or petitioned for a felony 
        violation of or attempt to violate, or aiding, abetting, or 
        conspiracy to commit, any of the following, and convicted of or 
        adjudicated delinquent for that offense or another offense 
        arising out of the same set of circumstances: 
           (i) murder under section 609.185, clause (2); 
           (ii) kidnapping under section 609.25; 
           (iii) criminal sexual conduct under section 609.342; 
        609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453; 
        or 
           (iv) indecent exposure under section 617.23, subdivision 3; 
           (2) the person was charged with or petitioned for a 
        violation of, or attempt to violate, or aiding, abetting, or 
        conspiracy to commit false imprisonment in violation of section 
        609.255, subdivision 2; soliciting a minor to engage in 
        prostitution in violation of section 609.322 or 609.324; 
        soliciting a minor to engage in sexual conduct in violation of 
        section 609.352; using a minor in a sexual performance in 
        violation of section 617.246; or possessing pornographic work 
        involving a minor in violation of section 617.247, and convicted 
        of or adjudicated delinquent for that offense or another offense 
        arising out of the same set of circumstances; 
           (3) the person was sentenced as a patterned sex offender 
        under section 609.108; or 
           (4) the person was convicted of or adjudicated delinquent 
        for, including pursuant to a court martial, violating a law of 
        the United States, including the Uniform Code of Military 
        Justice, similar to the offenses described in clause (1), (2), 
        or (3). 
           (b) A person also shall register under this section if: 
           (1) the person was convicted of or adjudicated delinquent 
        in another state for an offense that would be a violation of a 
        law described in paragraph (a) if committed in this state; 
           (2) the person enters this state to reside, work, or attend 
        school, or enters this state and remains for 14 days or longer; 
        and 
           (3) ten years have not elapsed since the person was 
        released from confinement or, if the person was not confined, 
        since the person was convicted of or adjudicated delinquent for 
        the offense that triggers registration, unless the person is 
        subject to lifetime registration, in which case the person shall 
        register for life regardless of when the person was released 
        from confinement, convicted, or adjudicated delinquent. 
           (c) A person also shall register under this section if the 
        person was committed pursuant to a court commitment order under 
        section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
        a similar law of another state or the United States, regardless 
        of whether the person was convicted of any offense. 
           (d) A person also shall register under this section if: 
           (1) the person was charged with or petitioned for a felony 
        violation or attempt to violate any of the offenses listed in 
        paragraph (a), clause (1), or a similar law of another state or 
        the United States, or the person was charged with or petitioned 
        for a violation of any of the offenses listed in paragraph (a), 
        clause (2), or a similar law of another state or the United 
        States; 
           (2) the person was found not guilty by reason of mental 
        illness or mental deficiency after a trial for that offense, or 
        found guilty but mentally ill after a trial for that offense, in 
        states with a guilty but mentally ill verdict; and 
           (3) the person was committed pursuant to a court commitment 
        order under section 253B.18 or a similar law of another state or 
        the United States. 
           Subd. 2.  [NOTICE.] When a person who is required to 
        register under subdivision 1 1b, paragraph (a), is sentenced or 
        becomes subject to a juvenile court disposition order, the court 
        shall tell the person of the duty to register under this section 
        and that, if the person fails to comply with the registration 
        requirements, information about the offender may be made 
        available to the public through electronic, computerized, or 
        other accessible means.  The court may not modify the person's 
        duty to register in the pronounced sentence or disposition 
        order.  The court shall require the person to read and sign a 
        form stating that the duty of the person to register under this 
        section has been explained.  The court shall forward the signed 
        sex offender registration form, the complaint, and sentencing 
        documents to the bureau of Criminal Apprehension.  If a person 
        required to register under subdivision 1 1b, paragraph (a), was 
        not notified by the court of the registration requirement at the 
        time of sentencing or disposition, the assigned corrections 
        agent shall notify the person of the requirements of this 
        section.  When a person who is required to register under 
        subdivision 1 1b, paragraph (c) or (d), is released from 
        commitment, the treatment facility shall notify the person of 
        the requirements of this section.  The treatment facility shall 
        also obtain the registration information required under this 
        section and forward it to the bureau of Criminal Apprehension. 
           Subd. 3.  [REGISTRATION PROCEDURE.] (a) Except as provided 
        in subdivision 3a, 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 authority that has jurisdiction in the area 
        of the person's residence primary address. 
           (b) Except as provided in subdivision 3a, 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 primary address 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 after the person 
        begins living in the new state and the bureau has confirmed the 
        address in the other state through the annual verification 
        process on at least one occasion. 
           (c) A person required to register under subdivision 1 1b, 
        paragraph (b), because the person is working or attending school 
        in Minnesota shall register with the law enforcement 
        agency authority 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 shall 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 primary address shall notify the person of 
        this requirement.  
           Subd. 3a.  [REGISTRATION PROCEDURE WHEN PERSON LACKS 
        PRIMARY ADDRESS.] (a) If a person leaves a primary address and 
        does not have a new primary address, the person shall register 
        with the law enforcement authority that has jurisdiction in the 
        area where the person is staying within 24 hours of the time the 
        person no longer has a primary address. 
           (b) A person who lacks a primary address shall register 
        with the law enforcement authority that has jurisdiction in the 
        area where the person is staying within 24 hours after entering 
        the jurisdiction.  Each time a person who lacks a primary 
        address moves to a new jurisdiction without acquiring a new 
        primary address, the person shall register with the law 
        enforcement authority that has jurisdiction in the area where 
        the person is staying within 24 hours after entering the 
        jurisdiction. 
           (c) Upon registering under this subdivision, the person 
        shall provide the law enforcement authority with all of the 
        information the individual is required to provide under 
        subdivision 4a.  However, instead of reporting the person's 
        primary address, the person shall describe the location of where 
        the person is staying with as much specificity as possible. 
           (d) Except as otherwise provided in paragraph (e), if a 
        person continues to lack a primary address, the person shall 
        report in person on a weekly basis to the law enforcement 
        authority with jurisdiction in the area where the person is 
        staying.  This weekly report shall occur between the hours of 
        9:00 a.m. and 5:00 p.m.  The person is not required to provide 
        the registration information required under subdivision 4a each 
        time the offender reports to an authority, but the person shall 
        inform the authority of changes to any information provided 
        under this subdivision or subdivision 4a and shall otherwise 
        comply with this subdivision. 
           (e) If the law enforcement authority determines that it is 
        impractical, due to the person's unique circumstances, to 
        require a person lacking a primary address to report weekly and 
        in person as required under paragraph (d), the authority may 
        authorize the person to follow an alternative reporting 
        procedure.  The authority shall consult with the person's 
        corrections agent, if the person has one, in establishing the 
        specific criteria of this alternative procedure, subject to the 
        following requirements:  
           (1) the authority shall document, in the person's 
        registration record, the specific reasons why the weekly 
        in-person reporting process is impractical for the person to 
        follow; 
           (2) the authority shall explain how the alternative 
        reporting procedure furthers the public safety objectives of 
        this section; 
           (3) the authority shall require the person lacking a 
        primary address to report in person at least monthly to the 
        authority or the person's corrections agent and shall specify 
        the location where the person shall report.  If the authority 
        determines it would be more practical and would further public 
        safety for the person to report to another law enforcement 
        authority with jurisdiction where the person is staying, it may, 
        after consulting with the other law enforcement authority, 
        include this requirement in the person's alternative reporting 
        process; 
           (4) the authority shall require the person to comply with 
        the weekly, in-person reporting process required under paragraph 
        (d), if the person moves to a new area where this process would 
        be practical; 
           (5) the authority shall require the person to report any 
        changes to the registration information provided under 
        subdivision 4a and to comply with the periodic registration 
        requirements specified under paragraph (f); and 
           (6) the authority shall require the person to comply with 
        the requirements of subdivision 3, paragraphs (b) and (c), if 
        the person moves to a primary address.  
           (f) If a person continues to lack a primary address and 
        continues to report to the same law enforcement authority, the 
        person shall provide the authority with all of the information 
        the individual is required to provide under this subdivision and 
        subdivision 4a at least annually, unless the person is required 
        to register under subdivision 1b, paragraph (c), following 
        commitment pursuant to a court commitment under section 253B.185 
        or a similar law of another state or the United States.  If the 
        person is required to register under subdivision 1b, paragraph 
        (c), the person shall provide the law enforcement authority with 
        all of the information the individual is required to report 
        under this subdivision and subdivision 4a at least once every 
        three months. 
           (g) A law enforcement authority receiving information under 
        this subdivision shall forward registration information and 
        changes to that information to the bureau within two business 
        days of receipt of the information. 
           (h) For purposes of this subdivision, a person who fails to 
        report a primary address will be deemed to be a person who lacks 
        a primary address, and the person shall comply with the 
        requirements for a person who lacks a primary address. 
           Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
        provided to the corrections agent or law enforcement authority, 
        must consist of a statement in writing signed by the person, 
        giving information required by the bureau of Criminal 
        Apprehension, a fingerprint card, and photograph of the person 
        taken at the time of the person's release from incarceration or, 
        if the person was not incarcerated, at the time the person 
        initially registered under this section.  The registration 
        information also must include a written consent form signed by 
        the person allowing a treatment facility or residential housing 
        unit or shelter to release information to a law enforcement 
        officer about the person's admission to, or residence in, a 
        treatment facility or residential housing unit or shelter.  
        Registration information on adults and juveniles may be 
        maintained together notwithstanding section 260B.171, 
        subdivision 3.  
           (b) For persons required to register under subdivision 1 
        1b, paragraph (c), following commitment pursuant to a court 
        commitment under section 253B.185 or a similar law of another 
        state or the United States, in addition to other information 
        required by this section, the registration provided to the 
        corrections agent or law enforcement authority must include the 
        person's offense history and documentation of treatment received 
        during the person's commitment.  This documentation shall be is 
        limited to a statement of how far the person progressed in 
        treatment during commitment. 
           (c) Within three days of receipt, the corrections agent or 
        law enforcement authority shall forward the registration 
        information to the bureau of Criminal Apprehension.  The bureau 
        shall ascertain whether the person has registered with the law 
        enforcement authority where the person resides in the area of 
        the person's primary address, if any, or if the person lacks a 
        primary address, where the person is staying, as required by 
        subdivision 3a.  If the person has not registered with the law 
        enforcement authority, the bureau shall send one copy to that 
        authority.  
           (d) The corrections agent or law enforcement authority may 
        require that a person required to register under this section 
        appear before the agent or authority to be photographed.  The 
        agent or authority shall forward the photograph to the bureau of 
        Criminal Apprehension. 
           The agent or authority shall require a person required to 
        register under this section who is classified as a level III 
        offender under section 244.052 to appear before the agent or 
        authority at least every six months to be photographed. 
           (e) During the period a person is required to register 
        under this section, the following shall provisions apply: 
           (1) Except for persons registering under subdivision 3a, 
        the bureau of Criminal Apprehension shall mail a verification 
        form to the last reported address of the person's residence last 
        reported primary address.  This verification form shall must 
        provide notice to the offender that, if the offender does not 
        return the verification form as required, information about the 
        offender may be made available to the public through electronic, 
        computerized, or other accessible means.  For persons who are 
        registered under subdivision 3a, the bureau shall mail an annual 
        verification form to the law enforcement authority where the 
        offender most recently reported.  The authority shall provide 
        the verification form to the person at the next weekly meeting 
        and ensure that the person completes and signs the form and 
        returns it to the bureau.  
           (2) The person shall mail the signed verification form back 
        to the bureau of Criminal Apprehension within ten days after 
        receipt of the form, stating on the form the current and last 
        address of the person's residence and the other information 
        required under subdivision 4a. 
           (3) In addition to the requirements listed in this section, 
        a person who is assigned to risk level II or III under section 
        244.052, and who is no longer under correctional supervision for 
        a registration offense, or a failure to register offense, but 
        who resides, works, or attends school in Minnesota, shall have 
        an annual in-person contact with a law enforcement authority as 
        provided in this section.  If the person resides in Minnesota, 
        the annual in-person contact shall be with the law enforcement 
        authority that has jurisdiction over the person's primary 
        address or, if the person has no address, the location where the 
        person is staying.  If the person does not reside in Minnesota 
        but works or attends school in this state, the person shall have 
        an annual in-person contact with the law enforcement authority 
        or authorities with jurisdiction over the person's school or 
        workplace.  During the month of the person's birth date, the 
        person shall report to the authority to verify the accuracy of 
        the registration information and to be photographed.  Within 
        three days of this contact, the authority shall enter 
        information as required by the bureau into the predatory 
        offender registration database and submit an updated photograph 
        of the person to the bureau's predatory offender registration 
        unit. 
           (4) If the person fails to mail the completed and signed 
        verification form to the bureau of Criminal Apprehension within 
        ten days after receipt of the form, or if the person fails to 
        report to the law enforcement authority during the month of the 
        person's birth date, the person shall be is in violation of this 
        section. 
           (5) For any person who fails to mail the completed and 
        signed verification form to the bureau within ten days after 
        receipt of the form and who has been determined to be a risk 
        level III offender under section 244.052, the bureau shall 
        immediately investigate and notify local law enforcement 
        authorities to investigate the person's location and to ensure 
        compliance with this section.  The bureau also shall immediately 
        give notice of the person's violation of this section to the law 
        enforcement authority having jurisdiction over the person's last 
        registered address or addresses.  
        For persons required to register under subdivision 1 1b, 
        paragraph (c), following commitment pursuant to a court 
        commitment under section 253B.185 or a similar law of another 
        state or the United States, the bureau shall comply with clause 
        (1) at least four times each year.  For persons who, under 
        section 244.052, are assigned to risk level III and who are no 
        longer under correctional supervision for a registration offense 
        or a failure to register offense, the bureau shall comply with 
        clause (1) at least two times each year.  For all other persons 
        required to register under this section, the bureau shall comply 
        with clause (1) each year within 30 days of the anniversary date 
        of the person's initial registration. 
           (f) When sending out a verification form, the bureau of 
        Criminal Apprehension must shall determine whether the person to 
        whom the verification form is being sent has signed a written 
        consent form as provided for in paragraph (a).  If the person 
        has not signed such a consent form, the bureau of Criminal 
        Apprehension must shall send a written consent form to the 
        person along with the verification form.  A person who receives 
        this written consent form must shall sign and return it to the 
        bureau of Criminal Apprehension at the same time as the 
        verification form. 
           (g) For the purposes of this subdivision, "treatment 
        facility" means a residential facility, as defined in section 
        244.052, subdivision 1, and residential chemical dependency 
        treatment programs and halfway houses licensed under chapter 
        245A, including, but not limited to, those facilities directly 
        or indirectly assisted by any department or agency of the United 
        States. 
           Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) As 
        used in this section: 
           (1) "motor vehicle" has the meaning given "vehicle" in 
        section 169.01, subdivision 2; 
           (2) "primary residence" means any place where the person 
        resides longer than 14 days or that is deemed a primary 
        residence by a person's corrections agent, if one is assigned to 
        the person; and 
           (3) "secondary residence" means any place where the person 
        regularly stays overnight when not staying at the person's 
        primary residence, and includes, but is not limited to: 
           (i) the person's parent's home if the person is a student 
        and stays at the home at times when the person is not staying at 
        school, including during the summer; and 
           (ii) the home of someone with whom the person has a minor 
        child in common where the child's custody is shared.  
           (b) 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 address; 
           (2) the addresses of all of the person's secondary 
        residences addresses 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 schools where the 
        person resides while attending school is enrolled; and 
           (6) the year, model, make, license plate number, and color 
        of all motor vehicles owned or regularly driven by the person.  
           (c) (b) The person shall report to the agent or authority 
        the information required to be provided under paragraph (b) (a), 
        clauses (2) to (6), within five days of the date the clause 
        becomes applicable.  If because of a change in circumstances any 
        information reported under paragraph (b) (a), clauses (1) to 
        (6), no longer applies, the person shall immediately inform the 
        agent or authority that the information is no longer valid.  If 
        the person leaves a primary address and does not have a new 
        primary address, the person shall register as provided in 
        subdivision 3a. 
           Subd. 4b.  [HEALTH CARE FACILITY; NOTICE OF STATUS.] (a) As 
        used in paragraphs (b) and (c), "health care facility" means a 
        hospital or other entity licensed under sections 144.50 to 
        144.58, a nursing home licensed to serve adults under section 
        144A.02, or a group residential housing facility or an 
        intermediate care facility for the mentally retarded licensed 
        under chapter 245A.  As used in paragraph (d), "health care 
        facility" means a nursing home licensed to serve adults under 
        section 144A.02, or a group residential housing facility or an 
        intermediate care facility for the mentally retarded licensed 
        under chapter 245A. 
           (b) Upon admittance to a health care facility, a person 
        required to register under this section shall disclose to: 
           (1) the health care facility employee processing the 
        admission the person's status as a registered predatory offender 
        under this section; and 
           (2) the person's corrections agent, or if the person does 
        not have an assigned corrections agent, the law enforcement 
        authority with whom the person is currently required to 
        register, that inpatient admission has occurred. 
           (c) A law enforcement authority or corrections agent who 
        receives notice under paragraph (b) or who knows that a person 
        required to register under this section has been admitted and is 
        receiving health care at a health care facility shall notify the 
        administrator of the facility. 
           (d) A health care facility that receives notice under this 
        subdivision that a predatory offender has been admitted to the 
        facility shall notify other patients at the facility of this 
        fact.  If the facility determines that notice to a patient is 
        not appropriate given the patient's medical, emotional, or 
        mental status, the facility shall notify the patient's next of 
        kin or emergency contact. 
           Subd. 5.  [CRIMINAL PENALTY.] (a) A person required to 
        register under this section who knowingly violates any of its 
        provisions or intentionally provides false information to a 
        corrections agent, law enforcement authority, or the bureau of 
        Criminal Apprehension is guilty of a felony and may be sentenced 
        to imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both. 
           (b) Except as provided in paragraph (c), a person convicted 
        of violating paragraph (a) shall be committed to the custody of 
        the commissioner of corrections for not less than a year and a 
        day, nor more than five years. 
           (c) A person convicted of violating paragraph (a), who has 
        previously been convicted of or adjudicated delinquent for 
        violating this section or a similar statute of another state or 
        the United States, shall be committed to the custody of the 
        commissioner of corrections for not less than two years, nor 
        more than five years. 
           (d) Prior to the time of sentencing, the prosecutor may 
        file a motion to have the person sentenced without regard to the 
        mandatory minimum sentence established by this subdivision.  The 
        motion shall must be accompanied by a statement on the record of 
        the reasons for it.  When presented with the motion, or on its 
        own motion, the court may sentence the person without regard to 
        the mandatory minimum sentence if the court finds substantial 
        and compelling reasons to do so.  Sentencing a person in the 
        manner described in this paragraph is a departure from the 
        Sentencing Guidelines. 
           (e) A person convicted and sentenced as required by this 
        subdivision is not eligible for probation, parole, discharge, 
        work release, conditional release, or supervised release, until 
        that person has served the full term of imprisonment as provided 
        by law, notwithstanding the provisions of sections 241.26, 
        242.19, 243.05, 244.04, 609.12, and 609.135. 
           Subd. 5a.  [TEN-YEAR CONDITIONAL RELEASE FOR VIOLATIONS 
        COMMITTED BY LEVEL III OFFENDERS.] Notwithstanding the statutory 
        maximum sentence otherwise applicable to the offense or any 
        provision of the sentencing guidelines, when a court commits a 
        person to the custody of the commissioner of corrections for 
        violating subdivision 5 and, at the time of the violation, the 
        person was assigned to risk level III under section 244.052, the 
        court shall provide that after the person has completed the 
        sentence imposed, the commissioner shall place the person on 
        conditional release for ten years.  The terms of conditional 
        release are governed by section 609.3455, subdivision 8. 
           Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
        provisions of section 609.165, subdivision 1, and except as 
        provided in paragraphs (b), (c), and (d), a person required to 
        register under this section shall continue to comply with this 
        section until ten years have elapsed since the person initially 
        registered in connection with the offense, or until the 
        probation, supervised release, or conditional release period 
        expires, whichever occurs later.  For a person required to 
        register under this section who is committed under section 
        253B.18 or 253B.185, the ten-year registration period does not 
        include the period of commitment. 
           (b) If a person required to register under this section 
        fails to register following a change in residence provide the 
        person's primary address as required by subdivision 3, paragraph 
        (b), fails to comply with the requirements of subdivision 3a, 
        fails to provide information as required by subdivision 4a, or 
        fails to return the verification form referenced in subdivision 
        4 within ten days, the commissioner of public safety may require 
        the person to continue to register for an additional period of 
        five years.  This five-year period is added to the end of the 
        offender's registration period.  
           (c) If a person required to register under this section is 
        subsequently incarcerated following a conviction for a new 
        offense or following a revocation of probation, supervised 
        release, or conditional release for that any offense, or a 
        conviction for any new offense, the person shall continue to 
        register until ten years have elapsed since the person was last 
        released from incarceration or until the person's probation, 
        supervised release, or conditional release period expires, 
        whichever occurs later. 
           (d) A person shall continue to comply with this section for 
        the life of that person:  
           (1) if the person is convicted of or adjudicated delinquent 
        for any offense for which registration is required under 
        subdivision 1 1b, or any offense from another state or any 
        federal offense similar to the offenses described in subdivision 
        1 1b, and the person has a prior conviction or adjudication for 
        an offense for which registration was or would have been 
        required under subdivision 1 1b, or an offense from another 
        state or a federal offense similar to an offense described in 
        subdivision 1 1b; 
           (2) if the person is required to register based upon a 
        conviction or delinquency adjudication for an offense under 
        section 609.185, clause (2), or a similar statute from another 
        state or the United States; 
           (3) if the person is required to register based upon a 
        conviction for an offense under section 609.342, subdivision 1, 
        paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
        1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 
        subdivision 1, paragraph (a), (c), or (g); or 609.345, 
        subdivision 1, paragraph (a), (c), or (g); or a statute from 
        another state or the United States similar to the offenses 
        described in this clause; or 
           (4) if the person is required to register under subdivision 
        1 1b, paragraph (c), following commitment pursuant to a court 
        commitment under section 253B.185 or a similar law of another 
        state or the United States. 
           Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
        provided in subdivision 7a or sections 244.052 and 299C.093, the 
        information provided under this section is private data on 
        individuals under section 13.02, subdivision 12.  The 
        information may be used only for law enforcement purposes.  
           Subd. 7a.  [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 
        ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of 
        Criminal Apprehension may make information available to the 
        public about offenders who are 16 years of age or older and who 
        are out of compliance with this section for 30 days or longer 
        for failure to provide the address of the offenders' primary or 
        secondary residences addresses.  This information may be made 
        available to the public through electronic, computerized, or 
        other accessible means.  The amount and type of information made 
        available shall be is limited to the information necessary for 
        the public to assist law enforcement in locating the offender. 
           (b) An offender who comes into compliance with this section 
        after the bureau of Criminal Apprehension discloses information 
        about the offender to the public may send a written request to 
        the bureau requesting the bureau to treat information about the 
        offender as private data, consistent with subdivision 7.  The 
        bureau shall review the request and promptly take reasonable 
        action to treat the data as private, if the offender has 
        complied with the requirement that the offender provide the 
        addresses of the offender's primary and secondary residences 
        addresses, or promptly notify the offender that the information 
        will continue to be treated as public information and the 
        reasons for the bureau's decision. 
           (c) If an offender believes the information made public 
        about the offender is inaccurate or incomplete, the offender may 
        challenge the data under section 13.04, subdivision 4. 
           (d) The bureau of Criminal Apprehension is immune from any 
        civil or criminal liability that might otherwise arise, based on 
        the accuracy or completeness of any information made public 
        under this subdivision, if the bureau acts in good faith. 
           Subd. 8.  [LAW ENFORCEMENT AUTHORITY.] For purposes of this 
        section, a law enforcement authority means, with respect to a 
        home rule charter or statutory city, the chief of police, and 
        with respect to an unincorporated area, the sheriff of the 
        county. 
           Subd. 9.  [OFFENDERS FROM OTHER STATES.] (a) When the state 
        accepts an offender from another state under a reciprocal 
        agreement under the interstate compact authorized by section 
        243.16, the interstate compact authorized by section 243.1605, 
        or under any authorized interstate agreement, the acceptance is 
        conditional on the offender agreeing to register under this 
        section when the offender is living in Minnesota. 
           (b) The Bureau of Criminal Apprehension shall notify the 
        commissioner of corrections: 
           (1) when the bureau receives notice from a local law 
        enforcement authority that a person from another state who is 
        subject to this section has registered with the authority, 
        unless the bureau previously received information about the 
        offender from the commissioner of corrections; 
           (2) when a registration authority, corrections agent, or 
        law enforcement agency in another state notifies the bureau that 
        a person from another state who is subject to this section is 
        moving to Minnesota; and 
           (3) when the bureau learns that a person from another state 
        is in Minnesota and allegedly in violation of subdivision 5 for 
        failure to register. 
           (c) When a local law enforcement agency notifies the bureau 
        of an out-of-state offender's registration, the agency shall 
        provide the bureau with information on whether the person is 
        subject to community notification in another state and the risk 
        level the person was assigned, if any.  
           (d) The bureau must forward all information it receives 
        regarding offenders covered under this subdivision from sources 
        other than the commissioner of corrections to the commissioner. 
           (e) When the bureau receives information directly from a 
        registration authority, corrections agent, or law enforcement 
        agency in another state that a person who may be subject to this 
        section is moving to Minnesota, the bureau must ask whether the 
        person entering the state is subject to community notification 
        in another state and the risk level the person has been 
        assigned, if any.  
           (f) When the bureau learns that a person subject to this 
        section intends to move into Minnesota from another state or has 
        moved into Minnesota from another state, the bureau shall notify 
        the law enforcement authority with jurisdiction in the area of 
        the person's primary address and provide all information 
        concerning the person that is available to the bureau. 
           (g) The commissioner of corrections must determine the 
        parole, supervised release, or conditional release status of 
        persons who are referred to the commissioner under this 
        subdivision.  If the commissioner determines that a person is 
        subject to parole, supervised release, or conditional release in 
        another state and is not registered in Minnesota under the 
        applicable interstate compact, the commissioner shall inform the 
        local law enforcement agency that the person is in violation of 
        section 243.161.  If the person is not subject to supervised 
        release, the commissioner shall notify the bureau and the local 
        law enforcement agency of the person's status. 
           Subd. 10.  [VENUE; AGGREGATION.] (a) A violation of this 
        section may be prosecuted in any jurisdiction where an offense 
        takes place.  However, the prosecutorial agency in the 
        jurisdiction where the person last registered a primary address 
        is initially responsible to review the case for prosecution.  
           (b) When a person commits two or more offenses in two or 
        more counties, the accused may be prosecuted for all of the 
        offenses in any county in which one of the offenses was 
        committed. 
           Subd. 11.  [CERTIFIED COPIES AS EVIDENCE.] Certified copies 
        of predatory offender registration records are admissible as 
        substantive evidence when necessary to prove the commission of a 
        violation of this section.  
           [EFFECTIVE DATE.] Except as otherwise provided, the 
        provisions of this section are effective the day following final 
        enactment and apply to persons subject to predatory offender 
        registration on or after that date.  Subdivision 4, paragraph 
        (e), clause (3), is effective December 1, 2005.  Subdivision 4b 
        is effective August 1, 2005, and applies to persons subject to 
        predatory offender registration on or after that date.  
        Subdivision 5a is effective August 1, 2005, and applies to 
        crimes committed on or after that date.  Subdivision 6, 
        paragraph (c), is effective August 1, 2005, and applies to any 
        offense, revocation of probation, supervised release, or 
        conditional release that occurs on or after that date.  
        Subdivision 9 is effective July 1, 2005. 
           Sec. 9.  Minnesota Statutes 2004, section 243.167, is 
        amended to read: 
           243.167 [REGISTRATION UNDER THE PREDATORY OFFENDER 
        REGISTRATION LAW FOR OTHER OFFENSES.] 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "crime against the person" means a violation of any of the 
        following or a similar law of another state or of the United 
        States:  section 609.165; 609.185; 609.19; 609.195; 609.20; 
        609.205; 609.221; 609.222; 609.223; 609.2231; 609.224, 
        subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235; 
        609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 
        2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23, 
        subdivision 2; or any felony-level violation of section 609.229; 
        609.377; 609.749; or 624.713. 
           Subd. 2.  [WHEN REQUIRED.] (a) In addition to the 
        requirements of section 243.166, a person also shall register 
        under section 243.166 if: 
           (1) the person is convicted of a crime against the person; 
        and 
           (2) the person was previously convicted of or adjudicated 
        delinquent for an offense listed in section 243.166, subdivision 
        1, paragraph (a), but was not required to register for the 
        offense because the registration requirements of that section 
        did not apply to the person at the time the offense was 
        committed or at the time the person was released from 
        imprisonment. 
           (b) A person who was previously required to register under 
        section 243.166 in any state and who has completed the 
        registration requirements of that section state shall again 
        register under section 243.166 if the person commits a crime 
        against the person. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 10.  Minnesota Statutes 2004, section 244.05, 
        subdivision 6, is amended to read: 
           Subd. 6.  [INTENSIVE SUPERVISED RELEASE.] The commissioner 
        may order that an inmate be placed on intensive supervised 
        release for all or part of the inmate's supervised release or 
        parole term if the commissioner determines that the action will 
        further the goals described in section 244.14, subdivision 1, 
        clauses (2), (3), and (4).  In addition, the commissioner may 
        order that an inmate be placed on intensive supervised release 
        for all of the inmate's conditional or supervised release term 
        if the inmate was convicted of a sex offense under sections 
        section 609.342 to, 609.343, 609.344, 609.345, or 609.3453 or 
        was sentenced under the provisions of section 609.108.  The 
        commissioner shall order that all level III predatory offenders 
        be placed on intensive supervised release for the entire 
        supervised release, conditional release, or parole term.  The 
        commissioner may impose appropriate conditions of release on the 
        inmate including but not limited to unannounced searches of the 
        inmate's person, vehicle, or premises by an intensive 
        supervision agent; compliance with court-ordered restitution, if 
        any; random drug testing; house arrest; daily curfews; frequent 
        face-to-face contacts with an assigned intensive supervision 
        agent; work, education, or treatment requirements; and 
        electronic surveillance.  In addition, any sex offender placed 
        on intensive supervised release may be ordered to participate in 
        an appropriate sex offender program as a condition of release.  
        If the inmate violates the conditions of the intensive 
        supervised release, the commissioner shall impose sanctions as 
        provided in subdivision 3 and section 609.108 609.3455.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 11.  Minnesota Statutes 2004, section 244.05, 
        subdivision 7, is amended to read: 
           Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
        (a) Before the commissioner releases from prison any inmate 
        convicted under sections section 609.342 to, 609.343, 609.344, 
        609.345, or 609.3453, or sentenced as a patterned offender under 
        section 609.108, and determined by the commissioner to be in a 
        high risk category, the commissioner shall make a preliminary 
        determination whether, in the commissioner's opinion, a petition 
        under section 253B.185 may be appropriate.  The commissioner's 
        opinion must be based on a recommendation of a Department of 
        Corrections screening committee and a legal review and 
        recommendation from independent counsel knowledgeable in the 
        legal requirements of the civil commitment process.  The 
        commissioner may retain a retired judge or other attorney to 
        serve as independent counsel. 
           (b) In making this decision, the commissioner shall have 
        access to the following data only for the purposes of the 
        assessment and referral decision: 
           (1) private medical data under section 13.384 or 144.335, 
        or welfare data under section 13.46 that relate to medical 
        treatment of the offender; 
           (2) private and confidential court services data under 
        section 13.84; 
           (3) private and confidential corrections data under section 
        13.85; and 
           (4) private criminal history data under section 13.87. 
           (c) If the commissioner determines that a petition may be 
        appropriate, the commissioner shall forward this determination, 
        along with a summary of the reasons for the determination, to 
        the county attorney in the county where the inmate was convicted 
        no later than 12 months before the inmate's release date.  If 
        the inmate is received for incarceration with fewer than 12 
        months remaining in the inmate's term of imprisonment, or if the 
        commissioner receives additional information less than 12 months 
        before release which that makes the inmate's case appropriate 
        for referral, the commissioner shall forward the determination 
        as soon as is practicable.  Upon receiving the commissioner's 
        preliminary determination, the county attorney shall proceed in 
        the manner provided in section 253B.185.  The commissioner shall 
        release to the county attorney all requested documentation 
        maintained by the department. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 12.  Minnesota Statutes 2004, section 244.052, 
        subdivision 3, is amended to read: 
           Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
        commissioner of corrections shall establish and administer 
        end-of-confinement review committees at each state correctional 
        facility and at each state treatment facility where predatory 
        offenders are confined.  The committees shall assess on a 
        case-by-case basis the public risk posed by predatory offenders 
        who are about to be released from confinement. 
           (b) Each committee shall be a standing committee and shall 
        consist of the following members appointed by the commissioner: 
           (1) the chief executive officer or head of the correctional 
        or treatment facility where the offender is currently confined, 
        or that person's designee; 
           (2) a law enforcement officer; 
           (3) a treatment professional who is trained in the 
        assessment of sex offenders; 
           (4) a caseworker experienced in supervising sex offenders; 
        and 
           (5) a victim's services professional. 
           Members of the committee, other than the facility's chief 
        executive officer or head, shall be appointed by the 
        commissioner to two-year terms.  The chief executive officer or 
        head of the facility or designee shall act as chair of the 
        committee and shall use the facility's staff, as needed, to 
        administer the committee, obtain necessary information from 
        outside sources, and prepare risk assessment reports on 
        offenders. 
           (c) The committee shall have access to the following data 
        on a predatory offender only for the purposes of its assessment 
        and to defend the committee's risk assessment determination upon 
        administrative review under this section: 
           (1) private medical data under section 13.384 or 144.335, 
        or welfare data under section 13.46 that relate to medical 
        treatment of the offender; 
           (2) private and confidential court services data under 
        section 13.84; 
           (3) private and confidential corrections data under section 
        13.85; and 
           (4) private criminal history data under section 13.87. 
           Data collected and maintained by the committee under this 
        paragraph may not be disclosed outside the committee, except as 
        provided under section 13.05, subdivision 3 or 4.  The predatory 
        offender has access to data on the offender collected and 
        maintained by the committee, unless the data are confidential 
        data received under this paragraph. 
           (d)(i) Except as otherwise provided in item items (ii), 
        (iii), and (iv), at least 90 days before a predatory offender is 
        to be released from confinement, the commissioner of corrections 
        shall convene the appropriate end-of-confinement review 
        committee for the purpose of assessing the risk presented by the 
        offender and determining the risk level to which the offender 
        shall be assigned under paragraph (e).  The offender and the law 
        enforcement agency that was responsible for the charge resulting 
        in confinement shall be notified of the time and place of the 
        committee's meeting.  The offender has a right to be present and 
        be heard at the meeting.  The law enforcement agency may provide 
        material in writing that is relevant to the offender's risk 
        level to the chair of the committee.  The committee shall use 
        the risk factors described in paragraph (g) and the risk 
        assessment scale developed under subdivision 2 to determine the 
        offender's risk assessment score and risk level.  Offenders 
        scheduled for release from confinement shall be assessed by the 
        committee established at the facility from which the offender is 
        to be released.  
           (ii) If an offender is received for confinement in a 
        facility with less than 90 days remaining in the offender's term 
        of confinement, the offender's risk shall be assessed at the 
        first regularly scheduled end of confinement review committee 
        that convenes after the appropriate documentation for the risk 
        assessment is assembled by the committee.  The commissioner 
        shall make reasonable efforts to ensure that offender's risk is 
        assessed and a risk level is assigned or reassigned at least 30 
        days before the offender's release date. 
           (iii) If the offender is subject to a mandatory life 
        sentence under section 609.3455, subdivision 3 or 4, the 
        commissioner of corrections shall convene the appropriate 
        end-of-confinement review committee at least nine months before 
        the offender's minimum term of imprisonment has been served.  If 
        the offender is received for confinement in a facility with less 
        than nine months remaining before the offender's minimum term of 
        imprisonment has been served, the committee shall conform its 
        procedures to those outlined in item (ii) to the extent 
        practicable.  
           (iv) If the offender is granted supervised release, the 
        commissioner of corrections shall notify the appropriate 
        end-of-confinement review committee that it needs to review the 
        offender's previously determined risk level at its next 
        regularly scheduled meeting.  The commissioner shall make 
        reasonable efforts to ensure that the offender's earlier risk 
        level determination is reviewed and the risk level is confirmed 
        or reassigned at least 60 days before the offender's release 
        date.  The committee shall give the report to the offender and 
        to the law enforcement agency at least 60 days before an 
        offender is released from confinement. 
           (e) The committee shall assign to risk level I a predatory 
        offender whose risk assessment score indicates a low risk of 
        reoffense.  The committee shall assign to risk level II an 
        offender whose risk assessment score indicates a moderate risk 
        of reoffense.  The committee shall assign to risk level III an 
        offender whose risk assessment score indicates a high risk of 
        reoffense. 
           (f) Before the predatory offender is released from 
        confinement, the committee shall prepare a risk assessment 
        report which specifies the risk level to which the offender has 
        been assigned and the reasons underlying the committee's risk 
        assessment decision.  Except for an offender subject to a 
        mandatory life sentence under section 609.3455, subdivision 3 or 
        4, who has not been granted supervised release, the committee 
        shall give the report to the offender and to the law enforcement 
        agency at least 60 days before an offender is released from 
        confinement.  If the offender is subject to a mandatory life 
        sentence and has not yet served the entire minimum term of 
        imprisonment, the committee shall give the report to the 
        offender and to the commissioner at least six months before the 
        offender is first eligible for release.  If the risk assessment 
        is performed under the circumstances described in paragraph (d), 
        item (ii), the report shall be given to the offender and the law 
        enforcement agency as soon as it is available.  The committee 
        also shall inform the offender of the availability of review 
        under subdivision 6. 
           (g) As used in this subdivision, "risk factors" includes, 
        but is not limited to, the following factors: 
           (1) the seriousness of the offense should the offender 
        reoffend.  This factor includes consideration of the following:  
           (i) the degree of likely force or harm; 
           (ii) the degree of likely physical contact; and 
           (iii) the age of the likely victim; 
           (2) the offender's prior offense history.  This factor 
        includes consideration of the following: 
           (i) the relationship of prior victims to the offender; 
           (ii) the number of prior offenses or victims; 
           (iii) the duration of the offender's prior offense history; 
           (iv) the length of time since the offender's last prior 
        offense while the offender was at risk to commit offenses; and 
           (v) the offender's prior history of other antisocial acts; 
           (3) the offender's characteristics.  This factor includes 
        consideration of the following:  
           (i) the offender's response to prior treatment efforts; and 
           (ii) the offender's history of substance abuse; 
           (4) the availability of community supports to the offender. 
        This factor includes consideration of the following: 
           (i) the availability and likelihood that the offender will 
        be involved in therapeutic treatment; 
           (ii) the availability of residential supports to the 
        offender, such as a stable and supervised living arrangement in 
        an appropriate location; 
           (iii) the offender's familial and social relationships, 
        including the nature and length of these relationships and the 
        level of support that the offender may receive from these 
        persons; and 
           (iv) the offender's lack of education or employment 
        stability; 
           (5) whether the offender has indicated or credible evidence 
        in the record indicates that the offender will reoffend if 
        released into the community; and 
           (6) whether the offender demonstrates a physical condition 
        that minimizes the risk of reoffense, including but not limited 
        to, advanced age or a debilitating illness or physical condition.
           (h) Upon the request of the law enforcement agency or the 
        offender's corrections agent, the commissioner may reconvene the 
        end-of-confinement review committee for the purpose of 
        reassessing the risk level to which an offender has been 
        assigned under paragraph (e).  In a request for a reassessment, 
        the law enforcement agency which was responsible for the charge 
        resulting in confinement or agent shall list the facts and 
        circumstances arising after the initial assignment or facts and 
        circumstances known to law enforcement or the agent but not 
        considered by the committee under paragraph (e) which support 
        the request for a reassessment.  The request for reassessment by 
        the law enforcement agency must occur within 30 days of receipt 
        of the report indicating the offender's risk level assignment.  
        The offender's corrections agent, in consultation with the chief 
        law enforcement officer in the area where the offender resides 
        or intends to reside, may request a review of a risk level at 
        any time if substantial evidence exists that the offender's risk 
        level should be reviewed by an end-of-confinement review 
        committee.  This evidence includes, but is not limited to, 
        evidence of treatment failures or completions, evidence of 
        exceptional crime-free community adjustment or lack of 
        appropriate adjustment, evidence of substantial community need 
        to know more about the offender or mitigating circumstances that 
        would narrow the proposed scope of notification, or other 
        practical situations articulated and based in evidence of the 
        offender's behavior while under supervision.  Upon review of the 
        request, the end-of-confinement review committee may reassign an 
        offender to a different risk level.  If the offender is 
        reassigned to a higher risk level, the offender has the right to 
        seek review of the committee's determination under subdivision 6.
           (i) An offender may request the end-of-confinement review 
        committee to reassess the offender's assigned risk level after 
        three years have elapsed since the committee's initial risk 
        assessment and may renew the request once every two years 
        following subsequent denials.  In a request for reassessment, 
        the offender shall list the facts and circumstances which 
        demonstrate that the offender no longer poses the same degree of 
        risk to the community.  In order for a request for a risk level 
        reduction to be granted, the offender must demonstrate full 
        compliance with supervised release conditions, completion of 
        required post-release treatment programming, and full compliance 
        with all registration requirements as detailed in section 
        243.166.  The offender must also not have been convicted of any 
        felony, gross misdemeanor, or misdemeanor offenses subsequent to 
        the assignment of the original risk level.  The committee shall 
        follow the process outlined in paragraphs (a) to (c) in the 
        reassessment.  An offender who is incarcerated may not request a 
        reassessment under this paragraph. 
           (j) Offenders returned to prison as release violators shall 
        not have a right to a subsequent risk reassessment by the 
        end-of-confinement review committee unless substantial evidence 
        indicates that the offender's risk to the public has increased. 
           (k) The commissioner shall establish an end-of-confinement 
        review committee to assign a risk level to offenders who are 
        released from a federal correctional facility in Minnesota or 
        another state and who intend to reside in Minnesota, and to 
        offenders accepted from another state under a reciprocal 
        agreement for parole supervision under the interstate compact 
        authorized by section 243.16.  The committee shall make 
        reasonable efforts to conform to the same timelines as applied 
        to Minnesota cases.  Offenders accepted from another state under 
        a reciprocal agreement for probation supervision are not 
        assigned a risk level, but are considered downward dispositional 
        departures.  The probation or court services officer and law 
        enforcement officer shall manage such cases in accordance with 
        section 244.10, subdivision 2a.  The policies and procedures of 
        the committee for federal offenders and interstate compact cases 
        must be in accordance with all requirements as set forth in this 
        section, unless restrictions caused by the nature of federal or 
        interstate transfers prevents such conformance. 
           (l) If the committee assigns a predatory offender to risk 
        level III, the committee shall determine whether residency 
        restrictions shall be included in the conditions of the 
        offender's release based on the offender's pattern of offending 
        behavior. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005, 
        and applies to persons subject to community notification on or 
        after that date.  
           Sec. 13.  Minnesota Statutes 2004, section 244.052, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [OFFENDERS FROM OTHER STATES AND OFFENDERS 
        RELEASED FROM FEDERAL FACILITIES.] (a) Except as provided in 
        paragraph (b), the commissioner shall establish an 
        end-of-confinement review committee to assign a risk level: 
           (1) to offenders who are released from a federal 
        correctional facility in Minnesota or a federal correctional 
        facility in another state and who intend to reside in Minnesota; 
           (2) to offenders who are accepted from another state under 
        the interstate compact authorized by section 243.16 or 243.1605 
        or any other authorized interstate agreement; and 
           (3) to offenders who are referred to the committee by local 
        law enforcement agencies under paragraph (f).  
           (b) This subdivision does not require the commissioner to 
        convene an end-of-confinement review committee for a person 
        coming into Minnesota who is subject to probation under another 
        state's law.  The probation or court services officer and law 
        enforcement officer shall manage such cases in accordance with 
        section 244.10, subdivision 2a. 
           (c) The committee shall make reasonable efforts to conform 
        to the same timelines applied to offenders released from a 
        Minnesota correctional facility and shall collect all relevant 
        information and records on offenders assessed and assigned a 
        risk level under this subdivision.  However, for offenders who 
        were assigned the most serious risk level by another state, the 
        committee must act promptly to collect the information required 
        under this paragraph. 
           The end-of-confinement review committee must proceed in 
        accordance with all requirements set forth in this section and 
        follow all policies and procedures applied to offenders released 
        from a Minnesota correctional facility in reviewing information 
        and assessing the risk level of offenders covered by this 
        subdivision, unless restrictions caused by the nature of federal 
        or interstate transfers prevent such conformance.  All of the 
        provisions of this section apply to offenders who are assessed 
        and assigned a risk level under this subdivision.  
           (d) If a local law enforcement agency learns or suspects 
        that a person who is subject to this section is living in 
        Minnesota and a risk level has not been assigned to the person 
        under this section, the law enforcement agency shall provide 
        this information to the Bureau of Criminal Apprehension and the 
        commissioner of corrections within three business days.  
           (e) If the commissioner receives reliable information from 
        a local law enforcement agency or the bureau that a person 
        subject to this section is living in Minnesota and a local law 
        enforcement agency so requests, the commissioner must determine 
        if the person was assigned a risk level under a law comparable 
        to this section.  If the commissioner determines that the law is 
        comparable and public safety warrants, the commissioner, within 
        three business days of receiving a request, shall notify the 
        local law enforcement agency that it may, in consultation with 
        the department, proceed with notification under subdivision 4 
        based on the person's out-of-state risk level.  However, if the 
        commissioner concludes that the offender is from a state with a 
        risk level assessment law that is not comparable to this 
        section, the extent of the notification may not exceed that of a 
        risk level II offender under subdivision 4, paragraph (b), 
        unless the requirements of paragraph (f) have been met.  If an 
        assessment is requested from the end-of-confinement review 
        committee under paragraph (f), the local law enforcement agency 
        may continue to disclose information under subdivision 4 until 
        the committee assigns the person a risk level.  After the 
        committee assigns a risk level to an offender pursuant to a 
        request made under paragraph (f), the information disclosed by 
        law enforcement shall be consistent with the risk level assigned 
        by the end-of-confinement review committee.  The commissioner of 
        corrections, in consultation with legal advisers, shall 
        determine whether the law of another state is comparable to this 
        section.  
           (f) If the local law enforcement agency wants to make a 
        broader disclosure than is authorized under paragraph (e), the 
        law enforcement agency may request that an end-of-confinement 
        review committee assign a risk level to the offender.  The local 
        law enforcement agency shall provide to the committee all 
        information concerning the offender's criminal history, the risk 
        the offender poses to the community, and other relevant 
        information.  The department shall attempt to obtain other 
        information relevant to determining which risk level to assign 
        the offender.  The committee shall promptly assign a risk level 
        to an offender referred to the committee under this paragraph. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005, 
        and applies to persons subject to community notification on or 
        after that date. 
           Sec. 14.  Minnesota Statutes 2004, section 244.052, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
        INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
        area where the predatory offender resides, expects to reside, is 
        employed, or is regularly found, shall disclose to the public 
        any information regarding the offender contained in the report 
        forwarded to the agency under subdivision 3, paragraph (f), that 
        is relevant and necessary to protect the public and to 
        counteract the offender's dangerousness, consistent with the 
        guidelines in paragraph (b).  The extent of the information 
        disclosed and the community to whom disclosure is made must 
        relate to the level of danger posed by the offender, to the 
        offender's pattern of offending behavior, and to the need of 
        community members for information to enhance their individual 
        and collective safety. 
           (b) The law enforcement agency shall employ the following 
        guidelines in determining the scope of disclosure made under 
        this subdivision: 
           (1) if the offender is assigned to risk level I, the agency 
        may maintain information regarding the offender within the 
        agency and may disclose it to other law enforcement agencies.  
        Additionally, the agency may disclose the information to any 
        victims of or witnesses to the offense committed by the 
        offender. The agency shall disclose the information to victims 
        of the offense committed by the offender who have requested 
        disclosure and to adult members of the offender's immediate 
        household; 
           (2) if the offender is assigned to risk level II, the 
        agency also may disclose the information to agencies and groups 
        that the offender is likely to encounter for the purpose of 
        securing those institutions and protecting individuals in their 
        care while they are on or near the premises of the institution.  
        These agencies and groups include the staff members of public 
        and private educational institutions, day care establishments, 
        and establishments and organizations that primarily serve 
        individuals likely to be victimized by the offender.  The agency 
        also may disclose the information to individuals the agency 
        believes are likely to be victimized by the offender.  The 
        agency's belief shall be based on the offender's pattern of 
        offending or victim preference as documented in the information 
        provided by the department of corrections or human services; 
           (3) if the offender is assigned to risk level III, the 
        agency shall disclose the information to the persons and 
        entities described in clauses (1) and (2) and to other members 
        of the community whom the offender is likely to encounter, 
        unless the law enforcement agency determines that public safety 
        would be compromised by the disclosure or that a more limited 
        disclosure is necessary to protect the identity of the victim. 
           Notwithstanding the assignment of a predatory offender to 
        risk level II or III, a law enforcement agency may not make the 
        disclosures permitted or required by clause (2) or (3), if:  the 
        offender is placed or resides in a residential facility.  
        However, if an offender is placed or resides in a residential 
        facility, the offender and the head of the facility shall 
        designate the offender's likely residence upon release from the 
        facility and the head of the facility shall notify the 
        commissioner of corrections or the commissioner of human 
        services of the offender's likely residence at least 14 days 
        before the offender's scheduled release date.  The commissioner 
        shall give this information to the law enforcement agency having 
        jurisdiction over the offender's likely residence.  The head of 
        the residential facility also shall notify the commissioner of 
        corrections or human services within 48 hours after finalizing 
        the offender's approved relocation plan to a permanent 
        residence.  Within five days after receiving this notification, 
        the appropriate commissioner shall give to the appropriate law 
        enforcement agency all relevant information the commissioner has 
        concerning the offender, including information on the risk 
        factors in the offender's history and the risk level to which 
        the offender was assigned.  After receiving this information, 
        the law enforcement agency shall make the disclosures permitted 
        or required by clause (2) or (3), as appropriate. 
           (c) As used in paragraph (b), clauses (2) and (3), "likely 
        to encounter" means that:  
           (1) the organizations or community members are in a 
        location or in close proximity to a location where the offender 
        lives or is employed, or which the offender visits or is likely 
        to visit on a regular basis, other than the location of the 
        offender's outpatient treatment program; and 
           (2) the types of interaction which ordinarily occur at that 
        location and other circumstances indicate that contact with the 
        offender is reasonably certain. 
           (d) A law enforcement agency or official who discloses 
        information under this subdivision shall make a good faith 
        effort to make the notification within 14 days of receipt of a 
        confirmed address from the Department of Corrections indicating 
        that the offender will be, or has been, released from 
        confinement, or accepted for supervision, or has moved to a new 
        address and will reside at the address indicated.  If a change 
        occurs in the release plan, this notification provision does not 
        require an extension of the release date.  
           (e) A law enforcement agency or official who discloses 
        information under this subdivision shall not disclose the 
        identity or any identifying characteristics of the victims of or 
        witnesses to the offender's offenses. 
           (f) A law enforcement agency shall continue to disclose 
        information on an offender as required by this subdivision for 
        as long as the offender is required to register under section 
        243.166.  This requirement on a law enforcement agency to 
        continue to disclose information also applies to an offender who 
        lacks a primary address and is registering under section 
        243.166, subdivision 3a. 
           (g) A law enforcement agency that is disclosing information 
        on an offender assigned to risk level III to the public under 
        this subdivision shall inform the commissioner of corrections 
        what information is being disclosed and forward this information 
        to the commissioner within two days of the agency's 
        determination.  The commissioner shall post this information on 
        the Internet as required in subdivision 4b. 
           (h) A city council may adopt a policy that addresses when 
        information disclosed under this subdivision must be presented 
        in languages in addition to English.  The policy may address 
        when information must be presented orally, in writing, or both 
        in additional languages by the law enforcement agency disclosing 
        the information.  The policy may provide for different 
        approaches based on the prevalence of non-English languages in 
        different neighborhoods. 
           (i) An offender who is the subject of a community 
        notification meeting held pursuant to this section may not 
        attend the meeting. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to persons subject to 
        community notification on or after that date.  
           Sec. 15.  Minnesota Statutes 2004, section 244.052, is 
        amended by adding a subdivision to read: 
           Subd. 4c.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
        INFORMATION TO A HEALTH CARE FACILITY.] (a) The law enforcement 
        agency in the area where a health care facility is located shall 
        disclose the registrant status of any predatory offender 
        registered under section 243.166 to the health care facility if 
        the registered offender is receiving inpatient care in that 
        facility. 
           (b) As used in this section, "health care facility" means a 
        hospital or other entity licensed under sections 144.50 to 
        144.58, a nursing home licensed to serve adults under section 
        144A.02, or a group residential housing facility or an 
        intermediate care facility for the mentally retarded licensed 
        under chapter 245A. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 16.  [244.056] [PREDATORY OFFENDER SEEKING HOUSING IN 
        JURISDICTION OF DIFFERENT CORRECTIONS AGENCY.] 
           If a corrections agency supervising an offender who is 
        required to register as a predatory offender under section 
        243.166 and who is classified by the department as a public risk 
        monitoring case has knowledge that the offender is seeking 
        housing arrangements in a location under the jurisdiction of 
        another corrections agency, the agency shall notify the other 
        agency of this and initiate a supervision transfer request.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 17.  [244.057] [PLACEMENT OF PREDATORY OFFENDER IN 
        HOUSEHOLD WITH CHILDREN.] 
           A corrections agency supervising an offender required to 
        register as a predatory offender under section 243.166 shall 
        notify the appropriate child protection agency before 
        authorizing the offender to live in a household where children 
        are residing.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 18.  Minnesota Statutes 2004, section 244.10, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [NOTICE OF INFORMATION REGARDING PREDATORY 
        OFFENDERS.] (a) Subject to paragraph (b), in any case in which a 
        person is convicted of an offense and the presumptive sentence 
        under the Sentencing Guidelines is commitment to the custody of 
        the commissioner of corrections, if the court grants a 
        dispositional departure and stays imposition or execution of 
        sentence, the probation or court services officer who is 
        assigned to supervise the offender shall provide in writing to 
        the following the fact that the offender is on probation and the 
        terms and conditions of probation: 
           (1) a victim of and any witnesses to the offense committed 
        by the offender, if the victim or the witness has requested 
        notice; and 
           (2) the chief law enforcement officer in the area where the 
        offender resides or intends to reside. 
           The law enforcement officer, in consultation with the 
        offender's probation officer, may provide all or part of this 
        information to any of the following agencies or groups the 
        offender is likely to encounter:  public and private educational 
        institutions, day care establishments, and establishments or 
        organizations that primarily serve individuals likely to be 
        victimized by the offender.  The law enforcement officer, in 
        consultation with the offender's probation officer, also may 
        disclose the information to individuals the officer believes are 
        likely to be victimized by the offender.  The officer's belief 
        shall be based on the offender's pattern of offending or victim 
        preference as documented in the information provided by the 
        Department of Corrections or Department of Human Services.  
           The probation officer is not required under this 
        subdivision to provide any notice while the offender is placed 
        or resides in a residential facility that is licensed under 
        section 245A.02, subdivision 14, or 241.021, if the facility 
        staff is trained in the supervision of sex offenders. 
           (b) Paragraph (a) applies only to offenders required to 
        register under section 243.166, as a result of the conviction. 
           (c) The notice authorized by paragraph (a) shall be limited 
        to data classified as public under section 13.84, subdivision 6, 
        unless the offender provides informed consent to authorize the 
        release of nonpublic data or unless a court order authorizes the 
        release of nonpublic data. 
           (d) Nothing in this subdivision shall be interpreted to 
        impose a duty on any person to use any information regarding an 
        offender about whom notification is made under this subdivision. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to offenders entering the state, released from 
        confinement, subject to community notification, or sentenced on 
        or after that date.  
           Sec. 19.  Minnesota Statutes 2004, section 253B.18, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] 
        (a) A petition for an order of transfer, discharge, provisional 
        discharge, or revocation of provisional discharge shall be filed 
        with the commissioner and may be filed by the patient or by the 
        head of the treatment facility.  A patient may not petition the 
        special review board for six months following commitment under 
        subdivision 3 or following the final disposition of any previous 
        petition and subsequent appeal by the patient.  The medical 
        director may petition at any time.  
           (b) Fourteen days prior to the hearing, the committing 
        court, the county attorney of the county of commitment, the 
        designated agency, interested person, the petitioner, and the 
        petitioner's counsel shall be given written notice by the 
        commissioner of the time and place of the hearing before the 
        special review board.  Only those entitled to statutory notice 
        of the hearing or those administratively required to attend may 
        be present at the hearing.  The patient may designate interested 
        persons to receive notice by providing the names and addresses 
        to the commissioner at least 21 days before the hearing.  The 
        board shall provide the commissioner with written findings of 
        fact and recommendations within 21 days of the hearing.  The 
        commissioner shall issue an order no later than 14 days after 
        receiving the recommendation of the special review board.  A 
        copy of the order shall be sent by certified mail to every 
        person entitled to statutory notice of the hearing within five 
        days after it is signed.  No order by the commissioner shall be 
        effective sooner than 30 days after the order is signed, unless 
        the county attorney, the patient, and the commissioner agree 
        that it may become effective sooner.  
           (c) The special review board shall hold a hearing on each 
        petition prior to making its recommendation to the 
        commissioner.  The special review board proceedings are not 
        contested cases as defined in chapter 14.  Any person or agency 
        receiving notice that submits documentary evidence to the 
        special review board prior to the hearing shall also provide 
        copies to the patient, the patient's counsel, the county 
        attorney of the county of commitment, the case manager, and the 
        commissioner. 
           (d) Prior to the final decision by the commissioner, the 
        special review board may be reconvened to consider events or 
        circumstances that occurred subsequent to the hearing. 
           (e) In making their recommendations and order, the special 
        review board and commissioner must consider any statements 
        received from victims under subdivision 5a. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 20.  Minnesota Statutes 2004, section 253B.18, is 
        amended by adding a subdivision to read: 
           Subd. 5a.  [VICTIM NOTIFICATION OF PETITION AND RELEASE; 
        RIGHT TO SUBMIT STATEMENT.] (a) As used in this subdivision:  
           (1) "crime" has the meaning given to "violent crime" in 
        section 609.1095, and includes criminal sexual conduct in the 
        fifth degree and offenses within the definition of "crime 
        against the person" in section 253B.02, subdivision 4a, and also 
        includes offenses listed in section 253B.02, subdivision 7a, 
        paragraph (b), regardless of whether they are sexually 
        motivated; 
           (2) "victim" means a person who has incurred loss or harm 
        as a result of a crime the behavior for which forms the basis 
        for a commitment under this section or section 253B.185; and 
           (3) "convicted" and "conviction" have the meanings given in 
        section 609.02, subdivision 5, and also include juvenile court 
        adjudications, findings under Minnesota Rules of Criminal 
        Procedure, Rule 20.02, that the elements of a crime have been 
        proved, and findings in commitment cases under this section or 
        section 253B.185 that an act or acts constituting a crime 
        occurred.  
           (b) A county attorney who files a petition to commit a 
        person under this section or section 253B.185 shall make a 
        reasonable effort to provide prompt notice of filing the 
        petition to any victim of a crime for which the person was 
        convicted.  In addition, the county attorney shall make a 
        reasonable effort to promptly notify the victim of the 
        resolution of the petition.  
           (c) Before provisionally discharging, discharging, granting 
        pass-eligible status, approving a pass plan, or otherwise 
        permanently or temporarily releasing a person committed under 
        this section or section 253B.185 from a treatment facility, the 
        head of the treatment facility shall make a reasonable effort to 
        notify any victim of a crime for which the person was convicted 
        that the person may be discharged or released and that the 
        victim has a right to submit a written statement regarding 
        decisions of the medical director, special review board, or 
        commissioner with respect to the person.  To the extent 
        possible, the notice must be provided at least 14 days before 
        any special review board hearing or before a determination on a 
        pass plan.  
           (d) This subdivision applies only to victims who have 
        requested notification by contacting, in writing, the county 
        attorney in the county where the conviction for the crime 
        occurred.  A county attorney who receives a request for 
        notification under this paragraph shall promptly forward the 
        request to the commissioner of human services.  
           (e) The rights under this subdivision are in addition to 
        rights available to a victim under chapter 611A.  This provision 
        does not give a victim all the rights of a "notified person" or 
        a person "entitled to statutory notice" under subdivision 4a, 
        4b, or 5. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 21.  Minnesota Statutes 2004, section 609.108, 
        subdivision 7, is amended to read: 
           Subd. 7.  [COMMISSIONER OF CORRECTIONS.] The commissioner 
        shall develop a plan to pay the cost of treatment of a person 
        released under subdivision 6.  The plan may include co-payments 
        from offenders, third-party payers, local agencies, or other 
        funding sources as they are identified.  This section does not 
        require the commissioner to accept or retain an offender in a 
        treatment program. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 22.  Minnesota Statutes 2004, section 609.109, 
        subdivision 7, is amended to read: 
           Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
        Notwithstanding the statutory maximum sentence otherwise 
        applicable to the offense or any provision of the Sentencing 
        Guidelines, when a court sentences a person to prison for a 
        violation of section 609.342, 609.343, 609.344, or 609.345, the 
        court shall provide that after the person has completed the 
        sentence imposed, the commissioner of corrections shall place 
        the person on conditional release.  If the person was convicted 
        for a violation of section 609.342, 609.343, 609.344, or 
        609.345, the person shall be placed on conditional release for 
        five years, minus the time the person served on supervised 
        release.  If the person was convicted for a violation of one of 
        those sections after a previous sex offense conviction as 
        defined in subdivision 5, or sentenced under subdivision 6 to a 
        mandatory departure, the person shall be placed on conditional 
        release for ten years, minus the time the person served on 
        supervised release. 
           (b) The conditions of release may include successful 
        completion of treatment and aftercare in a program approved by 
        the commissioner, satisfaction of the release conditions 
        specified in section 244.05, subdivision 6, and any other 
        conditions the commissioner considers appropriate.  If the 
        offender fails to meet any condition of release, the 
        commissioner may revoke the offender's conditional release and 
        order that the offender serve the remaining portion of the 
        conditional release term in prison.  The commissioner shall not 
        dismiss the offender from supervision before the conditional 
        release term expires. 
           Conditional release under this subdivision is governed by 
        provisions relating to supervised release, except as otherwise 
        provided in this subdivision, section 244.04, subdivision 1, or 
        244.05. 
           (c) The commissioner shall develop a plan to pay the cost 
        of treatment of a person released under this subdivision.  The 
        plan may include co-payments from offenders, third-party payers, 
        local agencies, and other funding sources as they are 
        identified.  This section does not require the commissioner to 
        accept or retain an offender in a treatment program. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 23.  Minnesota Statutes 2004, section 609.3452, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ASSESSMENT REQUIRED.] When a person is 
        convicted of a sex offense, the court shall order an independent 
        professional assessment of the offender's need for sex offender 
        treatment to be completed before sentencing.  The court may 
        waive the assessment if:  (1) the Sentencing Guidelines provide 
        a presumptive prison sentence for the offender, or (2) an 
        adequate assessment was conducted prior to the conviction.  An 
        assessor providing an assessment for the court must be 
        experienced in the evaluation and treatment of sex offenders. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 24.  [609.3456] [USE OF POLYGRAPHS FOR SEX OFFENDERS 
        ON PROBATION OR CONDITIONAL RELEASE.] 
           (a) A court may order as an intermediate sanction under 
        section 609.135 and the commissioner of corrections may order as 
        a condition of release under section 244.05 or 609.3455 that an 
        offender under supervision for a sex offense submit to 
        polygraphic examinations to ensure compliance with the terms of 
        probation or conditions of release.  
           (b) The court or commissioner may order the offender to pay 
        all or a portion of the costs of the examinations.  The fee may 
        be waived if the offender is indigent or if payment would result 
        in an economic hardship to the offender's immediate family.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005.  
           Sec. 25.  Minnesota Statutes 2004, section 626.556, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
        knows or has reason to believe a child is being neglected or 
        physically or sexually abused, as defined in subdivision 2, or 
        has been neglected or physically or sexually abused within the 
        preceding three years, shall immediately report the information 
        to the local welfare agency, agency responsible for assessing or 
        investigating the report, police department, or the county 
        sheriff if the person is:  
           (1) a professional or professional's delegate who is 
        engaged in the practice of the healing arts, social services, 
        hospital administration, psychological or psychiatric treatment, 
        child care, education, correctional supervision, or law 
        enforcement; or 
           (2) employed as a member of the clergy and received the 
        information while engaged in ministerial duties, provided that a 
        member of the clergy is not required by this subdivision to 
        report information that is otherwise privileged under section 
        595.02, subdivision 1, paragraph (c).  
           The police department or the county sheriff, upon receiving 
        a report, shall immediately notify the local welfare agency or 
        agency responsible for assessing or investigating the report, 
        orally and in writing.  The local welfare agency, or agency 
        responsible for assessing or investigating the report, upon 
        receiving a report, shall immediately notify the local police 
        department or the county sheriff orally and in writing.  The 
        county sheriff and the head of every local welfare agency, 
        agency responsible for assessing or investigating reports, and 
        police department shall each designate a person within their 
        agency, department, or office who is responsible for ensuring 
        that the notification duties of this paragraph and paragraph (b) 
        are carried out.  Nothing in this subdivision shall be construed 
        to require more than one report from any institution, facility, 
        school, or agency. 
           (b) Any person may voluntarily report to the local welfare 
        agency, agency responsible for assessing or investigating the 
        report, police department, or the county sheriff if the person 
        knows, has reason to believe, or suspects a child is being or 
        has been neglected or subjected to physical or sexual abuse.  
        The police department or the county sheriff, upon receiving a 
        report, shall immediately notify the local welfare agency or 
        agency responsible for assessing or investigating the report, 
        orally and in writing.  The local welfare agency or agency 
        responsible for assessing or investigating the report, upon 
        receiving a report, shall immediately notify the local police 
        department or the county sheriff orally and in writing. 
           (c) A person mandated to report physical or sexual child 
        abuse or neglect occurring within a licensed facility shall 
        report the information to the agency responsible for licensing 
        the facility under sections 144.50 to 144.58; 241.021; 245A.01 
        to 245A.16; or chapter 245B; or a nonlicensed personal care 
        provider organization as defined in sections 256B.04, 
        subdivision 16; and 256B.0625, subdivision 19.  A health or 
        corrections agency receiving a report may request the local 
        welfare agency to provide assistance pursuant to subdivisions 
        10, 10a, and 10b.  A board or other entity whose licensees 
        perform work within a school facility, upon receiving a 
        complaint of alleged maltreatment, shall provide information 
        about the circumstances of the alleged maltreatment to the 
        commissioner of education.  Section 13.03, subdivision 4, 
        applies to data received by the commissioner of education from a 
        licensing entity.  
           (d) Any person mandated to report shall receive a summary 
        of the disposition of any report made by that reporter, 
        including whether the case has been opened for child protection 
        or other services, or if a referral has been made to a community 
        organization, unless release would be detrimental to the best 
        interests of the child.  Any person who is not mandated to 
        report shall, upon request to the local welfare agency, receive 
        a concise summary of the disposition of any report made by that 
        reporter, unless release would be detrimental to the best 
        interests of the child. 
           (e) For purposes of this subdivision, "immediately" means 
        as soon as possible but in no event longer than 24 hours. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 26.  [PROTOCOL ON USE OF POLYGRAPHS.] 
           By September 1, 2005, the state court administrator, in 
        consultation with the Conference of Chief Judges, is requested 
        to develop a protocol for the use of polygraphic examinations 
        for sex offenders placed on probation under Minnesota Statutes, 
        section 609.3456.  This protocol shall be distributed to judges 
        across the state.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 27.  [SUPREME COURT STUDY ON SEXUALLY DANGEROUS PERSON 
        AND SEXUAL PSYCHOPATHIC PERSONALITY CIVIL COMMITMENTS.] 
           Subdivision 1.  [ESTABLISHMENT.] The Supreme Court is 
        requested to study the following related to the civil commitment 
        of sexually dangerous persons and sexual psychopathic 
        personalities under Minnesota Statutes, section 253B.185: 
           (1) the development and use of a statewide panel of defense 
        attorneys to represent those persons after a commitment petition 
        is filed; and 
           (2) the development and use of a statewide panel of judges 
        to hear these petitions.  
           Subd. 2.  [REPORT.] The Supreme Court shall report its 
        findings and recommendations to the chairs and ranking minority 
        members of the house of representatives and senate committees 
        and divisions having jurisdiction over criminal justice and 
        civil law policy and funding by February 1, 2006. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 28.  [WORKING GROUP ON SEX OFFENDER MANAGEMENT.] 
           Subdivision 1.  [WORKING GROUP ESTABLISHED.] The 
        commissioner of corrections shall convene a working group of 
        individuals knowledgeable in the supervision and treatment of 
        sex offenders.  The group must include individuals from both 
        inside and outside of the Department of Corrections.  The 
        commissioner shall ensure broad representation in the group, 
        including representatives from all three probation systems and 
        from diverse parts of the state.  The working group shall study 
        and make recommendations on the issues listed in this section.  
        To the degree feasible, the group shall consider how these 
        issues are addressed in other states.  
           Subd. 2.  [ISSUES TO BE STUDIED.] The working group shall 
        review and make recommendations on: 
           (1) statewide standards regarding the minimum frequency of 
        in-person contacts between sex offenders and their correctional 
        agents, including, but not limited to, home visits; 
           (2) a model set of special conditions of sex offender 
        supervision that can be used by courts and corrections agencies 
        throughout Minnesota; 
           (3) statewide standards regarding the documentation by 
        correctional agents of their supervision activities; 
           (4) standards to provide corrections agencies with guidance 
        regarding sex offender assessment practices; 
           (5) policies that encourage sentencing conditions and 
        prison release plans to clearly distinguish between sex offender 
        treatment programs and other types of programs and services and 
        to clearly specify which type of program the offender is 
        required to complete; 
           (6) ways to improve the Department of Corrections' prison 
        release planning practices for sex offenders, including sex 
        offenders with chemical dependency needs or mental health needs; 
           (7) methods and timetables for periodic external reviews of 
        sex offender supervision practices; 
           (8) statewide standards for the use of polygraphs by 
        corrections agencies and sex offender treatment programs; 
           (9) statewide standards specifying basic program elements 
        for community-based sex offender treatment programs, including, 
        but not limited to, staff qualifications, case planning, use of 
        polygraphs, and progress reports prepared for supervising 
        agencies; 
           (10) a statewide protocol on the sharing of sex offender 
        information between corrections agencies and child protection 
        agencies in situations where offenders are placed in households 
        where children reside; 
           (11) best practices for supervising sex offenders such as 
        intensive supervised release, specialized caseloads, and other 
        innovative methods, ideal caseload sizes for supervising agents, 
        and methods to implement this in a manner that does not 
        negatively impact the supervision of other types of offenders; 
        and 
           (12) any other issues related to sex offender treatment and 
        management that the working group deems appropriate.  
           Subd. 3.  [REVIEW OF NEW LAWS.] The working group shall 
        also review the provisions of any laws enacted in 2005 relating 
        to sex offender supervision and treatment.  The group shall make 
        recommendations on whether any changes to these provisions 
        should be considered by the legislature.  
           Subd. 4.  [REPORTS.] By February 15, 2006, the working 
        group shall submit a progress report and by February 15, 2007, 
        the working group shall submit its recommendations to the chairs 
        and ranking minority members of the senate and house committees 
        having jurisdiction over criminal justice policy.  
           Subd. 5.  [POLICIES REQUIRED.] After considering the 
        recommendations of the working group, the commissioner of 
        corrections may implement policies and standards relating to the 
        issues described in subdivision 2 over which the commissioner 
        has jurisdiction.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 29.  [PRISON-BASED SEX OFFENDER TREATMENT PROGRAMS; 
        REPORT.] 
           By February 15, 2006, the commissioner of corrections shall 
        report to the chairs and ranking minority members of the senate 
        and house committees having jurisdiction over criminal justice 
        policy on prison-based sex offender treatment programs.  The 
        report must:  
           (1) examine options for increasing the number of inmates 
        participating in these programs; 
           (2) examine funding for these programs; 
           (3) examine options for treating inmates who have limited 
        periods of time remaining in their terms of imprisonment; 
           (4) examine the merits and limitations of extending an 
        inmate's term of imprisonment for refusing to participate in 
        treatment; and 
           (5) examine any other related issues deemed relevant by the 
        commissioner. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 30.  [REVISOR'S INSTRUCTION.] 
           The revisor of statutes shall change all references to 
        Minnesota Statutes, section 243.166, subdivision 1, in Minnesota 
        Statutes to section 243.166.  In addition, the revisor shall 
        make other technical changes necessitated by this article.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 31.  [REPEALER.] 
           Minnesota Statutes 2004, section 243.166, subdivisions 1 
        and 8, are repealed. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 

                                   ARTICLE 4 
                                 SEX OFFENDERS: 
                        TECHNICAL AND CONFORMING CHANGES 
           Section 1.  Minnesota Statutes 2004, section 13.871, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CRIME VICTIMS.] (a) [CRIME VICTIM NOTICE OF 
        RELEASE.] Data on crime victims who request notice of an 
        offender's release are classified under section 611A.06.  
           (b) [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex 
        offenders under section 611A.19, subdivision 2, are classified 
        under that section.  
           (c) [BATTERED WOMEN.] Data on battered women maintained by 
        grantees for emergency shelter and support services for battered 
        women are governed by section 611A.32, subdivision 5.  
           (d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women and 
        victims of domestic abuse maintained by grantees and recipients 
        of per diem payments for emergency shelter for battered women 
        and support services for battered women and victims of domestic 
        abuse are governed by sections 611A.32, subdivision 5, and 
        611A.371, subdivision 3. 
           (e) [PERSONAL HISTORY; INTERNAL AUDITING.] Certain personal 
        history and internal auditing data is classified by section 
        611A.46. 
           (f) [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and 
        supporting documents filed by crime victims seeking reparations 
        are classified under section 611A.57, subdivision 6.  
           (g) [CRIME VICTIM OVERSIGHT ACT.] Data maintained by the 
        commissioner of public safety under the Crime Victim Oversight 
        Act are classified under section 611A.74, subdivision 2.  
           (h) [VICTIM IDENTITY DATA.] Data relating to the identity 
        of the victims of certain criminal sexual conduct is governed by 
        section 609.3471. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 2.  Minnesota Statutes 2004, section 14.03, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RULEMAKING PROCEDURES.] (a) The definition of a 
        rule in section 14.02, subdivision 4, does not include: 
           (1) rules concerning only the internal management of the 
        agency or other agencies that do not directly affect the rights 
        of or procedures available to the public; 
           (2) an application deadline on a form; and the remainder of 
        a form and instructions for use of the form to the extent that 
        they do not impose substantive requirements other than 
        requirements contained in statute or rule; 
           (3) the curriculum adopted by an agency to implement a 
        statute or rule permitting or mandating minimum educational 
        requirements for persons regulated by an agency, provided the 
        topic areas to be covered by the minimum educational 
        requirements are specified in statute or rule; 
           (4) procedures for sharing data among government agencies, 
        provided these procedures are consistent with chapter 13 and 
        other law governing data practices.  
           (b) The definition of a rule in section 14.02, subdivision 
        4, does not include: 
           (1) rules of the commissioner of corrections relating to 
        the release, placement, term, and supervision of inmates serving 
        a supervised release or conditional release term, the internal 
        management of institutions under the commissioner's control, and 
        rules adopted under section 609.105 governing the inmates of 
        those institutions; 
           (2) rules relating to weight limitations on the use of 
        highways when the substance of the rules is indicated to the 
        public by means of signs; 
           (3) opinions of the attorney general; 
           (4) the data element dictionary and the annual data 
        acquisition calendar of the Department of Education to the 
        extent provided by section 125B.07; 
           (5) the occupational safety and health standards provided 
        in section 182.655; 
           (6) revenue notices and tax information bulletins of the 
        commissioner of revenue; 
           (7) uniform conveyancing forms adopted by the commissioner 
        of commerce under section 507.09; or 
           (8) the interpretive guidelines developed by the 
        commissioner of human services to the extent provided in chapter 
        245A. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 3.  Minnesota Statutes 2004, section 609.109, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PRESUMPTIVE EXECUTED SENTENCE.] Except as 
        provided in subdivision 3 or 4, if a person is convicted under 
        sections 609.342 to 609.345 609.3453, within 15 years of a 
        previous sex offense conviction, the court shall commit the 
        defendant to the commissioner of corrections for not less than 
        three years, nor more than the maximum sentence provided by law 
        for the offense for which convicted, notwithstanding the 
        provisions of sections 242.19, 243.05, 609.11, 609.12, and 
        609.135.  The court may stay the execution of the sentence 
        imposed under this subdivision only if it finds that a 
        professional assessment indicates the offender is accepted by 
        and can respond to treatment at a long-term inpatient program 
        exclusively treating sex offenders and approved by the 
        commissioner of corrections.  If the court stays the execution 
        of a sentence, it shall include the following as conditions of 
        probation:  
           (1) incarceration in a local jail or workhouse; and 
           (2) a requirement that the offender successfully complete 
        the treatment program and aftercare as directed by the court. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 4.  Minnesota Statutes 2004, section 609.109, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 
        purposes of this section, a conviction is considered a previous 
        sex offense conviction if the person was convicted of a sex 
        offense before the commission of the present offense of 
        conviction.  A person has two previous sex offense convictions 
        only if the person was convicted and sentenced for a sex offense 
        committed after the person was earlier convicted and sentenced 
        for a sex offense, both convictions preceded the commission of 
        the present offense of conviction, and 15 years have not elapsed 
        since the person was discharged from the sentence imposed for 
        the second conviction.  A "sex offense" is a violation of 
        sections 609.342 to 609.345 609.3453 or any similar statute of 
        the United States, this state, or any other state. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 5.  Minnesota Statutes 2004, section 609.1351, is 
        amended to read: 
           609.1351 [PETITION FOR CIVIL COMMITMENT.] 
           When a court sentences a person under section 609.108, 
        609.342, 609.343, 609.344, or 609.345, or 609.3453, the court 
        shall make a preliminary determination whether in the court's 
        opinion a petition under section 253B.185 may be appropriate and 
        include the determination as part of the sentencing order.  If 
        the court determines that a petition may be appropriate, the 
        court shall forward its preliminary determination along with 
        supporting documentation to the county attorney.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 6.  Minnesota Statutes 2004, section 609.347, is 
        amended to read: 
           609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.] 
           Subdivision 1.  In a prosecution under sections 609.109 or, 
        609.342 to 609.3451, or 609.3453, the testimony of a victim need 
        not be corroborated. 
           Subd. 2.  In a prosecution under sections 609.109 or, 
        609.342 to 609.3451, or 609.3453, there is no need to show that 
        the victim resisted the accused.  
           Subd. 3.  In a prosecution under sections 609.109, 609.342 
        to 609.3451, 609.3453, or 609.365, evidence of the victim's 
        previous sexual conduct shall not be admitted nor shall any 
        reference to such conduct be made in the presence of the jury, 
        except by court order under the procedure provided in 
        subdivision 4.  The evidence can be admitted only if the 
        probative value of the evidence is not substantially outweighed 
        by its inflammatory or prejudicial nature and only in the 
        circumstances set out in paragraphs (a) and (b).  For the 
        evidence to be admissible under paragraph (a), subsection (i), 
        the judge must find by a preponderance of the evidence that the 
        facts set out in the accused's offer of proof are true.  For the 
        evidence to be admissible under paragraph (a), subsection (ii) 
        or paragraph (b), the judge must find that the evidence is 
        sufficient to support a finding that the facts set out in the 
        accused's offer of proof are true, as provided under Rule 901 of 
        the Rules of Evidence. 
           (a) When consent of the victim is a defense in the case, 
        the following evidence is admissible: 
           (i) evidence of the victim's previous sexual conduct 
        tending to establish a common scheme or plan of similar sexual 
        conduct under circumstances similar to the case at issue.  In 
        order to find a common scheme or plan, the judge must find that 
        the victim made prior allegations of sexual assault which were 
        fabricated; and 
           (ii) evidence of the victim's previous sexual conduct with 
        the accused.  
           (b) When the prosecution's case includes evidence of semen, 
        pregnancy, or disease at the time of the incident or, in the 
        case of pregnancy, between the time of the incident and trial, 
        evidence of specific instances of the victim's previous sexual 
        conduct is admissible solely to show the source of the semen, 
        pregnancy, or disease. 
           Subd. 4.  The accused may not offer evidence described in 
        subdivision 3 except pursuant to the following procedure: 
           (a) A motion shall be made by the accused at least three 
        business days prior to trial, unless later for good cause shown, 
        setting out with particularity the offer of proof of the 
        evidence that the accused intends to offer, relative to the 
        previous sexual conduct of the victim; 
           (b) If the court deems the offer of proof sufficient, the 
        court shall order a hearing out of the presence of the jury, if 
        any, and in such hearing shall allow the accused to make a full 
        presentation of the offer of proof; 
           (c) At the conclusion of the hearing, if the court finds 
        that the evidence proposed to be offered by the accused 
        regarding the previous sexual conduct of the victim is 
        admissible under subdivision 3 and that its probative value is 
        not substantially outweighed by its inflammatory or prejudicial 
        nature, the court shall make an order stating the extent to 
        which evidence is admissible.  The accused may then offer 
        evidence pursuant to the order of the court; 
           (d) If new information is discovered after the date of the 
        hearing or during the course of trial, which may make evidence 
        described in subdivision 3 admissible, the accused may make an 
        offer of proof pursuant to clause (a) and the court shall order 
        an in camera hearing to determine whether the proposed evidence 
        is admissible by the standards herein.  
           Subd. 5.  In a prosecution under sections 609.109 or, 
        609.342 to 609.3451, or 609.3453, the court shall not instruct 
        the jury to the effect that: 
           (a) It may be inferred that a victim who has previously 
        consented to sexual intercourse with persons other than the 
        accused would be therefore more likely to consent to sexual 
        intercourse again; or 
           (b) The victim's previous or subsequent sexual conduct in 
        and of itself may be considered in determining the credibility 
        of the victim; or 
           (c) Criminal sexual conduct is a crime easily charged by a 
        victim but very difficult to disprove by an accused because of 
        the heinous nature of the crime; or 
           (d) The jury should scrutinize the testimony of the victim 
        any more closely than it should scrutinize the testimony of any 
        witness in any felony prosecution.  
           Subd. 6.  (a) In a prosecution under sections 609.109 or, 
        609.342 to 609.3451, or 609.3453, involving a psychotherapist 
        and patient, evidence of the patient's personal or medical 
        history is not admissible except when:  
           (1) the accused requests a hearing at least three business 
        days prior to trial and makes an offer of proof of the relevancy 
        of the history; and 
           (2) the court finds that the history is relevant and that 
        the probative value of the history outweighs its prejudicial 
        value.  
           (b) The court shall allow the admission only of specific 
        information or examples of conduct of the victim that are 
        determined by the court to be relevant.  The court's order shall 
        detail the information or conduct that is admissible and no 
        other evidence of the history may be introduced. 
           (c) Violation of the terms of the order is grounds for 
        mistrial but does not prevent the retrial of the accused.  
           Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule 412 of the 
        Rules of Evidence is superseded to the extent of its conflict 
        with this section. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 7.  Minnesota Statutes 2004, section 609.3471, is 
        amended to read: 
           609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 
        CONFIDENTIAL.] 
           Notwithstanding any provision of law to the contrary, no 
        data contained in records or reports relating to petitions, 
        complaints, or indictments issued pursuant to section 609.342;, 
        609.343;, 609.344; or, 609.345, or 609.3453, which 
        specifically identifies a victim who is a minor shall be 
        accessible to the public, except by order of the court.  Nothing 
        in this section authorizes denial of access to any other data 
        contained in the records or reports, including the identity of 
        the defendant. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 8.  Minnesota Statutes 2004, section 609.348, is 
        amended to read: 
           609.348 [MEDICAL PURPOSES; EXCLUSION.] 
           Sections 609.109 and, 609.342 to 609.3451, and 609.3453 do 
        not apply to sexual penetration or sexual contact when done for 
        a bona fide medical purpose. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 9.  Minnesota Statutes 2004, section 609.353, is 
        amended to read: 
           609.353 [JURISDICTION.] 
           A violation or attempted violation of section 609.342, 
        609.343, 609.344, 609.345, 609.3451, 609.3453, or 609.352 may be 
        prosecuted in any jurisdiction in which the violation originates 
        or terminates. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 10.  Minnesota Statutes 2004, section 631.045, is 
        amended to read: 
           631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 
           At the trial of a complaint or indictment for a violation 
        of sections 609.109, 609.341 to 609.3451, 609.3453, or 617.246, 
        subdivision 2, when a minor under 18 years of age is the person 
        upon, with, or against whom the crime is alleged to have been 
        committed, the judge may exclude the public from the courtroom 
        during the victim's testimony or during all or part of the 
        remainder of the trial upon a showing that closure is necessary 
        to protect a witness or ensure fairness in the trial.  The judge 
        shall give the prosecutor, defendant and members of the public 
        the opportunity to object to the closure before a closure order. 
        The judge shall specify the reasons for closure in an order 
        closing all or part of the trial.  Upon closure the judge shall 
        only admit persons who have a direct interest in the case.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 11.  [REVISOR INSTRUCTION.] 
           (a) The revisor of statutes shall renumber Minnesota 
        Statutes, section 609.3452, as Minnesota Statutes, section 
        609.3457, and correct cross-references.  In addition, the 
        revisor shall delete the reference in Minnesota Statutes, 
        section 13.871, subdivision 3, paragraph (d), to Minnesota 
        Statutes, section 609.3452, and insert a reference to Minnesota 
        Statutes, section 609.3457.  The revisor shall include a 
        notation in Minnesota Statutes to inform readers of the statutes 
        of the renumbering of Minnesota Statutes, section 609.3457. 
           (b) In addition to the specific changes described in 
        paragraph (a), the revisor of statutes shall make other 
        technical changes necessitated by this act. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 

                                   ARTICLE 5 
              HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY 
           Section 1.  Minnesota Statutes 2004, section 243.166, 
        subdivision 7, is amended to read: 
           Subd. 7.  [USE OF INFORMATION DATA.] Except as otherwise 
        provided in subdivision 7a or sections 244.052 and 299C.093, the 
        information data provided under this section is private data on 
        individuals under section 13.02, subdivision 12.  The 
        information data may be used only for law enforcement and 
        corrections purposes.  State-operated services, as defined in 
        section 246.014, are also authorized to have access to the data 
        for the purposes described in section 246.13, subdivision 2, 
        paragraph (c). 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 2.  Minnesota Statutes 2004, section 246.13, is 
        amended to read: 
           246.13 [RECORD RECORDS OF PATIENTS AND RESIDENTS 
        IN RECEIVING STATE-OPERATED SERVICES.] 
           Subdivision 1.  [POWERS, DUTIES, AND AUTHORITY OF 
        COMMISSIONER.] (a) The commissioner of human services' office 
        shall have, accessible only by consent of the commissioner or on 
        the order of a judge or court of record, a record showing the 
        residence, sex, age, nativity, occupation, civil condition, and 
        date of entrance or commitment of every person, in the 
        state-operated services facilities as defined under section 
        246.014 under exclusive control of the commissioner; the date of 
        discharge and whether such discharge was final; the condition of 
        the person when the person left the state-operated services 
        facility; the vulnerable adult abuse prevention associated with 
        the person; and the date and cause of all deaths.  The record 
        shall state every transfer from one state-operated services 
        facility to another, naming each state-operated services 
        facility.  This information shall be furnished to the 
        commissioner of human services by each public agency, along with 
        other obtainable facts as the commissioner may require.  When a 
        patient or resident in a state-operated services facility is 
        discharged, transferred, or dies, the head of the state-operated 
        services facility or designee shall inform the commissioner of 
        human services of these events within ten days on forms 
        furnished by the commissioner.  
           (b) The commissioner of human services shall cause to be 
        devised, installed, and operated an adequate system of records 
        and statistics which shall consist of all basic record forms, 
        including patient personal records and medical record forms, and 
        the manner of their use shall be precisely uniform throughout 
        all state-operated services facilities. 
           Subd. 2.  [DEFINITIONS; RISK ASSESSMENT AND MANAGEMENT.] (a)
        As used in this section: 
           (1) "appropriate and necessary medical and other records" 
        includes patient medical records and other protected health 
        information as defined by Code of Federal Regulations, title 45, 
        section 164.501, relating to a patient in a state-operated 
        services facility including, but not limited to, the patient's 
        treatment plan and abuse prevention plan that is pertinent to 
        the patient's ongoing care, treatment, or placement in a 
        community-based treatment facility or a health care facility 
        that is not operated by state-operated services, and includes 
        information describing the level of risk posed by a patient when 
        the patient enters such a facility; 
           (2) "community-based treatment" means the community support 
        services listed in section 253B.02, subdivision 4b; 
           (3) "criminal history data" means those data maintained by 
        the Departments of Corrections and Public Safety and by the 
        supervisory authorities listed in section 13.84, subdivision 1, 
        that relate to an individual's criminal history or propensity 
        for violence; including data in the Corrections Offender 
        Management System (COMS) and Statewide Supervision System (S3) 
        maintained by the Department of Corrections; the Criminal 
        Justice Information System (CJIS) and the Predatory Offender 
        Registration (POR) system maintained by the Department of Public 
        Safety; and the CriMNet system; 
           (4) "designated agency" means the agency defined in section 
        253B.02, subdivision 5; 
           (5) "law enforcement agency" means the law enforcement 
        agency having primary jurisdiction over the location where the 
        offender expects to reside upon release; 
           (6) "predatory offender" and "offender" mean a person who 
        is required to register as a predatory offender under section 
        243.166; and 
           (7) "treatment facility" means a facility as defined in 
        section 253B.02, subdivision 19. 
           (b) To promote public safety and for the purposes and 
        subject to the requirements of paragraph (c), the commissioner 
        or the commissioner's designee shall have access to, and may 
        review and disclose, medical and criminal history data as 
        provided by this section. 
           (c) The commissioner or the commissioner's designee shall 
        disseminate data to designated treatment facility staff, special 
        review board members, and end-of-confinement review committee 
        members in accordance with Minnesota Rules, part 1205.0400, to: 
           (1) determine whether a patient is required under state law 
        to register as a predatory offender according to section 
        243.166; 
           (2) facilitate and expedite the responsibilities of the 
        special review board and end-of-confinement review committees by 
        corrections institutions and state treatment facilities; 
           (3) prepare, amend, or revise the abuse prevention plans 
        required under section 626.557, subdivision 14, and individual 
        patient treatment plans required under section 253B.03, 
        subdivision 7; 
           (4) facilitate changes of custody and transfers of 
        individuals between the Department of Corrections and the 
        Department of Human Services; and 
           (5) facilitate the exchange of data between the Department 
        of Corrections, the Department of Human Services, and any of the 
        supervisory authorities listed in section 13.84, regarding an 
        individual under the authority of one or more of these entities. 
           (d) If approved by the United States Department of Justice, 
        the commissioner may have access to national criminal history 
        information, through the Department of Public Safety, in support 
        of the law enforcement function described in paragraph (c).  If 
        approval of the United States Department of Justice is not 
        obtained by the commissioner before July 1, 2007, the 
        authorization in this paragraph sunsets on that date.  
           Subd. 3.  [COMMUNITY-BASED TREATMENT AND MEDICAL 
        TREATMENT.] (a) When a patient under the care and supervision of 
        state-operated services is released to a community-based 
        treatment facility or facility that provides health care 
        services, state-operated services may disclose all appropriate 
        and necessary health and other information relating to the 
        patient. 
           (b) The information that must be provided to the designated 
        agency, community-based treatment facility, or facility that 
        provides health care services includes, but is not limited to, 
        the patient's abuse prevention plan required under section 
        626.557, subdivision 14, paragraph (b). 
           Subd. 4.  [PREDATORY OFFENDER REGISTRATION 
        NOTIFICATION.] (a) When a state-operated facility determines 
        that a patient is required under section 243.166, subdivision 1, 
        to register as a predatory offender or, under section 243.166, 
        subdivision 4a, to provide notice of a change in status, the 
        facility shall provide written notice to the patient of the 
        requirement. 
           (b) If the patient refuses, is unable, or lacks capacity to 
        comply with the requirement described in paragraph (a) within 
        five days after receiving the notification of the duty to 
        comply, state-operated services staff shall obtain and disclose 
        the necessary data to complete the registration form or change 
        of status notification for the patient.  The treatment facility 
        shall also forward the registration or change of status data 
        that it completes to the Bureau of Criminal Apprehension and, as 
        applicable, the patient's corrections agent and the law 
        enforcement agency in the community in which the patient 
        currently resides.  If, after providing notification, the 
        patient refuses to comply with the requirements described in 
        paragraph (a), the treatment facility shall also notify the 
        county attorney in the county in which the patient is currently 
        residing of the refusal. 
           (c) The duties of state-operated services described in this 
        subdivision do not relieve the patient of the ongoing individual 
        duty to comply with the requirements of section 243.166. 
           Subd. 5.  [LIMITATIONS ON USE OF BLOODBORNE PATHOGEN TEST 
        RESULTS.] Sections 246.71, 246.711, 246.712, 246.713, 246.714, 
        246.715, 246.716, 246.717, 246.718, 246.719, 246.72, 246.721, 
        and 246.722 apply to state-operated services facilities. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 3.  Minnesota Statutes 2004, section 253B.18, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [RELEASE ON PASS; NOTIFICATION.] A patient who 
        has been committed as a person who is mentally ill and dangerous 
        and who is confined at a secure treatment facility or has been 
        transferred out of a state-operated services facility according 
        to section 253B.18, subdivision 6, shall not be released on a 
        pass unless the pass is part of a pass plan that has been 
        approved by the medical director of the secure treatment 
        facility.  The pass plan must have a specific therapeutic 
        purpose consistent with the treatment plan, must be established 
        for a specific period of time, and must have specific levels of 
        liberty delineated.  The county case manager must be invited to 
        participate in the development of the pass plan.  At least ten 
        days prior to a determination on the plan, the medical director 
        shall notify the designated agency, the committing court, the 
        county attorney of the county of commitment, an interested 
        person, the local law enforcement agency where the facility is 
        located, the local law enforcement agency in the location where 
        the pass is to occur, the petitioner, and the petitioner's 
        counsel of the plan, the nature of the passes proposed, and 
        their right to object to the plan.  If any notified person 
        objects prior to the proposed date of implementation, the person 
        shall have an opportunity to appear, personally or in writing, 
        before the medical director, within ten days of the objection, 
        to present grounds for opposing the plan.  The pass plan shall 
        not be implemented until the objecting person has been furnished 
        that opportunity.  Nothing in this subdivision shall be 
        construed to give a patient an affirmative right to a pass plan. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 4.  Minnesota Statutes 2004, section 299C.093, is 
        amended to read: 
           299C.093 [DATABASE OF REGISTERED PREDATORY OFFENDERS.] 
           The superintendent of the Bureau of Criminal Apprehension 
        shall maintain a computerized data system relating to 
        individuals required to register as predatory offenders under 
        section 243.166.  To the degree feasible, the system must 
        include the information data required to be provided under 
        section 243.166, subdivisions 4 and 4a, and indicate the time 
        period that the person is required to register.  The 
        superintendent shall maintain this information data in a manner 
        that ensures that it is readily available to law enforcement 
        agencies.  This information data is private data on individuals 
        under section 13.02, subdivision 12, but may be used for law 
        enforcement and corrections purposes.  State-operated services, 
        as defined in section 246.014, are also authorized to have 
        access to the data for the purposes described in section 246.13, 
        subdivision 2, paragraph (c). 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 5.  Minnesota Statutes 2004, section 626.557, 
        subdivision 14, is amended to read: 
           Subd. 14.  [ABUSE PREVENTION PLANS.] (a) Each facility, 
        except home health agencies and personal care attendant services 
        providers, shall establish and enforce an ongoing written abuse 
        prevention plan.  The plan shall contain an assessment of the 
        physical plant, its environment, and its population identifying 
        factors which may encourage or permit abuse, and a statement of 
        specific measures to be taken to minimize the risk of abuse.  
        The plan shall comply with any rules governing the plan 
        promulgated by the licensing agency.  
           (b) Each facility, including a home health care agency and 
        personal care attendant services providers, shall develop an 
        individual abuse prevention plan for each vulnerable adult 
        residing there or receiving services from them.  The plan shall 
        contain an individualized assessment of:  (1) the person's 
        susceptibility to abuse by other individuals, including other 
        vulnerable adults,; (2) the person's risk of abusing other 
        vulnerable adults; and a statement (3) statements of the 
        specific measures to be taken to minimize the risk of abuse to 
        that person and other vulnerable adults.  For the purposes of 
        this clause paragraph, the term "abuse" includes self-abuse. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 6.  [REPEALER.] 
           Minnesota Statutes 2004, section 246.017, subdivision 1, is 
        repealed. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 

                                   ARTICLE 6
                       HUMAN SERVICES BACKGROUND STUDIES
           Section 1.  Minnesota Statutes 2004, section 245C.13, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DIRECT CONTACT PENDING COMPLETION OF BACKGROUND 
        STUDY.] Unless otherwise specified, the subject of a background 
        study may have direct contact with persons served by a program 
        after the background study form is mailed or submitted to the 
        commissioner pending notification of the study results under 
        section 245C.17. The subject of a background study may not 
        perform any activity requiring a background study under 
        paragraph (b) until the commissioner has issued one of the 
        notices under paragraph (a). 
           (a) Notices from the commissioner required prior to 
        activity under paragraph (b) include: 
           (1) a notice of the study results under section 245C.17 
        stating that: 
           (i) the individual is not disqualified; or 
           (ii) more time is needed to complete the study but the 
        individual is not required to be removed from direct contact or 
        access to people receiving services prior to completion of the 
        study as provided under section 245A.17, paragraph (c); 
           (2) a notice that a disqualification has been set aside 
        under section 245C.23; or 
           (3) a notice that a variance has been granted related to 
        the individual under section 245C.30. 
           (b) Activities prohibited prior to receipt of notice under 
        paragraph (a) include: 
           (1) being issued a license; 
           (2) living in the household where the licensed program will 
        be provided; 
           (3) providing direct contact services to persons served by 
        a program unless the subject is under continuous direct 
        supervision; or 
           (4) having access to persons receiving services if the 
        background study was completed under section 144.057, 
        subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause 
        (2), (5), or (6), unless the subject is under continuous direct 
        supervision. 
           Sec. 2.  Minnesota Statutes 2004, section 245C.15, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PERMANENT DISQUALIFICATION.] (a) An 
        individual is disqualified under section 245C.14 if:  (1) 
        regardless of how much time has passed since the discharge of 
        the sentence imposed for the offense; and (2) unless otherwise 
        specified, regardless of the level of the conviction, the 
        individual is convicted of any of the following offenses:  
        sections 609.185 (murder in the first degree); 609.19 (murder in 
        the second degree); 609.195 (murder in the third degree); 609.20 
        (manslaughter in the first degree); 609.205 (manslaughter in the 
        second degree); 609.221 or 609.222 (assault in the first or 
        second degree); a felony offense under sections 609.2242 and 
        609.2243 (domestic assault), spousal abuse, child abuse or 
        neglect, or a crime against children; 609.228 (great bodily harm 
        caused by distribution of drugs); 609.245 (aggravated robbery); 
        609.25 (kidnapping); 609.2661 (murder of an unborn child in the 
        first degree); 609.2662 (murder of an unborn child in the second 
        degree); 609.2663 (murder of an unborn child in the third 
        degree); 609.322 (solicitation, inducement, and promotion of 
        prostitution); a felony offense under 609.324, subdivision 1 
        (other prohibited acts); 609.342 (criminal sexual conduct in the 
        first degree); 609.343 (criminal sexual conduct in the second 
        degree); 609.344 (criminal sexual conduct in the third degree); 
        609.345 (criminal sexual conduct in the fourth degree); 609.3451 
        (criminal sexual conduct in the fifth degree); 609.3453 
        (criminal sexual predatory conduct); 609.352 (solicitation of 
        children to engage in sexual conduct); 609.365 (incest); a 
        felony offense under 609.377 (malicious punishment of a child); 
        a felony offense under 609.378 (neglect or endangerment of a 
        child); 609.561 (arson in the first degree); 609.66, subdivision 
        1e (drive-by shooting); 609.749, subdivision 3, 4, or 5 
        (felony-level harassment; stalking); 609.855, subdivision 5 
        (shooting at or in a public transit vehicle or facility); 
        617.246 (use of minors in sexual performance prohibited); or 
        617.247 (possession of pictorial representations of minors).  An 
        individual also is disqualified under section 245C.14 regardless 
        of how much time has passed since the involuntary termination of 
        the individual's parental rights under section 260C.301. 
           (b) An individual's attempt or conspiracy to commit any of 
        the offenses listed in paragraph (a), as each of these offenses 
        is defined in Minnesota Statutes, permanently disqualifies the 
        individual under section 245C.14. 
           (c) An individual's offense in any other state or country, 
        where the elements of the offense are substantially similar to 
        any of the offenses listed in paragraph (a), permanently 
        disqualifies the individual under section 245C.14. 
           Sec. 3.  Minnesota Statutes 2004, section 245C.17, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TIME FRAME FOR NOTICE OF STUDY RESULTS.] 
        (a) Within 15 working days after the commissioner's receipt of 
        the background study form, the commissioner shall notify the 
        individual who is the subject of the study in writing or by 
        electronic transmission of the results of the study or that more 
        time is needed to complete the study. 
           (b) Within 15 working days after the commissioner's receipt 
        of the background study form submitted on paper, the 
        commissioner shall notify the applicant, license holder, or 
        other entity as provided in this chapter in writing or by 
        electronic transmission of the results of the study or that more 
        time is needed to complete the study. 
           (c) Within three days after the commissioner's receipt of a 
        request for a background study submitted through the 
        commissioner's online system, the commissioner shall provide an 
        electronic notification to the applicant, license holder, or 
        other entity as provided in this chapter.  The electronic 
        notification shall disclose the results of the study or that 
        more time is needed to complete the study. 
           (d) When the commissioner has completed a prior background 
        study on an individual that resulted in an order for immediate 
        removal and more time is necessary to complete a subsequent 
        study, the notice that more time is needed that is issued under 
        paragraphs (a), (b), and (c) shall include an order for 
        immediate removal of the individual from any position allowing 
        direct contact with or access to people receiving services 
        pending completion of the background study. 
           Sec. 4.  Minnesota Statutes 2004, section 245C.17, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DISQUALIFICATION NOTICE SENT TO SUBJECT.] (a) If 
        the information in the study indicates the individual is 
        disqualified from direct contact with, or from access to, 
        persons served by the program, the commissioner shall disclose 
        to the individual studied: 
           (1) the information causing disqualification; 
           (2) instructions on how to request a reconsideration of the 
        disqualification; and 
           (3) an explanation of any restrictions on the 
        commissioner's discretion to set aside the disqualification 
        under section 245C.24, when applicable to the individual; 
           (4) a statement indicating that if the individual's 
        disqualification is set aside or the facility is granted a 
        variance under section 245C.30, the individual's identity and 
        the reason for the individual's disqualification will become 
        public data under section 245C.22, subdivision 7, when 
        applicable to the individual; and 
           (5) the commissioner's determination of the individual's 
        immediate risk of harm under section 245C.16. 
           (b) If the commissioner determines under section 245C.16 
        that an individual poses an imminent risk of harm to persons 
        served by the program where the individual will have direct 
        contact, the commissioner's notice must include an explanation 
        of the basis of this determination. 
           (c) If the commissioner determines under section 245C.16 
        that an individual studied does not pose a risk of harm that 
        requires continuous, direct supervision, the commissioner shall 
        only notify the individual of the disqualification immediate 
        removal, the individual shall be informed of the conditions 
        under which the agency that initiated the background study may 
        allow the individual to provide direct contact services as 
        provided under subdivision 3. 
           Sec. 5.  Minnesota Statutes 2004, section 245C.17, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DISQUALIFICATION NOTICE SENT TO APPLICANT, 
        LICENSE HOLDER, OR OTHER ENTITY.] (a) The commissioner shall 
        notify an applicant, license holder, or other entity as provided 
        in this chapter who is not the subject of the study: 
           (1) that the commissioner has found information that 
        disqualifies the individual studied from direct contact with, or 
        from access to, persons served by the program; and 
           (2) the commissioner's determination of the individual's 
        risk of harm under section 245C.16. 
           (b) If the commissioner determines under section 245C.16 
        that an individual studied poses an imminent risk of harm to 
        persons served by the program where the individual studied will 
        have direct contact, the commissioner shall order the license 
        holder to immediately remove the individual studied from direct 
        contact. 
           (c) If the commissioner determines under section 245C.16 
        that an individual studied poses a risk of harm that requires 
        continuous, direct supervision, the commissioner shall order the 
        applicant, license holder, or other entities as provided in this 
        chapter to: 
           (1) immediately remove the individual studied from direct 
        contact services; or 
           (2) before allowing the disqualified individual to provide 
        direct contact services, the applicant, license holder, or other 
        entity, as provided in this chapter, must: 
           (i) obtain from the disqualified individual a copy of the 
        individual's notice of disqualification from the commissioner 
        that explains the reason for disqualification; 
           (ii) assure ensure that the individual studied is under 
        continuous, direct supervision when providing direct contact 
        services during the period in which the individual may request a 
        reconsideration of the disqualification under section 245C.21; 
        and 
           (iii) ensure that the disqualified individual requests 
        reconsideration within 30 days of receipt of the notice of 
        disqualification. 
           (d) If the commissioner determines under section 245C.16 
        that an individual studied does not pose a risk of harm that 
        requires continuous, direct supervision, the commissioner shall 
        send the license holder a notice that more time is needed to 
        complete the individual's background study order the applicant, 
        license holder, or other entities as provided in this chapter to:
           (1) immediately remove the individual studied from direct 
        contact services; or 
           (2) before allowing the disqualified individual to provide 
        direct contact services, the applicant, license holder, or other 
        entity as provided in this chapter must:  
           (i) obtain from the disqualified individual a copy of the 
        individual's notice of disqualification from the commissioner 
        that explains the reason for disqualification; and 
           (ii) ensure that the disqualified individual requests 
        reconsideration within 15 days of receipt of the notice of 
        disqualification. 
           (e) The commissioner shall not notify the applicant, 
        license holder, or other entity as provided in this chapter of 
        the information contained in the subject's background study 
        unless: 
           (1) the basis for the disqualification is failure to 
        cooperate with the background study or substantiated 
        maltreatment under section 626.556 or 626.557; 
           (2) the Data Practices Act under chapter 13 provides for 
        release of the information; or 
           (3) the individual studied authorizes the release of the 
        information. 
           Sec. 6.  Minnesota Statutes 2004, section 245C.22, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [CLASSIFICATION OF CERTAIN DATA AS PUBLIC OR 
        PRIVATE.] (a) Notwithstanding section 13.46, upon setting aside 
        a disqualification under this section, the identity of the 
        disqualified individual who received the set aside and the 
        individual's disqualifying characteristics are public data if 
        the set aside was: 
           (1) for any disqualifying characteristic under section 
        245C.15, when the set aside relates to a child care center or a 
        family child care provider licensed under chapter 245A; or 
           (2) for a disqualifying characteristic under section 
        245C.15, subdivision 2. 
           (b) Notwithstanding section 13.46, upon granting a variance 
        to a license holder under section 245C.30, the identity of the 
        disqualified individual who is the subject of the variance, the 
        individual's disqualifying characteristics under section 
        245C.15, and the terms of the variance are public data, when the 
        variance: 
           (1) is issued to a child care center or a family child care 
        provider licensed under chapter 245A; or 
           (2) relates to an individual with a disqualifying 
        characteristic under section 245C.15, subdivision 2. 
           (c) The identity of a disqualified individual and the 
        reason for disqualification remain private data when: 
           (1) a disqualification is not set aside and no variance is 
        granted; 
           (2) the data are not public under paragraph (a) or (b); or 
           (3) the disqualification is rescinded because the 
        information relied upon to disqualify the individual is 
        incorrect. 
           (d) Licensed family day care providers and child care 
        centers must notify parents considering enrollment of a child or 
        parents of a child attending the family day care or child care 
        center if the program employs or has living in the home any 
        individual who is the subject of either a set aside or variance. 
           Sec. 7.  Minnesota Statutes 2004, section 245C.24, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERMANENT BAR TO SET ASIDE OF A 
        DISQUALIFICATION.] The commissioner may not set aside the 
        disqualification of an individual in connection with a 
        license to provide family child care for children, foster care 
        for children in the provider's home, or foster care or day care 
        services for adults in the provider's home, issued or in 
        application status under chapter 245A, regardless of how much 
        time has passed, if the provider was disqualified for a crime or 
        conduct listed in section 245C.15, subdivision 1. 

                                   ARTICLE 7 
                           METHAMPHETAMINE PROVISIONS
           Section 1.  [35.051] [EPHEDRINE AND PSEUDOEPHEDRINE 
        PRODUCTS.] 
           Subdivision 1.  [PRESCRIPTION REQUIRED.] Drugs and products 
        for any species of animal that contain ephedrine or 
        pseudoephedrine require a written prescription from a 
        veterinarian to be sold or distributed for lay use. 
           Subd. 2.  [SALE AND PURCHASE RESTRICTIONS.] A drug or 
        product for any species of animal containing ephedrine or 
        pseudoephedrine may only be dispensed, sold, or distributed by a 
        veterinarian or a veterinary assistant under the supervision or 
        direction of a veterinarian.  A person who is not a veterinarian 
        may not purchase a drug or product for animal consumption 
        containing ephedrine or pseudoephedrine without a prescription. 
           [EFFECTIVE DATE.] This section is effective on the 30th day 
        following final enactment, and applies to crimes committed on or 
        after that date.  
           Sec. 2.  Minnesota Statutes 2004, section 152.01, 
        subdivision 10, is amended to read: 
           Subd. 10.  [NARCOTIC DRUG.] "Narcotic drug" means any of 
        the following, whether produced directly or indirectly by 
        extraction from substances of vegetable origin, or independently 
        by means of chemical synthesis, or by a combination of 
        extraction and chemical synthesis: 
           (1) opium, coca leaves, and opiates, and methamphetamine; 
           (2) a compound, manufacture, salt, derivative, or 
        preparation of opium, coca leaves, or opiates, or 
        methamphetamine; 
           (3) a substance, and any compound, manufacture, salt, 
        derivative, or preparation thereof, which is chemically 
        identical with any of the substances referred to in clauses (1) 
        and (2), except that the words "narcotic drug" as used in this 
        chapter shall not include decocainized coca leaves or extracts 
        of coca leaves, which extracts do not contain cocaine or 
        ecgonine. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 3.  Minnesota Statutes 2004, section 152.02, 
        subdivision 6, is amended to read: 
           Subd. 6.  [SCHEDULE V; RESTRICTIONS ON METHAMPHETAMINE 
        PRECURSOR DRUGS.] (a) As used in this subdivision, the following 
        terms have the meanings given:  
           (1) "methamphetamine precursor drug" means any compound, 
        mixture, or preparation intended for human consumption 
        containing ephedrine or pseudoephedrine as its sole active 
        ingredient or as one of its active ingredients; and 
           (2) "over-the-counter sale" means a retail sale of a drug 
        or product but does not include the sale of a drug or product 
        pursuant to the terms of a valid prescription.  
           (b) The following items are listed in Schedule V: 
           (1) any compound, mixture, or preparation containing any of 
        the following limited quantities of narcotic drugs, which shall 
        include one or more nonnarcotic active medicinal ingredients in 
        sufficient proportion to confer upon the compound, mixture or 
        preparation valuable medicinal qualities other than those 
        possessed by the narcotic drug alone;:  
           (1) (i) not more than 100 milligrams of dihydrocodeine per 
        100 milliliters or per 100 grams.; 
           (2) (ii) not more than 100 milligrams of ethylmorphine per 
        100 milliliters or per 100 grams.; 
           (3) (iii) not more than 2.5 milligrams of diphenoxylate and 
        not less than 25 micrograms of atropine sulfate per dosage 
        unit.; or 
           (4) (iv) not more than 15 milligrams of anhydrous morphine 
        per 100 milliliters or per 100 grams; and 
           (2) any compound, mixture, or preparation containing 
        ephedrine or pseudoephedrine as its sole active ingredient or as 
        one of its active ingredients. 
           (c) No person may sell in a single over-the-counter sale 
        more than two packages of a methamphetamine precursor drug or a 
        combination of methamphetamine precursor drugs or any 
        combination of packages exceeding a total weight of six grams. 
           (d) Over-the-counter sales of methamphetamine precursor 
        drugs are limited to: 
           (1) packages containing not more than a total of three 
        grams of one or more methamphetamine precursor drugs, calculated 
        in terms of ephedrine base or pseudoephedrine base; or 
           (2) for nonliquid products, sales in blister packs, where 
        each blister contains not more than two dosage units, or, if the 
        use of blister packs is not technically feasible, sales in unit 
        dose packets or pouches.  
           (e) A business establishment that offers for sale 
        methamphetamine precursor drugs in an over-the-counter sale 
        shall ensure that all packages of the drugs are displayed behind 
        a checkout counter where the public is not permitted and are 
        offered for sale only by a licensed pharmacist, a registered 
        pharmacy technician, or a pharmacy clerk.  The establishment 
        shall ensure that the person making the sale requires the buyer: 
           (1) to provide photographic identification showing the 
        buyer's date of birth; and 
           (2) to sign a written or electronic document detailing the 
        date of the sale, the name of the buyer, and the amount of the 
        drug sold.  Nothing in this paragraph requires the buyer to 
        obtain a prescription for the drug's purchase.  
           (f) No person may acquire through over-the-counter sales 
        more than six grams of methamphetamine precursor drugs within a 
        30-day period.  
           (g) No person may sell in an over-the-counter sale a 
        methamphetamine precursor drug to a person under the age of 18 
        years.  It is an affirmative defense to a charge under this 
        paragraph if the defendant proves by a preponderance of the 
        evidence that the defendant reasonably and in good faith relied 
        on proof of age as described in section 340A.503, subdivision 6. 
           (h) A person who knowingly violates paragraph (c), (d), 
        (e), (f), or (g) is guilty of a misdemeanor and may be sentenced 
        to imprisonment for not more than 90 days, or to payment of a 
        fine of not more than $1,000, or both. 
           (i) An owner, operator, supervisor, or manager of a 
        business establishment that offers for sale methamphetamine 
        precursor drugs whose employee or agent is convicted of or 
        charged with violating paragraph (c), (d), (e), (f), or (g) is 
        not subject to the criminal penalties for violating any of those 
        paragraphs if the person: 
           (1) did not have prior knowledge of, participate in, or 
        direct the employee or agent to commit the violation; and 
           (2) documents that an employee training program was in 
        place to provide the employee or agent with information on the 
        state and federal laws and regulations regarding methamphetamine 
        precursor drugs. 
           (j) Any person employed by a business establishment that 
        offers for sale methamphetamine precursor drugs who sells such a 
        drug to any person in a suspicious transaction shall report the 
        transaction to the owner, supervisor, or manager of the 
        establishment.  The owner, supervisor, or manager may report the 
        transaction to local law enforcement.  A person who reports 
        information under this subdivision in good faith is immune from 
        civil liability relating to the report. 
           (k) Paragraphs (c) to (j) do not apply to: 
           (1) pediatric products labeled pursuant to federal 
        regulation primarily intended for administration to children 
        under 12 years of age according to label instructions; 
           (2) methamphetamine precursor drugs that are certified by 
        the Board of Pharmacy as being manufactured in a manner that 
        prevents the drug from being used to manufacture 
        methamphetamine; 
           (3) methamphetamine precursor drugs in gel capsule or 
        liquid form; or 
           (4) compounds, mixtures, or preparations in powder form 
        where pseudoephedrine constitutes less than one percent of its 
        total weight and is not its sole active ingredient.  
           (l) The Board of Pharmacy, in consultation with the 
        Department of Public Safety, shall certify methamphetamine 
        precursor drugs that meet the requirements of paragraph (k), 
        clause (2), and publish an annual listing of these drugs.  
           (m) Wholesale drug distributors licensed and regulated by 
        the Board of Pharmacy pursuant to sections 151.42 to 151.51 and 
        registered with and regulated by the United States Drug 
        Enforcement Administration are exempt from the methamphetamine 
        precursor drug storage requirements of this section. 
           (n) This section preempts all local ordinances or 
        regulations governing the sale by a business establishment of 
        over-the-counter products containing ephedrine or 
        pseudoephedrine.  All ordinances enacted prior to the effective 
        date of this act are void. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 4.  Minnesota Statutes 2004, section 152.02, is 
        amended by adding a subdivision to read: 
           Subd. 8a.  [METHAMPHETAMINE PRECURSORS.] The State Board of 
        Pharmacy may, by order, require that non-prescription ephedrine 
        or pseudophedrine products sold in gel capsule or liquid form be 
        subject to the sale restrictions established in subdivision 6 
        for methamphetamine precursor drugs, if the board concludes that 
        ephedrine or pseudophedrine products in gel capsule or liquid 
        form can be used to manufacture methamphetamine.  In assessing 
        the need for an order under this subdivision, the board shall 
        consult at least annually with the advisory council on 
        controlled substances, the commissioner of public safety, and 
        the commissioner of health. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 5.  Minnesota Statutes 2004, section 152.021, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [METHAMPHETAMINE MANUFACTURE CRIMES CRIME; 
        POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE 
        METHAMPHETAMINE CRIME.] (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 a 
        crime 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 includes any of the following substances, or any 
        similar substances that can be used to manufacture 
        methamphetamine, or their the salts, isomers, and salts of 
        isomers of a listed or similar substance: 
           (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 August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 6.  Minnesota Statutes 2004, 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 ten years or to payment of a fine of not 
        more than $5,000 $20,000, 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 15 years or to payment of a fine of not more than 
        $5,000 $30,000, 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, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 7.  Minnesota Statutes 2004, section 152.027, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SALE OF SCHEDULE V CONTROLLED SUBSTANCE.] 
        Except as provided in section 152.02, subdivision 6, a person 
        who unlawfully sells one or more mixtures containing a 
        controlled substance classified in schedule V may be sentenced 
        to imprisonment for not more than one year or to payment of a 
        fine of not more than $3,000, or both. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 8.  Minnesota Statutes 2004, section 152.027, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POSSESSION OF SCHEDULE V CONTROLLED SUBSTANCE.] 
        Except as provided in section 152.02, subdivision 6, a person 
        who unlawfully possesses one or more mixtures containing a 
        controlled substance classified in schedule V may be sentenced 
        to imprisonment for not more than one year or to payment of a 
        fine of not more than $3,000, or both.  The court may order that 
        a person who is convicted under this subdivision and placed on 
        probation be required to take part in a drug education program 
        as specified by the court. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 9.  [152.0275] [CERTAIN CONTROLLED SUBSTANCE OFFENSES; 
        RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.] 
           Subdivision 1.  [RESTITUTION.] (a) As used in this 
        subdivision: 
           (1) "clandestine lab site" means any structure or 
        conveyance or outdoor location occupied or affected by 
        conditions or chemicals typically associated with the 
        manufacturing of methamphetamine; 
           (2) "emergency response" includes, but is not limited to, 
        removing and collecting evidence, securing the site, removal, 
        remediation, and hazardous chemical assessment or inspection of 
        the site where the relevant offense or offenses took place, 
        regardless of whether these actions are performed by the public 
        entities themselves or by private contractors paid by the public 
        entities, or the property owner; 
           (3) "remediation" means proper cleanup, treatment, or 
        containment of hazardous substances or methamphetamine at or in 
        a clandestine lab site, and may include demolition or disposal 
        of structures or other property when an assessment so indicates; 
        and 
           (4) "removal" means the removal from the clandestine lab 
        site of precursor or waste chemicals, chemical containers, or 
        equipment associated with the manufacture, packaging, or storage 
        of illegal drugs. 
           (b) A court may require a person convicted of manufacturing 
        or attempting to manufacture a controlled substance or of an 
        illegal activity involving a precursor substance, where the 
        response to the crime involved an emergency response, to pay 
        restitution to all public entities that participated in the 
        response.  The restitution ordered may cover the reasonable 
        costs of their participation in the response.  
           (c) In addition to the restitution authorized in paragraph 
        (b), a court may require a person convicted of manufacturing or 
        attempting to manufacture a controlled substance or of illegal 
        activity involving a precursor substance to pay restitution to a 
        property owner who incurred removal or remediation costs because 
        of the crime. 
           Subd. 2.  [PROPERTY-RELATED PROHIBITIONS; NOTICE; WEB 
        SITE.] (a) As used in this subdivision: 
           (1) "clandestine lab site" has the meaning given in 
        subdivision 1, paragraph (a); 
           (2) "property" means publicly or privately owned real 
        property including buildings and other structures, motor 
        vehicles as defined in section 609.487, subdivision 2a, public 
        waters, and public rights-of-way; 
           (3) "remediation" has the meaning given in subdivision 1, 
        paragraph (a); and 
           (4) "removal" has the meaning given in subdivision 1, 
        paragraph (a).  
           (b) A peace officer who arrests a person at a clandestine 
        lab site shall notify the appropriate county or local health 
        department, state duty officer, and child protection services of 
        the arrest and the location of the site.  
           (c) A county or local health department or sheriff shall 
        order that any property or portion of a property that has been 
        found to be a clandestine lab site and contaminated by 
        substances, chemicals, or items of any kind used in the 
        manufacture of methamphetamine or any part of the manufacturing 
        process, or the by-products or degradates of manufacturing 
        methamphetamine be prohibited from being occupied or used until 
        it has been assessed and remediated as provided in the 
        Department of Health's clandestine drug labs general cleanup 
        guidelines.  The remediation shall be accomplished by a 
        contractor who will make the verification required under 
        paragraph (e). 
           (d) Unless clearly inapplicable, the procedures specified 
        in chapter 145A and any related rules adopted under that chapter 
        addressing the enforcement of public health laws, the removal 
        and abatement of public health nuisances, and the remedies 
        available to property owners or occupants apply to this 
        subdivision.  
           (e) Upon the proper removal and remediation of any property 
        used as a clandestine lab site, the contractor shall verify to 
        the property owner and the applicable authority that issued the 
        order under paragraph (c) that the work was completed according 
        to the Department of Health's clandestine drug labs general 
        cleanup guidelines and best practices.  The contractor shall 
        provide the verification to the property owner and the 
        applicable authority within five days from the completion of the 
        remediation.  Following this, the applicable authority shall 
        vacate its order.  
           (f) If a contractor issues a verification and the property 
        was not remediated according to the Department of Health's 
        clandestine drug labs general cleanup guidelines, the contractor 
        is liable to the property owner for the additional costs 
        relating to the proper remediation of the property according to 
        the guidelines and for reasonable attorney fees for collection 
        of costs by the property owner.  An action under this paragraph 
        must be commenced within six years from the date on which the 
        verification was issued by the contractor. 
           (g) If the applicable authority determines under paragraph 
        (c) that a motor vehicle has been contaminated by substances, 
        chemicals, or items of any kind used in the manufacture of 
        methamphetamine or any part of the manufacturing process, or the 
        by-products or degradates of manufacturing methamphetamine and 
        if the authority is able to obtain the certificate of title for 
        the motor vehicle, the authority shall notify the registrar of 
        motor vehicles of this fact and in addition, forward the 
        certificate of title to the registrar.  The authority shall also 
        notify the registrar when it vacates its order under paragraph 
        (e). 
           (h) The applicable authority issuing an order under 
        paragraph (c) shall record with the county recorder or registrar 
        of titles of the county where the clandestine lab is located an 
        affidavit containing the name of the owner, a legal description 
        of the property where the clandestine lab was located, and a map 
        drawn from available information showing the boundary of the 
        property and the location of the contaminated area on the 
        property that is prohibited from being occupied or used that 
        discloses to any potential transferee: 
           (1) that the property, or portion of the property, was the 
        site of a clandestine lab; 
           (2) the location, condition, and circumstances of the 
        clandestine lab, to the full extent known or reasonably 
        ascertainable; and 
           (3) that the use of the property or some portion of it may 
        be restricted as provided by paragraph (c). 
        If an inaccurate drawing or description is filed, the authority, 
        on request of the owner or another interested person, shall file 
        a supplemental affidavit with a corrected drawing or description.
        If the authority vacates its order under paragraph (e), the 
        authority shall record an affidavit that contains the recording 
        information of the above affidavit and states that the order is 
        vacated.  Upon filing the affidavit vacating the order, the 
        affidavit and the affidavit filed under this paragraph, together 
        with the information set forth in the affidavits, cease to 
        constitute either actual or constructive notice. 
           (i) If proper removal and remediation has occurred on the 
        property, an interested party may record an affidavit indicating 
        that this has occurred.  Upon filing the affidavit described in 
        this paragraph, the affidavit and the affidavit filed under 
        paragraph (g), together with the information set forth in the 
        affidavits, cease to constitute either actual or constructive 
        notice.  Failure to record an affidavit under this section does 
        not affect or prevent any transfer of ownership of the property. 
           (j) The county recorder or registrar of titles must record 
        all affidavits presented under paragraph (g) or (h) in a manner 
        that assures their disclosure in the ordinary course of a title 
        search of the subject property.  
           (k) The commissioner of health shall post on the Internet 
        contact information for each local community health services 
        administrator.  
           (l) Each local community health services administrator 
        shall maintain information related to property within the 
        administrator's jurisdiction that is currently or was previously 
        subject to an order issued under paragraph (c).  The information 
        maintained must include the name of the owner, the location of 
        the property, the extent of the contamination, the status of the 
        removal and remediation work on the property, and whether the 
        order has been vacated.  The administrator shall make this 
        information available to the public either upon request or by 
        other means. 
           (m) Before signing an agreement to sell or transfer real 
        property, the seller or transferor must disclose in writing to 
        the buyer or transferee if, to the seller's or transferor's 
        knowledge, methamphetamine production has occurred on the 
        property.  If methamphetamine production has occurred on the 
        property, the disclosure shall include a statement to the buyer 
        or transferee informing the buyer or transferee: 
           (1) whether an order has been issued on the property as 
        described in paragraph (c); 
           (2) whether any orders issued against the property under 
        paragraph (c) have been vacated under paragraph (i); or 
           (3) if there was no order issued against the property and 
        the seller or transferor is aware that methamphetamine 
        production has occurred on the property, the status of removal 
        and remediation on the property.  
           (n) Unless the buyer or transferee and seller or transferor 
        agree to the contrary in writing before the closing of the sale, 
        a seller or transferor who fails to disclose, to the best of 
        their knowledge, at the time of sale any of the facts required, 
        and who knew or had reason to know of methamphetamine production 
        on the property, is liable to the buyer or transferee for: 
           (1) costs relating to remediation of the property according 
        to the Department of Health's clandestine drug labs general 
        cleanup guidelines and best practices; and 
           (2) reasonable attorney fees for collection of costs from 
        the seller or transferor.  
        An action under this paragraph must be commenced within six 
        years after the date on which the buyer or transferee closed the 
        purchase or transfer of the real property where the 
        methamphetamine production occurred.  
           (o) This section preempts all local ordinances relating to 
        the sale or transfer of real property designated as a 
        clandestine lab site. 
           [EFFECTIVE DATE.] This section is effective January 1, 
        2006, and applies to crimes committed on or after that date. 
           Sec. 10.  Minnesota Statutes 2004, section 152.135, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXCEPTIONS.] (a) A drug product containing 
        ephedrine, its salts, optical isomers, and salts of optical 
        isomers is exempt from subdivision 1 if the drug product: 
           (1) may be lawfully sold over the counter without a 
        prescription under the federal Food, Drug, and Cosmetic Act, 
        United States Code, title 21, section 321, et seq.; 
           (2) is labeled and marketed in a manner consistent with the 
        pertinent OTC Tentative Final or Final Monograph; 
           (3) is manufactured and distributed for legitimate 
        medicinal use in a manner that reduces or eliminates the 
        likelihood of abuse; 
           (4) is not marketed, advertised, or labeled for the 
        indication of stimulation, mental alertness, weight loss, muscle 
        enhancement, appetite control, or energy; and 
           (5) is in solid oral dosage forms, including soft gelatin 
        caplets, that combine 400 milligrams of guaifenesin and 25 
        milligrams of ephedrine per dose, according to label 
        instructions; or is an anorectal preparation containing not more 
        than five percent ephedrine; and 
           (6) is sold in a manner that does not conflict with section 
        152.02, subdivision 6. 
           (b) Subdivisions 1 and 3 shall not apply to products 
        containing ephedra or ma huang and lawfully marketed as dietary 
        supplements under federal law.  
           [EFFECTIVE DATE.] This section is effective on the 30th day 
        following final enactment, and applies to crimes committed on or 
        after that date. 
           Sec. 11.  [152.136] [ANHYDROUS AMMONIA; PROHIBITED CONDUCT; 
        CRIMINAL PENALTIES; CIVIL LIABILITY.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section, 
        "tamper" means action taken by a person not authorized to take 
        that action by law or by the owner or authorized custodian of an 
        anhydrous ammonia container or of equipment where anhydrous 
        ammonia is used, stored, distributed, or transported. 
           Subd. 2.  [PROHIBITED CONDUCT.] (a) A person may not: 
           (1) steal or unlawfully take or carry away any amount of 
        anhydrous ammonia; 
           (2) purchase, possess, transfer, or distribute any amount 
        of anhydrous ammonia, knowing, or having reason to know, that it 
        will be used to unlawfully manufacture a controlled substance; 
           (3) place, have placed, or possess anhydrous ammonia in a 
        container that is not designed, constructed, maintained, and 
        authorized to contain or transport anhydrous ammonia; 
           (4) transport anhydrous ammonia in a container that is not 
        designed, constructed, maintained, and authorized to transport 
        anhydrous ammonia; 
           (5) use, deliver, receive, sell, or transport a container 
        designed and constructed to contain anhydrous ammonia without 
        the express consent of the owner or authorized custodian of the 
        container; or 
           (6) tamper with any equipment or facility used to contain, 
        store, or transport anhydrous ammonia.  
           (b) For the purposes of this subdivision, containers 
        designed and constructed for the storage and transport of 
        anhydrous ammonia are described in rules adopted under section 
        18C.121, subdivision 1, or in Code of Federal Regulations, title 
        49.  
           Subd. 3.  [NO CAUSE OF ACTION.] (a) Except as provided in 
        paragraph (b), a person tampering with anhydrous ammonia 
        containers or equipment under subdivision 2 shall have no cause 
        of action for damages arising out of the tampering against: 
           (1) the owner or lawful custodian of the container or 
        equipment; 
           (2) a person responsible for the installation or 
        maintenance of the container or equipment; or 
           (3) a person lawfully selling or offering for sale the 
        anhydrous ammonia.  
           (b) Paragraph (a) does not apply to a cause of action 
        against a person who unlawfully obtained the anhydrous ammonia 
        or anhydrous ammonia container or who possesses the anhydrous 
        ammonia or anhydrous ammonia container for any unlawful purpose. 
           Subd. 4.  [CRIMINAL PENALTY.] A person who knowingly 
        violates subdivision 2 is guilty of a felony and may be 
        sentenced to imprisonment for not more than five years or to 
        payment of a fine of not more than $50,000, or both.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 12.  [152.137] [METHAMPHETAMINE-RELATED CRIMES 
        INVOLVING CHILDREN AND VULNERABLE ADULTS.] 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given. 
           (b) "Chemical substance" means a substance intended to be 
        used as a precursor in the manufacture of methamphetamine or any 
        other chemical intended to be used in the manufacture of 
        methamphetamine. 
           (c) "Child" means any person under the age of 18 years. 
           (d) "Methamphetamine paraphernalia" means all equipment, 
        products, and materials of any kind that are used, intended for 
        use, or designed for use in manufacturing, injecting, ingesting, 
        inhaling, or otherwise introducing methamphetamine into the 
        human body. 
           (e) "Methamphetamine waste products" means substances, 
        chemicals, or items of any kind used in the manufacture of 
        methamphetamine or any part of the manufacturing process, or the 
        by-products or degradates of manufacturing methamphetamine.  
           (f) "Vulnerable adult" has the meaning given in section 
        609.232, subdivision 11. 
           Subd. 2.  [PROHIBITED CONDUCT.] (a) No person may knowingly 
        engage in any of the following activities in the presence of a 
        child or vulnerable adult; in the residence of a child or a 
        vulnerable adult; in a building, structure, conveyance, or 
        outdoor location where a child or vulnerable adult might 
        reasonably be expected to be present; in a room offered to the 
        public for overnight accommodation; or in any multiple unit 
        residential building: 
           (1) manufacturing or attempting to manufacture 
        methamphetamine; 
           (2) storing any chemical substance; 
           (3) storing any methamphetamine waste products; or 
           (4) storing any methamphetamine paraphernalia. 
           (b) No person may knowingly cause or permit a child or 
        vulnerable adult to inhale, be exposed to, have contact with, or 
        ingest methamphetamine, a chemical substance, or methamphetamine 
        paraphernalia. 
           Subd. 3.  [CRIMINAL PENALTY.] A person who violates 
        subdivision 2 is guilty of a felony and may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both. 
           Subd. 4.  [MULTIPLE SENTENCES.] Notwithstanding sections 
        609.035 and 609.04, a prosecution for or conviction under this 
        section is not a bar to conviction of or punishment for any 
        other crime committed by the defendant as part of the same 
        conduct. 
           Subd. 5.  [PROTECTIVE CUSTODY.] A peace officer may take 
        any child present in an area where any of the activities 
        described in subdivision 2, paragraph (a), clauses (1) to (4), 
        are taking place into protective custody in accordance with 
        section 260C.175, subdivision 1, paragraph (b), clause (2).  A 
        child taken into protective custody under this subdivision shall 
        be provided health screening to assess potential health concerns 
        related to methamphetamine as provided in section 260C.188.  A 
        child not taken into protective custody under this subdivision 
        but who is known to have been exposed to methamphetamine shall 
        be offered health screening for potential health concerns 
        related to methamphetamine as provided in section 260C.188. 
           Subd. 6.  [REPORTING MALTREATMENT OF VULNERABLE ADULT.] (a) 
        A peace officer shall make a report of suspected maltreatment of 
        a vulnerable adult if the vulnerable adult is present in an area 
        where any of the activities described in subdivision 2, 
        paragraph (a), clauses (1) to (4), are taking place, and the 
        peace officer has reason to believe the vulnerable adult 
        inhaled, was exposed to, had contact with, or ingested 
        methamphetamine, a chemical substance, or methamphetamine 
        paraphernalia.  The peace officer shall immediately report to 
        the county common entry point as described in section 626.557, 
        subdivision 9b.  
           (b) As required in section 626.557, subdivision 9b, law 
        enforcement is the primary agency to conduct investigations of 
        any incident when 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 section 626.557, 
        subdivision 12b, paragraph (g).  County adult protection shall 
        initiate a response immediately.  
           (c) The county social services agency shall immediately 
        respond as required in section 626.557, subdivision 10, upon 
        receipt of a report from the common entry point staff. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 13.  Minnesota Statutes 2004, section 168A.05, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTENT OF CERTIFICATE.] Each certificate of 
        title issued by the department shall contain: 
           (1) the date issued; 
           (2) the first, middle, and last names, the dates of birth, 
        and addresses of all owners who are natural persons, the full 
        names and addresses of all other owners; 
           (3) the names and addresses of any secured parties in the 
        order of priority as shown on the application, or if the 
        application is based on a certificate of title, as shown on the 
        certificate, or as otherwise determined by the department; 
           (4) any liens filed pursuant to a court order or by a 
        public agency responsible for child support enforcement against 
        the owner; 
           (5) the title number assigned to the vehicle; 
           (6) a description of the vehicle including, so far as the 
        following data exists, its make, model, year, identifying 
        number, type of body, whether new or used, and if a new vehicle, 
        the date of the first sale of the vehicle for use; 
           (7) with respect to motor vehicles subject to the 
        provisions of section 325E.15, the true cumulative mileage 
        registered on the odometer or that the actual mileage is unknown 
        if the odometer reading is known by the owner to be different 
        from the true mileage; 
           (8) with respect to vehicles subject to sections 325F.6641 
        and 325F.6642, the appropriate term "flood damaged," "rebuilt," 
        "prior salvage," or "reconstructed"; and 
           (9) with respect to a vehicle contaminated by 
        methamphetamine production, if the registrar has received the 
        certificate of title and notice described in section 152.0275, 
        subdivision 2, paragraph (g), the term "hazardous waste 
        contaminated vehicle"; and 
           (10) any other data the department prescribes. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 14.  Minnesota Statutes 2004, section 260C.171, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [NOTICE TO SCHOOL.] (a) As used in this 
        subdivision, the following terms have the meanings given.  
        "Chemical substance," "methamphetamine paraphernalia," and 
        "methamphetamine waste products" have the meanings given in 
        section 152.137, subdivision 1.  "School" means a charter school 
        or a school as defined in section 120A.22, subdivision 4, except 
        a home school.  
           (b) If a child has been taken into protective custody after 
        being found in an area where methamphetamine was being 
        manufactured or attempted to be manufactured or where any 
        chemical substances, methamphetamine paraphernalia, or 
        methamphetamine waste products were stored, and the child is 
        enrolled in school, the officer who took the child into custody 
        shall notify the chief administrative officer of the child's 
        school of this fact.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to acts occurring on or after that date.  
           Sec. 15.  [446A.083] [METHAMPHETAMINE LABORATORY CLEANUP 
        REVOLVING ACCOUNT.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (1) "clandestine lab site" has the meaning given in section 
        152.0275, subdivision 1, paragraph (a); 
           (2) "property" has the meaning given in section 152.0275, 
        subdivision 2, paragraph (a), but does not include motor 
        vehicles; and 
           (3) "remediate" has the meaning given to remediation in 
        section 152.0275, subdivision 1, paragraph (a).  
           Subd. 2.  [ACCOUNT ESTABLISHED.] The authority shall 
        establish a methamphetamine laboratory cleanup revolving account 
        in the public facility authority fund to provide loans to 
        counties and cities to remediate clandestine lab sites.  The 
        account must be credited with repayments.  
           Subd. 3.  [APPLICATIONS.] Applications by a county or city 
        for a loan from the account must be made to the authority on the 
        forms prescribed by the authority.  The application must 
        include, but is not limited to:  
           (1) the amount of the loan requested and the proposed use 
        of the loan proceeds; 
           (2) the source of revenues to repay the loan; and 
           (3) certification by the county or city that it meets the 
        loan eligibility requirements of subdivision 4.  
           Subd. 4.  [LOAN ELIGIBILITY.] A county or city is eligible 
        for a loan under this section if the county or city: 
           (1) identifies a site or sites designated by a local public 
        health department or law enforcement as a clandestine lab site; 
           (2) has required the site's property owner to remediate the 
        site at cost, under a local public health nuisance ordinance 
        that addresses clandestine lab remediation; 
           (3) certifies that the property owner cannot pay for the 
        remediation immediately; 
           (4) certifies that the property owner has not properly 
        remediated the site; and 
           (5) issues a revenue bond, secured as provided in 
        subdivision 8, payable to the authority to secure the loan.  
           Subd. 5.  [USE OF LOAN PROCEEDS; REIMBURSEMENT BY PROPERTY 
        OWNER.] (a) A loan recipient shall use the loan to remediate the 
        clandestine lab site or if this has already been done to 
        reimburse the applicable county or city fund for costs paid by 
        the recipient to remediate the clandestine lab site.  
           (b) A loan recipient shall seek reimbursement from the 
        owner of the property containing the clandestine lab site for 
        the costs of the remediation.  In addition to other lawful means 
        of seeking reimbursement, the loan recipient may recover its 
        costs through a property tax assessment by following the 
        procedures specified in section 145A.08, subdivision 2, 
        paragraph (c).  
           (c) A mortgagee is not responsible for cleanup costs under 
        this section solely because the mortgagee becomes an owner of 
        real property through foreclosure of the mortgage or by receipt 
        of the deed to the mortgaged property in lieu of foreclosure. 
           Subd. 6.  [AWARD AND DISBURSEMENT OF FUNDS.] The authority 
        shall award loans to recipients on a first-come, first-served 
        basis, provided that the recipient is able to comply with the 
        terms and conditions of the authority loan, which must be in 
        conformance with this section.  The authority shall make a 
        single disbursement of the loan upon receipt of a payment 
        request that includes a list of remediation expenses and 
        evidence that a second-party sampling was undertaken to ensure 
        that the remediation work was successful or a guarantee that 
        such a sampling will be undertaken.  
           Subd. 7.  [LOAN CONDITIONS AND TERMS.] (a) When making 
        loans from the revolving account, the authority shall comply 
        with the criteria in paragraphs (b) to (e).  
           (b) Loans must be made at a two percent per annum interest 
        rate for terms not to exceed ten years unless the recipient 
        requests a 20-year term due to financial hardship. 
           (c) The annual principal and interest payments must begin 
        no later than one year after completion of the clean up.  Loans 
        must be amortized no later than 20 years after completion of the 
        clean up.  
           (d) A loan recipient must identify and establish a source 
        of revenue for repayment of the loan and must undertake whatever 
        steps are necessary to collect payments within one year of 
        receipt of funds from the authority.  
           (e) The account must be credited with all payments of 
        principal and interest on all loans, except the costs as 
        permitted under section 446A.04, subdivision 5, paragraph (a). 
           (f) Loans must be made only to recipients with clandestine 
        lab ordinances that address remediation.  
           Subd. 8.  [AUTHORITY TO INCUR DEBT.] Counties and cities 
        may incur debt under this section by resolution of the board or 
        council authorizing issuance of a revenue bond to the 
        authority.  The county or city may secure and pay the revenue 
        bond only with proceeds derived from the property containing the 
        clandestine lab site, including assessments and charges under 
        section 145A.08, subdivision 2, paragraph (c), payments by the 
        property owner, or similar revenues. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005.  
           Sec. 16.  Minnesota Statutes 2004, section 609.1095, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given.  
           (b) "Conviction" means any of the following accepted and 
        recorded by the court:  a plea of guilty, a verdict of guilty by 
        a jury, or a finding of guilty by the court.  The term includes 
        a conviction by any court in Minnesota or another jurisdiction.  
           (c) "Prior conviction" means a conviction that occurred 
        before the offender committed the next felony resulting in a 
        conviction and before the offense for which the offender is 
        being sentenced under this section. 
           (d) "Violent crime" means a violation of or an attempt or 
        conspiracy to violate any of the following laws of this state or 
        any similar laws of the United States or any other state:  
        section sections 152.137; 609.165; 609.185; 609.19; 609.195; 
        609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 
        609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 
        609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 
        609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 
        609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 
        1e; 609.687; and 609.855, subdivision 5; any provision of 
        sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is 
        punishable by a felony penalty; or any provision of chapter 152 
        that is punishable by a maximum sentence of 15 years or more. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 17.  Minnesota Statutes 2004, section 617.81, 
        subdivision 4, is amended to read: 
           Subd. 4.  [NOTICE.] (a) If a prosecuting attorney has 
        reason to believe that a nuisance is maintained or permitted in 
        the jurisdiction the prosecuting attorney serves, and intends to 
        seek abatement of the nuisance, the prosecuting attorney shall 
        provide the written notice described in paragraph (b), by 
        personal service or certified mail, return receipt requested, to 
        the owner and all interested parties known to the prosecuting 
        attorney. 
           (b) The written notice must: 
           (1) state that a nuisance as defined in subdivision 2 is 
        maintained or permitted in the building and must specify the 
        kind or kinds of nuisance being maintained or permitted; 
           (2) summarize the evidence that a nuisance is maintained or 
        permitted in the building, including the date or dates on which 
        nuisance-related activity or activities are alleged to have 
        occurred; 
           (3) inform the recipient that failure to abate the conduct 
        constituting the nuisance or to otherwise resolve the matter 
        with the prosecuting attorney within 30 days of service of the 
        notice may result in the filing of a complaint for relief in 
        district court that could, among other remedies, result in 
        enjoining the use of the building for any purpose for one year 
        or, in the case of a tenant, could result in cancellation of the 
        lease; and 
           (4) inform the owner of the options available under section 
        617.85. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to acts committed on or after that date. 
           Sec. 18.  Minnesota Statutes 2004, section 617.85, is 
        amended to read: 
           617.85 [NUISANCE; MOTION TO CANCEL LEASE.] 
           Where notice is provided under section 617.81, subdivision 
        4, that an abatement of a nuisance is sought and the 
        circumstances that are the basis for the requested abatement 
        involved the acts of a commercial or residential tenant or 
        lessee of part or all of a building, the owner of the building 
        that is subject to the abatement proceeding may file before the 
        court that has jurisdiction over the abatement proceeding a 
        motion to cancel the lease or otherwise secure restitution of 
        the premises from the tenant or lessee who has maintained or 
        conducted the nuisance.  The owner may assign to the prosecuting 
        attorney the right to file this motion.  In addition to the 
        grounds provided in chapter 566, the maintaining or conducting 
        of a nuisance as defined in section 617.81, subdivision 2, by a 
        tenant or lessee, is an additional ground authorized by law for 
        seeking the cancellation of a lease or the restitution of the 
        premises.  Service of motion brought under this section must be 
        served in a manner that is sufficient under the Rules of Civil 
        Procedure and chapter 566. 
           It is no defense to a motion under this section by the 
        owner or the prosecuting attorney that the lease or other 
        agreement controlling the tenancy or leasehold does not provide 
        for eviction or cancellation of the lease upon the ground 
        provided in this section. 
           Upon a finding by the court that the tenant or lessee has 
        maintained or conducted a nuisance in any portion of the 
        building, the court shall order cancellation of the lease or 
        tenancy and grant restitution of the premises to the owner.  The 
        court must not order abatement of the premises if the court:  
           (a) cancels a lease or tenancy and grants restitution of 
        that portion of the premises to the owner; and 
           (b) further finds that the act or acts constituting the 
        nuisance as defined in section 617.81, subdivision 2, were 
        committed by the tenant or lessee whose lease or tenancy has 
        been canceled pursuant to this section and the tenant or lessee 
        was not committing the act or acts in conjunction with or under 
        the control of the owner. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to acts committed on or after that date. 
           Sec. 19.  [DEVELOPMENT OF COMPUTER SYSTEM; REPORT.] 
           The commissioner of public safety shall study the 
        feasability of a centralized computer or electronic system to 
        enable pharmacies to carry out their duties under Minnesota 
        Statutes, section 152.02, subdivision 6, paragraph (e), clause 
        (2), electronically or by the Internet.  By February 1, 2006, 
        the commissioner shall report its findings to the legislature.  
        The report may include a proposal to enable pharmacies to switch 
        from written logs to electronic logs that are compatible with 
        the proposed system, and suggested statutory changes and a cost 
        estimate to accomplish this. 
           Sec. 20.  [BOARD OF VETERINARY MEDICINE REPORT, PRECURSOR 
        ANIMAL PRODUCTS.] 
           The Board of Veterinary Medicine shall study and issue a 
        report on animal products that may be used in the manufacture of 
        methamphetamine.  The report must include proposals for 
        restricting access to such products only to legitimate users, 
        specifically addressing the manufacturing, wholesaling, 
        distributing, and retailing of precursor veterinary products.  
        The board shall report its findings to the chairs and ranking 
        minority members of the senate and house committees having 
        jurisdiction over criminal justice and veterinary policy by 
        February 1, 2006.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 21.  [REVISOR'S INSTRUCTION.] 
           The revisor of statutes shall recodify the provisions of 
        Minnesota Statutes, section 152.021, subdivision 2a, paragraph 
        (b), and subdivision 3, as amended by this article, that relate 
        to the possession of chemical reagents or precursors with the 
        intent to manufacture methamphetamine and the penalties for 
        doing this into a new section of law codified as Minnesota 
        Statutes, section 152.0262.  The revisor shall make any 
        necessary technical changes, including, but not limited to, 
        changes to statutory cross-references, to Minnesota Statutes, 
        section 152.021, and any other statutory sections to accomplish 
        this.  
           Sec. 22.  [REPEALER.] 
           Minnesota Statutes 2004, sections 18C.005, subdivisions 1a 
        and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision 
        5, are repealed. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 

                                   ARTICLE 8
                              PUBLIC SAFETY POLICY
           Section 1.  Minnesota Statutes 2004, section 116L.30, is 
        amended to read: 
           116L.30 [GRANTS-IN-AID TO YOUTH INTERVENTION PROGRAMS.] 
           Subdivision 1.  [GRANTS.] The commissioner may make grants 
        to nonprofit agencies administering youth intervention programs 
        in communities where the programs are or may be established. 
           "Youth intervention program" means a nonresidential 
        community-based program providing advocacy, education, 
        counseling, mentoring, and referral services to youth and their 
        families experiencing personal, familial, school, legal, or 
        chemical problems with the goal of resolving the present 
        problems and preventing the occurrence of the problems in the 
        future.  The intent of the youth intervention program is to 
        provide an ongoing stable funding source to community-based 
        early intervention programs for youth.  Program design may be 
        different for the grantees depending on youth service needs of 
        the communities being served.  
           Subd. 2.  [APPLICATIONS.] Applications for a grant-in-aid 
        shall be made by the administering agency to the commissioner.  
           The grant-in-aid is contingent upon the agency having 
        obtained from the community in which the youth intervention 
        program is established local matching money two times the amount 
        of the grant that is sought.  The matching requirement is 
        intended to leverage the investment of state and community 
        dollars in supporting the efforts of the grantees to provide 
        early intervention services to youth and their families. 
           The commissioner shall provide the application form, 
        procedures for making application form, criteria for review of 
        the application, and kinds of contributions in addition to cash 
        that qualify as local matching money.  No grant to any agency 
        may exceed $50,000. 
           Subd. 3.  [GRANT ALLOCATION FORMULA.] Up to one percent of 
        the appropriations to the grants-in-aid to the youth 
        intervention program may be used for a grant to the Minnesota 
        Youth Intervention Programs Association for expenses in 
        providing collaborative training and technical assistance to 
        community-based grantees of the program. 
           Subd. 4.  [ADMINISTRATIVE COSTS.] The commissioner may use 
        up to two percent of the biennial appropriation for 
        grants-in-aid to the youth intervention program to pay costs 
        incurred by the department in administering the youth 
        intervention program. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 2.  Minnesota Statutes 2004, section 169.71, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROHIBITIONS GENERALLY; EXCEPTIONS.] No (a)
        A person shall not drive or operate any motor vehicle with: 
           (1) a windshield cracked or discolored to an extent to 
        limit or obstruct proper vision, or, except for law enforcement 
        vehicles, with; 
           (2) any objects suspended between the driver and the 
        windshield, other than sun visors and rear vision rearview 
        mirrors, and electronic toll collection devices; or with 
           (3) any sign, poster, or other nontransparent material upon 
        the front windshield, sidewings, or side or rear windows of such 
        the vehicle, other than a certificate or other paper required to 
        be so displayed by law, or authorized by the state director of 
        the Division of Emergency Management, or the commissioner of 
        public safety.  
           (b) Paragraph (a), clauses (2) and (3), do not apply to law 
        enforcement vehicles. 
           (c) Paragraph (a), clause (2), does not apply to authorized 
        emergency vehicles. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 3.  Minnesota Statutes 2004, section 214.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SERVICES PROVIDED.] (a) The commissioner 
        of administration with respect to the Board of Electricity,; the 
        commissioner of education with respect to the Board of 
        Teaching,; the commissioner of public safety with respect to the 
        Board of Private Detective and Protective Agent Services, and; 
        the panel established pursuant to section 299A.465, subdivision 
        7; the Board of Peace Officer Standards and Training,; and the 
        commissioner of revenue with respect to the Board of Assessors, 
        shall provide suitable offices and other space, joint conference 
        and hearing facilities, examination rooms, and the following 
        administrative support services:  purchasing service, accounting 
        service, advisory personnel services, consulting services 
        relating to evaluation procedures and techniques, data 
        processing, duplicating, mailing services, automated printing of 
        license renewals, and such other similar services of a 
        housekeeping nature as are generally available to other agencies 
        of state government.  Investigative services shall be provided 
        the boards by employees of the Office of Attorney General.  The 
        commissioner of health with respect to the health-related 
        licensing boards shall provide mailing and office supply 
        services and may provide other facilities and services listed in 
        this subdivision at a central location upon request of the 
        health-related licensing boards.  The commissioner of commerce 
        with respect to the remaining non-health-related licensing 
        boards shall provide the above facilities and services at a 
        central location for the remaining non-health-related licensing 
        boards.  The legal and investigative services for the boards 
        shall be provided by employees of the attorney general assigned 
        to the departments servicing the boards.  Notwithstanding the 
        foregoing, the attorney general shall not be precluded by this 
        section from assigning other attorneys to service a board if 
        necessary in order to insure competent and consistent legal 
        representation.  Persons providing legal and investigative 
        services shall to the extent practicable provide the services on 
        a regular basis to the same board or boards. 
           (b) The requirements in paragraph (a) with respect to the 
        panel established in section 299A.465, subdivision 7, expire 
        July 1, 2008. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 4.  Minnesota Statutes 2004, section 216D.08, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PENALTY PENALTIES.] A person who is 
        engaged in excavation for remuneration or an operator other than 
        an operator subject to section 299F.59, subdivision 1, who 
        violates sections 216D.01 to 216D.07 is subject to a civil 
        penalty to be imposed by the commissioner not to exceed $1,000 
        for each violation per day of violation.  An operator subject to 
        section 299F.59, subdivision 1, who violates sections 216D.01 to 
        216D.07 is subject to a civil penalty to be imposed under 
        section 299F.60.  The district court may hear, try, and 
        determine actions commenced under this section.  Trials under 
        this section must be to the court sitting without a jury.  If 
        the fine exceeds the maximum limit for conciliation court, the 
        person appealing the fine may request the commissioner to 
        conduct an administrative hearing under chapter 14. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 5.  Minnesota Statutes 2004, section 216D.08, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SETTLEMENT.] The commissioner may negotiate a 
        compromise settlement of a civil penalty.  In determining the 
        amount of the penalty, or the amount of the compromise 
        settlement, the commissioner shall consider the appropriateness 
        of the penalty to the size of the business of the person 
        charged, the gravity of the violation, and the good faith of the 
        person charged in attempting to achieve compliance, after 
        notification of a violation.  Unless the commissioner chooses to 
        proceed in district court under subdivision 1, the contested 
        case and judicial review provisions of chapter 14 apply to the 
        orders of the commissioner imposing a penalty under sections 
        216D.01 to 216D.07.  The amount of the penalty, when finally 
        determined, may be deducted from sums owing by the state of 
        Minnesota to the person charged. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 6.  Minnesota Statutes 2004, section 259.11, is 
        amended to read: 
           259.11 [ORDER; FILING COPIES.] 
           (a) Upon meeting the requirements of section 259.10, the 
        court shall grant the application unless:  (1) it finds that 
        there is an intent to defraud or mislead; (2) section 259.13 
        prohibits granting the name change; or (3) in the case of the 
        change of a minor child's name, the court finds that such name 
        change is not in the best interests of the child.  The court 
        shall set forth in the order the name and age of the applicant's 
        spouse and each child of the applicant, if any, and shall state 
        a description of the lands, if any, in which the applicant and 
        the spouse and children, if any, claim to have an interest.  The 
        court administrator shall file such order, and record the same 
        in the judgment book.  If lands be described therein, a 
        certified copy of the order shall be filed for record, by the 
        applicant, with the county recorder of each county wherein any 
        of the same are situated.  Before doing so the court 
        administrator shall present the same to the county auditor who 
        shall enter the change of name in the auditor's official records 
        and note upon the instrument, over an official signature, the 
        words "change of name recorded."  Any such order shall not be 
        filed, nor any certified copy thereof be issued, until the 
        applicant shall have paid to the county recorder and court 
        administrator the fee required by law.  No application shall be 
        denied on the basis of the marital status of the applicant. 
           (b) When a person applies for a name change, the court 
        shall determine whether the person has been convicted of a 
        felony a criminal history in this or any other state.  The court 
        may conduct a search of national records through the Federal 
        Bureau of Investigation by submitting a set of fingerprints and 
        the appropriate fee to the Bureau of Criminal Apprehension.  If 
        so it is determined that the person has a criminal history in 
        this or any other state, the court shall, within ten days after 
        the name change application is granted, report the name change 
        to the Bureau of Criminal Apprehension.  The person whose name 
        is changed shall also report the change to the Bureau of 
        Criminal Apprehension within ten days.  The court granting the 
        name change application must explain this reporting duty in its 
        order.  Any person required to report the person's name change 
        to the Bureau of Criminal Apprehension who fails to report the 
        name change as required under this paragraph is guilty of a 
        gross misdemeanor.  
           (c) Paragraph (b) does not apply to either: 
           (1) a request for a name change as part of an application 
        for a marriage license under section 517.08; or 
           (2) a request for a name change in conjunction with a 
        marriage dissolution under section 518.27. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 7.  Minnesota Statutes 2004, section 299A.465, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [DETERMINATION OF SCOPE AND DUTIES.] (a) Whenever 
        a peace officer or firefighter has been approved to receive a 
        duty-related disability pension, the officer or firefighter may 
        apply to the panel established in subdivision 7 for a 
        determination of whether or not the officer or firefighter meets 
        the requirements in subdivision 1, paragraph (a), clause (2).  
        In making this decision, the panel shall determine whether or 
        not the officer's or firefighter's occupational duties or 
        professional responsibilities put the officer or firefighter at 
        risk for the type of illness or injury actually sustained.  A 
        final determination by the panel is binding on the applicant and 
        the employer, subject to any right of judicial review.  
        Applications must be made within 90 days of receipt of approval 
        of a duty-related pension and must be acted upon by the panel 
        within 90 days of receipt.  Applications that are not acted upon 
        within 90 days of receipt by the panel are approved.  
        Applications and supporting documents are private data. 
           (b) This subdivision expires July 1, 2008.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005, 
        and applies to duty-related pension approvals made on or after 
        that date. 
           Sec. 8.  Minnesota Statutes 2004, section 299A.465, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [COURSE AND SCOPE OF DUTIES PANEL.] (a) A panel 
        is established for the purpose set forth in subdivision 6, 
        composed of the following seven members: 
           (1) two members recommended by the Minnesota League of 
        Cities or a successor; 
           (2) one member recommended by the Association of Minnesota 
        Counties or a successor; 
           (3) two members recommended by the Minnesota Police and 
        Peace Officers Association or a successor; 
           (4) one member recommended by the Minnesota Professional 
        Firefighters Association or a successor; and 
           (5) one nonorganizational member recommended by the six 
        organizational members. 
           (b) Recommendations must be forwarded to the commissioner 
        of public safety who shall appoint the recommended members after 
        determining that they were properly recommended.  Members shall 
        serve for two years or until their successors have been seated.  
        No member may serve more than three consecutive terms.  
        Vacancies on the panel must be filled by recommendation by the 
        organization whose representative's seat has been vacated.  A 
        vacancy of the nonorganizational seat must be filled by the 
        recommendation of the panel.  Vacancies may be declared by the 
        panel in cases of resignation or when a member misses three or 
        more consecutive meetings, or by a nominating organization when 
        its nominee is no longer a member in good standing of the 
        organization, an employee of the organization, or an employee of 
        a member in good standing of the organization.  A member 
        appointed because of a vacancy shall serve until the expiration 
        of the vacated term. 
           (c) Panel members shall be reimbursed for expenses related 
        to their duties according to section 15.059, subdivision 3, 
        paragraph (a), but shall not receive compensation or per diem 
        payments.  The panel's proceedings and determinations constitute 
        a quasi-judicial process and its operation must comply with 
        chapter 14.  Membership on the panel does not constitute holding 
        a public office and members of the panel are not required to 
        take and file oaths of office or submit a public official's bond 
        before serving on the panel.  No member of the panel may be 
        disqualified from holding any public office or employment by 
        reason of being appointed to the panel.  Members of the panel 
        and staff or consultants working with the panel are covered by 
        the immunity provision in section 214.34, subdivision 2.  The 
        panel shall elect a chair and adopt rules of order.  The panel 
        shall convene no later than July 1, 2005. 
           (d) This subdivision expires July 1, 2008. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 9.  Minnesota Statutes 2004, section 299C.095, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACCESS TO DATA ON JUVENILES.] (a) The 
        bureau shall administer and maintain the computerized juvenile 
        history record system based on sections 260B.171 and 260C.171 
        and other statutes requiring the reporting of data on 
        juveniles.  The data in the system are private data as defined 
        in section 13.02, subdivision 12, but are accessible to criminal 
        justice agencies as defined in section 13.02, subdivision 3a, to 
        all trial courts and appellate courts, to a person who has 
        access to the juvenile court records as provided in sections 
        260B.171 and 260C.171 or under court rule, to public defenders 
        as provided in section 611.272, and to criminal justice agencies 
        in other states in the conduct of their official duties. 
           (b) Except for access authorized under paragraph (a), the 
        bureau shall only disseminate a juvenile adjudication history 
        record in connection with a background check required by statute 
        or rule and performed on a licensee, license applicant, or 
        employment applicant or performed under section 299C.62 or 
        624.713.  If the background check is performed under section 
        299C.62, juvenile adjudication history disseminated under this 
        paragraph is limited to offenses that would constitute a 
        background check crime as defined in section 299C.61, 
        subdivision 2.  A consent for release of information from an 
        individual who is the subject of a juvenile adjudication history 
        is not effective and the bureau shall not release a juvenile 
        adjudication history record and shall not release information in 
        a manner that reveals the existence of the record.  Data 
        maintained under section 243.166, released in conjunction with a 
        background check, regardless of the age of the offender at the 
        time of the offense, does not constitute releasing information 
        in a manner that reveals the existence of a juvenile 
        adjudication history. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 10.  Minnesota Statutes 2004, section 299C.11, is 
        amended to read: 
           299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
           (a) Each sheriff and chief of police shall furnish the 
        bureau, upon such form as the superintendent shall prescribe, 
        with such finger and thumb prints, photographs, distinctive 
        physical mark identification data, information on known aliases 
        and street names, and other identification data as may be 
        requested or required by the superintendent of the bureau, which 
        must be taken under the provisions of section 299C.10.  In 
        addition, sheriffs and chiefs of police shall furnish this 
        identification data to the bureau for individuals found to have 
        been convicted of a felony, gross misdemeanor, or targeted 
        misdemeanor, within the ten years immediately preceding their 
        arrest.  When the bureau learns that an individual who is the 
        subject of a background check has used, or is using, identifying 
        information, including, but not limited to, name and date of 
        birth, other than those listed on the criminal history, the 
        bureau may add the new identifying information to the criminal 
        history when supported by fingerprints. 
           (b) No petition under chapter 609A is required if the 
        person has not been convicted of any felony or gross 
        misdemeanor, either within or without the state, within the 
        period of ten years immediately preceding the determination of 
        all pending criminal actions or proceedings in favor of the 
        arrested person, and either of the following occurred: 
           (1) all charges were dismissed prior to a determination of 
        probable cause; or 
           (2) the prosecuting authority declined to file any charges 
        and a grand jury did not return an indictment. 
        Where these conditions are met, the bureau or agency shall, upon 
        demand, return to the arrested person finger and thumb prints, 
        photographs, distinctive physical mark identification data, 
        information on known aliases and street names, and other 
        identification data, and all copies and duplicates of them. 
           (c) Except as otherwise provided in paragraph (b), upon the 
        determination of all pending criminal actions or proceedings in 
        favor of the arrested person, and the granting of the petition 
        of the arrested person under chapter 609A, the bureau shall seal 
        finger and thumb prints, photographs, distinctive physical mark 
        identification data, information on known aliases and street 
        names, and other identification data, and all copies and 
        duplicates of them if the arrested person has not been convicted 
        of any felony or gross misdemeanor, either within or without the 
        state, within the period of ten years immediately preceding such 
        determination. 
           (d) DNA samples and DNA records of the arrested person 
        shall not be returned, sealed, or destroyed as to a charge 
        supported by probable cause.  
           (e) For purposes of this section: 
           (1) "determination of all pending criminal actions or 
        proceedings in favor of the arrested person" does not include: 
           (i) the sealing of a criminal record pursuant to section 
        152.18, subdivision 1, 242.31, or chapter 609A; 
           (ii) the arrested person's successful completion of a 
        diversion program; 
           (iii) an order of discharge under section 609.165; or 
           (iv) a pardon granted under section 638.02; and 
           (2) "targeted misdemeanor" has the meaning given in section 
        299C.10, subdivision 1. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 11.  Minnesota Statutes 2004, section 326.3382, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [SPECIAL PROTECTIVE AGENT CLASSIFICATION.] The 
        board shall establish a special protective agent license 
        classification that provides that a person described in section 
        326.338, subdivision 4, clause (4), who is otherwise qualified 
        under this section need not meet the requirements of subdivision 
        2, paragraph (c). 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 12.  Minnesota Statutes 2004, section 340A.301, 
        subdivision 6, is amended to read: 
           Subd. 6.  [FEES.] The annual fees for licenses under this 
        section are as follows: 
          (a) Manufacturers (except as provided 
              in clauses (b) and (c))                    $15,000 $30,000 
              Duplicates                                 $ 3,000
          (b) Manufacturers of wines of not more
              than 25 percent alcohol by volume          $   500
          (c) Brewers other than those described
              in clauses (d) and (i)                     $ 2,500 4,000
          (d) Brewers who also hold one or more
              retail on-sale licenses and who
              manufacture fewer than 3,500 barrels
              of malt liquor in a year, at any one
              licensed premises, using only wort produced 
              in Minnesota, the entire
              production of which is solely 
              for consumption on tap on the
              licensed premises or for off-sale
              from that licensed premises.
              A brewer licensed
              under this clause must obtain a separate
              license for each licensed premises where
              the brewer brews malt liquor.  A brewer
              licensed under this clause may not be
              licensed as an importer under this chapter  $  500
          (e) Wholesalers (except as provided in
              clauses (f), (g), and (h))                 $15,000
              Duplicates                                 $ 3,000
          (f) Wholesalers of wines of not more
              than 25 percent alcohol by volume          $ 2,000 3,750
          (g) Wholesalers of intoxicating
              malt liquor                                $   600 1,000
              Duplicates                                 $    25
          (h) Wholesalers of 3.2 percent 
              malt liquor                                $    10
          (i) Brewers who manufacture fewer than
              2,000 barrels of malt liquor in a year     $   150
           If a business licensed under this section is destroyed, or 
        damaged to the extent that it cannot be carried on, or if it 
        ceases because of the death or illness of the licensee, the 
        commissioner may refund the license fee for the balance of the 
        license period to the licensee or to the licensee's estate. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005.  
           Sec. 13.  Minnesota Statutes 2004, section 340A.302, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FEES.] Annual fees for licenses under this 
        section, which must accompany the application, are as follows: 
             Importers of distilled spirits, wine,
             or ethyl alcohol                             $420
             Importers of malt liquor                     $800 
                                                        $1,600
           If an application is denied, $100 of the fee shall be 
        retained by the commissioner to cover costs of investigation. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005.  
           Sec. 14.  Minnesota Statutes 2004, section 340A.311, is 
        amended to read: 
           340A.311 [BRAND REGISTRATION.] 
           (a) A brand of intoxicating liquor or 3.2 percent malt 
        liquor may not be manufactured, imported into, or sold in the 
        state unless the brand label has been registered with and 
        approved by the commissioner.  A brand registration must be 
        renewed every three years in order to remain in effect.  The fee 
        for an initial brand registration is $30 $40.  The fee for brand 
        registration renewal is $20 $30.  The brand label of a brand of 
        intoxicating liquor or 3.2 percent malt liquor for which the 
        brand registration has expired, is conclusively deemed abandoned 
        by the manufacturer or importer.  
           (b) In this section "brand" and "brand label" include 
        trademarks and designs used in connection with labels.  
           (c) The label of any brand of wine or intoxicating or 
        nonintoxicating malt beverage may be registered only by the 
        brand owner or authorized agent.  No such brand may be imported 
        into the state for sale without the consent of the brand owner 
        or authorized agent.  This section does not limit the provisions 
        of section 340A.307. 
           (d) The commissioner shall refuse to register a malt liquor 
        brand label, and shall revoke the registration of a malt liquor 
        brand label already registered, if the brand label states or 
        implies in a false or misleading manner a connection with an 
        actual living or dead American Indian leader.  This paragraph 
        does not apply to a brand label registered for the first time in 
        Minnesota before January 1, 1992. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005.  
           Sec. 15.  Minnesota Statutes 2004, section 340A.404, 
        subdivision 12, is amended to read: 
           Subd. 12.  [CATERER'S PERMIT.] The commissioner may issue a 
        caterer's permit to a restaurant that holds an on-sale 
        intoxicating liquor license issued by any municipality.  The 
        holder of a caterer's permit may sell intoxicating liquor as an 
        incidental part of a food service that serves prepared meals at 
        a place other than the premises for which the holder's on-sale 
        intoxicating liquor license is issued. 
           (a) A caterer's permit is auxiliary to the primary on-sale 
        license held by the licensee. 
           (b) The restrictions and regulations which apply to the 
        sale of intoxicating liquor on the licensed premises also apply 
        to the sale under the authority of a caterer's permit, and any 
        act that is prohibited on the licensed premises is also 
        prohibited when the licensee is operating other than on the 
        licensed premises under a caterer's permit. 
           (c) Any act, which if done on the licensed premises would 
        be grounds for cancellation or suspension of the on-sale 
        licensee, is grounds for cancellation of both the on-sale 
        license and the caterer's permit if done when the permittee is 
        operating away from the licensed premises under the authority of 
        the caterer's permit. 
           (d) The permittee shall notify prior to any catered event: 
           (1) the police chief of the city where the event will take 
        place, if the event will take place within the corporate limits 
        of a city; or 
           (2) the county sheriff of the county where the event will 
        take place, if the event will be outside the corporate limits of 
        any city. 
           (e) If the primary license ceases to be valid for any 
        reason, the caterer's permit ceases to be valid. 
           (f) Permits issued under this subdivision are subject to 
        all laws and ordinances governing the sale of intoxicating 
        liquor except those laws and ordinances which by their nature 
        are not applicable. 
           (g) The annual state fee for a caterer's permit 
        is $200 $300. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005.  
           Sec. 16.  Minnesota Statutes 2004, section 340A.408, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LAKE SUPERIOR, ST. CROIX RIVER, AND MISSISSIPPI 
        RIVER TOUR BOATS; COMMON CARRIERS.] (a) The annual license fee 
        for licensing of Lake Superior, St. Croix River, and Mississippi 
        River tour boats under section 340A.404, subdivision 8, shall be 
        $1,000 $1,500.  The commissioner shall transmit one-half of this 
        fee to the governing body of the city that is the home port of 
        the tour boat or to the county in which the home port is located 
        if the home port is outside a city. 
           (b) The annual license fee for common carriers licensed 
        under section 340A.407 is: 
           (1) $50 for 3.2 percent malt liquor, and $20 for a 
        duplicate license; and 
           (2) $200 $250 for intoxicating liquor, and $20 $30 for a 
        duplicate license. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005.  
           Sec. 17.  Minnesota Statutes 2004, section 340A.414, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PERMIT FEES.] The annual fee for issuance of a 
        permit under this section is $150 $250.  The governing body of a 
        city or county where the establishment is located may impose an 
        additional fee of not more than $300. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005.  
           Sec. 18.  Minnesota Statutes 2004, section 340A.504, 
        subdivision 3, is amended to read: 
           Subd. 3.  [INTOXICATING LIQUOR; SUNDAY SALES; ON-SALE.] (a) 
        A restaurant, club, bowling center, or hotel with a seating 
        capacity for at least 30 persons and which holds an on-sale 
        intoxicating liquor license may sell intoxicating liquor for 
        consumption on the premises in conjunction with the sale of food 
        between the hours of 12:00 noon on Sundays and 2:00 a.m. on 
        Mondays. 
           (b) The governing body of a municipality may after one 
        public hearing by ordinance permit a restaurant, hotel, bowling 
        center, or club to sell alcoholic beverages for consumption on 
        the premises in conjunction with the sale of food between the 
        hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays, 
        provided that the licensee is in conformance with the Minnesota 
        Clean Air Act. 
           (c) An establishment serving intoxicating liquor on Sundays 
        must obtain a Sunday license.  The license must be issued by the 
        governing body of the municipality for a period of one year, and 
        the fee for the license may not exceed $200. 
           (d) A city may issue a Sunday intoxicating liquor license 
        only if authorized to do so by the voters of the city voting on 
        the question at a general or special election.  A county may 
        issue a Sunday intoxicating liquor license in a town only if 
        authorized to do so by the voters of the town as provided in 
        paragraph (e).  A county may issue a Sunday intoxicating liquor 
        license in unorganized territory only if authorized to do so by 
        the voters of the election precinct that contains the licensed 
        premises, voting on the question at a general or special 
        election. 
           (e) An election conducted in a town on the question of the 
        issuance by the county of Sunday sales licenses to 
        establishments located in the town must be held on the day of 
        the annual election of town officers. 
           (f) Voter approval is not required for licenses issued by 
        the Metropolitan Airports Commission or common carrier licenses 
        issued by the commissioner.  Common carriers serving 
        intoxicating liquor on Sunday must obtain a Sunday license from 
        the commissioner at an annual fee of $50 $75, plus $20 $30 for 
        each duplicate. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005.  
           Sec. 19.  Minnesota Statutes 2004, section 340A.504, 
        subdivision 7, is amended to read: 
           Subd. 7.  [SALES AFTER 1:00 A.M.; PERMIT FEE.] (a) No 
        licensee may sell intoxicating liquor or 3.2 percent malt liquor 
        on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the 
        licensee has obtained a permit from the commissioner.  
        Application for the permit must be on a form the commissioner 
        prescribes.  Permits are effective for one year from date of 
        issuance.  For retailers of intoxicating liquor, the fee for the 
        permit is based on the licensee's gross receipts from on-sales 
        of alcoholic beverages in the 12 months prior to the month in 
        which the permit is issued, and is at the following rates: 
           (1) up to $100,000 in gross receipts, $200 $300; 
           (2) over $100,000 but not over $500,000 in gross receipts, 
        $500 $750; and 
           (3) over $500,000 in gross receipts, $600 $1,000. 
        For a licensed retailer of intoxicating liquor who did not sell 
        intoxicating liquor at on-sale for a full 12 months prior to the 
        month in which the permit is issued, the fee is $200.  For a 
        retailer of 3.2 percent malt liquor, the fee is $200. 
           (b) The commissioner shall deposit all permit fees received 
        under this subdivision in the alcohol enforcement account in the 
        special revenue fund. 
           (c) Notwithstanding any law to the contrary, the 
        commissioner of revenue may furnish to the commissioner the 
        information necessary to administer and enforce this subdivision.
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 20.  Minnesota Statutes 2004, section 518B.01, is 
        amended by adding a subdivision to read: 
           Subd. 23.  [PROHIBITION AGAINST EMPLOYER RETALIATION.] (a) 
        An employer shall not discharge, discipline, threaten, otherwise 
        discriminate against, or penalize an employee regarding the 
        employee's compensation, terms, conditions, location, or 
        privileges of employment, because the employee took reasonable 
        time off from work to obtain or attempt to obtain relief under 
        this chapter.  Except in cases of imminent danger to the health 
        or safety of the employee or the employee's child, or unless 
        impracticable, an employee who is absent from the workplace 
        shall give 48 hours' advance notice to the employer.  Upon 
        request of the employer, the employee shall provide verification 
        that supports the employee's reason for being absent from the 
        workplace.  All information related to the employee's leave 
        pursuant to this section shall be kept confidential by the 
        employer. 
           (b) An employer who violates paragraph (a) is guilty of a 
        misdemeanor and may be punished for contempt of court.  In 
        addition, the court shall order the employer to pay back wages 
        and offer job reinstatement to any employee discharged from 
        employment in violation of paragraph (a). 
           (c) In addition to any remedies otherwise provided by law, 
        an employee injured by a violation of paragraph (a) may bring a 
        civil action for recovery of damages, together with costs and 
        disbursements, including reasonable attorney's fees, and may 
        receive such injunctive and other equitable relief, including 
        reinstatement, as determined by the court.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 21.  Minnesota Statutes 2004, section 609.748, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [PROHIBITION AGAINST EMPLOYER RETALIATION.] (a) 
        An employer shall not discharge, discipline, threaten, otherwise 
        discriminate against, or penalize an employee regarding the 
        employee's compensation, terms, conditions, location, or 
        privileges of employment, because the employee took reasonable 
        time off from work to obtain or attempt to obtain relief under 
        this section.  Except in cases of imminent danger to the health 
        or safety of the employee or the employee's child, or unless 
        impracticable, an employee who is absent from the workplace 
        shall give 48 hours' advance notice to the employer.  Upon 
        request of the employer, the employee shall provide verification 
        that supports the employee's reason for being absent from the 
        workplace.  All information related to the employee's leave 
        pursuant to this section shall be kept confidential by the 
        employer. 
           (b) An employer who violates paragraph (a) is guilty of a 
        misdemeanor and may be punished for contempt of court.  In 
        addition, the court shall order the employer to pay back wages 
        and offer job reinstatement to any employee discharged from 
        employment in violation of paragraph (a). 
           (c) In addition to any remedies otherwise provided by law, 
        an employee injured by a violation of paragraph (a) may bring a 
        civil action for recovery of damages, together with costs and 
        disbursements, including reasonable attorney's fees, and may 
        receive such injunctive and other equitable relief, including 
        reinstatement, as determined by the court.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 22.  Minnesota Statutes 2004, section 611A.01, is 
        amended to read: 
           611A.01 [DEFINITIONS.] 
           For the purposes of sections 611A.01 to 611A.06: 
           (a) "crime" means conduct that is prohibited by local 
        ordinance and results in bodily harm to an individual; or 
        conduct that is included within the definition of "crime" in 
        section 609.02, subdivision 1, or would be included within that 
        definition but for the fact that (i) the person engaging in the 
        conduct lacked capacity to commit the crime under the laws of 
        this state, or (ii) the act was alleged or found to have been 
        committed by a juvenile; 
           (b) "victim" means a natural person who incurs loss or harm 
        as a result of a crime, including a good faith effort to prevent 
        a crime, and for purposes of sections 611A.04 and 611A.045, also 
        includes (i) a corporation that incurs loss or harm as a result 
        of a crime, (ii) a government entity that incurs loss or harm as 
        a result of a crime, and (iii) any other entity authorized to 
        receive restitution under section 609.10 or 609.125.  If the 
        victim is a natural person and is deceased, "victim" means the 
        deceased's surviving spouse or next of kin The term "victim" 
        includes the family members, guardian, or custodian of a minor, 
        incompetent, incapacitated, or deceased person.  In a case where 
        the prosecutor finds that the number of family members makes it 
        impracticable to accord all of the family members the rights 
        described in sections 611A.02 to 611A.0395, the prosecutor shall 
        establish a reasonable procedure to give effect to those 
        rights.  The procedure may not limit the number of victim impact 
        statements submitted to the court under section 611A.038.  The 
        term "victim" does not include the person charged with or 
        alleged to have committed the crime; and 
           (c) "juvenile" has the same meaning as given to the term 
        "child" in section 260B.007, subdivision 3. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 23.  Minnesota Statutes 2004, section 611A.036, is 
        amended to read: 
           611A.036 [PROHIBITION AGAINST EMPLOYER RETALIATION.] 
           Subdivision 1.  [VICTIM OR WITNESS.] An employer or 
        employer's agent who threatens to discharge or discipline must 
        allow a victim or witness, or who discharges, disciplines, or 
        causes a victim or witness to be discharged from employment or 
        disciplined because the victim or the witness who is subpoenaed 
        or requested by the prosecutor to attend court for the purpose 
        of giving testimony, is guilty of a misdemeanor and may be 
        punished for contempt of court.  In addition, the court shall 
        order the employer to offer job reinstatement to any victim or 
        witness discharged from employment in violation of this section, 
        and to pay the victim or witness back wages as 
        appropriate reasonable time off from work to attend criminal 
        proceedings related to the victim's case. 
           Subd. 2.  [VICTIM'S SPOUSE OR NEXT OF KIN.] An employer 
        must allow a victim of a heinous crime, as well as the victim's 
        spouse or next of kin, reasonable time off from work to attend 
        criminal proceedings related to the victim's case. 
           Subd. 3.  [PROHIBITED ACTS.] An employer shall not 
        discharge, discipline, threaten, otherwise discriminate against, 
        or penalize an employee regarding the employee's compensation, 
        terms, conditions, location, or privileges of employment, 
        because the employee took reasonable time off from work to 
        attend a criminal proceeding pursuant to this section. 
           Subd. 4.  [VERIFICATION; CONFIDENTIALITY.] An employee who 
        is absent from the workplace shall give 48 hours' advance notice 
        to the employer, unless impracticable or an emergency prevents 
        the employee from doing so.  Upon request of the employer, the 
        employee shall provide verification that supports the employee's 
        reason for being absent from the workplace.  All information 
        related to the employee's leave pursuant to this section shall 
        be kept confidential by the employer. 
           Subd. 5.  [PENALTY.] An employer who violates this section 
        is guilty of a misdemeanor and may be punished for contempt of 
        court.  In addition, the court shall order the employer to offer 
        job reinstatement to any employee discharged from employment in 
        violation of this section, and to pay the employee back wages as 
        appropriate. 
           Subd. 6.  [CIVIL ACTION.] In addition to any remedies 
        otherwise provided by law, an employee injured by a violation of 
        this section may bring a civil action for recovery for damages, 
        together with costs and disbursements, including reasonable 
        attorney's fees, and may receive such injunctive and other 
        equitable relief, including reinstatement, as determined by the 
        court.  
           Subd. 7.  [DEFINITION.] As used in this section, "heinous 
        crime" means: 
           (1) a violation or attempted violation of section 609.185 
        or 609.19; 
           (2) a violation of section 609.195 or 609.221; or 
           (3) a violation of section 609.342, 609.343, or 609.344, if 
        the offense was committed with force or violence or if the 
        complainant was a minor at the time of the offense. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 24.  Minnesota Statutes 2004, section 611A.19, is 
        amended to read: 
           611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 
        VIRUS.] 
           Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
        the request or with the consent of the victim, the prosecutor 
        shall make a motion in camera and the sentencing court shall 
        issue an order requiring an adult convicted of or a juvenile 
        adjudicated delinquent for violating section 609.342 (criminal 
        sexual conduct in the first degree), 609.343 (criminal sexual 
        conduct in the second degree), 609.344 (criminal sexual conduct 
        in the third degree), 609.345 (criminal sexual conduct in the 
        fourth degree), or any other violent crime, as defined in 
        section 609.1095, to submit to testing to determine the presence 
        of human immunodeficiency virus (HIV) antibody if:  
           (1) the crime involved sexual penetration, however slight, 
        as defined in section 609.341, subdivision 12; or 
           (2) evidence exists that the broken skin or mucous membrane 
        of the victim was exposed to or had contact with the offender's 
        semen or blood during the commission of the crime in a manner 
        which has been demonstrated epidemiologically to transmit the 
        human immunodeficiency virus (HIV).  
           (b) When the court orders an offender to submit to testing 
        under paragraph (a), the court shall order that the test be 
        performed by an appropriate health professional who is trained 
        to provide the counseling described in section 144.7414, and 
        that no reference to the test, the motion requesting the test, 
        the test order, or the test results may appear in the criminal 
        record or be maintained in any record of the court or court 
        services, except in the medical record maintained by the 
        Department of Corrections. 
           (c) The order shall include the name and contact 
        information of the victim's choice of health care provider.  
           Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
        results of a test performed under subdivision 1 are private data 
        as defined in section 13.02, subdivision 12, when maintained by 
        a person subject to chapter 13, or may be released only with the 
        subject's consent, if maintained by a person not subject to 
        chapter 13.  The results are available, on request, to the 
        victim or, if the victim is a minor, to the victim's parent or 
        guardian and positive test results shall be reported to the 
        commissioner of health.  Unless the subject of the test is an 
        inmate at a state correctional facility, any test results given 
        to a victim or victim's parent or guardian shall be provided by 
        a health professional who is trained to provide the counseling 
        described in section 144.7414.  If the subject of the test is an 
        inmate at a state correctional facility, test results shall be 
        given by the Department of Corrections' medical director to the 
        victim's health care provider who shall give the results to the 
        victim or victim's parent or guardian.  Data regarding 
        administration and results of the test are not accessible to any 
        other person for any purpose and shall not be maintained in any 
        record of the court or court services or any other record.  
        After the test results are given to the victim or the victim's 
        parent or guardian, data on the test must be removed from any 
        medical data or health records maintained under section 13.384 
        or 144.335 and destroyed, except for those medical records 
        maintained by the Department of Corrections. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 25.  Minnesota Statutes 2004, section 611A.53, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A 
        Minnesota resident who is the victim of a crime committed 
        outside the geographical boundaries of this state but who 
        otherwise meets the requirements of this section shall have the 
        same rights under this chapter as if the crime had occurred 
        within this state upon a showing that the state, territory, or 
        United States possession, country, or political subdivision of a 
        country in which the crime occurred does not have a crime victim 
        reparations law covering the resident's injury or death.  
           (b) Notwithstanding paragraph (a), a Minnesota resident who 
        is the victim of a crime involving international terrorism who 
        otherwise meets the requirements of this section has the same 
        rights under this chapter as if the crime had occurred within 
        this state regardless of where the crime occurred or whether the 
        jurisdiction has a crime victims reparations law. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to those seeking reparations on or after that date. 
           Sec. 26.  [SPECIAL REVENUE SPENDING AUTHORIZATION FROM 
        CRIMINAL JUSTICE SPECIAL PROJECTS ACCOUNT.] 
           Remaining balances in the special revenue fund from 
        spending authorized by Laws 2001, First Special Session chapter 
        8, article 7, section 14, subdivision 1, for which spending 
        authorization ended June 30, 2003, under Laws 2001, First 
        Special Session, chapter 8, article 7, section 14, subdivision 
        3, are transferred to the general fund.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005.  
           Sec. 27.  [HOMELESSNESS PILOT PROJECTS; GRANTS.] 
           Subdivision 1.  [GRANTS.] The commissioner of public 
        safety, in consultation with the director of ending long-term 
        homelessness, the Ending Long-Term Homelessness Advisory 
        Council, and the Department of Human Services Office of Economic 
        Opportunity, shall award grants to organizations that provide 
        homeless outreach and a bridge to stable housing and services 
        for the homeless.  At a minimum, the commissioner shall award 
        grants to qualified applicants in Hennepin County, Ramsey 
        County, and one county outside the seven-county metropolitan 
        area.  An entity outside the seven-county metropolitan area 
        receiving a grant under this section shall provide a 25 percent 
        match.  An entity within the seven-county metropolitan area 
        receiving a grant under this section shall provide a 50 percent 
        match.  Grants must be used for homelessness pilot projects of a 
        two-year duration that reduce recidivism and promote stronger 
        communities through street and shelter outreach to connect 
        people experiencing homelessness to housing and services.  
           Subd. 2.  [APPLICATIONS.] An applicant for a grant under 
        subdivision 1 must establish that: 
           (1) the applicant is experienced in homeless outreach 
        services and will have staff qualified to work with people with 
        serious mental illness, chemical dependency, and other factors 
        contributing to homelessness; 
           (2) the applicant employs outreach staff who are trained 
        and qualified to work with racially and culturally diverse 
        populations; 
           (3) outreach services will be targeted to, but not limited 
        to, people experiencing long-term homelessness, and people who 
        have had repeated interactions with law enforcement; 
           (4) outreach services will provide intervention strategies 
        linking people to housing and services as an alternative to 
        arrest; 
           (5) the applicant has a plan to connect people experiencing 
        homelessness to services for which they may be eligible such as 
        supplemental security income, veterans benefits, health care, 
        housing assistance, and long-term support programs for those 
        with serious mental illness; 
           (6) the applicant's project will promote community 
        collaboration with local law enforcement, local and county 
        governments, social services providers, mental health crisis 
        providers, and other community organizations to address 
        homelessness; 
           (7) the applicant has a plan to leverage resources from the 
        entities listed in clause (6) and other private sources to 
        accomplish the goal of moving people into housing and services; 
        and 
           (8) the applicant has a plan for evaluation of the 
        applicant's pilot project that is designed to measure the 
        program's effectiveness in connecting people experiencing 
        homelessness to housing and services and reducing the use of 
        public safety and corrections resources.  
           Subd. 3.  [ANNUAL REPORT.] Grant recipients shall report to 
        the commissioner by June 30, 2006, and June 30, 2007, on the 
        services provided, expenditures of grant money, and an 
        evaluation of the program's success in:  (1) connecting 
        individuals experiencing homelessness to housing and services; 
        and (2) reducing the use of public safety and corrections 
        resources.  The commissioner shall submit reports to the chairs 
        and ranking minority members of the house of representatives and 
        senate committees having jurisdiction over public safety and 
        health and human services by November 1, 2006, and November 1, 
        2007.  The commissioner's reports must explain how the grant 
        proceeds were used and evaluate the effectiveness of the pilot 
        projects funded by the grants. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 28.  [TRANSFER OF RESPONSIBILITIES.] 
           The responsibility of the Department of Employment and 
        Economic Development for the youth intervention program is 
        transferred to the Department of Public Safety. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 29.  [REVISOR INSTRUCTION.] 
           The revisor of statutes shall renumber Minnesota Statutes, 
        section 116L.30 as section 299A.73.  The revisor shall also make 
        necessary cross-reference changes consistent with the 
        renumbering. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 

                                   ARTICLE 9
                                  FIRE MARSHAL 
           Section 1.  Minnesota Statutes 2004, section 84.362, is 
        amended to read: 
           84.362 [REMOVAL OF STRUCTURES.] 
           Until after the sale of any parcel of tax-forfeited land, 
        whether classified as agricultural or nonagricultural hereunder, 
        the county auditor may, with the approval of the commissioner, 
        provide: 
           (1) for the sale or demolition of any structure located 
        thereon, which on the land that has been determined by the 
        county board to be within the purview of section 299F.10, 
        especially liable to fire or so situated as to endanger life or 
        limb or other buildings or property in the vicinity because of 
        age, dilapidated condition, defective chimney, defective 
        electric wiring, any gas connection, heating apparatus, or other 
        defect; and 
           (2) for the sale of salvage material, if any, therefrom.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 2.  Minnesota Statutes 2004, section 231.08, 
        subdivision 5, as added by Laws 2005, chapter 92, section 3, is 
        amended to read: 
           Subd. 5.  [FIRE PROTECTION.] All warehouses must be 
        protected against fire by an automatic device or fire 
        extinguishers in accordance with the State Fire Code. 
           Sec. 3.  Minnesota Statutes 2004, section 282.04, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RIGHTS BEFORE SALE; IMPROVEMENTS, INSURANCE, 
        DEMOLITION.] (a) Before the sale of a parcel of forfeited land 
        the county auditor may, with the approval of the county board of 
        commissioners, provide for the repair and improvement of any 
        building or structure located upon the parcel, and may provide 
        for maintenance of tax-forfeited lands, if it is determined by 
        the county board that such repairs, improvements, or maintenance 
        are necessary for the operation, use, preservation, and safety 
        of the building or structure.  
           (b) If so authorized by the county board, the county 
        auditor may insure the building or structure against loss or 
        damage resulting from fire or windstorm, may purchase workers' 
        compensation insurance to insure the county against claims for 
        injury to the persons employed in the building or structure by 
        the county, and may insure the county, its officers and 
        employees against claims for injuries to persons or property 
        because of the management, use, or operation of the building or 
        structure.  
           (c) The county auditor may, with the approval of the county 
        board, provide: 
           (1) for the demolition of the building or structure, which 
        has been determined by the county board to be within the purview 
        of section 299F.10, especially liable to fire or so situated as 
        to endanger life or limb or other buildings or property in the 
        vicinity because of age, dilapidated condition, defective 
        chimney, defective electric wiring, any gas connection, heating 
        apparatus, or other defect; and 
           (2) for the sale of salvaged materials from the building or 
        structure.  
           (d) The county auditor, with the approval of the county 
        board, may provide for the sale of abandoned personal property.  
        The sale may be made by the sheriff using the procedures for the 
        sale of abandoned property in section 345.15 or by the county 
        auditor using the procedures for the sale of abandoned property 
        in section 504B.271.  The net proceeds from any sale of the 
        personal property, salvaged materials, timber or other products, 
        or leases made under this law must be deposited in the forfeited 
        tax sale fund and must be distributed in the same manner as if 
        the parcel had been sold. 
           (e) The county auditor, with the approval of the county 
        board, may provide for the demolition of any structure on 
        tax-forfeited lands, if in the opinion of the county board, the 
        county auditor, and the land commissioner, if there is one, the 
        sale of the land with the structure on it, or the continued 
        existence of the structure by reason of age, dilapidated 
        condition or excessive size as compared with nearby structures, 
        will result in a material lessening of net tax capacities of 
        real estate in the vicinity of the tax-forfeited lands, or if 
        the demolition of the structure or structures will aid in 
        disposing of the tax-forfeited property. 
           (f) Before the sale of a parcel of forfeited land located 
        in an urban area, the county auditor may with the approval of 
        the county board provide for the grading of the land by filling 
        or the removal of any surplus material from it.  If the physical 
        condition of forfeited lands is such that a reasonable grading 
        of the lands is necessary for the protection and preservation of 
        the property of any adjoining owner, the adjoining property 
        owner or owners may apply to the county board to have the 
        grading done.  If, after considering the application, the county 
        board believes that the grading will enhance the value of the 
        forfeited lands commensurate with the cost involved, it may 
        approve it, and the work must be performed under the supervision 
        of the county or city engineer, as the case may be, and the 
        expense paid from the forfeited tax sale fund. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 4.  Minnesota Statutes 2004, section 299F.011, 
        subdivision 7, is amended to read: 
           Subd. 7.  [FEES.] A fee of $100 shall be charged by The 
        state fire marshal shall charge a fee of $100 for each plan 
        review involving: 
           (1) flammable liquids under Minnesota Rules, part 
        7510.3650; 
           (2) motor vehicle fuel-dispensing stations under Minnesota 
        Rules, part 7510.3610; or 
           (3) liquefied petroleum gases under Minnesota Rules, part 
        7510.3670. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 5.  Minnesota Statutes 2004, section 299F.014, is 
        amended to read: 
           299F.014 [RULES FOR CERTAIN PETROLEUM STORAGE TANKS; TANK 
        VEHICLE PARKING.] 
           (a) Any rule of the commissioner of public safety that 
        adopts provisions of the Uniform State Fire Code relating to 
        aboveground tanks for petroleum storage that are not used for 
        dispensing to the public is superseded by Minnesota Rules, 
        chapter 7151, in regard to:  secondary containment, substance 
        transfer areas, tank and piping standards, overfill protection, 
        corrosion protection, leak detection, labeling, monitoring, 
        maintenance, record keeping, and decommissioning.  If Minnesota 
        Rules, chapter 7151, does not address an issue relating to 
        aboveground tanks for petroleum storage that are not used for 
        dispensing to the public, any applicable provision of the 
        Uniform State Fire Code, 1997 Edition, shall apply applies. 
           (b) A motorized tank vehicle used to transport petroleum 
        products may be parked within 500 feet of a residence if the 
        vehicle is parked at an aboveground tank facility used for 
        dispensing petroleum into cargo tanks for sale at another 
        location. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 6.  Minnesota Statutes 2004, section 299F.05, is 
        amended to read: 
           299F.05 [LAW ENFORCEMENT POWERS; INFORMATION SYSTEM.] 
           Subdivision 1.  [INVESTIGATION, ARREST, AND PROSECUTION.] 
        The state fire marshal, On determining that reasonable grounds 
        exist to believe that a violation of sections 609.561 to 609.576 
        has occurred, or reasonable grounds to believe that some other 
        crime has occurred in connection with a fire investigated 
        pursuant to section 299F.04, the state fire marshal shall so 
        inform the superintendent of the Bureau of Criminal 
        Apprehension.  The superintendent law enforcement authority 
        having jurisdiction, who shall cooperate with the fire marshal 
        and local fire officials in further investigating the reported 
        incident in a manner which that may include supervising and 
        directing the subsequent criminal investigation, and taking the 
        testimony on oath of all persons supposed to be cognizant of any 
        facts relating to the matter under investigation.  If the 
        superintendent believes On determining that there is evidence 
        sufficient to charge any person with a violation of sections 
        609.561 to 609.576, or of any other crime in connection with an 
        investigated fire, the superintendent authority having 
        jurisdiction shall arrest or cause have the person to be 
        arrested and charged with the offense and furnish to the proper 
        prosecuting attorney all relevant evidence, together with the 
        copy of all names of witnesses and all the information obtained 
        by the superintendent authority or the state fire marshal, 
        including a copy of all pertinent and material testimony taken 
        in the case. 
           Subd. 2.  [INFORMATION SYSTEM.] The state fire marshal and 
        the superintendent of the Bureau of Criminal Apprehension shall 
        maintain a record of arrests, charges filed, and final 
        disposition of all fires reported and investigated under 
        sections 299F.04 and 299F.05.  For this purpose, the Department 
        of Public Safety shall implement a single reporting system shall 
        be implemented by the Department of Public Safety utilizing the 
        systems operated by the fire marshal and the bureau.  The system 
        shall must be operated in such a way as to minimize duplication 
        and discrepancies in reported figures. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 7.  Minnesota Statutes 2004, section 299F.051, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 
        state fire marshal and the superintendent of the Bureau of 
        Criminal Apprehension shall encourage the cooperation of local 
        firefighters and peace officers in the investigation of 
        violations of sections 609.561 to 609.576 or other crimes 
        associated with reported fires in all appropriate ways, 
        including providing reimbursement to political subdivisions at a 
        rate not to exceed 50 percent of the salaries of peace officers 
        and firefighters for time spent in attending fire investigation 
        training courses offered by the arson training unit.  Volunteer 
        firefighters from a political subdivision shall be reimbursed at 
        the rate of $35 per day plus expenses incurred in attending fire 
        investigation training courses offered by the arson training 
        unit.  Reimbursement shall be made only in the event that both a 
        peace officer and a firefighter from the same political 
        subdivision attend the same training course.  The reimbursement 
        shall be subject to the limitation of funds appropriated and 
        available for expenditure.  The state fire marshal and the 
        superintendent also shall encourage local firefighters and peace 
        officers to seek assistance from the arson strike force 
        established in section 299F.058. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 8.  Minnesota Statutes 2004, section 299F.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SUMMON WITNESSES; PRODUCE DOCUMENTARY 
        EVIDENCE.] (a) In order to establish if reasonable grounds exist 
        to believe that a violation of sections 609.561 to 609.576, has 
        occurred, or to determine compliance with the Uniform State Fire 
        Code or corrective orders issued thereunder under that code, the 
        state fire marshal and the staff designated by the state fire 
        marshal shall have the power, in any county of the state to, may 
        summon and compel the attendance of witnesses to testify before 
        the state fire marshal, chief assistant fire marshal, or deputy 
        state fire marshals, and may require the production of any book, 
        paper, or document deemed pertinent.  The state fire marshal may 
        also designate certain individuals from fire departments in 
        cities of the first class and cities of the second class as 
        having the powers set forth in this paragraph.  These designated 
        individuals may only exercise their powers in a manner 
        prescribed by the state fire marshal.  "Fire department" has the 
        meaning given in section 299F.092, subdivision 6.  "Cities of 
        the first class" and "cities of the second class" have the 
        meanings given in section 410.01.  
           (b) A summons issued under this subdivision shall must be 
        served in the same manner and have has the same effect as 
        subpoenas a subpoena issued from a district courts court.  All 
        witnesses shall must receive the same compensation as is paid to 
        witnesses in district courts, which shall must be paid out of 
        the fire marshal fund upon vouchers a voucher certificate signed 
        by the state fire marshal, chief assistant fire marshal, or 
        deputy fire marshal before whom any witnesses shall have 
        attended and this officer shall, at the close of the 
        investigation wherein in which the witness was subpoenaed, 
        certify to the attendance and mileage of the witness, which.  
        This certificate shall must be filed in the Office of the State 
        Fire Marshal.  All investigations held by or under the direction 
        of the state fire marshal, or any subordinate, may, in the state 
        fire marshal's discretion, be private and persons other than 
        those required to be present by the provisions of this chapter 
        may be excluded from the place where the investigation is held, 
        and witnesses may be kept separate and apart from each other and 
        not allowed to communicate with each other until they have been 
        examined. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 9.  Minnesota Statutes 2004, section 299F.19, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RULES.] The commissioner of public safety 
        shall adopt rules for the safekeeping, storage, handling, use, 
        or other disposition of flammable liquids, flammable gases, 
        blasting agents, and explosives.  Loads carried in or on 
        vehicles transporting such these products upon public highways 
        within this state shall be are governed by the uniform vehicle 
        size and weights provisions in sections 169.80 to 169.88 and the 
        transportation of hazardous materials provisions of section 
        221.033.  The rules for flammable liquids and flammable gases 
        shall be distinguished from each other and from the rules 
        covering other materials subject to regulation under this 
        subdivision. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 10.  Minnesota Statutes 2004, section 299F.19, 
        subdivision 2, is amended to read: 
           Subd. 2.  [BLASTING AGENT DEFINED; EXPLOSIVES CLASSIFIED.] 
        (a) For the purposes of this section, and the rules adopted 
        pursuant thereto, the term to this section: 
           (a) "Blasting agent" means any material or mixture, 
        consisting of a fuel and oxidizer, intended for blasting, not 
        otherwise classified as an explosive and in which none of the 
        ingredients is classified as an explosive,; providing that, the 
        finished product, as mixed and packaged for use or shipment, 
        cannot be detonated by means of a number 8 test blasting cap 
        when unconfined.  The term "Blasting agent" does not include 
        flammable liquids or flammable gases. 
           (b) For the purposes of this section, and the rules adopted 
        pursuant thereto, "Explosive" means any chemical compound, 
        mixture, or device, the primary or common purpose of which is to 
        function by explosion.  The term includes, but is not limited 
        to, dynamite, black powder, pellet powder, initiating 
        explosives, detonators, safety fuses, squibs, detonating cord, 
        igniter cord, igniters, display fireworks, and class 1.3G 
        fireworks (formerly classified as Class B special fireworks).  
        "Explosive" includes any material determined to be within the 
        scope of United States Code, title 18, chapter 40, and also 
        includes any material classified as an explosive other than 
        consumer fireworks, 1.4G (Class C, Common), by the hazardous 
        materials regulations of the United States Department of 
        Transportation (DOTn) in Code of Federal Regulations, title 49. 
           (c) Explosives are divided into three classes four 
        categories and are defined as follows: 
           (1) class A explosives:  possessing detonating or otherwise 
        maximum hazard, such as dynamite, nitroglycerin, picric acid, 
        lead azide, fulminate of mercury, blasting caps, and detonating 
        primers; 
           (2) class B explosives:  possessing flammable hazard, such 
        as propellant explosives (including some smokeless powders), 
        black powder, photographic flash powders, and some special 
        fireworks; 
           (3) class C explosives:  includes certain types of 
        manufactured articles which contain class A, or class B 
        explosives, or both, as components but in restricted quantities. 
        The term explosive or explosives means any chemical compound, 
        mixture or device, the primary or common purpose of which is to 
        function by explosion; that is, with substantially instantaneous 
        release of gas and heat, unless such compound, mixture, or 
        device is otherwise specifically classified by the United States 
        Department of Transportation.  The term explosives includes all 
        material which is classified as class A, class B, and class C 
        explosives by the United States Department of Transportation, 
        and includes, but is not limited to dynamite, black powder, 
        pellet powder, initiating explosives, blasting caps, electric 
        blasting caps, safety fuse, fuse lighters, fuse igniters, 
        squibs, cordeau detonate fuse, instantaneous fuse, igniter cord, 
        igniters, and some special fireworks.  Commercial explosives are 
        those explosives which are intended to be used in commercial or 
        industrial operation.  The term explosives does not include 
        flammable liquids or flammable gases. 
           (1) High explosive:  explosive material, such as dynamite, 
        that can be caused to detonate by means of a number eight test 
        blasting cap when unconfined. 
           (2) Low explosive:  explosive material that will burn or 
        deflagrate when ignited, characterized by a rate of reaction 
        that is less than the speed of sound, including, but not limited 
        to, black powder, safety fuse, igniters, igniter cord, fuse 
        lighters, class 1.3G fireworks (formerly classified as Class B 
        special fireworks), and class 1.3C propellants. 
           (3) Mass-detonating explosives:  division 1.1, 1.2, and 1.5 
        explosives alone or in combination, or loaded into various types 
        of ammunition or containers, most of which can be expected to 
        explode virtually instantaneously when a small portion is 
        subjected to fire, severe concussion, impact, the impulse of an 
        initiating agent, or the effect of a considerable discharge of 
        energy from without.  Materials that react in this manner 
        represent a mass explosion hazard.  Such an explosive will 
        normally cause severe structural damage to adjacent objects.  
        Explosive propagation could occur immediately to other items of 
        ammunition and explosives stored sufficiently close to and not 
        adequately protected from the initially exploding pile with a 
        time interval short enough so that two or more quantities must 
        be considered as one for quantity-distance purposes. 
           (4) United Nations/United States Department of 
        Transportation (UN/DOTn) Class 1 explosives:  the hazard class 
        of explosives that further defines and categorizes explosives 
        under the current system applied by DOTn for all explosive 
        materials into further divisions as follows, with the letter G 
        identifying the material as a pyrotechnic substance or article 
        containing a pyrotechnic substance and similar materials: 
           (i) Division 1.1 explosives have a mass explosion hazard.  
        A mass explosion is one that affects almost the entire load 
        instantaneously. 
           (ii) Division 1.2 explosives have a projection hazard but 
        not a mass explosion hazard. 
           (iii) Division 1.3 explosives have a fire hazard and either 
        a minor blast hazard or a minor projection hazard or both, but 
        not a mass explosion hazard. 
           (iv) Division 1.4 explosives pose a minor explosion 
        hazard.  The explosive effects are largely confined to the 
        package and no projection of fragments of appreciable size or 
        range is to be expected.  An external fire must not cause 
        virtually instantaneous explosion of almost the entire contents 
        of the package. 
           (v) Division 1.5 explosives are very insensitive and are 
        comprised of substances that have a mass explosion hazard, but 
        are so insensitive that there is very little probability of 
        initiation or of transition from burning to detonation under 
        normal conditions of transport. 
           (vi) Division 1.6 explosives are extremely insensitive and 
        do not have a mass explosion hazard, comprised of articles that 
        contain only extremely insensitive detonating substances and 
        that demonstrate a negligible probability of accidental 
        initiation or propagation. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 11.  Minnesota Statutes 2004, section 299F.362, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SMOKE DETECTOR FOR ANY DWELLING.] Every dwelling 
        unit within a dwelling shall must be provided with a smoke 
        detector meeting the requirements of Underwriters Laboratories, 
        Inc., or approved by the International Conference of Building 
        Officials the State Fire Code.  The detector shall must be 
        mounted in accordance with the rules regarding smoke detector 
        location promulgated adopted under the provisions of subdivision 
        2.  When actuated, the detector shall must provide an alarm in 
        the dwelling unit. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 12.  Minnesota Statutes 2004, section 299F.362, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SMOKE DETECTOR FOR APARTMENT, LODGING HOUSE, OR 
        HOTEL.] Every dwelling unit within an apartment house and every 
        guest room in a lodging house or hotel used for sleeping 
        purposes shall must be provided with a smoke detector conforming 
        to the requirements of Underwriters Laboratories, Inc., or 
        approved by the International Conference of Building 
        Officials the State Fire Code.  In dwelling units, detectors 
        shall must be mounted in accordance with the rules regarding 
        smoke detector location promulgated adopted under the provisions 
        of subdivision 2.  When actuated, the detector shall must 
        provide an alarm in the dwelling unit or guest room. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 13.  Minnesota Statutes 2004, 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 
        (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.  
           (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 edition of the 
        Minnesota Uniform State 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 July 1, 2005. 
           Sec. 14.  [INSTRUCTION TO REVISOR.] 
           The revisor of statutes shall change the terms "Minnesota 
        Uniform Fire Code" and "Uniform Fire Code" to "State Fire Code" 
        where found in Minnesota Statutes, sections 16B.61, subdivision 
        2; 126C.10, subdivision 14; 136F.61; 245A.151; 299F.011, 
        subdivisions 1, 4, 4b, 4c, 5, and 6; 299F.013; 299F.015, 
        subdivision 1; 299F.06, subdivision 1; 299F.092, subdivision 6; 
        299F.093, subdivision 1; 299F.362, subdivision 6; 299F.391, 
        subdivisions 2 and 3; 299M.12; 414.0325, subdivision 5; and 
        462.3585. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 15.  [REPEALER.] 
           Minnesota Statutes 2004, sections 69.011, subdivision 5; 
        299F.011, subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12; 
        299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 299F.451; 
        and 299F.452, are repealed. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 

                                   ARTICLE 10 
                   911 EMERGENCY TELECOMMUNICATIONS SERVICES 
           Section 1.  [237.491] [COMBINED PER NUMBER FEE.] 
           Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
        subdivision apply to this section. 
           (b) "911 emergency and public safety communications program"
        means the program governed by chapter 403. 
           (c) "Minnesota telephone number" means a ten-digit 
        telephone number being used to connect to the public switched 
        telephone network and starting with area code 218, 320, 507, 
        612, 651, 763, or 952, or any subsequent area code assigned to 
        this state. 
           (d) "Service provider" means a provider doing business in 
        this state who provides real time, two-way voice service with a 
        Minnesota telephone number.  
           (e) "Telecommunications access Minnesota program" means the 
        program governed by sections 237.50 to 237.55. 
           (f) "Telephone assistance program" means the program 
        governed by sections 237.69 to 237.711. 
           Subd. 2.  [PER NUMBER FEE.] (a) By January 15, 2006, the 
        commissioner of commerce shall report to the legislature and to 
        the senate Committee on Jobs, Energy, and Community Development 
        and the house Committee on Regulated Industries, recommendations 
        for the amount of and method for assessing a fee that would 
        apply to each service provider based upon the number of 
        Minnesota telephone numbers in use by current customers of the 
        service provider.  The fee would be set at a level calculated to 
        generate only the amount of revenue necessary to fund: 
           (1) the telephone assistance program and the 
        telecommunications access Minnesota program at the levels 
        established by the commission under sections 237.52, subdivision 
        2, and 237.70; and 
           (2) the 911 emergency and public safety communications 
        program at the levels appropriated by law to the commissioner of 
        public safety and the commissioner of finance for purposes of 
        sections 403.11, 403.113, 403.27, 403.30, and 403.31 for each 
        fiscal year. 
           (b) The recommendations must include any changes to 
        Minnesota Statutes necessary to establish the procedures whereby 
        each service provider, to the extent allowed under federal law, 
        would collect and remit the fee proceeds to the commissioner of 
        revenue.  The commissioner of revenue would allocate the fee 
        proceeds to the three funding areas in paragraph (a) and credit 
        the allocations to the appropriate accounts. 
           (c) The recommendations must be designed to allow the 
        combined per telephone number fee to be collected beginning July 
        1, 2006.  The per access line fee used to collect revenues to 
        support the TAP, TAM, and 911 programs remains in effect until 
        the statutory changes necessary to implement the per telephone 
        number fee have been enacted into law and taken effect.  
           (d) As part of the process of developing the 
        recommendations and preparing the report to the legislature 
        required under paragraph (a), the commissioner of commerce must, 
        at a minimum, consult regularly with the Departments of Public 
        Safety, Finance, and Administration, the Public Utilities 
        Commission, service providers, the chairs and ranking minority 
        members of the senate and house committees, subcommittees, and 
        divisions having jurisdiction over telecommunications and public 
        safety, and other affected parties. 
           Sec. 2.  Minnesota Statutes 2004, section 237.70, 
        subdivision 7, is amended to read: 
           Subd. 7.  [APPLICATION, NOTICE, FINANCIAL ADMINISTRATION, 
        COMPLAINT INVESTIGATION.] The telephone assistance plan must be 
        administered jointly by the commission, the Department of 
        Commerce, and the local service providers in accordance with the 
        following guidelines: 
           (a) The commission and the Department of Commerce shall 
        develop an application form that must be completed by the 
        subscriber for the purpose of certifying eligibility for 
        telephone assistance plan credits to the local service 
        provider.  The application must contain the applicant's Social 
        Security number.  Applicants who refuse to provide a Social 
        Security number will be denied telephone assistance plan 
        credits.  The application form must also include a statement 
        that the applicant household is currently eligible for one of 
        the programs that confers eligibility for the federal Lifeline 
        Program.  The application must be signed by the applicant, 
        certifying, under penalty of perjury, that the information 
        provided by the applicant is true. 
           (b) Each local service provider shall annually mail a 
        notice of the availability of the telephone assistance plan to 
        each residential subscriber in a regular billing and shall mail 
        the application form to customers when requested.  
           The notice must state the following: 
           YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 
        BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE 
        PROGRAMS.  FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE 
        CONTACT ......... 
           (c) An application may be made by the subscriber, the 
        subscriber's spouse, or a person authorized by the subscriber to 
        act on the subscriber's behalf.  On completing the application 
        certifying that the statutory criteria for eligibility are 
        satisfied, the applicant must return the application to the 
        subscriber's local service provider.  On receiving a completed 
        application from an applicant, the subscriber's local service 
        provider shall provide telephone assistance plan credits against 
        monthly charges in the earliest possible month following receipt 
        of the application.  The applicant must receive telephone 
        assistance plan credits until the earliest possible month 
        following the service provider's receipt of information that the 
        applicant is ineligible. 
        If the telephone assistance plan credit is not itemized on the 
        subscriber's monthly charges bill for local telephone service, 
        the local service provider must notify the subscriber of the 
        approval for the telephone assistance plan credit. 
           (d) The commission shall serve as the coordinator of the 
        telephone assistance plan and be reimbursed for its 
        administrative expenses from the surcharge revenue pool.  As the 
        coordinator, the commission shall: 
           (1) establish a uniform statewide surcharge in accordance 
        with subdivision 6; 
           (2) establish a uniform statewide level of telephone 
        assistance plan credit that each local service provider shall 
        extend to each eligible household in its service area; 
           (3) require each local service provider to account to the 
        commission on a periodic basis for surcharge revenues collected 
        by the provider, expenses incurred by the provider, not to 
        include expenses of collecting surcharges, and credits extended 
        by the provider under the telephone assistance plan; 
           (4) require each local service provider to remit surcharge 
        revenues to the Department of Administration Public Safety for 
        deposit in the fund; and 
           (5) remit to each local service provider from the surcharge 
        revenue pool the amount necessary to compensate the provider for 
        expenses, not including expenses of collecting the surcharges, 
        and telephone assistance plan credits.  When it appears that the 
        revenue generated by the maximum surcharge permitted under 
        subdivision 6 will be inadequate to fund any particular 
        established level of telephone assistance plan credits, the 
        commission shall reduce the credits to a level that can be 
        adequately funded by the maximum surcharge.  Similarly, the 
        commission may increase the level of the telephone assistance 
        plan credit that is available or reduce the surcharge to a level 
        and for a period of time that will prevent an unreasonable 
        overcollection of surcharge revenues. 
           (e) Each local service provider shall maintain adequate 
        records of surcharge revenues, expenses, and credits related to 
        the telephone assistance plan and shall, as part of its annual 
        report or separately, provide the commission and the Department 
        of Commerce with a financial report of its experience under the 
        telephone assistance plan for the previous year.  That report 
        must also be adequate to satisfy the reporting requirements of 
        the federal matching plan.  
           (f) The Department of Commerce shall investigate complaints 
        against local service providers with regard to the telephone 
        assistance plan and shall report the results of its 
        investigation to the commission.  
           Sec. 3.  Minnesota Statutes 2004, section 403.02, 
        subdivision 7, is amended to read: 
           Subd. 7.  [AUTOMATIC LOCATION IDENTIFICATION.] "Automatic 
        location identification" means the process of electronically 
        identifying and displaying on a special viewing screen the name 
        of the subscriber and the location, where available, of the 
        calling telephone number to a person answering a 911 emergency 
        call. 
           Sec. 4.  Minnesota Statutes 2004, section 403.02, 
        subdivision 13, is amended to read: 
           Subd. 13.  [ENHANCED 911 SERVICE.] "Enhanced 911 service" 
        means the use of selective routing, automatic location 
        identification, or local location identification as part of 
        local 911 service provided by an enhanced 911 system consisting 
        of a common 911 network and database and customer data and 
        network components connecting to the common 911 network and 
        database. 
           Sec. 5.  Minnesota Statutes 2004, section 403.02, 
        subdivision 17, is amended to read: 
           Subd. 17.  [911 SERVICE.] "911 service" means a 
        telecommunications service that automatically connects a person 
        dialing the digits 911 to an established public safety answering 
        point.  911 service includes: 
           (1) equipment for connecting and outswitching 911 calls 
        within a telephone central office, trunking facilities from the 
        central office to a public safety answering point customer data 
        and network components connecting to the common 911 network and 
        database; 
           (2) common 911 network and database equipment, as 
        appropriate, for automatically selectively routing 911 calls in 
        situations where one telephone central office serves more than 
        one to the public safety answering point serving the caller's 
        jurisdiction; and 
           (3) provision of automatic location identification if the 
        public safety answering point has the capability of providing 
        that service. 
           Sec. 6.  Minnesota Statutes 2004, section 403.02, is 
        amended by adding a subdivision to read: 
           Subd. 17a.  [911 EMERGENCY TELECOMMUNICATIONS SERVICE 
        PROVIDER.] "911 emergency telecommunications service provider" 
        means a telecommunications service provider or other entity, 
        determined by the commissioner to be capable of providing 
        effective and efficient components of the 911 system, that 
        provides all or portions of the network and database for 
        automatically selectively routing 911 calls to the public safety 
        answering point serving the caller's jurisdiction. 
           Sec. 7.  Minnesota Statutes 2004, section 403.025, 
        subdivision 3, is amended to read: 
           Subd. 3.  [WIRE-LINE CONNECTED TELECOMMUNICATIONS SERVICE 
        PROVIDER REQUIREMENTS.] Every owner and operator of a 
        wire-line or wireless circuit switched or packet-based 
        telecommunications system connected to the public switched 
        telephone network shall design and maintain the system to dial 
        the 911 number without charge to the caller. 
           Sec. 8.  Minnesota Statutes 2004, section 403.025, 
        subdivision 7, is amended to read: 
           Subd. 7.  [CONTRACTUAL REQUIREMENTS.] (a) The state, 
        together with the county or other governmental agencies 
        operating public safety answering points, shall contract with 
        the appropriate wire-line telecommunications service 
        providers or other entities determined by the commissioner to be 
        capable of providing effective and efficient components of the 
        911 system for the operation, maintenance, enhancement, and 
        expansion of the 911 system. 
           (b) The state shall contract with the appropriate wireless 
        telecommunications service providers for maintaining, enhancing, 
        and expanding the 911 system. 
           (c) The contract language or subsequent amendments to the 
        contract must include a description of the services to be 
        furnished by wireless and wire-line telecommunications service 
        providers to the county or other governmental agencies operating 
        public safety answering points, as well as compensation based on 
        the effective tariff or price list approved by the Public 
        Utilities Commission.  The contract language or subsequent 
        amendments must include the terms of compensation based on the 
        effective tariff or price list filed with the Public Utilities 
        Commission or the prices agreed to by the parties. 
           (d) The contract language or subsequent amendments to 
        contracts between the parties must contain a provision for 
        resolving disputes. 
           Sec. 9.  Minnesota Statutes 2004, section 403.05, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AGREEMENTS FOR SERVICE.] Each county and any 
        other governmental agency shall contract with the state and 
        wire-line telecommunications service providers or other entities 
        determined by the commissioner to be capable of providing 
        effective and efficient components of the 911 system for the 
        recurring and nonrecurring costs associated with operating and 
        maintaining 911 emergency communications systems. 
           Sec. 10.  Minnesota Statutes 2004, section 403.07, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DATABASE.] In 911 systems that have been 
        approved by the commissioner for a local location identification 
        database, each wire-line telecommunications service provider 
        shall provide current customer names, service addresses, and 
        telephone numbers to each public safety answering point within 
        the 911 system and shall update the information according to a 
        schedule prescribed by the county 911 plan.  Information 
        provided under this subdivision must be provided in accordance 
        with the transactional record disclosure requirements of the 
        federal Electronic Communications Privacy Act of 1986 1932, 
        United States Code, title 18 47, section 2703 222, 
        subsection (c), paragraph (1), subparagraph (B)(iv) (g).  
           Sec. 11.  Minnesota Statutes 2004, section 403.08, 
        subdivision 10, is amended to read: 
           Subd. 10.  [PLAN INTEGRATION.] Counties shall incorporate 
        the statewide design when modifying county 911 plans to provide 
        for integrating wireless 911 service into existing county 911 
        systems.  The commissioner shall contract with the involved 
        wireless service providers and 911 emergency telecommunications 
        service providers to integrate cellular and other wireless 
        services into existing 911 systems where feasible. 
           Sec. 12.  Minnesota Statutes 2004, section 403.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [EMERGENCY TELECOMMUNICATIONS SERVICE FEE; 
        ACCOUNT.] (a) Each customer of a wireless or wire-line switched 
        or packet-based telecommunications service provider connected to 
        the public switched telephone network that furnishes service 
        capable of originating a 911 emergency telephone call is 
        assessed a fee based upon the number of wired or wireless 
        telephone lines, or their equivalent, to cover the costs of 
        ongoing maintenance and related improvements for trunking and 
        central office switching equipment for 911 emergency 
        telecommunications service, plus administrative and staffing 
        costs of the commissioner related to managing the 911 emergency 
        telecommunications service program.  Recurring charges by a 
        wire-line telecommunications service provider for updating the 
        information required by section 403.07, subdivision 3, must be 
        paid by the commissioner if the wire-line telecommunications 
        service provider is included in an approved 911 plan and the 
        charges are made pursuant to tariff, price list, or contract.  
        The fee assessed under this section must also be used for the 
        purpose of offsetting the costs, including administrative and 
        staffing costs, incurred by the State Patrol Division of the 
        Department of Public Safety in handling 911 emergency calls made 
        from wireless phones.  
           (b) Money remaining in the 911 emergency telecommunications 
        service account after all other obligations are paid must not 
        cancel and is carried forward to subsequent years and may be 
        appropriated from time to time to the commissioner to provide 
        financial assistance to counties for the improvement of local 
        emergency telecommunications services.  The improvements may 
        include providing access to 911 service for telecommunications 
        service subscribers currently without access and upgrading 
        existing 911 service to include automatic number identification, 
        local location identification, automatic location 
        identification, and other improvements specified in revised 
        county 911 plans approved by the commissioner. 
           (c) The fee may not be less than eight cents nor more than 
        40 65 cents a month for each customer access line or other basic 
        access service, including trunk equivalents as designated by the 
        Public Utilities Commission for access charge purposes and 
        including wireless telecommunications services.  With the 
        approval of the commissioner of finance, the commissioner of 
        public safety shall establish the amount of the fee within the 
        limits specified and inform the companies and carriers of the 
        amount to be collected.  When the revenue bonds authorized under 
        section 403.27, subdivision 1, have been fully paid or defeased, 
        the commissioner shall reduce the fee to reflect that debt 
        service on the bonds is no longer needed.  The commissioner 
        shall provide companies and carriers a minimum of 45 days' 
        notice of each fee change.  The fee must be the same for all 
        customers.  
           (d) The fee must be collected by each wireless or wire-line 
        telecommunications service provider subject to the fee.  Fees 
        are payable to and must be submitted to the commissioner monthly 
        before the 25th of each month following the month of collection, 
        except that fees may be submitted quarterly if less than $250 a 
        month is due, or annually if less than $25 a month is due.  
        Receipts must be deposited in the state treasury and credited to 
        a 911 emergency telecommunications service account in the 
        special revenue fund.  The money in the account may only be used 
        for 911 telecommunications services. 
           (e) This subdivision does not apply to customers of 
        interexchange carriers. 
           (f) The installation and recurring charges for integrating 
        wireless 911 calls into enhanced 911 systems must be paid by the 
        commissioner if the 911 service provider is included in the 
        statewide design plan and the charges are made pursuant to 
        tariff, price list, or contract. 
           Sec. 13.  Minnesota Statutes 2004, section 403.11, 
        subdivision 3, is amended to read: 
           Subd. 3.  [METHOD OF PAYMENT.] (a) Any wireless or 
        wire-line telecommunications service provider incurring 
        reimbursable costs under subdivision 1 shall submit an invoice 
        itemizing rate elements by county or service area to the 
        commissioner for 911 services furnished under tariff, price 
        list, or contract.  Any wireless or wire-line telecommunications 
        service provider is eligible to receive payment for 911 services 
        rendered according to the terms and conditions specified in the 
        contract.  Competitive local exchange carriers holding 
        certificates of authority from the Public Utilities Commission 
        are eligible to receive payment for recurring 911 services 
        provided after July 1, 2001.  The commissioner shall pay the 
        invoice within 30 days following receipt of the invoice unless 
        the commissioner notifies the service provider that the 
        commissioner disputes the invoice.  
           (b) The commissioner shall estimate the amount required to 
        reimburse 911 emergency telecommunications service providers and 
        wireless and wire-line telecommunications service providers for 
        the state's obligations under subdivision 1 and the governor 
        shall include the estimated amount in the biennial budget 
        request.  
           Sec. 14.  Minnesota Statutes 2004, section 403.11, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [TIMELY CERTIFICATION.] A certification must be 
        submitted to the commissioner no later than two years one year 
        after commencing a new or additional eligible 911 service.  Any 
        wireless or wire-line telecommunications service provider 
        incurring reimbursable costs under this section at any time 
        before January 1, 2003, may certify those costs for payment to 
        the commissioner according to this section for a period of 90 
        days after January 1, 2003.  During this period, the 
        commissioner shall reimburse any wireless or wire-line 
        telecommunications service provider for approved, certified 
        costs without regard to any contrary provision of this 
        subdivision Each applicable contract must provide that, if 
        certified expenses under the contract deviate from estimates in 
        the contract by more than ten percent, the commissioner may 
        reduce the level of service without incurring any termination 
        fees. 
           Sec. 15.  Minnesota Statutes 2004, section 403.113, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FEE.] (a) Each customer receiving service 
        from a wireless or wire-line switched or packet-based 
        telecommunications service provider connected to the public 
        telephone network that furnishes service capable of originating 
        a 911 emergency telephone call is assessed a fee to fund 
        implementation, operation, maintenance, enhancement, and 
        expansion of enhanced 911 service, including acquisition of 
        necessary equipment and the costs of the commissioner to 
        administer the program.  The actual fee assessed under section 
        403.11 and the enhanced 911 service fee must be collected as one 
        amount and may not exceed the amount specified in section 
        403.11, subdivision 1, paragraph (c). 
           (b) The enhanced 911 service fee must be collected and 
        deposited in the same manner as the fee in section 403.11 and 
        used solely for the purposes of paragraph (a) and subdivision 3. 
           (c) The commissioner, in consultation with counties and 911 
        system users, shall determine the amount of the enhanced 911 
        service fee.  The fee must include at least ten cents per month 
        to be distributed under subdivision 2.  The commissioner shall 
        inform wireless and wire-line telecommunications service 
        providers that provide service capable of originating a 911 
        emergency telephone call of the total amount of the 911 service 
        fees in the same manner as provided in section 403.11. 
           Sec. 16.  Minnesota Statutes 2004, section 403.21, 
        subdivision 8, is amended to read: 
           Subd. 8.  [SUBSYSTEMS.] "Subsystems" or "public safety 
        radio subsystems" means systems identified in the plan or a plan 
        developed under section 403.36 as subsystems interconnected by 
        the system backbone in subsequent phases and operated by the 
        Metropolitan Radio Board, a regional radio board, or local 
        government units for their own internal operations. 
           Sec. 17.  Minnesota Statutes 2004, section 403.27, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORIZATION.] (a) After consulting with 
        the commissioner of finance, the council, if requested by a vote 
        of at least two-thirds of all of the members of the Metropolitan 
        Radio Board, may, by resolution, authorize the issuance of its 
        revenue bonds for any of the following purposes to: 
           (1) provide funds for regionwide mutual aid and emergency 
        medical services communications; 
           (2) provide funds for the elements of the first phase of 
        the regionwide public safety radio communication system that the 
        board determines are of regionwide benefit and support mutual 
        aid and emergency medical services communication including, but 
        not limited to, costs of master controllers of the backbone; 
           (3) provide money for the second phase of the public safety 
        radio communication system; 
           (4) to the extent money is available after meeting the 
        needs described in clauses (1) to (3), provide money to 
        reimburse local units of government for amounts expended for 
        capital improvements to the first phase system previously paid 
        for by the local government units; or 
           (5) refund bonds issued under this section. 
           (b) After consulting with the commissioner of finance, the 
        council, if requested by a vote of at least two-thirds of all of 
        the members of the Statewide Radio Board, may, by resolution, 
        authorize the issuance of its revenue bonds to provide money for 
        the third phase of the public safety radio communication system. 
           Sec. 18.  Minnesota Statutes 2004, section 403.27, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LIMITATIONS.] (a) The principal amount of the 
        bonds issued pursuant to subdivision 1, exclusive of any 
        original issue discount, shall not exceed the amount of 
        $10,000,000 plus the amount the council determines necessary to 
        pay the costs of issuance, fund reserves, debt service, and pay 
        for any bond insurance or other credit enhancement. 
           (b) In addition to the amount authorized under paragraph 
        (a), the council may issue bonds under subdivision 1 in a 
        principal amount of $3,306,300, plus the amount the council 
        determines necessary to pay the cost of issuance, fund reserves, 
        debt service, and any bond insurance or other credit 
        enhancement.  The proceeds of bonds issued under this paragraph 
        may not be used to finance portable or subscriber radio sets. 
           (c) In addition to the amount authorized under paragraphs 
        (a) and (b), the council may issue bonds under subdivision 1 in 
        a principal amount of $18,000,000, plus the amount the council 
        determines necessary to pay the costs of issuance, fund 
        reserves, debt service, and any bond insurance or other credit 
        enhancement.  The proceeds of bonds issued under this paragraph 
        must be used to pay up to 50 percent of the cost to a local 
        government unit of building a subsystem and may not be used to 
        finance portable or subscriber radio sets.  The bond proceeds 
        may be used to make improvements to an existing 800 MHz radio 
        system that will interoperate with the regionwide public safety 
        radio communication system, provided that the improvements 
        conform to the board's plan and technical standards.  The 
        council must time the sale and issuance of the bonds so that the 
        debt service on the bonds can be covered by the additional 
        revenue that will become available in the fiscal year ending 
        June 30, 2005, generated under section 403.11 and appropriated 
        under section 403.30.  
           (d) In addition to the amount authorized under paragraphs 
        (a) to (c), the council may issue bonds under subdivision 1 in a 
        principal amount of up to $27,000,000, plus the amount the 
        council determines necessary to pay the costs of issuance, fund 
        reserves, debt service, and any bond insurance or other credit 
        enhancement.  The proceeds of bonds issued under this paragraph 
        are appropriated to the commissioner of public safety for phase 
        three of the public safety radio communication system.  In 
        anticipation of the receipt by the commissioner of public safety 
        of the bond proceeds, the Metropolitan Radio Board may advance 
        money from its operating appropriation to the commissioner of 
        public safety to pay for design and preliminary engineering for 
        phase three.  The commissioner of public safety must return 
        these amounts to the Metropolitan Radio Board when the bond 
        proceeds are received. 
           Sec. 19.  [403.275] [STATE 911 REVENUE BONDS.] 
           Subdivision 1.  [BONDING AUTHORITY.] (a) The commissioner 
        of finance, if requested by a vote of at least two-thirds of all 
        the members of the Statewide Radio Board, shall sell and issue 
        state revenue bonds for the following purposes: 
           (1) to pay the costs of the statewide public safety radio 
        communication system backbone identified in the plan under 
        section 403.36 and those elements that the Statewide Radio Board 
        determines are of regional or statewide benefit and support 
        mutual aid and emergency medical services communication, 
        including, but not limited to, costs of master controllers of 
        the backbone; 
           (2) to pay the costs of issuance, debt service, and bond 
        insurance or other credit enhancements, and to fund reserves; 
        and 
           (3) to refund bonds issued under this section. 
           (b) The amount of bonds that may be issued for the purposes 
        of clause (1) will be set from time to time by law; the amount 
        of bonds that may be issued for the purposes of clauses (2) and 
        (3) is not limited. 
           (c) The bond proceeds may be used to to pay up to 50 
        percent of the cost to a local government unit of building a 
        subsystem.  The bond proceeds may be used to make improvements 
        to an existing 800 MHz radio system that will interoperate with 
        the regionwide public safety radio communication system, 
        provided that the improvements conform to the Statewide Radio 
        Board's plan and technical standards.  The bond proceeds may not 
        be used to pay for portable or subscriber radio sets. 
           Subd. 2.  [PROCEDURE.] (a) The commissioner may sell and 
        issue the bonds on the terms and conditions the commissioner 
        determines to be in the best interests of the state.  The bonds 
        may be sold at public or private sale.  The commissioner may 
        enter any agreements or pledges the commissioner determines 
        necessary or useful to sell the bonds that are not inconsistent 
        with sections 403.21 to 403.40.  Sections 16A.672 to 16A.675 
        apply to the bonds.  The proceeds of the bonds issued under this 
        section must be credited to a special 911 revenue bond proceeds 
        account in the state treasury. 
           (b) Before the proceeds are received in the 911 revenue 
        bond proceeds account, the commissioner of finance may transfer 
        to the account from the 911 emergency telecommunications service 
        account amounts not exceeding the expected proceeds from the 
        next bond sale.  The commissioner of finance shall return these 
        amounts to the 911 emergency telecommunications service account 
        by transferring proceeds when received.  The amounts of these 
        transfers are appropriated from the 911 emergency 
        telecommunications service account and from the 911 revenue bond 
        proceeds account. 
           Subd. 3.  [REVENUE SOURCES.] The debt service on the bonds 
        is payable only from the following sources: 
           (1) revenue credited to the 911 emergency 
        telecommunications service account from the fee imposed and 
        collected under section 237.491 or 403.11, subdivision 1, or 
        from any other source; and 
           (2) other revenues pledged to the payment of the bonds. 
           Subd. 4.  [REFUNDING BONDS.] The commissioner may issue 
        bonds to refund outstanding bonds issued under subdivision 1, 
        including the payment of any redemption premiums on the bonds 
        and any interest accrued or to accrue to the first redemption 
        date after delivery of the refunding bonds.  The proceeds of the 
        refunding bonds may, in the discretion of the commissioner, be 
        applied to the purchases or payment at maturity of the bonds to 
        be refunded, or the redemption of the outstanding bonds on the 
        first redemption date after delivery of the refunding bonds and 
        may, until so used, be placed in escrow to be applied to the 
        purchase, retirement, or redemption.  Refunding bonds issued 
        under this subdivision must be issued and secured in the manner 
        provided by the commissioner. 
           Subd. 5.  [NOT A GENERAL OR MORAL OBLIGATION.] Bonds issued 
        under this section are not public debt, and the full faith, 
        credit, and taxing powers of the state are not pledged for their 
        payment.  The bonds may not be paid, directly in whole or in 
        part from a tax of statewide application on any class of 
        property, income, transaction, or privilege.  Payment of the 
        bonds is limited to the revenues explicitly authorized to be 
        pledged under this section.  The state neither makes nor has a 
        moral obligation to pay the bonds if the pledged revenues and 
        other legal security for them is insufficient. 
           Subd. 6.  [TRUSTEE.] The commissioner may contract with and 
        appoint a trustee for bond holders.  The trustee has the powers 
        and authority vested in it by the commissioner under the bond 
        and trust indentures.  
           Subd. 7.  [PLEDGES.] Any pledge made by the commissioner is 
        valid and binding from the time the pledge is made.  The money 
        or property pledged and later received by the commissioner is 
        immediately subject to the lien of the pledge without any 
        physical delivery of the property or money or further act, and 
        the lien of any pledge is valid and binding as against all 
        parties having claims of any kind in tort, contract, or 
        otherwise against the commissioner, whether or not those parties 
        have notice of the lien or pledge.  Neither the order nor any 
        other instrument by which a pledge is created need be recorded. 
           Subd. 8.  [BONDS; PURCHASE AND CANCELLATION.] The 
        commissioner, subject to agreements with bondholders that may 
        then exist, may, out of any money available for the purpose, 
        purchase bonds of the commissioner at a price not exceeding (1) 
        if the bonds are then redeemable, the redemption price then 
        applicable plus accrued interest to the next interest payment 
        date thereon, or (2) if the bonds are not redeemable, the 
        redemption price applicable on the first date after the purchase 
        upon which the bonds become subject to redemption plus accrued 
        interest to that date. 
           Subd. 9.  [STATE PLEDGE AGAINST IMPAIRMENT OF CONTRACTS.] 
        The state pledges and agrees with the holders of any bonds that 
        the state will not limit or alter the rights vested in the 
        commissioner to fulfill the terms of any agreements made with 
        the bondholders, or in any way impair the rights and remedies of 
        the holders until the bonds, together with interest on them, 
        with interest on any unpaid installments of interest, and all 
        costs and expenses in connection with any action or proceeding 
        by or on behalf of the bondholders, are fully met and 
        discharged.  The commissioner may include this pledge and 
        agreement of the state in any agreement with the holders of 
        bonds issued under this section. 
           Sec. 20.  Minnesota Statutes 2004, section 403.30, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [STANDING APPROPRIATION; COSTS COVERED.] 
        For each fiscal year beginning with the fiscal year commencing 
        July 1, 1997, The amount necessary to pay the following debt 
        service costs and reserves for bonds issued by the Metropolitan 
        Council under section 403.27 or by the commissioner of finance 
        under section 403.275 is appropriated to the commissioner of 
        public safety from the 911 emergency telecommunications service 
        account established under section 403.11: 
           (1) debt service costs and reserves for bonds issued 
        pursuant to section 403.27; 
           (2) repayment of the right-of-way acquisition loans; 
           (3) costs of design, construction, maintenance of, and 
        improvements to those elements of the first, second, and third 
        phases that support mutual aid communications and emergency 
        medical services; 
           (4) recurring charges for leased sites and equipment for 
        those elements of the first, second, and third phases that 
        support mutual aid and emergency medical communication services; 
        or 
           (5) aid to local units of government for sites and 
        equipment in support of mutual aid and emergency medical 
        communications services to the commissioner of finance.  The 
        commissioner of finance shall transmit the necessary amounts to 
        the Metropolitan Council as requested by the council. 
           This appropriation shall be used to pay annual debt service 
        costs and reserves for bonds issued pursuant to section 
        403.27 or 403.275 prior to use of fee money to pay other 
        costs eligible under this subdivision.  In no event shall the 
        appropriation for each fiscal year exceed an amount equal to 
        four cents a month for each customer access line or other basic 
        access service, including trunk equivalents as designated by the 
        Public Utilities Commission for access charge purposes and 
        including cellular and other nonwire access services, in the 
        fiscal year.  Beginning July 1, 2004, this amount will increase 
        to 13 cents a month or to support other appropriations. 
           Sec. 21.  [REPEALER.] 
           Minnesota Statutes 2004, section 403.30, subdivision 3, is 
        repealed. 
           Sec. 22.  [EFFECTIVE DATE.] 
           Sections 1 to 21 are effective the day following final 
        enactment and apply to contracts entered into on or after that 
        date.  Notwithstanding Minnesota Statutes, section 403.11, 
        subdivision 1, as amended by this act, a fee change under that 
        subdivision in calendar year 2005 may become effective after a 
        minimum of 30 days' notice. 

                                   ARTICLE 11 
                             LAW ENFORCEMENT POLICY 
           Section 1.  Minnesota Statutes 2004, section 299A.38, 
        subdivision 2, is amended to read: 
           Subd. 2.  [STATE AND LOCAL REIMBURSEMENT.] Peace officers 
        and heads of local law enforcement agencies who buy vests for 
        the use of peace officer employees may apply to the commissioner 
        for reimbursement of funds spent to buy vests.  On approving an 
        application for reimbursement, the commissioner shall pay the 
        applicant an amount equal to the lesser of one-half of the 
        vest's purchase price or $300 $600, as adjusted according to 
        subdivision 2a.  The political subdivision that employs the 
        peace officer shall pay at least the lesser of one-half of the 
        vest's purchase price or $300 $600, as adjusted according to 
        subdivision 2a.  The political subdivision may not deduct or pay 
        its share of the vest's cost from any clothing, maintenance, or 
        similar allowance otherwise provided to the peace officer by the 
        law enforcement agency. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 2.  Minnesota Statutes 2004, section 299A.38, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October 
        1, 1997 2006, the commissioner of public safety shall adjust 
        the $300 $600 reimbursement amounts specified in subdivision 2, 
        and in each subsequent year, on October 1, the commissioner 
        shall adjust the reimbursement amount applicable immediately 
        preceding that October 1 date.  The adjusted rate must reflect 
        the annual percentage change in the Consumer Price Index for all 
        urban consumers, published by the federal Bureau of Labor 
        Statistics, occurring in the one-year period ending on the 
        preceding June 1. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 3.  Minnesota Statutes 2004, section 299A.38, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ELIGIBILITY REQUIREMENTS.] (a) Only vests that 
        either meet or exceed the requirements of standard 0101.03 of 
        the National Institute of Justice or that meet or exceed the 
        requirements of that standard, except wet armor conditioning, 
        are eligible for reimbursement. 
           (b) Eligibility for reimbursement is limited to vests 
        bought after December 31, 1986, by or for peace officers (1) who 
        did not own a vest meeting the requirements of paragraph (a) 
        before the purchase, or (2) who owned a vest that was at least 
        six five years old. 
           (c) The requirement set forth in paragraph (b), clauses (1) 
        and (2), shall not apply to any peace officer who purchases a 
        vest constructed from a zylon-based material, provided that the 
        peace officer provides proof of purchase or possession of the 
        vest prior to July 1, 2005. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 4.  [299A.641] [GANG AND DRUG OVERSIGHT COUNCIL.] 
           Subdivision 1.  [OVERSIGHT COUNCIL ESTABLISHED.] The Gang 
        and Drug Oversight Council is established to provide guidance 
        related to the investigation and prosecution of gang and drug 
        crime. 
           Subd. 2.  [MEMBERSHIP.] The oversight council shall consist 
        of the following individuals or their designees: 
           (1) the director of the office of special investigations, 
        as the representative of the commissioner of corrections; 
           (2) the superintendent of the Bureau of Criminal 
        Apprehension as the representative of the commissioner of public 
        safety; 
           (3) the attorney general; 
           (4) eight chiefs of police, selected by the Minnesota 
        Chiefs of Police Association, two of which must be selected from 
        cities with populations greater than 200,000; 
           (5) eight sheriffs, selected by the Minnesota Sheriffs 
        Association to represent each district, two of which must be 
        selected from counties with populations greater than 500,000; 
           (6) the United States attorney for the district of 
        Minnesota; 
           (7) two county attorneys, selected by the Minnesota County 
        Attorneys Association; 
           (8) a command-level representative of a gang strike force; 
           (9) a representative from a drug task force, selected by 
        the Minnesota State Association of Narcotics Investigators; 
           (10) a representative from the United States Drug 
        Enforcement Administration; 
           (11) a representative from the United States Bureau of 
        Alcohol, Tobacco, and Firearms; 
           (12) a representative from the Federal Bureau of 
        Investigation; 
           (13) a tribal peace officer, selected by the Minnesota 
        Tribal Law Enforcement Association; and 
           (14) two additional members who may be selected by the 
        oversight council. 
        The oversight council may adopt procedures to govern its conduct 
        as necessary and may select a chair from among its members. 
           Subd. 3.  [OVERSIGHT COUNCIL'S DUTIES.] The oversight 
        council shall develop an overall strategy to ameliorate the harm 
        caused to the public by gang and drug crime within the state of 
        Minnesota.  This strategy may include the development of 
        protocols and procedures to investigate gang and drug crime and 
        a structure for best addressing these issues in a 
        multijurisdictional manner.  Additionally, the oversight council 
        shall: 
           (1) identify and recommend a candidate or candidates for 
        statewide coordinator to the commissioner of public safety; 
           (2) establish multijurisdictional task forces and strike 
        forces to combat gang and drug crime, to include a metro gang 
        strike force; 
           (3) assist the Department of Public Safety in developing an 
        objective grant review application process that is free from 
        conflicts of interest; 
           (4) make funding recommendations to the commissioner of 
        public safety on grants to support efforts to combat gang and 
        drug crime; 
           (5) assist in developing a process to collect and share 
        information to improve the investigation and prosecution of drug 
        offenses; 
           (6) develop and approve an operational budget for the 
        office of the statewide coordinator and the oversight council; 
        and 
           (7) adopt criteria and identifying characteristics for use 
        in determining whether individuals are or may be members of 
        gangs involved in criminal activity. 
           Subd. 4.  [STATEWIDE COORDINATOR.] The current gang strike 
        force commander shall serve as a transition coordinator until 
        July 1, 2006, at which time the commissioner of public safety 
        shall appoint a statewide coordinator as recommended by the 
        oversight council.  The coordinator serving in the unclassified 
        service shall: 
           (1) coordinate and monitor all multijurisdictional gang and 
        drug enforcement activities; 
           (2) facilitate local efforts and ensure statewide 
        coordination with efforts to combat gang and drug crime; 
           (3) facilitate training for personnel; 
           (4) monitor compliance with investigative protocols; and 
           (5) implement an outcome evaluation and data quality 
        control process. 
           Subd. 5.  [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All 
        participating law enforcement officers must be licensed peace 
        officers as defined in section 626.84, subdivision 1, or 
        qualified federal law enforcement officers as defined in section 
        626.8453.  Participating officers remain employees of the same 
        entity that employed them before joining any multijurisdictional 
        entity established under this section.  Participating officers 
        are not employees of the state. 
           Subd. 6.  [JURISDICTION AND POWERS.] Law enforcement 
        officers participating in any multijurisdictional entity 
        established under this section have statewide jurisdiction to 
        conduct criminal investigations and have the same powers of 
        arrest as those possessed by a sheriff. 
           Subd. 7.  [GRANTS AUTHORIZED.] The commissioner of public 
        safety, upon recommendation of the council, may make grants to 
        state and local units of government to combat gang and drug 
        crime. 
           Subd. 8.  [OVERSIGHT COUNCIL IS PERMANENT.] Notwithstanding 
        section 15.059, this section does not expire. 
           Subd. 9.  [FUNDING.] Participating agencies may accept 
        lawful grants or contributions from any federal source or legal 
        business or entity. 
           Subd. 10.  [ROLE OF THE ATTORNEY GENERAL.] The attorney 
        general or a designee shall generally advise on any matters that 
        the oversight council deems appropriate. 
           Subd. 11.  [ATTORNEY GENERAL; COMMUNITY LIAISON.] (a) The 
        attorney general or a designee shall serve as a liaison between 
        the oversight council and the councils created in sections 
        3.922, 3.9223, 3.9225, and 3.9226.  The attorney general or 
        designee will be responsible for: 
           (1) informing the councils of the plans, activities, and 
        decisions and hearing their reactions to those plans, 
        activities, and decisions; and 
           (2) providing the oversight council with the councils' 
        position on the oversight council's plan, activities, and 
        decisions. 
           (b) In no event is the oversight council required to 
        disclose the names of individuals identified by it to the 
        councils referenced in this subdivision. 
           (c) Nothing in this subdivision changes the data 
        classification of any data held by the oversight council. 
           Subd. 12.  [REQUIRED REPORT.] By February 1 of each year, 
        the council shall report to the chairs of the senate and house 
        of representatives committees and divisions having jurisdiction 
        over criminal justice policy and funding on the activities of 
        the council and any strike or task forces.  This annual report 
        shall include: 
           (1) a description of the council's goals for the previous 
        year and for the coming year; 
           (2) a description of the outcomes the council achieved or 
        did not achieve during the preceding year and a description of 
        the outcomes the council will seek to achieve during the coming 
        year; and 
           (3) any legislative recommendations the council has 
        including, where necessary, a description of the specific 
        legislation needed to implement the recommendations. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 5.  [299A.681] [MINNESOTA FINANCIAL CRIMES OVERSIGHT 
        COUNCIL AND TASK FORCE.] 
           Subdivision 1.  [OVERSIGHT COUNCIL.] The Minnesota 
        Financial Crimes Oversight Council shall provide guidance 
        related to the investigation and prosecution of identity theft 
        and financial crime.  
           Subd. 2.  [MEMBERSHIP.] The oversight council consists of 
        the following individuals, or their designees: 
           (1) the commissioner of public safety; 
           (2) the attorney general; 
           (3) two chiefs of police, selected by the Minnesota Chiefs 
        of Police Association from police departments that participate 
        in the Minnesota Financial Crimes Task Force; 
           (4) two sheriffs, selected by the Minnesota Sheriffs 
        Association from sheriff departments that participate in the 
        task force; 
           (5) the United States attorney for the district of 
        Minnesota; 
           (6) a county attorney, selected by the Minnesota County 
        Attorneys Association; 
           (7) a representative from the United States Postal 
        Inspector's Office, selected by the oversight council; 
           (8) a representative from a not-for-profit retail merchants 
        industry, selected by the oversight council; 
           (9) a representative from a not-for-profit banking and 
        credit union industry, selected by the oversight council; 
           (10) a representative from a not-for-profit association 
        representing senior citizens, selected by the oversight council; 
           (11) the statewide commander of the task force; 
           (12) a representative from the Board of Public Defense, 
        selected by the board; and 
           (13) two additional members selected by the oversight 
        council. 
        The oversight council may adopt procedures to govern its conduct 
        and shall select a chair from among its members. 
           Subd. 3.  [DUTIES.] The oversight council shall develop an 
        overall strategy to ameliorate the harm caused to the public by 
        identity theft and financial crime within Minnesota.  The 
        strategy may include the development of protocols and procedures 
        to investigate financial crimes and a structure for best 
        addressing these issues in a multijurisdictional manner.  
        Additionally, the oversight council shall: 
           (1) establish a multijurisdictional statewide Minnesota 
        Financial Crimes Task Force to investigate major financial 
        crimes; 
           (2) select a statewide commander of the task force who 
        serves at the pleasure of the oversight council; 
           (3) assist the Department of Public Safety in developing an 
        objective grant review application process that is free from 
        conflicts of interest; 
           (4) make funding recommendations to the commissioner of 
        public safety on grants to support efforts to combat identity 
        theft and financial crime; 
           (5) assist law enforcement agencies and victims in 
        developing a process to collect and share information to improve 
        the investigation and prosecution of identity theft and 
        financial crime; 
           (6) develop and approve an operational budget for the 
        office of the statewide commander and the oversight council; and 
           (7) enter into any contracts necessary to establish and 
        maintain a relationship with retailers, financial institutions, 
        and other businesses to deal effectively with identity theft and 
        financial crime. 
        The task force described in clause (1) may consist of members 
        from local law enforcement agencies, federal law enforcement 
        agencies, state and federal prosecutors' offices, the Board of 
        Public Defense, and representatives from elderly victims, 
        retail, financial institutions, and not-for-profit organizations.
           Subd. 4.  [STATEWIDE COMMANDER.] (a) The Minnesota 
        Financial Crimes Task Force commander under Minnesota Statutes 
        2004, section 299A.68, shall oversee the transition of that task 
        force into the task force described in subdivision 3 and remain 
        in place as its commander until July 1, 2008.  On that date, the 
        commissioner of public safety shall appoint as statewide 
        commander the individual selected by the oversight council under 
        subdivision 3. 
           (b) The commander shall: 
           (1) coordinate and monitor all multijurisdictional identity 
        theft and financial crime enforcement activities; 
           (2) facilitate local efforts and ensure statewide 
        coordination with efforts to combat identity theft and financial 
        crime; 
           (3) facilitate training for law enforcement and other 
        personnel; 
           (4) monitor compliance with investigative protocols; 
           (5) implement an outcome evaluation and data quality 
        control process; 
           (6) be responsible for the selection and for cause removal 
        of assigned task force investigators who are designated 
        participants under a memorandum of understanding or who receive 
        grant funding; 
           (7) provide supervision of assigned task force 
        investigators; 
           (8) submit a task force operational budget to the oversight 
        council for approval; and 
           (9) submit quarterly task force activity reports to the 
        oversight council. 
           Subd. 5.  [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All 
        law enforcement officers selected to participate in the task 
        force must be licensed peace officers as defined in section 
        626.84, subdivision 1, or qualified federal law enforcement 
        officers as defined in section 626.8453.  Participating officers 
        remain employees of the same entity that employed them before 
        joining any multijurisdictional entity established under this 
        section.  Participating officers are not employees of the state. 
           Subd. 6.  [JURISDICTION AND POWERS.] Law enforcement 
        officers participating in any multijurisdictional entity 
        established under this section have statewide jurisdiction to 
        conduct criminal investigations and have the same powers of 
        arrest as those possessed by a sheriff.  The task force shall 
        retain from its predecessor the assigned originating reporting 
        number for case reporting purposes. 
           Subd. 7.  [GRANTS AUTHORIZED.] The commissioner of public 
        safety, upon recommendation of the oversight council, shall make 
        grants to state and local units of government to combat identity 
        theft and financial crime.  The commander, as funding permits, 
        may prepare a budget to establish four regional districts and 
        funding grant allocations programs outside the counties of 
        Hennepin, Ramsey, Anoka, Washington, and Dakota.  The budget 
        must be reviewed and approved by the oversight council and 
        recommended to the commissioner to support these efforts. 
           Subd. 8.  [VICTIMS ASSISTANCE PROGRAM.] (a) The oversight 
        council may establish a victims' assistance program to assist 
        victims of economic crimes and provide prevention and awareness 
        programs.  The oversight council may retain the services of 
        not-for-profit organizations to assist in the development and 
        delivery systems in aiding victims of financial crime.  The 
        program may not provide any financial assistance to victims, but 
        may assist victims in obtaining police assistance and advise 
        victims in how to protect personal accounts and identities.  
        Services may include a victim toll-free telephone number, fax 
        number, Web site, Monday through Friday telephone service, 
        e-mail response, and interfaces to other helpful Web sites.  
        Victims' information compiled are governed under chapter 13. 
           (b) The oversight council may post or communicate through 
        public service announcements in newspapers, radio, television, 
        cable access, billboards, Internet, Web sites, and other normal 
        advertising channels, a financial reward of up to $2,000 for 
        tips leading to the apprehension and successful prosecution of 
        individuals committing economic crime.  All rewards must meet 
        the oversight council's standards.  The release of funds must be 
        made to an individual whose information leads to the 
        apprehension and prosecution of offenders committing economic or 
        financial crimes against citizens or businesses in Minnesota.  
        All rewards paid to an individual must be reported to the 
        Department of Revenue along with the individual's Social 
        Security number. 
           Subd. 9.  [OVERSIGHT COUNCIL AND TASK FORCE IS PERMANENT.] 
        Notwithstanding section 15.059, this section does not expire. 
           Subd. 10.  [FUNDING.] The oversight council may accept 
        lawful grants and in-kind contributions from any federal, state, 
        or local source or legal business or individual not funded by 
        this section for general operation support, including personnel 
        costs.  These grants or in-kind contributions are not to be 
        directed toward the case of a particular victim or business.  
        The oversight council's fiscal agent shall handle all funds 
        approved by the oversight council, including in-kind 
        contributions. 
           Subd. 11.  [FORFEITURE.] Property seized by the task force 
        is subject to forfeiture pursuant to sections 609.531, 609.5312, 
        609.5313, and 609.5315 if ownership cannot be established.  The 
        council shall receive the proceeds from the sale of all property 
        properly seized and forfeited. 
           Subd. 12.  [TRANSFER EQUIPMENT FROM CURRENT TASK 
        FORCE.] All equipment possessed by the task force described in 
        Minnesota Statutes 2004, section 299A.68, is transferred to the 
        oversight council for use by the task force described in this 
        section. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 6.  [299A.78] [STATEWIDE HUMAN TRAFFICKING 
        ASSESSMENT.] 
           Subdivision 1.  [DEFINITIONS.] For purposes of sections 
        299A.78 to 299A.785, the following definitions apply: 
           (a) "Commissioner" means the commissioner of the Department 
        of Public Safety. 
           (b) "Nongovernmental organizations" means nonprofit, 
        nongovernmental organizations that provide legal, social, or 
        other community services. 
           (c) "Blackmail" has the meaning given in section 609.281, 
        subdivision 2. 
           (d) "Debt bondage" has the meaning given in section 
        609.281, subdivision 3. 
           (e) "Forced labor or services" has the meaning given in 
        section 609.281, subdivision 4. 
           (f) "Labor trafficking" has the meaning given in section 
        609.281, subdivision 5. 
           (g) "Labor trafficking victim" has the meaning given in 
        section 609.281, subdivision 6. 
           (h) "Sex trafficking" has the meaning given in section 
        609.321, subdivision 7a. 
           (i) "Sex trafficking victim" has the meaning given in 
        section 609.321, subdivision 7b. 
           (j) "Trafficking" includes "labor trafficking" and "sex 
        trafficking." 
           (k) "Trafficking victim" includes "labor trafficking 
        victim" and "sex trafficking victim." 
           Subd. 2.  [GENERAL DUTIES.] The commissioner of public 
        safety, in cooperation with local authorities, shall collect, 
        share, and compile trafficking data among government agencies to 
        assess the nature and extent of trafficking in Minnesota. 
           Subd. 3.  [OUTSIDE SERVICES.] As provided for in section 
        15.061, the commissioner of public safety may contract with 
        professional or technical services in connection with the duties 
        to be performed under section 299A.785.  The commissioner may 
        also contract with other outside organizations to assist with 
        the duties to be performed under section 299A.785. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 7.  [299A.785] [TRAFFICKING STUDY.] 
           Subdivision 1.  [INFORMATION TO BE COLLECTED.] The 
        commissioner shall elicit the cooperation and assistance of 
        government agencies and nongovernmental organizations as 
        appropriate to assist in the collection of trafficking data.  
        The commissioner shall direct the appropriate authorities in 
        each agency and organization to make best efforts to collect 
        information relevant to tracking progress on trafficking.  The 
        information to be collected may include, but is not limited to: 
           (1) the numbers of arrests, prosecutions, and successful 
        convictions of traffickers and those committing trafficking 
        related crimes, including, but not limited to, the following 
        offenses:  609.27 (coercion); 609.282 (labor trafficking); 
        609.283 (unlawful conduct with respect to documents in 
        furtherance of labor or sex trafficking); 609.321 (promotion of 
        prostitution); 609.322 (solicitation of prostitution); 609.324 
        (other prostitution crimes); 609.33 (disorderly house); 609.352 
        (solicitation of a child); and 617.245 and 617.246 (use of 
        minors in sexual performance); 
           (2) statistics on the number of trafficking victims, 
        including demographics, method of recruitment, and method of 
        discovery; 
           (3) trafficking routes and patterns, states or country of 
        origin, transit states or countries; 
           (4) method of transportation, motor vehicles, aircraft, 
        watercraft, or by foot if any transportation took place; and 
           (5) social factors that contribute to and foster 
        trafficking, especially trafficking of women and children. 
           Subd. 2.  [REPORT AND ANNUAL PUBLICATION.] (a) By September 
        1, 2006, the commissioner of public safety shall report to the 
        chairs of the senate and house of representatives committees and 
        divisions having jurisdiction over criminal justice policy and 
        funding a summary of its findings.  This report shall include, 
        to the extent possible, the information to be collected in 
        subdivision 1 and any other information the commissioner finds 
        relevant to the issue of trafficking in Minnesota. 
           (b) The commissioner shall gather, compile, and publish 
        annually statistical data on the extent and nature of 
        trafficking in Minnesota.  This annual publication shall be 
        available to the public and include, to the extent possible, the 
        information to be collected in subdivision 1 and any other 
        information the commissioner finds relevant to the issue of 
        trafficking in Minnesota. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 8.  Minnesota Statutes 2004, section 299C.10, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIRED FINGERPRINTING.] (a) Sheriffs, 
        peace officers, and community corrections agencies operating 
        secure juvenile detention facilities shall take or cause to be 
        taken immediately finger and thumb prints, photographs, 
        distinctive physical mark identification data, information on 
        any known aliases or street names, and other identification data 
        requested or required by the superintendent of the bureau, of 
        the following: 
           (1) persons arrested for, appearing in court on a charge 
        of, or convicted of a felony, gross misdemeanor, or targeted 
        misdemeanor; 
           (2) juveniles arrested for, appearing in court on a charge 
        of, adjudicated delinquent for, or alleged to have committed 
        felonies or gross misdemeanors as distinguished from those 
        committed by adult offenders; 
           (3) persons reasonably believed by the arresting officer to 
        be fugitives from justice; 
           (4) persons in whose possession, when arrested, are found 
        concealed firearms or other dangerous weapons, burglar tools or 
        outfits, high-power explosives, or articles, machines, or 
        appliances usable for an unlawful purpose and reasonably 
        believed by the arresting officer to be intended for such 
        purposes; and 
           (5) juveniles referred by a law enforcement agency to a 
        diversion program for a felony or gross misdemeanor offense; and 
           (6) persons currently involved in the criminal justice 
        process, on probation, on parole, or in custody for the offenses 
        in suspense whom the superintendent of the bureau identifies as 
        being the subject of a court disposition record which cannot be 
        linked to an arrest record, and whose fingerprints are necessary 
        in order to maintain and ensure the accuracy of the bureau's 
        criminal history files, to reduce the number of suspense files, 
        or to comply with the mandates of section 299C.111, relating to 
        the reduction of the number of suspense files.  This duty to 
        obtain fingerprints for the offenses in suspense at the request 
        of the bureau shall include the requirement that fingerprints be 
        taken in post-arrest interviews; while making court appearances; 
        while in custody; or while on any form of probation, diversion, 
        or supervised release. 
           (b) Unless the superintendent of the bureau requires a 
        shorter period, within 24 hours the fingerprint records and 
        other identification data specified under paragraph (a) must be 
        forwarded to the bureau on such forms and in such manner as may 
        be prescribed by the superintendent. 
           (c) Prosecutors, courts, and probation officers and their 
        agents, employees, and subordinates, shall attempt to ensure 
        that the required identification data is taken on a person 
        described in paragraph (a).  Law enforcement may take 
        fingerprints of an individual who is presently on probation.  
           (d) For purposes of this section, a targeted misdemeanor is 
        a misdemeanor violation of section 169A.20 (driving while 
        impaired), 518B.01 (order for protection violation), 609.224 
        (fifth degree assault), 609.2242 (domestic assault), 609.746 
        (interference with privacy), 609.748 (harassment or restraining 
        order violation), or 617.23 (indecent exposure). 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 9.  Minnesota Statutes 2004, section 299C.10, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [COURT DISPOSITION RECORD IN SUSPENSE; 
        FINGERPRINTING.] The superintendent of the bureau shall inform a 
        prosecuting authority that a person prosecuted by that authority 
        is the subject of a court disposition record in suspense which 
        requires fingerprinting under this section.  Upon being notified 
        by the superintendent or otherwise learning of the suspense 
        status of a court disposition record, any prosecuting authority 
        may bring a motion in district court to compel the taking of the 
        person's fingerprints upon a showing to the court that the 
        person is the subject of the court disposition record in 
        suspense. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 10.  Minnesota Statutes 2004, section 299C.14, is 
        amended to read: 
           299C.14 [INFORMATION ON RELEASED PRISONER.] 
           It shall be the duty of the officials having charge of the 
        penal institutions of the state or the release of prisoners 
        therefrom to furnish to the bureau, as the superintendent may 
        require, finger and thumb prints, photographs, distinctive 
        physical mark identification data, other identification data, 
        modus operandi reports, and criminal records of prisoners 
        heretofore, now, or hereafter confined in such penal 
        institutions, together with the period of their service and the 
        time, terms, and conditions of their discharge.  This duty to 
        furnish information includes, but is not limited to, requests 
        for fingerprints as the superintendent of the bureau deems 
        necessary to maintain and ensure the accuracy of the bureau's 
        criminal history files, to reduce the number of suspense files, 
        or to comply with the mandates of section 299C.111 relating to 
        the reduction of the number of suspense files where a 
        disposition record is received that cannot be linked to an 
        arrest record. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 11.  Minnesota Statutes 2004, section 299C.145, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only law 
        enforcement criminal justice agencies, as defined in section 
        299C.46, subdivision 2, may submit data to and obtain data from 
        the distinctive physical mark identification system. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 12.  Minnesota Statutes 2004, section 299C.65, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP, DUTIES.] (a) The Criminal and 
        Juvenile Justice Information Policy Group consists of the 
        commissioner of corrections, the commissioner of public safety, 
        the commissioner of administration, the commissioner of finance, 
        and four members of the judicial branch appointed by the chief 
        justice of the Supreme Court, and the chair and first vice chair 
        of the Criminal and Juvenile Justice Information Task Force.  
        The policy group may appoint additional, nonvoting members as 
        necessary from time to time. 
           (b) The commissioner of public safety is designated as the 
        chair of the policy group.  The commissioner and the policy 
        group have overall responsibility for the successful completion 
        of statewide criminal justice information system integration 
        (CriMNet).  The policy group may hire a program manager an 
        executive director to manage the CriMNet projects and to be 
        responsible for the day-to-day operations of CriMNet.  The 
        executive director shall serve at the pleasure of the policy 
        group in unclassified service.  The policy group must ensure 
        that generally accepted project management techniques are 
        utilized for each CriMNet project, including: 
           (1) clear sponsorship; 
           (2) scope management; 
           (3) project planning, control, and execution; 
           (4) continuous risk assessment and mitigation; 
           (5) cost management; 
           (6) quality management reviews; 
           (7) communications management; and 
           (8) proven methodology; and 
           (9) education and training. 
           (c) Products and services for CriMNet project management, 
        system design, implementation, and application hosting must be 
        acquired using an appropriate procurement process, which 
        includes: 
           (1) a determination of required products and services; 
           (2) a request for proposal development and identification 
        of potential sources; 
           (3) competitive bid solicitation, evaluation, and 
        selection; and 
           (4) contract administration and close-out. 
           (d) The policy group shall study and make recommendations 
        to the governor, the Supreme Court, and the legislature on:  
           (1) a framework for integrated criminal justice information 
        systems, including the development and maintenance of a 
        community data model for state, county, and local criminal 
        justice information; 
           (2) the responsibilities of each entity within the criminal 
        and juvenile justice systems concerning the collection, 
        maintenance, dissemination, and sharing of criminal justice 
        information with one another; 
           (3) actions necessary to ensure that information maintained 
        in the criminal justice information systems is accurate and 
        up-to-date; 
           (4) the development of an information system containing 
        criminal justice information on gross misdemeanor-level and 
        felony-level juvenile offenders that is part of the integrated 
        criminal justice information system framework; 
           (5) the development of an information system containing 
        criminal justice information on misdemeanor arrests, 
        prosecutions, and convictions that is part of the integrated 
        criminal justice information system framework; 
           (6) comprehensive training programs and requirements for 
        all individuals in criminal justice agencies to ensure the 
        quality and accuracy of information in those systems; 
           (7) continuing education requirements for individuals in 
        criminal justice agencies who are responsible for the 
        collection, maintenance, dissemination, and sharing of criminal 
        justice data; 
           (8) a periodic audit process to ensure the quality and 
        accuracy of information contained in the criminal justice 
        information systems; 
           (9) the equipment, training, and funding needs of the state 
        and local agencies that participate in the criminal justice 
        information systems; 
           (10) the impact of integrated criminal justice information 
        systems on individual privacy rights; 
           (11) the impact of proposed legislation on the criminal 
        justice system, including any fiscal impact, need for training, 
        changes in information systems, and changes in processes; 
           (12) the collection of data on race and ethnicity in 
        criminal justice information systems; 
           (13) the development of a tracking system for domestic 
        abuse orders for protection; 
           (14) processes for expungement, correction of inaccurate 
        records, destruction of records, and other matters relating to 
        the privacy interests of individuals; and 
           (15) the development of a database for extended 
        jurisdiction juvenile records and whether the records should be 
        public or private and how long they should be retained.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005.  
           Sec. 13.  Minnesota Statutes 2004, section 299C.65, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REPORT, TASK FORCE.] (a) The policy group shall 
        file an annual report with the governor, Supreme Court, and 
        chairs and ranking minority members of the senate and house 
        committees and divisions with jurisdiction over criminal justice 
        funding and policy by December 1 of each year.  
           (b) The report must make recommendations concerning any 
        legislative changes or appropriations that are needed to ensure 
        that the criminal justice information systems operate accurately 
        and efficiently.  To assist them in developing their 
        recommendations, The policy group shall appoint a task force 
        consisting to assist them in their duties.  The task force shall 
        monitor, review, and report to the policy group on 
        CriMNet-related projects and provide oversight to ongoing 
        operations as directed by the policy group.  The task force 
        shall consist of its members or their designees and the 
        following additional members:  
           (1) the director of the Office of Strategic and Long-Range 
        Planning; 
           (2) two sheriffs recommended by the Minnesota Sheriffs 
        Association; 
           (3) (2) two police chiefs recommended by the Minnesota 
        Chiefs of Police Association; 
           (4) (3) two county attorneys recommended by the Minnesota 
        County Attorneys Association; 
           (5) (4) two city attorneys recommended by the Minnesota 
        League of Cities; 
           (6) (5) two public defenders appointed by the Board of 
        Public Defense; 
           (7) (6) two district judges appointed by the Conference of 
        Chief Judges, one of whom is currently assigned to the juvenile 
        court; 
           (8) (7) two community corrections administrators 
        recommended by the Minnesota Association of Counties, one of 
        whom represents a community corrections act county; 
           (9) (8) two probation officers; 
           (10) (9) four public members, one of whom has been a victim 
        of crime, and two who are representatives of the private 
        business community who have expertise in integrated information 
        systems; 
           (11) (10) two court administrators; 
           (12) (11) one member of the house of representatives 
        appointed by the speaker of the house; 
           (13) (12) one member of the senate appointed by the 
        majority leader; 
           (14) (13) the attorney general or a designee; 
           (15) the commissioner of administration or a designee; 
           (16) (14) an individual two individuals recommended by the 
        Minnesota League of Cities, one of whom works or resides in 
        greater Minnesota and one of whom works or resides in the seven 
        county metropolitan area; and 
           (17) (15) an individual two individuals recommended by the 
        Minnesota Association of Counties, one of whom works or resides 
        in greater Minnesota and one of whom works or resides in the 
        seven county metropolitan area; 
           (16) the director of the Sentencing Guidelines Commission; 
           (17) one member appointed by the commissioner of public 
        safety; 
           (18) one member appointed by the commissioner of 
        corrections; 
           (19) one member appointed by the commissioner of 
        administration; and 
           (20) one member appointed by the chief justice of the 
        Supreme Court. 
        In making these appointments, the appointing authority shall 
        select members with expertise in integrated data systems or best 
        practices.  
           (c) The commissioner of public safety may appoint 
        additional, nonvoting members to the task force as necessary 
        from time to time. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005.  
           Sec. 14.  Minnesota Statutes 2004, section 299C.65, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [REPORT.] The policy group, with the assistance 
        of the task force, shall file an annual report with the 
        governor, Supreme Court, and chairs and ranking minority members 
        of the senate and house committees and divisions with 
        jurisdiction over criminal justice funding and policy by January 
        15 of each year.  The report must provide the following: 
           (1) status and review of current integration efforts and 
        projects; 
           (2) recommendations concerning any legislative changes or 
        appropriations that are needed to ensure that the criminal 
        justice information systems operate accurately and efficiently; 
        and 
           (3) summary of the activities of the policy group and task 
        force. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 15.  Minnesota Statutes 2004, section 299C.65, 
        subdivision 5, is amended to read: 
           Subd. 5.  [REVIEW OF FUNDING AND GRANT REQUESTS.] (a) The 
        Criminal and Juvenile Justice Information Policy Group shall 
        review the funding requests for criminal justice information 
        systems from state, county, and municipal government agencies.  
        The policy group shall review the requests for compatibility to 
        statewide criminal justice information system standards.  The 
        review shall be forwarded to the chairs and ranking minority 
        members of the house and senate committees and divisions with 
        jurisdiction over criminal justice funding and policy. 
           (b) The policy group shall also review funding requests for 
        criminal justice information systems grants to be made by the 
        commissioner of public safety as provided in this section.  
        Within the limits of available appropriations, the commissioner 
        of public safety shall make grants for projects that have been 
        approved by the policy group. CriMNet program office, in 
        consultation with the Criminal and Juvenile Justice Information 
        Task Force and with the approval of the policy group, shall 
        create the requirements for any grant request and determine the 
        integration priorities for the grant period.  The CriMNet 
        program office shall also review the requests submitted for 
        compatibility to statewide criminal justice information systems 
        standards. 
           (c) If a funding request is for development of a 
        comprehensive criminal justice information integration plan, the 
        policy group shall ensure that the request contains the 
        components specified in subdivision 6.  If a funding request is 
        for implementation of a plan or other criminal justice 
        information systems project, the policy group shall ensure that: 
           (1) the government agency has adopted a comprehensive plan 
        that complies with subdivision 6; 
           (2) the request contains the components specified in 
        subdivision 7; and 
           (3) the request demonstrates that it is consistent with the 
        government agency's comprehensive plan. The task force shall 
        review funding requests for criminal justice information systems 
        grants and make recommendations to the policy group.  The policy 
        group shall review the recommendations of the task force and 
        shall make a final recommendation for criminal justice 
        information systems grants to be made by the commissioner of 
        public safety.  Within the limits of available state 
        appropriations and federal grants, the commissioner of public 
        safety shall make grants for projects that have been recommended 
        by the policy group. 
           (d) The policy group may approve grants only if the 
        applicant provides an appropriate share of matching funds as 
        determined by the policy group to help pay up to one-half of the 
        costs of the grant request.  The matching requirement must be 
        constant for all counties.  The policy group shall adopt 
        policies concerning the use of in-kind resources to satisfy the 
        match requirement and the sources from which matching funds may 
        be obtained.  Local operational or technology staffing costs may 
        be considered as meeting this match requirement.  Each grant 
        recipient shall certify to the policy group that it has not 
        reduced funds from local, county, federal, or other sources 
        which, in the absence of the grant, would have been made 
        available to the grant recipient to improve or integrate 
        criminal justice technology. 
           (e) All grant recipients shall submit to the CriMNet 
        program office all requested documentation including grant 
        status, financial reports, and a final report evaluating how the 
        grant funds improved the agency's criminal justice integration 
        priorities.  The CriMNet program office shall establish the 
        recipient's reporting dates at the time funds are awarded. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 16.  Minnesota Statutes 2004, section 326.3384, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROHIBITION.] No license holder or 
        employee of a license holder shall, in a manner that implies 
        that the person is an employee or agent of a governmental 
        agency, display on a badge, identification card, emblem, 
        vehicle, uniform, stationery, or in advertising for private 
        detective or protective agent services: 
           (1) the words "public safety," "police," "constable," 
        "highway patrol," "state patrol," "sheriff," "trooper," or "law 
        enforcement"; or 
           (2) the name of a municipality, county, state, or of the 
        United States, or any governmental subdivision thereof. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 17.  [629.406] [MAINTENANCE OF BOOKING RECORDINGS.] 
           When a law enforcement agency elects to produce an 
        electronic recording of any portion of the arrest, booking, or 
        testing process in connection with the arrest of a person, the 
        agency must maintain the recording for a minimum of 30 days 
        after the date the person was booked. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 18.  [REPEALER.] 
           (a) Minnesota Statutes 2004, sections 299A.64; 299A.65; and 
        299A.66, are repealed. 
           (b) Minnesota Statutes 2004, sections 299A.68; and 299C.65, 
        subdivisions 3, 4, 6, 7, 8, 8a, and 9, are repealed. 
           [EFFECTIVE DATE.] Paragraph (a) is effective January 1, 
        2006.  Paragraph (b) is effective July 1, 2005. 

                                   ARTICLE 12 
                                 DNA COLLECTION 
           Section 1.  Minnesota Statutes 2004, section 13.6905, 
        subdivision 17, is amended to read: 
           Subd. 17.  [DNA EVIDENCE.] DNA identification data 
        maintained by the Bureau of Criminal Apprehension are governed 
        by section sections 299C.11 and 299C.155. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 2.  Minnesota Statutes 2004, section 299C.03, is 
        amended to read: 
           299C.03 [SUPERINTENDENT; RULES.] 
           The superintendent, with the approval of the commissioner 
        of public safety, from time to time, shall make such rules and 
        adopt such measures as the superintendent deems necessary, 
        within the provisions and limitations of sections 299C.03 to 
        299C.08, 299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 
        299C.21, to secure the efficient operation of the bureau.  The 
        bureau shall cooperate with the respective sheriffs, constables, 
        marshals, police, and other peace officers of the state in the 
        detection of crime and the apprehension of criminals throughout 
        the state, and shall have the power to conduct such 
        investigations as the superintendent, with the approval of the 
        commissioner of public safety, may deem necessary to secure 
        evidence which may be essential to the apprehension and 
        conviction of alleged violators of the criminal laws of the 
        state.  The various members of the bureau shall have and may 
        exercise throughout the state the same powers of arrest 
        possessed by a sheriff, but they shall not be employed to render 
        police service in connection with strikes and other industrial 
        disputes.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 3.  Minnesota Statutes 2004, section 299C.08, is 
        amended to read: 
           299C.08 [OATH OF SUPERINTENDENT AND EMPLOYEES.] 
           The superintendent and each employee in the bureau whom the 
        superintendent shall designate, before entering upon the 
        performance of duties under sections 299C.03 to 299C.08, 
        299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 299C.21, shall 
        take the usual oath.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 4.  [299C.105] [DNA DATA REQUIRED.] 
           Subdivision 1.  [REQUIRED COLLECTION OF BIOLOGICAL SPECIMEN 
        FOR DNA TESTING.] (a) Sheriffs, peace officers, and community 
        corrections agencies operating secure juvenile detention 
        facilities shall take or cause to be taken biological specimens 
        for the purpose of DNA analysis as defined in section 299C.155, 
        of the following: 
           (1) persons who have appeared in court and have had a 
        judicial probable cause determination on a charge of committing, 
        or persons having been convicted of or attempting to commit, any 
        of the following: 
           (i) murder under section 609.185, 609.19, or 609.195; 
           (ii) manslaughter under section 609.20 or 609.205; 
           (iii) assault under section 609.221, 609.222, or 609.223; 
           (iv) robbery under section 609.24 or aggravated robbery 
        under section 609.245; 
           (v) kidnapping under section 609.25; 
           (vi) false imprisonment under section 609.255; 
           (vii) criminal sexual conduct under section 609.342, 
        609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453; 
           (viii) incest under section 609.365; 
           (ix) burglary under section 609.582, subdivision 1; or 
           (x) indecent exposure under section 617.23, subdivision 3; 
           (2) persons sentenced as patterned sex offenders under 
        section 609.108; or 
           (3) juveniles who have appeared in court and have had a 
        judicial probable cause determination on a charge of committing, 
        or juveniles having been adjudicated delinquent for committing 
        or attempting to commit, any of the following: 
           (i) murder under section 609.185, 609.19, or 609.195; 
           (ii) manslaughter under section 609.20 or 609.205; 
           (iii) assault under section 609.221, 609.222, or 609.223; 
           (iv) robbery under section 609.24 or aggravated robbery 
        under section 609.245; 
           (v) kidnapping under section 609.25; 
           (vi) false imprisonment under section 609.255; 
           (vii) criminal sexual conduct under section 609.342, 
        609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453; 
           (viii) incest under section 609.365; 
           (ix) burglary under section 609.582, subdivision 1; or 
           (x) indecent exposure under section 617.23, subdivision 3.  
           (b) Unless the superintendent of the bureau requires a 
        shorter period, within 72 hours the biological specimen required 
        under paragraph (a) must be forwarded to the bureau in such a 
        manner as may be prescribed by the superintendent. 
           (c) Prosecutors, courts, and probation officers shall 
        attempt to ensure that the biological specimen is taken on a 
        person described in paragraph (a). 
           Subd. 2.  [LAW ENFORCEMENT TRAINING; DUTIES.] (a) The 
        persons who collect the biological specimens required under 
        subdivision 1 must be trained to bureau-established standards in 
        the proper method of collecting and transmitting biological 
        specimens. 
           (b) A law enforcement officer who seeks to collect a 
        biological specimen from a juvenile pursuant to subdivision 1 
        must notify the juvenile's parent or guardian prior to 
        collecting the biological specimen. 
           Subd. 3.  [BUREAU DUTY.] (a) The bureau shall destroy the 
        biological specimen and return all records to a person who 
        submitted a biological specimen under subdivision 1 but who was 
        found not guilty of a felony.  Upon the request of a person who 
        submitted a biological specimen under subdivision 1 but where 
        the charge against the person was later dismissed, the bureau 
        shall destroy the person's biological specimen and return all 
        records to the individual.  
           (b) If the bureau destroys a biological specimen under 
        paragraph (a), the bureau shall also remove the person's 
        information from the bureau's combined DNA index system and 
        return all related records, and all copies or duplicates of them.
           [EFFECTIVE DATE.] This section is effective July 1, 2005, 
        and applies to persons arrested on or after that date. 
           Sec. 5.  Minnesota Statutes 2004, section 299C.11, is 
        amended to read: 
           299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
           Subdivision 1.  [IDENTIFICATION DATA OTHER THAN DNA.] (a) 
        Each sheriff and chief of police shall furnish the bureau, upon 
        such form as the superintendent shall prescribe, with such 
        finger and thumb prints, photographs, distinctive physical mark 
        identification data, information on known aliases and street 
        names, and other identification data as may be requested or 
        required by the superintendent of the bureau, which must be 
        taken under the provisions of section 299C.10.  In addition, 
        sheriffs and chiefs of police shall furnish this identification 
        data to the bureau for individuals found to have been convicted 
        of a felony, gross misdemeanor, or targeted misdemeanor, within 
        the ten years immediately preceding their arrest.  
           (b) No petition under chapter 609A is required if the 
        person has not been convicted of any felony or gross 
        misdemeanor, either within or without the state, within the 
        period of ten years immediately preceding the determination of 
        all pending criminal actions or proceedings in favor of the 
        arrested person, and either of the following occurred: 
           (1) all charges were dismissed prior to a determination of 
        probable cause; or 
           (2) the prosecuting authority declined to file any charges 
        and a grand jury did not return an indictment. 
        Where these conditions are met, the bureau or agency shall, upon 
        demand, return to the arrested person finger and thumb prints, 
        photographs, distinctive physical mark identification data, 
        information on known aliases and street names, and other 
        identification data, and all copies and duplicates of them. 
           (c) Except as otherwise provided in paragraph (b), upon the 
        determination of all pending criminal actions or proceedings in 
        favor of the arrested person, and the granting of the petition 
        of the arrested person under chapter 609A, the bureau shall seal 
        finger and thumb prints, photographs, distinctive physical mark 
        identification data, information on known aliases and street 
        names, and other identification data, and all copies and 
        duplicates of them if the arrested person has not been convicted 
        of any felony or gross misdemeanor, either within or without the 
        state, within the period of ten years immediately preceding such 
        determination. 
           (d) Subd. 2.  [DNA SAMPLES; LAW ENFORCEMENT DUTIES.] (a) 
        Each sheriff and chief of police shall furnish the bureau, in 
        such form as the superintendent shall prescribe, with the 
        biological specimens required to be taken under section 299C.105.
           (b) DNA samples and DNA records of the arrested person 
        obtained through authority other than section 299C.105 shall not 
        be returned, sealed, or destroyed as to a charge supported by 
        probable cause.  
           (e) Subd. 3.  [DEFINITIONS.] For purposes of this section: 
           (1) "determination of all pending criminal actions or 
        proceedings in favor of the arrested person" does not include: 
           (i) the sealing of a criminal record pursuant to section 
        152.18, subdivision 1, 242.31, or chapter 609A; 
           (ii) the arrested person's successful completion of a 
        diversion program; 
           (iii) an order of discharge under section 609.165; or 
           (iv) a pardon granted under section 638.02; and 
           (2) "targeted misdemeanor" has the meaning given in section 
        299C.10, subdivision 1. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005, 
        and applies to offenders arrested on or after that date. 
           Sec. 6.  Minnesota Statutes 2004, section 299C.155, is 
        amended to read: 
           299C.155 [STANDARDIZED EVIDENCE COLLECTION; DNA ANALYSIS.] 
           Subdivision 1.  [DEFINITION.] As used in this section, "DNA 
        analysis" means the process through which deoxyribonucleic acid 
        (DNA) in a human biological specimen is analyzed and compared 
        with DNA from another human biological specimen for 
        identification purposes. 
           Subd. 2.  [UNIFORM EVIDENCE COLLECTION.] The bureau shall 
        develop uniform procedures and protocols for collecting evidence 
        in cases of alleged or suspected criminal sexual conduct, 
        including procedures and protocols for the collection and 
        preservation of human biological specimens for DNA analysis. Law 
        enforcement agencies and medical personnel who conduct 
        evidentiary exams shall use the uniform procedures and protocols 
        in their investigation of criminal sexual conduct offenses.  The 
        uniform procedures and protocols developed under this 
        subdivision are not subject to the rulemaking provisions of 
        chapter 14. 
           Subd. 3.  [DNA ANALYSIS AND DATA BANK.] The bureau shall 
        adopt uniform procedures and protocols to maintain, preserve, 
        and analyze human biological specimens for DNA.  The bureau 
        shall establish a centralized system to cross-reference data 
        obtained from DNA analysis.  Data contained on the bureau's 
        centralized system is private data on individuals, as that term 
        is defined in section 13.02.  The bureau's centralized system 
        may only be accessed by authorized law enforcement personnel and 
        used solely for law enforcement identification purposes.  The 
        remedies in section 13.08 apply to a violation of this 
        subdivision.  The uniform procedures and protocols developed 
        under this subdivision are not subject to the rulemaking 
        provisions of chapter 14. 
           Subd. 4.  [RECORD.] The bureau shall perform DNA analysis 
        and make data obtained available to law enforcement officials in 
        connection with criminal investigations in which human 
        biological specimens have been recovered.  Upon request, the 
        bureau shall also make the data available to the prosecutor and 
        the subject of the data in any subsequent criminal prosecution 
        of the subject.  The results of the bureau's DNA analysis and 
        related records are private data on individuals, as that term is 
        defined in section 13.02, and may only be used for law 
        enforcement identification purposes.  The remedies in section 
        13.08 apply to a violation of this subdivision.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 7.  Minnesota Statutes 2004, section 299C.21, is 
        amended to read: 
           299C.21 [PENALTY ON LOCAL OFFICER REFUSING INFORMATION.] 
           If any public official charged with the duty of furnishing 
        to the bureau fingerprint records, biological specimens, 
        reports, or other information required by sections 299C.06, 
        299C.10, 299C.105, 299C.11, 299C.17, shall neglect or refuse to 
        comply with such requirement, the bureau, in writing, shall 
        notify the state, county, or city officer charged with the 
        issuance of a warrant for the payment of the salary of such 
        official.  Upon the receipt of the notice the state, county, or 
        city official shall withhold the issuance of a warrant for the 
        payment of the salary or other compensation accruing to such 
        officer for the period of 30 days thereafter until notified by 
        the bureau that such suspension has been released by the 
        performance of the required duty.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 8.  [590.10] [PRESERVATION OF EVIDENCE.] 
           Subdivision 1.  [PRESERVATION.] Notwithstanding any other 
        provision of law, all appropriate governmental entities shall 
        retain any biological evidence relating to the identification of 
        a defendant used to secure a conviction in a criminal case until 
        expiration of sentence unless earlier disposition is authorized 
        by court order after notice to the defendant and defense 
        counsel.  No order for earlier disposition of this evidence 
        shall be issued if the defendant or defense counsel objects. 
           The governmental entity need retain only the portion of 
        such evidence as was used to obtain an accurate biological 
        sample used to obtain a conviction.  If the size of the 
        biological sample requires that it be consumed in analysis, the 
        Minnesota Rules of Criminal Procedure shall apply.  If evidence 
        is intentionally destroyed after the filing of a petition under 
        section 590.01, subdivision 1a, the court may impose appropriate 
        sanctions on the responsible party or parties. 
           Subd. 2.  [DEFINITION.] For purposes of this section, 
        "biological evidence" means: 
           (1) the samples obtained in a sexual assault examination 
        kit; or 
           (2) any item that contains blood, semen, hair, saliva, 
        skin, tissue, or other identifiable biological material present 
        on physical evidence or preserved on a slide or swab if such 
        evidence relates to the identification of the defendant. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 9.  Minnesota Statutes 2004, section 609.117, is 
        amended to read: 
           609.117 [DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.] 
           Subdivision 1.  [UPON SENTENCING.] If an offender has not 
        already done so, the court shall order an offender to provide a 
        biological specimen for the purpose of DNA analysis as defined 
        in section 299C.155 when: 
           (1) the court sentences a person charged with violating or 
        attempting to violate any of the following, committing or 
        attempting to commit a felony offense and the person is 
        convicted of that offense or of any offense arising out of the 
        same set of circumstances: 
           (i) murder under section 609.185, 609.19, or 609.195; 
           (ii) manslaughter under section 609.20 or 609.205; 
           (iii) assault under section 609.221, 609.222, or 609.223; 
           (iv) robbery under section 609.24 or aggravated robbery 
        under section 609.245; 
           (v) kidnapping under section 609.25; 
           (vi) false imprisonment under section 609.255; 
           (vii) criminal sexual conduct under section 609.342, 
        609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
           (viii) incest under section 609.365; 
           (ix) burglary under section 609.582, subdivision 1; or 
           (x) indecent exposure under section 617.23, subdivision 3; 
           (2) the court sentences a person as a patterned sex 
        offender under section 609.108; or 
           (3) (2) the juvenile court adjudicates a person a 
        delinquent child who is the subject of a delinquency petition 
        for violating or attempting to violate any of the following, and 
        the delinquency adjudication is based on a violation of one of 
        those sections or of any offense arising out of the same set of 
        circumstances: 
           (i) murder under section 609.185, 609.19, or 609.195; 
           (ii) manslaughter under section 609.20 or 609.205; 
           (iii) assault under section 609.221, 609.222, or 609.223; 
           (iv) robbery under section 609.24 or aggravated robbery 
        under section 609.245; 
           (v) kidnapping under section 609.25; 
           (vi) false imprisonment under section 609.255; 
           (vii) criminal sexual conduct under section 609.342, 
        609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
           (viii) incest under section 609.365; 
           (ix) burglary under section 609.582, subdivision 1; or 
           (x) indecent exposure under section 617.23, subdivision 
        3 petitioned for committing or attempting to commit a felony 
        offense and is adjudicated delinquent for that offense or any 
        offense arising out of the same set of circumstances. 
        The biological specimen or the results of the analysis shall be 
        maintained by the Bureau of Criminal Apprehension as provided in 
        section 299C.155. 
           Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
        or local corrections authority shall order a person to provide a 
        biological specimen for the purpose of DNA analysis 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) is currently serving a term of imprisonment for or has 
        a past conviction for violating or attempting to violate any of 
        the following or a similar law of another state or the United 
        States or was initially charged with violating one of the 
        following sections or a similar law of another state or the 
        United States and committing or attempting to commit a felony 
        offense and was convicted of another that offense or of any 
        offense arising out of the same set of circumstances: 
           (i) murder under section 609.185, 609.19, or 609.195; 
           (ii) manslaughter under section 609.20 or 609.205; 
           (iii) assault under section 609.221, 609.222, or 609.223; 
           (iv) robbery under section 609.24 or aggravated robbery 
        under section 609.245; 
           (v) kidnapping under section 609.25; 
           (vi) false imprisonment under section 609.255; 
           (vii) criminal sexual conduct under section 609.342, 
        609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
           (viii) incest under section 609.365; 
           (ix) burglary under section 609.582, subdivision 1; or 
           (x) indecent exposure under section 617.23, subdivision 3; 
        or 
           (2) was sentenced as a patterned sex offender under section 
        609.108, and committed to the custody of the commissioner of 
        corrections, or the person has a past felony conviction in this 
        or any other state; or 
           (3) (2) is serving a term of imprisonment in this state 
        under a reciprocal agreement although convicted in another state 
        of an offense described in this subdivision or a similar law of 
        the United States or any other state committing or attempting to 
        commit a felony offense or of any offense arising out of the 
        same set of circumstances if the person was initially charged 
        with committing or attempting to commit a felony offense.  The 
        commissioner of corrections or local corrections authority shall 
        forward the sample to the Bureau of Criminal Apprehension. 
           Subd. 3.  [OFFENDERS FROM OTHER STATES.] When the state 
        accepts an offender from another state under the interstate 
        compact authorized by section 243.16, the acceptance is 
        conditional on the offender providing a biological specimen for 
        the purposes of DNA analysis as defined in section 299C.155, if 
        the offender was convicted of an offense described in 
        subdivision 1 or a similar law of the United States or any other 
        state initially charged with committing or attempting to commit 
        a felony offense and was convicted of that offense or of any 
        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, 2005, 
        and applies to offenders sentenced, released from incarceration, 
        or accepted for supervision on or after that date. 
           Sec. 10.  Minnesota Statutes 2004, section 609A.02, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CERTAIN CRIMINAL PROCEEDINGS NOT RESULTING IN A 
        CONVICTION.] A petition may be filed under section 609A.03 to 
        seal all records relating to an arrest, indictment or 
        information, trial, or verdict if the records are not subject to 
        section 299C.11, subdivision 1, paragraph (b), and if all 
        pending actions or proceedings were resolved in favor of the 
        petitioner.  For purposes of this chapter, a verdict of not 
        guilty by reason of mental illness is not a resolution in favor 
        of the petitioner. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 11.  Minnesota Statutes 2004, section 609A.03, 
        subdivision 7, is amended to read: 
           Subd. 7.  [LIMITATIONS OF ORDER.] (a) Upon issuance of an 
        expungement order related to a charge supported by probable 
        cause, the DNA samples and DNA records held by the Bureau of 
        Criminal Apprehension and collected under authority other than 
        section 299C.105, shall not be sealed, returned to the subject 
        of the record, or destroyed. 
           (b) Notwithstanding the issuance of an expungement order: 
           (1) an expunged record may be opened for purposes of a 
        criminal investigation, prosecution, or sentencing, upon an ex 
        parte court order; and 
           (2) an expunged record of a conviction may be opened for 
        purposes of evaluating a prospective employee in a criminal 
        justice agency without a court order. 
           Upon request by law enforcement, prosecution, or 
        corrections authorities, an agency or jurisdiction subject to an 
        expungement order shall inform the requester of the existence of 
        a sealed record and of the right to obtain access to it as 
        provided by this paragraph.  For purposes of this section, a 
        "criminal justice agency" means courts or a government agency 
        that performs the administration of criminal justice under 
        statutory authority.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 12.  [REPEALER.] 
           Minnesota Statutes 2004, section 609.119, is repealed. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 

                                   ARTICLE 13 
                                  CORRECTIONS 
           Section 1.  Minnesota Statutes 2004, section 16C.09, is 
        amended to read: 
           16C.09 [PROCEDURE FOR SERVICE CONTRACTS.] 
           (a) Before entering into or approving a service contract, 
        the commissioner must determine, at least, that: 
           (1) no current state employee is able and available to 
        perform the services called for by the contract; 
           (2) the work to be performed under the contract is 
        necessary to the agency's achievement of its statutory 
        responsibilities and there is statutory authority to enter into 
        the contract; 
           (3) the contract will not establish an employment 
        relationship between the state or the agency and any persons 
        performing under the contract; 
           (4) the contractor and agents are not employees of the 
        state; 
           (5) the contracting agency has specified a satisfactory 
        method of evaluating and using the results of the work to be 
        performed; and 
           (6) the combined contract and amendments will not exceed 
        five years without specific, written approval by the 
        commissioner according to established policy, procedures, and 
        standards, or unless otherwise provided for by law.  The term of 
        the original contract must not exceed two years, unless the 
        commissioner determines that a longer duration is in the best 
        interest of the state.  
           (b) For purposes of paragraph (a), clause (1), employees 
        are available if qualified and: 
           (1) are already doing the work in question; or 
           (2) are on layoff status in classes that can do the work in 
        question. 
        An employee is not available if the employee is doing other 
        work, is retired, or has decided not to do the work in question. 
           (c) This section does not apply to an agency's use of 
        inmates pursuant to sections 241.20 to 241.23 or to an agency's 
        use of persons required by a court to provide: 
           (1) community service; or 
           (2) conservation or maintenance services on lands under the 
        jurisdiction and control of the state. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 2.  Minnesota Statutes 2004, section 43A.047, is 
        amended to read: 
           43A.047 [CONTRACTED SERVICES.] 
           (a) Executive agencies, including the Minnesota State 
        Colleges and Universities system, must demonstrate that they 
        cannot use available staff before hiring outside consultants or 
        services.  If use of consultants is necessary, agencies are 
        encouraged to negotiate contracts that will involve permanent 
        staff, so as to upgrade and maximize training of state employees.
           (b) If agencies reduce operating budgets, agencies must 
        give priority to reducing spending on professional and technical 
        service contracts before laying off permanent employees. 
           (c) This section does not apply to an agency's use of 
        inmates pursuant to sections 241.20 to 241.23 or to an agency's 
        use of persons required by a court to provide: 
           (1) community service; or 
           (2) conservation or maintenance services on lands under the 
        jurisdiction and control of the state. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 3.  [241.026] [CORRECTIONAL OFFICERS DISCIPLINE 
        PROCEDURES.] 
           Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
        section, the terms defined in this subdivision have the meanings 
        given them. 
           (b) "Correctional officer" and "officer" mean a person 
        employed by the state, a state correctional facility, or a local 
        correctional or detention facility in a security capacity. 
           (c) "Formal statement" means the questioning of an officer 
        in the course of obtaining a recorded, stenographic, or signed 
        statement to be used as evidence in a disciplinary proceeding 
        against the officer. 
           Subd. 2.  [APPLICABILITY.] The procedures and provisions of 
        this section apply to state and local correctional authorities. 
           Subd. 3.  [GOVERNING FORMAL STATEMENT PROCEDURES.] The 
        formal statement of an officer must be taken according to 
        subdivision 4. 
           Subd. 4.  [PLACE OF FORMAL STATEMENT.] The formal statement 
        must be taken at a facility of the employing or investigating 
        agency or at a place agreed to by the investigating individual 
        and the investigated officer. 
           Subd. 5.  [ADMISSIONS.] Before an officer's formal 
        statement is taken, the officer shall be advised in writing or 
        on the record that admissions made in the course of the formal 
        statement may be used as evidence of misconduct or as a basis 
        for discipline. 
           Subd. 6.  [DISCLOSURE OF FINANCIAL RECORDS.] No employer 
        may require an officer to produce or disclose the officer's 
        personal financial records except pursuant to a valid search 
        warrant or subpoena. 
           Subd. 7.  [RELEASE OF PHOTOGRAPHS.] No state or local 
        correctional facility or governmental unit may publicly release 
        photographs of an officer without the written permission of the 
        officer, except that the facility or unit may display a 
        photograph of an officer to a prospective witness as part of an 
        agency or unit investigation. 
           Subd. 8.  [DISCIPLINARY LETTER.] No disciplinary letter or 
        reprimand may be included in an officer's personnel record 
        unless the officer has been given a copy of the letter or 
        reprimand. 
           Subd. 9.  [RETALIATORY ACTION PROHIBITED.] No officer may 
        be discharged, disciplined, or threatened with discharge or 
        discipline as retaliation for or solely by reason of the 
        officer's exercise of the rights provided by this section. 
           Subd. 10.  [RIGHTS NOT REDUCED.] The rights of officers 
        provided by this section are in addition to and do not diminish 
        the rights and privileges of officers that are provided under an 
        applicable collective bargaining agreement or any other 
        applicable law. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 4.  Minnesota Statutes 2004, section 243.1606, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP.] The Advisory Council on 
        Interstate Adult Offender Supervision consists of the following 
        individuals or their designees: 
           (1) the governor; 
           (2) the chief justice of the Supreme Court; 
           (3) two senators, one from the majority and the other from 
        the minority party, selected by the Subcommittee on Committees 
        of the senate Committee on Rules and Administration; 
           (4) two representatives, one from the majority and the 
        other from the minority party, selected by the house speaker; 
           (5) the compact administrator, selected as provided in 
        section 243.1607; and 
           (6) the executive director of the Center for Crime Victim 
        Services; and 
           (7) other members as appointed by the commissioner of 
        corrections. 
           The council may elect a chair from among its members. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 5.  Minnesota Statutes 2004, section 243.24, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CHIEF EXECUTIVE OFFICER TO INCREASE FUND TO 
        $100.] If the fund standing to the credit of the prisoner on the 
        prisoner's leaving the facility by discharge, supervised 
        release, or on parole be less than $100, the warden or chief 
        executive officer is directed to pay out of the current expense 
        fund of the facility sufficient funds to make the total of said 
        earnings the sum of $100.  Offenders who have previously 
        received the $100 upon their initial release from incarceration 
        will not receive the $100 on any second or subsequent release 
        from incarceration for that offense.  Offenders who were 
        sentenced as short-term offenders under section 609.105 shall 
        not receive gate money. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 6.  [244.055] [CONDITIONAL RELEASE OF NONVIOLENT 
        CONTROLLED SUBSTANCE OFFENDERS; OPPORTUNITY FOR DRUG TREATMENT.] 
           Subdivision 1.  [CONDITIONAL RELEASE AUTHORITY.] The 
        commissioner of corrections has the authority to release 
        offenders committed to the commissioner's custody who meet the 
        requirements of this section and of any rules adopted by the 
        commissioner.  
           Subd. 2.  [CONDITIONAL RELEASE OF CERTAIN NONVIOLENT 
        CONTROLLED SUBSTANCE OFFENDERS.] An offender who has been 
        committed to the commissioner's custody may petition the 
        commissioner for conditional release from prison before the 
        offender's scheduled supervised release date or target release 
        date if: 
           (1) the offender is serving a sentence for violating 
        section 152.021, subdivision 2 or 2a; 152.022, subdivision 2; 
        152.023; 152.024; or 152.025; 
           (2) the offender committed the crime as a result of a 
        controlled substance addiction, and not primarily for profit; 
           (3) the offender has served at least 36 months or one-half 
        of the offender's term of imprisonment, whichever is less; 
           (4) the offender successfully completed a chemical 
        dependency treatment program of the type described in this 
        section while in prison; 
           (5) the offender has not previously been conditionally 
        released under this section; and 
           (6) the offender has not within the past ten years been 
        convicted or adjudicated delinquent for a violent crime as 
        defined in section 609.1095 other than the current conviction 
        for the controlled substance offense. 
           Subd. 3.  [OFFER OF CHEMICAL DEPENDENCY TREATMENT.] The 
        commissioner shall offer all offenders meeting the criteria 
        described in subdivision 2, clauses (1), (2), (5), and (6), the 
        opportunity to begin a suitable chemical dependency treatment 
        program of the type described in this section within 160 days 
        after the offender's term of imprisonment begins or as soon 
        after 160 days as possible. 
           Subd. 4.  [CHEMICAL DEPENDENCY TREATMENT PROGRAM 
        COMPONENTS.] (a) The chemical dependency treatment program 
        described in subdivisions 2 and 3 must:  
           (1) contain a highly structured daily schedule for the 
        offender; 
           (2) contain individualized educational programs designed to 
        improve the basic educational skills of the offender and to 
        provide vocational training, if appropriate; 
           (3) contain programs designed to promote the offender's 
        self-worth and the offender's acceptance of responsibility for 
        the consequences of the offender's own decisions; 
           (4) be licensed by the Department of Human Services and 
        designed to serve the inmate population; and 
           (5) require that each offender submit to a chemical use 
        assessment and that the offender receive the appropriate level 
        of treatment as indicated by the assessment.  
           (b) The commissioner shall expel from the chemical 
        dependency treatment program, any offender who:  
           (1) commits a material violation of, or repeatedly fails to 
        follow the rules of the program; 
           (2) commits any criminal offense while in the program; or 
           (3) presents any risk to other inmates based on the 
        offender's behavior or attitude.  
           Subd. 5.  [ADDITIONAL REQUIREMENTS.] To be eligible for 
        release under this section, an offender shall sign a written 
        contract with the commissioner agreeing to comply with the 
        requirements of this section and the conditions imposed by the 
        commissioner.  In addition to other items, the contract must 
        specifically refer to the term of imprisonment extension in 
        subdivision 6.  In addition, the offender shall agree to submit 
        to random drug and alcohol tests and electronic or home 
        monitoring as determined by the commissioner or the offender's 
        supervising agent.  The commissioner may impose additional 
        requirements on the offender that are necessary to carry out the 
        goals of this section. 
           Subd. 6.  [EXTENSION OF TERM OF IMPRISONMENT FOR OFFENDERS 
        WHO FAIL IN TREATMENT.] When an offender fails to successfully 
        complete the chemical dependency treatment program under this 
        section, the commissioner shall add the time that the offender 
        was participating in the program to the offender's term of 
        imprisonment.  However, the offender's term of imprisonment may 
        not be extended beyond the offender's executed sentence.  
           Subd. 7.  [RELEASE PROCEDURES.] The commissioner may deny 
        conditional release to an offender under this section if the 
        commissioner determines that the offender's release may 
        reasonably pose a danger to the public or an individual.  In 
        making this determination, the commissioner shall follow the 
        procedures contained in section 244.05, subdivision 5, and the 
        rules adopted by the commissioner under that subdivision.  The 
        commissioner shall consider whether the offender was involved in 
        criminal gang activity during the offender's prison term.  The 
        commissioner shall also consider the offender's custody 
        classification and level of risk of violence and the 
        availability of appropriate community supervision for the 
        offender.  Conditional release granted under this section 
        continues until the offender's sentence expires, unless release 
        is rescinded under subdivision 8.  The commissioner may not 
        grant conditional release unless a release plan is in place for 
        the offender that addresses, at a minimum, plans for aftercare, 
        community-based chemical dependency treatment, gaining 
        employment, and securing housing. 
           Subd. 8.  [CONDITIONAL RELEASE.] The conditions of release 
        granted under this section are governed by the statutes and 
        rules governing supervised release under this chapter, except 
        that release may be rescinded without hearing by the 
        commissioner if the commissioner determines that continuation of 
        the conditional release poses a danger to the public or to an 
        individual.  If the commissioner rescinds an offender's 
        conditional release, the offender shall be returned to prison 
        and shall serve the remaining portion of the offender's sentence.
           Subd. 9.  [OFFENDERS SERVING OTHER SENTENCES.] An offender 
        who is serving both a sentence for an offense described in 
        subdivision 2 and an offense not described in subdivision 2, is 
        not eligible for release under this section unless the offender 
        has completed the offender's full term of imprisonment for the 
        other offense.  
           Subd. 10.  [NOTICE.] Upon receiving an offender's petition 
        for release under subdivision 2, the commissioner shall notify 
        the prosecuting authority responsible for the offender's 
        conviction and the sentencing court.  The commissioner shall 
        give the authority and court a reasonable opportunity to comment 
        on the offender's potential release.  This subdivision applies 
        only to offenders sentenced before July 1, 2005.  
           Subd. 11.  [SUNSET.] This section expires July 1, 2007. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005, 
        and applies to persons in prison on or after that date. 
           Sec. 7.  Minnesota Statutes 2004, section 244.18, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LOCAL CORRECTIONAL FEES.] A local correctional 
        agency may establish a schedule of local correctional fees to 
        charge persons convicted of a crime and under the supervision 
        and control of the local correctional agency to defray costs 
        associated with correctional services.  The local correctional 
        fees on the schedule must be reasonably related to defendants' 
        abilities to pay and the actual cost of correctional services. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 8.  Minnesota Statutes 2004, section 609.531, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
        609.531 to 609.5318, the following terms have the meanings given 
        them.  
           (a) "Conveyance device" means a device used for 
        transportation and includes, but is not limited to, a motor 
        vehicle, trailer, snowmobile, airplane, and vessel and any 
        equipment attached to it.  The term "conveyance device" does not 
        include property which is, in fact, itself stolen or taken in 
        violation of the law.  
           (b) "Weapon used" means a dangerous weapon as defined under 
        section 609.02, subdivision 6, that the actor used or had in 
        possession in furtherance of a crime.  
           (c) "Property" means property as defined in section 609.52, 
        subdivision 1, clause (1).  
           (d) "Contraband" means property which is illegal to possess 
        under Minnesota law.  
           (e) "Appropriate agency" means the Bureau of Criminal 
        Apprehension, the Minnesota Division of Driver and Vehicle 
        Services, the Minnesota State Patrol, a county sheriff's 
        department, the Suburban Hennepin Regional Park District park 
        rangers, the Department of Natural Resources Division of 
        Enforcement, the University of Minnesota Police Department, the 
        Department of Corrections' Fugitive Apprehension Unit, or a city 
        or airport police department.  
           (f) "Designated offense" includes:  
           (1) for weapons used:  any violation of this chapter, 
        chapter 152, or chapter 624; 
           (2) for driver's license or identification card 
        transactions:  any violation of section 171.22; and 
           (3) for all other purposes:  a felony violation of, or a 
        felony-level attempt or conspiracy to violate, section 325E.17; 
        325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
        609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
        609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
        1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
        (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
        and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
        609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
        609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
        609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
        12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
        609.895; 617.246; or a gross misdemeanor or felony violation of 
        section 609.891 or 624.7181; or any violation of section 609.324.
           (g) "Controlled substance" has the meaning given in section 
        152.01, subdivision 4. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 9.  Minnesota Statutes 2004, section 609.5311, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ASSOCIATED PROPERTY.] (a) All property, real and 
        personal, that has been used, or is intended for use, or has in 
        any way facilitated, in whole or in part, the manufacturing, 
        compounding, processing, delivering, importing, cultivating, 
        exporting, transporting, or exchanging of contraband or a 
        controlled substance that has not been lawfully manufactured, 
        distributed, dispensed, and acquired is subject to forfeiture 
        under this section, except as provided in subdivision 3. 
           (b) The Department of Corrections' Fugitive Apprehension 
        Unit shall not seize real property for the purposes of 
        forfeiture under paragraph (a). 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 10.  Minnesota Statutes 2004, section 609.5311, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LIMITATIONS ON FORFEITURE OF CERTAIN PROPERTY 
        ASSOCIATED WITH CONTROLLED SUBSTANCES.] (a) A conveyance device 
        is subject to forfeiture under this section only if the retail 
        value of the controlled substance is $25 or more and the 
        conveyance device is associated with a felony-level controlled 
        substance crime. 
           (b) Real property is subject to forfeiture under this 
        section only if the retail value of the controlled substance or 
        contraband is $1,000 or more. 
           (c) Property used by any person as a common carrier in the 
        transaction of business as a common carrier is subject to 
        forfeiture under this section only if the owner of the property 
        is a consenting party to, or is privy to, the use or intended 
        use of the property as described in subdivision 2. 
           (d) Property is subject to forfeiture under this section 
        only if its owner was privy to the use or intended use described 
        in subdivision 2, or the unlawful use or intended use of the 
        property otherwise occurred with the owner's knowledge or 
        consent. 
           (e) Forfeiture under this section of a conveyance device or 
        real property encumbered by a bona fide security interest is 
        subject to the interest of the secured party unless the secured 
        party had knowledge of or consented to the act or omission upon 
        which the forfeiture is based.  A person claiming a security 
        interest bears the burden of establishing that interest by clear 
        and convincing evidence.  
           (f) Forfeiture under this section of real property is 
        subject to the interests of a good faith purchaser for value 
        unless the purchaser had knowledge of or consented to the act or 
        omission upon which the forfeiture is based. 
           (g) Notwithstanding paragraphs (d), (e), and (f), property 
        is not subject to forfeiture based solely on the owner's or 
        secured party's knowledge of the unlawful use or intended use of 
        the property if:  (1) the owner or secured party took reasonable 
        steps to terminate use of the property by the offender; or (2) 
        the property is real property owned by the parent of the 
        offender, unless the parent actively participated in, or 
        knowingly acquiesced to, a violation of chapter 152, or the real 
        property constitutes proceeds derived from or traceable to a use 
        described in subdivision 2. 
           (h) The Department of Correction's Fugitive Apprehension 
        Unit shall not seize a conveyance device or real property, for 
        the purposes of forfeiture under paragraphs (a) to (g). 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 11.  Minnesota Statutes 2004, section 609.5312, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROPERTY SUBJECT TO FORFEITURE.] (a) All 
        personal property is subject to forfeiture if it was used or 
        intended for use to commit or facilitate the commission of a 
        designated offense.  All money and other property, real and 
        personal, that represent proceeds of a designated offense, and 
        all contraband property, are subject to forfeiture, except as 
        provided in this section. 
           (b) The Department of Corrections' Fugitive Apprehension 
        Unit shall not seize real property for the purposes of 
        forfeiture under paragraph (a). 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 12.  Minnesota Statutes 2004, 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. 
           (f) The Department of Corrections' Fugitive Apprehension 
        Unit shall not participate in paragraphs (a) to (e). 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 13.  Minnesota Statutes 2004, 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.  
           (g) The Department of Corrections' Fugitive Apprehension 
        Unit shall not seize a motor vehicle for the purposes of 
        forfeiture under paragraphs (a) to (f). 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 14.  Minnesota Statutes 2004, section 609.5314, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROPERTY SUBJECT TO ADMINISTRATIVE 
        FORFEITURE; PRESUMPTION.] (a) The following are presumed to be 
        subject to administrative forfeiture under this section: 
           (1) all money, precious metals, and precious stones found 
        in proximity to: 
           (i) controlled substances; 
           (ii) forfeitable drug manufacturing or distributing 
        equipment or devices; or 
           (iii) forfeitable records of manufacture or distribution of 
        controlled substances; 
           (2) all conveyance devices containing controlled substances 
        with a retail value of $100 or more if possession or sale of the 
        controlled substance would be a felony under chapter 152; and 
           (3) all firearms, ammunition, and firearm accessories found:
           (i) in a conveyance device used or intended for use to 
        commit or facilitate the commission of a felony offense 
        involving a controlled substance; 
           (ii) on or in proximity to a person from whom a felony 
        amount of controlled substance is seized; or 
           (iii) on the premises where a controlled substance is 
        seized and in proximity to the controlled substance, if 
        possession or sale of the controlled substance would be a felony 
        under chapter 152. 
           (4) The Department of Corrections' Fugitive Apprehension 
        Unit shall not seize items listed in clauses (2) and (3) for the 
        purposes of forfeiture. 
           (b) A claimant of the property bears the burden to rebut 
        this presumption. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 15.  Minnesota Statutes 2004, section 609.5317, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RENTAL PROPERTY.] (a) When contraband or a 
        controlled substance manufactured, distributed, or acquired in 
        violation of chapter 152 is seized on residential rental 
        property incident to a lawful search or arrest, the county 
        attorney shall give the notice required by this subdivision to 
        (1) the landlord of the property or the fee owner identified in 
        the records of the county assessor, and (2) the agent authorized 
        by the owner to accept service pursuant to section 504B.181.  
        The notice is not required during an ongoing investigation.  The 
        notice shall state what has been seized and specify the 
        applicable duties and penalties under this subdivision.  The 
        notice shall state that the landlord who chooses to assign the 
        right to bring an eviction action retains all rights and duties, 
        including removal of a tenant's personal property following 
        issuance of the writ of restitution and delivery of the writ to 
        the sheriff for execution.  The notice shall also state that the 
        landlord may contact the county attorney if threatened by the 
        tenant.  Notice shall be sent by certified letter, return 
        receipt requested, within 30 days of the seizure.  If receipt is 
        not returned, notice shall be given in the manner provided by 
        law for service of summons in a civil action. 
           (b) Within 15 days after notice of the first occurrence, 
        the landlord shall bring, or assign to the county attorney of 
        the county in which the real property is located, the right to 
        bring an eviction action against the tenant.  The assignment 
        must be in writing on a form prepared by the county attorney.  
        Should the landlord choose to assign the right to bring an 
        eviction action, the assignment shall be limited to those rights 
        and duties up to and including delivery of the writ of 
        restitution to the sheriff for execution. 
           (c) Upon notice of a second occurrence on any residential 
        rental property owned by the same landlord in the same county 
        and involving the same tenant, and within one year after notice 
        of the first occurrence, the property is subject to forfeiture 
        under sections 609.531, 609.5311, 609.5313, and 609.5315, unless 
        an eviction action has been commenced as provided in paragraph 
        (b) or the right to bring an eviction action was assigned to the 
        county attorney as provided in paragraph (b).  If the right has 
        been assigned and not previously exercised, or if the county 
        attorney requests an assignment and the landlord makes an 
        assignment, the county attorney may bring an eviction action 
        rather than an action for forfeiture. 
           (d) The Department of Corrections' Fugitive Apprehension 
        Unit shall not seize real property for the purposes of 
        forfeiture as described in paragraphs (a) to (c). 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 16.  Minnesota Statutes 2004, section 609.5318, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MOTOR VEHICLES SUBJECT TO FORFEITURE.] (a) 
        A motor vehicle is subject to forfeiture under this section if 
        the prosecutor establishes by clear and convincing evidence that 
        the vehicle was used in a violation of section 609.66, 
        subdivision 1e.  The prosecutor need not establish that any 
        individual was convicted of the violation, but a conviction of 
        the owner for a violation of section 609.66, subdivision 1e, 
        creates a presumption that the vehicle was used in the violation.
           (b) The Department of Corrections' Fugitive Apprehension 
        Unit shall not seize a motor vehicle for the purposes of 
        forfeiture under paragraph (a). 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 17.  Minnesota Statutes 2004, section 631.425, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CONFINEMENT WHEN NOT EMPLOYED.] Unless the court 
        otherwise directs, the sheriff or local correctional agency may 
        electronically monitor or confine in jail each inmate must be 
        confined in jail during the time the inmate is not employed, or, 
        if the inmate is employed, between the times of employment.  The 
        sheriff may not electronically monitor an offender who is 
        sentenced for an offense within the definition of domestic abuse 
        under section 518B.01, subdivision 2, unless the court directs 
        otherwise.  The sheriff may assess the cost of electronic 
        monitoring on the offender.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 18.  Minnesota Statutes 2004, section 641.21, is 
        amended to read: 
           641.21 [JAIL, ADVICE AS TO CONSTRUCTION.] 
           When any county board determines to purchase, lease or 
        erect a new jail, or to repair an existing one at an expense of 
        more than $5,000 $15,000, it shall pass a resolution to that 
        effect, and transmit a copy thereof to the commissioner of 
        corrections, who, within 30 days thereafter, shall transmit to 
        that county board the advice and suggestions in reference to the 
        purchase, lease or construction thereof as the commissioner 
        deems proper. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 19.  [MCF-FARIBAULT DEDICATION OF SPACE.] 
           While planning, designing, and constructing new facilities 
        on the campus of the Minnesota Correctional Facility in 
        Faribault, the commissioner of corrections shall designate a 
        space on the campus sufficient in size to build one additional 
        prison building.  This space must be preserved and designated 
        for the benefit of Rice County for the future construction of a 
        county correctional facility.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and expires on July 1, 2015. 
           Sec. 20.  [REPEALER.] 
           Minnesota Statutes 2004, section 243.162, is repealed. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 

                                   ARTICLE 14 
                           COURTS AND PUBLIC DEFENDER 
           Section 1.  Minnesota Statutes 2004, section 2.722, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DESCRIPTION.] Effective July 1, 1959, the 
        state is divided into ten judicial districts composed of the 
        following named counties, respectively, in each of which 
        districts judges shall be chosen as hereinafter specified: 
           1.  Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 
        Sibley; 33 judges; and four permanent chambers shall be 
        maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 
        other shall be maintained at the place designated by the chief 
        judge of the district; 
           2.  Ramsey; 26 judges; 
           3.  Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 
        Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent 
        chambers shall be maintained in Faribault, Albert Lea, Austin, 
        Rochester, and Winona; 
           4.  Hennepin; 60 judges; 
           5.  Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 
        Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 
        Martin, and Jackson; 16 judges; and permanent chambers shall be 
        maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato; 
           6.  Carlton, St. Louis, Lake, and Cook; 15 judges; 
           7.  Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 
        Stearns, Todd, Clay, Becker, and Wadena; 25 27 judges; and 
        permanent chambers shall be maintained in Moorhead, Fergus 
        Falls, Little Falls, and St. Cloud; 
           8.  Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 
        Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 
        Traverse, and Wilkin; 11 judges; and permanent chambers shall be 
        maintained in Morris, Montevideo, and Willmar; 
           9.  Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 
        Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 
        Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 
        22 judges; and permanent chambers shall be maintained in 
        Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 
        and International Falls; and 
           10.  Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 
        Chisago, and Washington; 41 43 judges; and permanent chambers 
        shall be maintained in Anoka, Stillwater, and other places 
        designated by the chief judge of the district. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 2.  Minnesota Statutes 2004, section 253B.08, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TIME FOR COMMITMENT HEARING.] The hearing 
        on the commitment petition shall be held within 14 days from the 
        date of the filing of the petition, except that the hearing on a 
        commitment petition pursuant to section 253B.185 shall be held 
        within 90 days from the date of the filing of the petition.  For 
        good cause shown, the court may extend the time of hearing up to 
        an additional 30 days.  The proceeding shall be dismissed if the 
        proposed patient has not had a hearing on a commitment petition 
        within the allowed time.  The proposed patient, or the head of 
        the treatment facility in which the person is held, may demand 
        in writing at any time that the hearing be held immediately.  
        Unless the hearing is held within five days of the date of the 
        demand, exclusive of Saturdays, Sundays and legal holidays, the 
        petition shall be automatically discharged if the patient is 
        being held in a treatment facility pursuant to court order.  For 
        good cause shown, the court may extend the time of hearing on 
        the demand for an additional ten days. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005.  
           Sec. 3.  Minnesota Statutes 2004, 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 
        $235 $240. 
           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 $235 $240. 
           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, $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, $40. 
           (6) Issuing a transcript of judgment, or for filing and 
        docketing a transcript of judgment from another court, $30. 
           (7) Filing and entering a satisfaction of judgment, partial 
        satisfaction, or assignment of judgment, $5. 
           (8) Certificate as to existence or nonexistence of 
        judgments docketed, $5 for each name certified to. 
           (9) Filing and indexing trade name; or recording basic 
        science certificate; or recording certificate of physicians, 
        osteopaths, chiropractors, veterinarians, or optometrists, $5. 
           (10) For the filing of each partial, final, or annual 
        account in all trusteeships, $40. 
           (11) For the deposit of a will, $20. 
           (12) For recording notary commission, $100, of which, 
        notwithstanding subdivision 1a, paragraph (b), $80 must be 
        forwarded to the commissioner of finance to be deposited in the 
        state treasury and credited to the general fund. 
           (13) Filing a motion or response to a motion for 
        modification of child support, a fee fixed by rule or order of 
        the Supreme Court.  
           (14) All other services required by law for which no fee is 
        provided, such fee as compares favorably with those herein 
        provided, or such as may be fixed by rule or order of the court. 
           (15) In addition to any other filing fees under this 
        chapter, a surcharge in the amount of $75 must be assessed in 
        accordance with section 259.52, subdivision 14, for each 
        adoption petition filed in district court to fund the fathers' 
        adoption registry under section 259.52. 
           The fees in clauses (3) and (5) need not be paid by a 
        public authority or the party the public authority represents. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 4.  Minnesota Statutes 2004, section 357.021, 
        subdivision 6, is amended to read: 
           Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
        (a) Except as provided in this paragraph, the court shall impose 
        and the court administrator shall collect a $60 $72 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 $4 surcharge.  In the Second Judicial 
        District, the court shall impose, and the court administrator 
        shall collect, an additional $1 surcharge on every person 
        convicted of any felony, gross misdemeanor, misdemeanor, or 
        petty misdemeanor offense, other than including a violation of a 
        law or ordinance relating to vehicle parking, if the Ramsey 
        County Board of Commissioners authorizes the $1 surcharge.  The 
        surcharge shall be imposed whether or not the person is 
        sentenced to imprisonment or the sentence is stayed.  The 
        surcharge shall not be imposed when a person is convicted of a 
        petty misdemeanor for which no fine is imposed. 
           (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 commissioner of finance. 
           (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 commissioner of finance. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 5.  Minnesota Statutes 2004, section 357.021, 
        subdivision 7, is amended to read: 
           Subd. 7.  [DISBURSEMENT OF SURCHARGES BY COMMISSIONER OF 
        FINANCE.] (a) Except as provided in paragraphs (b), (c), and 
        (d), the commissioner of finance 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 commissioner of finance shall credit $3 of each 
        surcharge received under subdivision 6 and section 97A.065, 
        subdivision 2, to the general fund. 
           (c) In addition to any amounts credited under paragraph 
        (a), the commissioner of finance shall credit $32 $44 of each 
        surcharge received under subdivision 6 and section 97A.065, 
        subdivision 2, and the $3 $4 parking surcharge, to the general 
        fund. 
           (d) If the Ramsey County Board of Commissioners authorizes 
        imposition of the additional $1 surcharge provided for in 
        subdivision 6, paragraph (a), the court administrator in the 
        Second Judicial District shall withhold $1 from each surcharge 
        collected under subdivision 6.  The court administrator must use 
        the withheld funds solely to fund the petty misdemeanor 
        diversion program administered by the Ramsey County Violations 
        Bureau.  The court administrator must transfer any unencumbered 
        portion of the funds received under this subdivision to the 
        commissioner of finance for distribution according to paragraphs 
        (a) to (c) transmit the surcharge to the commissioner of finance.
        The $1 special surcharge is deposited in a Ramsey County 
        surcharge account in the special revenue fund and amounts in the 
        account are appropriated to the trial courts for the 
        administration of the petty misdemeanor diversion program 
        operated by the Second Judicial District Ramsey County 
        Violations Bureau. 
           [EFFECTIVE DATE.] The changes to paragraph (c) are 
        effective July 1, 2005.  The changes to paragraph (d) are 
        effective either the day after the governing body of Ramsey 
        County authorizes imposition of the surcharge, or July 1, 2005, 
        whichever is the later date, and applies to convictions on or 
        after that date. 
           Sec. 6.  Minnesota Statutes 2004, section 357.18, is 
        amended to read: 
           357.18 [COUNTY RECORDER.] 
           Subdivision 1.  [COUNTY RECORDER FEES.] The fees to be 
        charged by the county recorder shall be as follows and not 
        exceed the following: 
           (1) for indexing and recording any deed or other instrument 
        $1 for each page of an instrument, with a minimum fee of $15 a 
        fee of $46; $10.50 shall be paid to the state treasury and 
        credited to the general fund; $10 shall be deposited in the 
        technology fund pursuant to subdivision 3; and $25.50 to the 
        county general fund; 
           (2) for documents containing multiple assignments, partial 
        releases or satisfactions $10 for each document number or book 
        and page cited a fee of $40; if the document cites more than 
        four recorded instruments, an additional fee of $10 for each 
        additional instrument cited over the first four citations; 
           (3) for certified copies of any records or papers, $1 for 
        each page of an instrument with a minimum fee of $5 $10; 
           (4) for a noncertified copy of any instrument or writing on 
        file or recorded in the office of the county recorder, or any 
        specified page or part of it, an amount as determined by the 
        county board for each page or fraction of a page specified.  If 
        computer or microfilm printers are used to reproduce the 
        instrument or writing, a like amount per image; 
           (5) for an abstract of title, the fees shall be determined 
        by resolution of the county board duly adopted upon the 
        recommendation of the county recorder, and the fees shall not 
        exceed $5 $10 for every entry, $50 $100 for abstract 
        certificate, $1 per page for each exhibit included within an 
        abstract as a part of an abstract entry, and $2 $5 per name for 
        each required name search certification; 
           (5) (6) for a copy of an official plat filed pursuant to 
        section 505.08, the fee shall be $9.50 $10 and an additional 50 
        cents $5 shall be charged for the certification of each plat; 
           (6) (7) for filing an amended floor plan in accordance with 
        chapter 515, an amended condominium plat in accordance with 
        chapter 515A, or a common interest community plat or amendment 
        complying with section 515B.2-110, subsection (c), the fee shall 
        be 50 cents per apartment or unit with a minimum fee of $30 $50; 
           (7) (8) for a copy of a floor plan filed pursuant to 
        chapter 515, a copy of a condominium plat filed in accordance 
        with chapter 515A, or a copy of a common interest community plat 
        complying with section 515B.2-110, subsection (c), the fee shall 
        be $1 for each page of the floor plan, condominium plat or 
        common interest community plat with a minimum fee of $10; 
           (9) for recording any plat, a fee of $56, of which $10.50 
        must be paid to the state treasury and credited to the general 
        fund, $10 must be deposited in the technology fund pursuant to 
        subdivision 3, and $35.50 must be deposited in the county 
        general fund; and 
           (10) for a noncertified copy of any document submitted for 
        recording, if the original document is accompanied by a copy or 
        duplicate original, $2.  Upon receipt of the copy or duplicate 
        original and payment of the fee, a county recorder shall return 
        it marked "copy" or "duplicate," showing the recording date and, 
        if available, the document number assigned to the original. 
           Subd. 1a.  [ABSTRACTING SERVICE FEES.] Fees fixed by or 
        established pursuant to subdivision 1 shall be the maximum fee 
        charged in all counties where the county recorder performs 
        abstracting services and shall be charged by persons authorized 
        to perform abstracting services in county buildings pursuant to 
        section 386.18.  
           Subd. 2.  [FEES FOR RECORDING INSTRUMENTS IN COUNTY 
        RECORDER OFFICE.] Notwithstanding the provisions of any general 
        or special law to the contrary, the fees prescribed by this 
        section shall govern the filing or recording of all instruments 
        in the office of the county recorder established fees pursuant 
        to subdivision 1 shall be the fee charged in all counties for 
        the specified service, other than Uniform Commercial Code 
        documents, and documents filed or recorded pursuant to sections 
        270.69, subdivision 2, paragraph (c), 272.481 to 272.488, 
        277.20, and 386.77. 
           Subd. 3.  [SURCHARGE.] In addition to the fees imposed in 
        subdivision 1, a $4.50 surcharge shall be collected:  on each 
        fee charged under subdivision 1, clauses (1) and (6), and for 
        each abstract certificate under subdivision 1, clause (4).  
        Fifty cents of each surcharge shall be retained by the county to 
        cover its administrative costs and $4 shall be paid to the state 
        treasury and credited to the general fund. 
           Subd. 4.  [EQUIPMENT TECHNOLOGY FUND.] $1 of each The $10 
        fee collected under subdivision 1, clause (1), shall be 
        deposited in an equipment a technology fund to for obtaining, 
        maintaining, and updating current technology and equipment to 
        provide services from the record system.  The fund shall be 
        disbursed at the county recorder's discretion to provide modern 
        information services from the records system.  The fund is a 
        supplemental fund and shall not be construed to diminish the 
        duty of the county governing body to furnish funding for 
        expenses and personnel necessary in the performance of the 
        duties of the office pursuant to section 386.015, subdivision 6, 
        paragraph (a), clause (2), and to comply with the requirements 
        of section 357.182. 
           Subd. 5.  [VARIANCE FROM STANDARDS.] A document that does 
        not should conform to the standards in section 507.093, 
        paragraph (a), shall not be recorded except upon payment of an 
        additional fee of $10 per document but should not be rejected 
        unless the document is not legible or cannot be archived.  This 
        subdivision applies only to documents dated after July 31, 1997, 
        and does not apply to Minnesota uniform conveyancing 
        blanks contained in the book of forms on file in the office of 
        the commissioner of commerce provided for under section 507.09, 
        certified copies, or any other form provided for under Minnesota 
        Statutes. 
           Subd. 6.  [REGISTRAR OF TITLES' FEES.] The fees to be 
        charged by the registrar of titles are in sections 508.82 and 
        508A.82. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 7.  [357.182] [COUNTY FEES AND RECORDING STANDARDS FOR 
        THE RECORDING OF REAL ESTATE DOCUMENTS.] 
           Subdivision 1.  [APPLICATION.] Unless otherwise specified 
        in this section and notwithstanding any other law to the 
        contrary, effective August 1, 2005, this section applies to each 
        county in Minnesota.  Documents presented for recording within 
        60 days after the effective date of this section and that are 
        acknowledged, sworn to before a notary, or certified before the 
        effective date of this section must not be rejected for failure 
        to include the new filing fee. 
           Subd. 2.  [FEE RESTRICTIONS.] Notwithstanding any local law 
        or ordinance to the contrary, no county may charge or collect 
        any fee, special or otherwise, or however described, other than 
        a fee denominated or prescribed by state law, for any service, 
        task, or step performed by any county officer or employee in 
        connection with the receipt, recording, and return of any 
        recordable instrument by the county recorder or registrar of 
        titles, whether received by mail, in person, or by electronic 
        delivery, including, but not limited to, opening mail; handling, 
        transferring, or transporting the instrument; certifying no 
        delinquent property taxes; payment of state deed tax, mortgage 
        registry tax, or conservation fee; recording of approved plats, 
        subdivision splits, or combinations; or any other prerequisites 
        to recording, and returning the instrument by regular mail or in 
        person to the person identified in the instrument for that 
        purpose. 
           Subd. 3.  [RECORDING REQUIREMENTS.] Each county recorder 
        and registrar of titles shall, within 15 business days after any 
        instrument in recordable form accompanied by payment of 
        applicable fees by customary means is delivered to the county 
        for recording or is otherwise received by the county recorder or 
        registrar of titles for that purpose, record and index the 
        instrument in the manner provided by law and return it by 
        regular mail or in person to the person identified in the 
        instrument for that purpose, if the instrument does not require 
        certification of no-delinquent taxes, payment of state deed tax, 
        mortgage registry tax, or conservation fee.  Each county must 
        establish a policy for the timely handling of instruments that 
        require certification of no-delinquent taxes, payment of state 
        deed tax, mortgage registry tax, or conservation fee and that 
        policy may allow up to an additional five business days at the 
        request of the office or offices responsible to complete the 
        payment and certification process. 
           For calendar years 2009 and 2010, the maximum time allowed 
        for completion of the recording process for documents presented 
        in recordable form will be 15 business days. 
           For calendar year 2011 and thereafter, the maximum time 
        allowed for completion of the recording process for documents 
        presented in recordable form will be ten business days. 
           Instruments recorded electronically must be returned no 
        later than five business days after receipt by the county in a 
        recordable format. 
           Subd. 4.  [COMPLIANCE WITH RECORDING REQUIREMENTS.] For 
        calendar year 2007, a county is in compliance with the recording 
        requirements prescribed by subdivision 3 if at least 60 percent 
        of all recordable instruments described in subdivision 3 and 
        received by the county in that year are recorded and returned 
        within the time limits prescribed in subdivision 3.  In calendar 
        year 2008, at least 70 percent of all recordable instruments 
        must be recorded and returned in compliance with the recording 
        requirements; for calendar year 2009, at least 80 percent of all 
        recordable instruments must be recorded and returned in 
        compliance with the recording requirements; and for calendar 
        year 2010 and later years, at least 90 percent of all recordable 
        instruments must be recorded and returned in compliance with the 
        recording requirements. 
           Subd. 5.  [TEMPORARY SUSPENSION OF COMPLIANCE WITH 
        RECORDING REQUIREMENTS.] Compliance with the requirements of 
        subdivision 4 may be suspended for up to six months when a 
        county undertakes material enhancements to its systems for 
        receipt, handling, paying of deed and mortgage tax and 
        conservation fees, recording, indexing, certification, and 
        return of instruments.  The six-month suspension may be extended 
        for up to an additional six months if a county board finds by 
        resolution that the additional time is necessary because of the 
        difficulties of implementing the enhancement. 
           Subd. 6.  [CERTIFICATION OF COMPLIANCE WITH RECORDING 
        REQUIREMENTS.] Effective beginning in 2007 for the 2008 county 
        budget and in each year thereafter, the county recorder and 
        registrar of titles for each county shall file with the county 
        commissioners, as part of their budget request, a report that 
        establishes the status for the previous year of their compliance 
        with the requirements established in subdivision 3.  If the 
        office has not achieved compliance with the recording 
        requirements, the report must include an explanation of the 
        failure to comply, recommendations by the recorder or registrar 
        to cure the noncompliance and to prevent a reoccurrence, and a 
        proposal identifying actions, deadlines, and funding necessary 
        to bring the county into compliance. 
           Subd. 7.  [RESTRICTION ON USE OF RECORDING 
        FEES.] Notwithstanding any law to the contrary, for county 
        budgets adopted after January 1, 2006, each county shall 
        segregate the additional unallocated fee authorized by sections 
        357.18, 508.82, and 508A.82 from the application of the 
        provisions of chapters 386, 507, 508, and 508A, in an 
        appropriate account.  This money is available as authorized by 
        the Board of County Commissioners for supporting enhancements to 
        the recording process, including electronic recording, to fund 
        compliance efforts specified in subdivision 5 and for use in 
        undertaking data integration and aggregation projects.  Money 
        remains in the account until expended for any of the authorized 
        purposes set forth in this subdivision.  This money must not be 
        used to supplant the normal operating expenses for the office of 
        county recorder or registrar of titles. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 8.  Minnesota Statutes 2004, section 505.08, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC CERTIFIED COPIES.] The copies of the 
        official plat or of the exact reproducible copy shall be 
        compared and certified to by the county recorder in the manner 
        in which certified copies of records are issued in the 
        recorder's office, and the copy thereof shall be bound in a 
        proper volume for the use of the general public and anyone shall 
        have access to and may inspect such certified copy at their 
        pleasure.  When the plat includes both registered and 
        nonregistered land two copies thereof shall be so certified and 
        bound, one for such general public use in each of the offices of 
        the county recorder and registrar of titles; provided, however, 
        that only one such copy so certified and bound shall be provided 
        for general public use in those counties wherein the office 
        quarters of the county recorder and registrar of titles are one 
        and the same.  When the copy, or any part thereof, shall become 
        unintelligible from use or wear or otherwise, at the request of 
        the county recorder it shall be the duty of the county surveyor 
        to make a reproduction copy of the official plat, or the exact 
        transparent reproducible copy under the direct supervision of 
        the county recorder, who shall compare the copy, certify that it 
        is a correct copy thereof, by proper certificate as above set 
        forth, and it shall be bound in the volume, and under the page, 
        and in the place of the discarded copy.  In counties not having 
        a county surveyor the county recorder shall employ a licensed 
        land surveyor to make such reproduction copy, at the expense of 
        the county.  The county recorder shall receive as a fee for 
        filing these plats, as aforesaid described, 50 cents per lot, 
        but shall receive not less than $30 for any plat filed in the 
        recorder's office pursuant to section 357.18, subdivision 1.  
        Reproductions from the exact transparent reproducible copy shall 
        be available to any person upon request and the cost of such 
        reproductions shall be paid by the person making such request.  
        If a copy of the official plat is requested the county recorder 
        shall prepare it and duly certify that it is a copy of the 
        official plat and the cost of such copy shall be paid by the 
        person making such request. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 9.  Minnesota Statutes 2004, section 508.82, is 
        amended to read: 
           508.82 [REGISTRAR'S REGISTRAR OF TITLES' FEES.] 
           Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
        to charged by the registrar of titles shall be as follows and 
        not exceed the following: 
           (1) of the fees provided herein, five percent $1.50 of the 
        fees collected under clauses (3), (5), (11), (13), (4), (10), 
        (12), (14), (16), and (17), for filing or memorializing shall be 
        paid to the commissioner of finance state treasury pursuant to 
        section 508.75 and credited to the general fund; plus a $4.50 
        surcharge shall be charged and collected in addition to the 
        total fees charged for each transaction under clauses (2), (3), 
        (5), (11), (13), (14), (16), and (17), with 50 cents of this 
        surcharge to be retained by the county to cover its 
        administrative costs, and $4 to be paid to the state treasury 
        and credited to the general fund; 
           (2) for registering a first certificate of title, including 
        issuing a copy of it, $30 $46.  Pursuant to clause (1), 
        distribution of this fee is as follows: 
           (i) $10.50 shall be paid to the state treasury and credited 
        to the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; and 
           (iii) $25.50 shall be deposited in the county general fund; 
           (3) for registering each instrument transferring the fee 
        simple title for which a new certificate of title is issued and 
        for the registration of the new certificate of title, including 
        a copy of it, $30 $46.  Pursuant to clause (1), distribution of 
        this fee is as follows: 
           (i) $12 shall be paid to the state treasury and credited to 
        the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; and 
           (iii) $24 shall be deposited in the county general fund; 
           (4) for issuance of a CECT pursuant to section 508.351, 
        $15; 
           (5) for the entry of each memorial on a 
        certificate, $15 $46.  For multiple certificate entries, $20 
        thereafter.  Pursuant to clause (1), distribution of this fee is 
        as follows: 
           (i) $12 shall be paid to the state treasury and credited to 
        the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; 
           (iii) $24 shall be deposited in the county general fund; 
        and 
           (iv) $20 shall be deposited in the county general fund for 
        each multiple entry used; 
           (6) (5) for issuing each residue certificate, $20 $40; 
           (7) (6) for exchange certificates, $10 $20 for each 
        certificate canceled and $10 $20 for each new certificate 
        issued; 
           (8) (7) for each certificate showing condition of the 
        register, $10 $50; 
           (9) (8) for any certified copy of any instrument or writing 
        on file or recorded in the registrar's registrar of titles' 
        office, the same fees allowed by law to county recorders for 
        like services $10; 
           (10) (9) for a noncertified copy of any certificate of 
        title, other than the copies issued under clauses (2) and (3), 
        any instrument or writing on file or recorded in the office of 
        the registrar of titles, or any specified page or part of it, an 
        amount as determined by the county board for each page or 
        fraction of a page specified.  If computer or microfilm printers 
        are used to reproduce the instrument or writing, a like amount 
        per image; 
           (10) for a noncertified copy of any document submitted for 
        recording, if the original document is accompanied by a copy or 
        duplicate original, $2.  Upon receipt of the copy or duplicate 
        original and payment of the fee, a registrar of titles shall 
        return it marked "copy" or "duplicate," showing the recording 
        date and, if available, the document number assigned to the 
        original; 
           (11) for filing two copies of any plat in the office of the 
        registrar, $30 $56.  Pursuant to clause (1), distribution of 
        this fee is as follows: 
           (i) $12 shall be paid to the state treasury and credited to 
        the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; and 
           (iii) $34 shall be deposited in the county general fund; 
           (12)  for any other service under this chapter, such fee as 
        the court shall determine; 
           (13)  for filing an amendment to a declaration in 
        accordance with chapter 515, $10 $46 for each certificate upon 
        which the document is registered and $30 for multiple 
        certificate entries, $20 thereafter; $56 for an amended floor 
        plan filed in accordance with chapter 515;.  Pursuant to clause 
        (1), distribution of this fee is as follows: 
           (i) $12 shall be paid to the state treasury and credited to 
        the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; 
           (iii) $24 shall be deposited in the county general fund for 
        amendment to a declaration; 
           (iv) $20 shall be deposited in the county general fund for 
        each multiple entry used; and 
           (v) $34 shall be deposited in the county general fund for 
        an amended floor plan; 
           (14) for issuance of a CECT pursuant to section 508.351, 
        $40; 
           (14) (15) for filing an amendment to a common interest 
        community declaration and plat or amendment complying with 
        section 515B.2-110, subsection (c), $10 $46 for each certificate 
        upon which the document is registered and $30 for multiple 
        certificate entries, $20 thereafter and $56 for the filing of 
        the condominium or common interest community plat or amendment.  
        Pursuant to clause (1), distribution of this fee is as follows: 
           (i) $12 shall be paid to the state treasury and credited to 
        the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; 
           (iii) $24 shall be deposited in the county general fund for 
        the filing of an amendment complying with section 515B.2-110, 
        subsection (c); 
           (iv) $20 shall be deposited in the county general fund for 
        each multiple entry used; and 
           (v) $34 shall be deposited in the county general fund for 
        the filing of a condominium or CIC plat or amendment; 
           (15) (16) for a copy of a condominium floor plan filed in 
        accordance with chapter 515, or a copy of a common interest 
        community plat complying with section 515B.2-110, subsection 
        (c), the fee shall be $1 for each page of the floor plan or 
        common interest community plat with a minimum fee of $10; 
           (16) (17) for the filing of a certified copy of a plat of 
        the survey pursuant to section 508.23 or 508.671, $10 $46.  
        Pursuant to clause (1), distribution of this fee is as follows: 
           (i) $12 shall be paid to the state treasury and credited to 
        the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; and 
           (iii) $24 shall be deposited in the county general fund; 
           (17) (18) for filing a registered land survey in triplicate 
        in accordance with section 508.47, subdivision 4, $30 $56.  
        Pursuant to clause (1), distribution of this fee is as follows: 
           (i) $12 shall be paid to the state treasury and credited to 
        the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; and 
           (iii) $34 shall be deposited in the county general fund; 
        and 
           (18) (19) for furnishing a certified copy of a registered 
        land survey in accordance with section 508.47, subdivision 
        4, $10 $15. 
           Subd. 1a.  [FEES FOR RECORDING INSTRUMENTS WITH REGISTRAR 
        OF TITLES' OFFICE.] Notwithstanding the provisions of any 
        general or special law to the contrary, and pursuant to section 
        357.182, the established fees pursuant to subdivision 1 shall be 
        the fee charged in all counties for the specified service, other 
        than Uniform Commercial Code documents and documents filed or 
        recorded pursuant to sections 270.69, subdivision 2, paragraph 
        (c); 272.481 to 272.488; 277.20; and 386.77. 
           Subd. 2.  [VARIANCE FROM STANDARDS.] A document that does 
        not should conform to the standards in section 507.093, 
        paragraph (a), shall not be filed except upon payment of an 
        additional fee of $10 per document but should not be rejected 
        unless the document is not legible or cannot be archived.  This 
        subdivision applies only to documents dated after July 31, 1997, 
        and does not apply to Minnesota uniform conveyancing 
        blanks contained in the book of forms on file in the office of 
        the commissioner of commerce provided for under section 507.09, 
        certified copies, or any other form provided for under Minnesota 
        Statutes. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 10.  Minnesota Statutes 2004, section 508A.82, is 
        amended to read: 
           508A.82 [REGISTRAR'S REGISTRAR OF TITLES' FEES.] 
           Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
        to charged by the registrar of titles shall be as follows and 
        not exceed the following:  
           (1) of the fees provided herein, five percent $1.50 of the 
        fees collected under clauses (3), (5), (11), (13), (14) (15), 
        and (17), (18) for filing or memorializing shall be paid to the 
        commissioner of finance state treasury pursuant to section 
        508.75 and credited to the general fund; plus a $4.50 surcharge 
        shall be charged and collected in addition to the total fees 
        charged for each transaction under clauses (2), (3), (5), (11), 
        (13), (14), and (17), with 50 cents of this surcharge to be 
        retained by the county to cover its administrative costs, and $4 
        to be paid to the state treasury and credited to the general 
        fund; 
           (2) for registering a first CPT, including issuing a copy 
        of it, $30; $46.  Pursuant to clause (1), distribution of the 
        fee is as follows: 
           (i) $10.50 shall be paid to the state treasury and credited 
        to the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; and 
           (iii) $25.50 shall be deposited in the county general fund; 
           (3) for registering each instrument transferring the fee 
        simple title for which a new CPT is issued and for the 
        registration of the new CPT, including a copy of it, $30; $46.  
        Pursuant to clause (1), distribution of the fee is as follows: 
           (i) $12 shall be paid to the state treasury and credited to 
        the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; and 
           (iii) $24 shall be deposited in the county general fund; 
           (4) for issuance of a CECT pursuant to section 508A.351, 
        $15; 
           (5) for the entry of each memorial on a CPT, $15; $46; for 
        multiple certificate entries, $20 thereafter.  Pursuant to 
        clause (1), distribution of the fee is as follows: 
           (i) $12 shall be paid to the state treasury and credited to 
        the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; 
           (iii) $24 shall be deposited in the county general fund; 
        and 
           (iv) $20 shall be deposited in the county general fund for 
        each multiple entry used; 
           (6) for issuing each residue CPT, $20 $40; 
           (7) for exchange CPTs or combined certificates of title, 
        $10 $20 for each CPT and certificate of title canceled and 
        $10 $20 for each new CPT or combined certificate of title 
        issued; 
           (8) for each CPT showing condition of the 
        register, $10 $50; 
           (9) for any certified copy of any instrument or writing on 
        file or recorded in the registrar's registrar of titles' office, 
        the same fees allowed by law to county recorders for like 
        services $10; 
           (10) for a noncertified copy of any CPT, other than the 
        copies issued under clauses (2) and (3), any instrument or 
        writing on file or recorded in the office of the registrar of 
        titles, or any specified page or part of it, an amount as 
        determined by the county board for each page or fraction of a 
        page specified.  If computer or microfilm printers are used to 
        reproduce the instrument or writing, a like amount per image; 
           (11) for a noncertified copy of any document submitted for 
        recording, if the original document is accompanied by a copy or 
        duplicate original, $2.  Upon receipt of the copy or duplicate 
        original and payment of the fee, a registrar of titles shall 
        return it marked "copy" or "duplicate," showing the recording 
        date and, if available, the document number assigned to the 
        original; 
           (12) for filing two copies of any plat in the office of the 
        registrar, $30; $56.  Pursuant to clause (1), distribution of 
        the fee is as follows: 
           (i) $12 shall be paid to the state treasury and credited to 
        the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; and 
           (iii) $34 shall be deposited in the county general fund; 
           (12) (13) for any other service under sections 508A.01 to 
        508A.85, the fee the court shall determine; 
           (13) (14) for filing an amendment to a declaration in 
        accordance with chapter 515, $10 $46 for each certificate upon 
        which the document is registered and $30 for multiple 
        certificate entries, $20 thereafter; $56 for an amended floor 
        plan filed in accordance with chapter 515;.  Pursuant to clause 
        (1), distribution of the fee is as follows: 
           (i) $12 shall be paid to the state treasury and credited to 
        the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; 
           (iii) $24 shall be deposited in the county general fund for 
        amendment to a declaration; 
           (iv) $20 shall be deposited in the county general fund for 
        each multiple entry used; and 
           (v) $34 shall be deposited in the county general fund for 
        an amended floor plan; 
           (14) (15) for issuance of a CECT pursuant to section 
        508.351, $40; 
           (16) for filing an amendment to a common interest community 
        declaration and plat or amendment complying with section 
        515B.2-110, subsection (c), and issuing a CECT if 
        required, $10 $46 for each certificate upon which the document 
        is registered and $30 for multiple certificate entries, $20 
        thereafter; $56 for the filing of the condominium or common 
        interest community plat or amendment;.  Pursuant to clause (1), 
        distribution of the fee is as follows: 
           (i) $12 shall be paid to the state treasury and credited to 
        the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; 
           (iii) $24 shall be deposited in the county general fund for 
        the filing of an amendment complying with section 515B.2-110, 
        subsection (c); 
           (iv) $20 shall be deposited in the county general fund for 
        each multiple entry used; and 
           (v) $34 shall be deposited in the county general fund for 
        the filing of a condominium or CIC plat or amendment; 
           (15) (17) for a copy of a condominium floor plan filed in 
        accordance with chapter 515, or a copy of a common interest 
        community plat complying with section 515B.2-110, subsection 
        (c), the fee shall be $1 for each page of the floor plan, or 
        common interest community plat with a minimum fee of $10; 
           (16) (18) in counties in which the compensation of the 
        examiner of titles is paid in the same manner as the 
        compensation of other county employees, for each parcel of land 
        contained in the application for a CPT, as the number of parcels 
        is determined by the examiner, a fee which is reasonable and 
        which reflects the actual cost to the county, established by the 
        board of county commissioners of the county in which the land is 
        located; 
           (17) (19) for filing a registered land survey in triplicate 
        in accordance with section 508A.47, subdivision 4, $30; and $56. 
        Pursuant to clause (1), distribution of the fee is as follows: 
           (i) $12 shall be paid to the state treasury and credited to 
        the general fund; 
           (ii) $10 shall be deposited in the technology fund pursuant 
        to section 357.18, subdivision 3; and 
           (iii) $34 shall be deposited in the county general fund; 
        and 
           (18) (20) for furnishing a certified copy of a registered 
        land survey in accordance with section 508A.47, subdivision 
        4, $10 $15. 
           Subd. 1a.  [FEES TO RECORD INSTRUMENTS WITH REGISTRAR OF 
        TITLES.] Notwithstanding any special law to the contrary, and 
        pursuant to section 357.182, the established fees pursuant to 
        subdivision 1 shall be the fee charged in all counties for the 
        specified service, other than Uniform Commercial Code documents, 
        and documents filed or recorded pursuant to sections 270.69, 
        subdivision 2, paragraph (c); 272.481 to 272.488; 277.20; and 
        386.77.  
           Subd. 2.  [VARIANCE FROM STANDARDS.] A document that does 
        not should conform to the standards in section 507.093, 
        paragraph (a), shall not be filed except upon payment of an 
        additional fee of $10 per document but should not be rejected 
        unless the document is not legible or cannot be archived.  This 
        subdivision applies only to documents dated after July 31, 1997, 
        and does not apply to Minnesota uniform conveyancing 
        blanks contained in the book of forms on file in the office of 
        the commissioner of commerce provided for under section 507.09, 
        certified copies, or any other form provided for under Minnesota 
        Statutes. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 11.  Minnesota Statutes 2004, section 515B.1-116, is 
        amended to read: 
           515B.1-116 [RECORDING.] 
           (a) A declaration, bylaws, any amendment to a declaration 
        or bylaws, and any other instrument affecting a common interest 
        community shall be entitled to be recorded.  In those counties 
        which have a tract index, the county recorder shall enter the 
        declaration in the tract index for each unit affected.  The 
        registrar of titles shall file the declaration in accordance 
        with section 508.351 or 508A.351. 
           (b) The recording officer shall upon request promptly 
        assign a number (CIC number) to a common interest community to 
        be formed or to a common interest community resulting from the 
        merger of two or more common interest communities. 
           (c) Documents recorded pursuant to this chapter shall in 
        the case of registered land be filed, and references to the 
        recording of documents shall mean filed in the case of 
        registered land. 
           (d) Subject to any specific requirements of this chapter, 
        if a recorded document relating to a common interest community 
        purports to require a certain vote or signatures approving any 
        restatement or amendment of the document by a certain number or 
        percentage of unit owners or secured parties, and if the 
        amendment or restatement is to be recorded pursuant to this 
        chapter, an affidavit of the president or secretary of the 
        association stating that the required vote or signatures have 
        been obtained shall be attached to the document to be recorded 
        and shall constitute prima facie evidence of the representations 
        contained therein. 
           (e) If a common interest community is located on registered 
        land, the recording fee for any document affecting two or more 
        units shall be the then-current fee for registering the document 
        on the certificates of title for the first ten affected 
        certificates and one-third of the then-current fee for each 
        additional affected certificate $40 for the first ten affected 
        certificates and $10 for each additional affected certificate.  
        This provision shall not apply to recording fees for deeds of 
        conveyance, with the exception of deeds given pursuant to 
        sections 515B.2-119 and 515B.3-112. 
           (f) Except as permitted under this subsection, a recording 
        officer shall not file or record a declaration creating a new 
        common interest community, unless the county treasurer has 
        certified that the property taxes payable in the current year 
        for the real estate included in the proposed common interest 
        community have been paid.  This certification is in addition to 
        the certification for delinquent taxes required by section 
        272.12.  In the case of preexisting common interest communities, 
        the recording officer shall accept, file, and record the 
        following instruments, without requiring a certification as to 
        the current or delinquent taxes on any of the units in the 
        common interest community:  (i) a declaration subjecting the 
        common interest community to this chapter; (ii) a declaration 
        changing the form of a common interest community pursuant to 
        section 515B.2-123; or (iii) an amendment to or restatement of 
        the declaration, bylaws, or CIC plat.  In order for an 
        instrument to be accepted and recorded under the preceding 
        sentence, the instrument must not create or change unit or 
        common area boundaries. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 12.  Minnesota Statutes 2004, section 590.01, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PETITION.] Except at a time when direct 
        appellate relief is available, a person convicted of a crime, 
        who claims that: 
           (1) the conviction obtained or the sentence or other 
        disposition made violated the person's rights under the 
        Constitution or laws of the United States or of the state; or 
           (2) scientific evidence not available at trial, obtained 
        pursuant to a motion granted under subdivision 1a, establishes 
        the petitioner's actual innocence; 
        may commence a proceeding to secure relief by filing a petition 
        in the district court in the county in which the conviction was 
        had to vacate and set aside the judgment and to discharge the 
        petitioner or to resentence the petitioner or grant a new trial 
        or correct the sentence or make other disposition as may be 
        appropriate.  A petition for postconviction relief after a 
        direct appeal has been completed may not be based on grounds 
        that could have been raised on direct appeal of the conviction 
        or sentence.  Nothing contained herein shall prevent the Supreme 
        Court or the Court of Appeals, upon application by a party, from 
        granting a stay of a case on appeal for the purpose of allowing 
        an appellant to apply to the district court for an evidentiary 
        hearing under the provisions of this chapter.  The proceeding 
        shall conform with sections 590.01 to 590.06.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 13.  Minnesota Statutes 2004, section 590.01, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [TIME LIMIT.] (a) No petition for postconviction 
        relief may be filed more than two years after the later of: 
           (1) the entry of judgment of conviction or sentence if no 
        direct appeal is filed; or 
           (2) an appellate court's disposition of petitioner's direct 
        appeal. 
           (b) Notwithstanding paragraph (a), a court may hear a 
        petition for postconviction relief if: 
           (1) the petitioner establishes that a physical disability 
        or mental disease precluded a timely assertion of the claim; 
           (2) the petitioner alleges the existence of newly 
        discovered evidence, including scientific evidence, that could 
        not have been ascertained by the exercise of due diligence by 
        the petitioner or petitioner's attorney within the two-year time 
        period for filing a postconviction petition, and the evidence is 
        not cumulative to evidence presented at trial, is not for 
        impeachment purposes, and establishes by a clear and convincing 
        standard that the petitioner is innocent of the offense or 
        offenses for which the petitioner was convicted; 
           (3) the petitioner asserts a new interpretation of federal 
        or state constitutional or statutory law by either the United 
        States Supreme Court or a Minnesota appellate court and the 
        petitioner establishes that this interpretation is retroactively 
        applicable to the petitioner's case; 
           (4) the petition is brought pursuant to subdivision 3; or 
           (5) the petitioner establishes to the satisfaction of the 
        court that the petition is not frivolous and is in the interests 
        of justice.  
           (c) Any petition invoking an exception provided in 
        paragraph (b) must be filed within two years of the date the 
        claim arises. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
        Any person whose conviction became final before August 1, 2005, 
        shall have two years after the effective date of this act to 
        file a petition for postconviction relief. 
           Sec. 14.  Minnesota Statutes 2004, section 609.115, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [SENTENCING WORKSHEET; SENTENCING GUIDELINES 
        COMMISSION.] If the defendant has been convicted of a felony, 
        including a felony for which a mandatory life sentence is 
        required by law, the court shall cause a sentencing worksheet as 
        provided in subdivision 1 to be completed and forwarded to the 
        Sentencing Guidelines Commission. 
           For the purpose of this section, "mandatory life sentence" 
        means a sentence under section 609.106, subdivision 2; 609.109, 
        subdivision 3; 609.185; 609.3455; or 609.385, subdivision 2, and 
        governed by section 244.05. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 15.  Minnesota Statutes 2004, 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 as follows: 
           (1) access to data about witnesses in a criminal case shall 
        be limited to records of criminal convictions; and 
           (2) access to data regarding the public defender's own 
        client which includes, but is 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 has access to data under this section, 
        whether accessed via CriMNet or other methods.  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; 
        or data systems maintained by a prosecuting attorney.  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 the criminal justice 
        data communications network. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 16.  [611.273] [SURPLUS PROPERTY.] 
           Notwithstanding the provisions of Minnesota Statutes, 
        sections 15.054 and 16C.23, the Board of Public Defense, in its 
        sole discretion, may provide surplus computers to its part-time 
        employees for their use. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 17.  Minnesota Statutes 2004, section 626.04, is 
        amended to read: 
           626.04 [PROPERTY; SEIZURE, KEEPING, AND DISPOSAL.] 
           (a) When any officer seizes, with or without warrant, any 
        property or thing, it shall be safely kept by direction of the 
        court as long as necessary for the purpose of being produced as 
        evidence on any trial.  If the owner of the property makes a 
        written request to the seizing officer's agency for return of 
        the property, and the property has not been returned within 48 
        hours of the request, excluding Saturday, Sunday, or legal 
        holidays, the person whose property has been seized may file a 
        petition for the return of the property in the district court in 
        the district in which the property was seized.  The court 
        administrator shall provide a form for use as a petition under 
        this section.  A filing fee, equal to the civil motion filing 
        fee, shall be required for filing the petition.  The district 
        court shall send a copy of the petition to the agency acting as 
        custodian of the property with at least ten days notice of a 
        hearing date.  A hearing on the petition shall be held within 30 
        days of filing unless good cause is shown for an extension of 
        time.  The determination of the petition must be without jury 
        trial and by a simple and informal procedure.  At the hearing, 
        the court may receive relevant evidence on any issue of fact 
        necessary to the decision on the petition without regard to 
        whether the evidence would be admissible under the Minnesota 
        Rules of Evidence.  The court shall allow if requested, or on 
        its own motion may require, the custodian or the custodian's 
        designee to summarize the status and progress of an ongoing 
        investigation that led to the seizure.  Any such summary shall 
        be done ex parte and only the custodian, the custodian's 
        designee, and their attorneys may be present with the court and 
        court staff.  The court shall seal the ex parte record.  After a 
        hearing, the court shall not order the return if it finds that: 
           (1) the property is being held in good faith as potential 
        evidence in any matter, charged or uncharged; 
           (2) the property may be subject to forfeiture proceedings; 
           (3) the property is contraband or may contain contraband; 
        or 
           (4) the property is subject to other lawful retention.  
           (b) The court shall make findings on each of these issues 
        as part of its order.  If the property is ordered returned, the 
        petitioner shall not be liable for any storage costs incurred 
        from the date the petition was filed.  If the petition is 
        denied, the court may award reasonable costs and attorney fees.  
        After the trial for which the property was being held as 
        potential evidence, and the expiration date for all associated 
        appeals, the property or thing shall, unless otherwise subject 
        to lawful detention, be returned to its owner or any other 
        person entitled to possess it.  Any property or thing seized may 
        be destroyed or otherwise disposed of under the direction of the 
        court.  Any money found in gambling devices when seized shall be 
        paid into the county treasury.  If the gambling devices are 
        seized by a police officer of a municipality, the money shall be 
        paid into the treasury of the municipality. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005, 
        and applies to property seized on or after that date. 
           Sec. 18.  [COLLATERAL SANCTIONS CROSS-REFERENCES; CREATION 
        OF A NEW CHAPTER.] 
           Subdivision 1.  [DEFINITIONS.] For purposes of this section:
           (1) "automatically" means either by operation of law or by 
        the mandated action of a designated official or agency; and 
           (2) "collateral sanction" means a legal penalty, 
        disability, or disadvantage, however denominated, that is 
        imposed on a person automatically when that person is convicted 
        of or found to have committed a crime, even if the sanction is 
        not included in the sentence.  Collateral sanction does not 
        include: 
           (i) a direct consequence of the crime such as a criminal 
        fine, restitution, or incarceration; or 
           (ii) a requirement imposed by the sentencing court or other 
        designated official or agency that the convicted person provide 
        a biological specimen for DNA analysis, provide fingerprints, or 
        submit to any form of assessment or testing. 
           Subd. 2.  [REVISOR INSTRUCTION.] The revisor of statutes 
        shall create a new chapter in Minnesota Statutes that contains 
        cross-references to Minnesota laws imposing collateral 
        sanctions.  The revisor shall create a structure within this new 
        chapter that categorizes these laws in a useful way to users and 
        provides them with quick access to the cross-referenced laws.  
        The revisor may consider, but is not limited to, using the 
        following categories in the new chapter: 
           (1) collateral sanctions relating to employment and 
        occupational licensing; 
           (2) collateral sanctions relating to driving and motor 
        vehicles; 
           (3) collateral sanctions relating to public safety; 
           (4) collateral sanctions relating to eligibility for 
        services and benefits; 
           (5) collateral sanctions relating to property rights; 
           (6) collateral sanctions relating to civil rights and 
        remedies; and 
           (7) collateral sanctions relating to recreational 
        activities. 
           If possible, the revisor shall locate the new chapter in 
        proximity to Minnesota Statutes, chapter 609, the Minnesota 
        Criminal Code. 
           Subd. 3.  [CAUTIONARY LANGUAGE.] The revisor shall include 
        appropriate cautionary language at the beginning of the new 
        chapter that notifies users of the following types of issues: 
           (1) that the list of collateral sanctions laws contained in 
        the chapter is intended to be comprehensive but is not 
        necessarily complete; 
           (2) that the inclusion or exclusion of a collateral 
        sanction in the chapter is not intended to have any substantive 
        legal effect; 
           (3) that the cross-references used in the chapter are 
        intended solely to indicate the contents of the cross-referenced 
        section or subdivision and are not part of the cross-referenced 
        statute; 
           (4) that the cross-references are not substantive and may 
        not be used to construe or limit the meaning of any statutory 
        language; and 
           (5) that users must consult the language of each 
        cross-referenced law to fully understand the scope and effect of 
        the collateral sanction it imposes. 
           Subd. 4.  [CONSULTATION WITH LEGISLATORS AND LEGISLATIVE 
        STAFF.] The revisor shall consult with legislative staff and the 
        chairs and ranking minority members of the senate and house 
        committees having jurisdiction over criminal justice matters to 
        identify laws that impose collateral sanctions and develop the 
        appropriate categories and cross-references to use in the new 
        chapter. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 19.  [REPORT OF COLLATERAL SANCTIONS LAWS.] 
           Each state or local governmental agency having 
        responsibility to impose a collateral sanction shall prepare a 
        list that identifies all of the collateral sanctions within the 
        authority's statutory jurisdiction.  The agency shall submit the 
        list to the Office of the Revisor of Statutes no later than 
        September 1, 2005.  State and local agencies covered by this 
        section include, but are not limited to, state agencies, the 
        judiciary, the state Public Defender's Office, the Attorney 
        General's Office, and county attorneys. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 20.  [RAMSEY COUNTY COURT COMMISSIONER.] 
           The chief justice of the Supreme Court may assign a retired 
        court commissioner to act in Ramsey County as a commissioner of 
        the district court.  The commissioner may perform duties 
        assigned by the chief judge of the judicial district with the 
        powers provided by Minnesota Statutes, section 489.02.  This 
        section expires December 31, 2025. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 21.  [REPEALER.] 
           Minnesota Statutes 2004, sections 386.30 and 624.04, are 
        repealed. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 

                                   ARTICLE 15 
                                CHILD PROTECTION 
           Section 1.  Minnesota Statutes 2004, section 259.24, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [EXCEPTIONS.] No child shall be adopted 
        without the consent of the child's parents and the child's 
        guardian, if there be one, except in the following instances: 
           (a) Consent shall not be required of a parent not entitled 
        to notice of the proceedings.  
           (b) Consent shall not be required of a parent who has 
        abandoned the child, or of a parent who has lost custody of the 
        child through a divorce decree or a decree of dissolution, and 
        upon whom notice has been served as required by section 259.49. 
           (c) Consent shall not be required of a parent whose 
        parental rights to the child have been terminated by a juvenile 
        court or who has lost custody of a child through a final 
        commitment of the juvenile court or through a decree in a prior 
        adoption proceeding. 
           (d) If there be no parent or guardian qualified to consent 
        to the adoption, the consent may shall be given by the 
        commissioner.  After the court accepts a parent's consent to the 
        adoption under section 260C.201, subdivision 11, consent by the 
        commissioner or commissioner's delegate is also necessary.  
        Agreement to the identified prospective adoptive parent by the 
        responsible social services agency under section 260C.201, 
        subdivision 11, does not constitute the required consent. 
           (e) The commissioner or agency having authority to place a 
        child for adoption pursuant to section 259.25, subdivision 1, 
        shall have the exclusive right to consent to the adoption of 
        such child.  The commissioner or agency shall make every effort 
        to place siblings together for adoption.  Notwithstanding any 
        rule to the contrary, the commissioner may delegate the right to 
        consent to the adoption or separation of siblings, if it is in 
        the child's best interest, to a local social services agency.  
           Sec. 2.  Minnesota Statutes 2004, section 259.24, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [TIME OF CONSENT; NOTICE OF INTENT TO CONSENT TO 
        ADOPTION.] (a) Not sooner than 72 hours after the birth of a 
        child and not later than 60 days after the child's placement in 
        a prospective adoptive home, a person whose consent is required 
        under this section shall execute a consent. 
           (b) Unless all birth parents from whom consent is required 
        under this section are involved in making the adoptive placement 
        and intend to consent to the adoption, a birth parent who 
        intends to execute a consent to an adoption must give notice to 
        the child's other birth parent of the intent to consent to the 
        adoption prior to or within 72 hours following the placement of 
        the child, if the other birth parent's consent to the adoption 
        is required under subdivision 1.  The birth parent who receives 
        notice shall have 60 days after the placement of the child to 
        either consent or refuse to consent to the adoption.  If the 
        birth parent who receives notice fails to take either of these 
        actions, that parent shall be deemed to have irrevocably 
        consented to the child's adoption.  The notice provisions of 
        chapter 260C and the rules of juvenile protection procedure 
        shall apply to both parents when the consent to adopt is 
        executed under section 260C.201, subdivision 11. 
           (c) When notice is required under this subdivision, it 
        shall be provided to the other birth parent according to the 
        Rules of Civil Procedure for service of a summons and complaint. 
           Sec. 3.  Minnesota Statutes 2004, section 259.24, 
        subdivision 5, is amended to read: 
           Subd. 5.  [EXECUTION.] All consents to an adoption shall be 
        in writing, executed before two competent witnesses, and 
        acknowledged by the consenting party.  In addition, all consents 
        to an adoption, except those by the commissioner, the 
        commissioner's agent, a licensed child-placing agency, an adult 
        adoptee, or the child's parent in a petition for adoption by a 
        stepparent, shall be executed before a representative of the 
        commissioner, the commissioner's agent, or a licensed 
        child-placing agency.  All consents by a parent: 
           (1) shall contain notice to the parent of the substance of 
        subdivision 6a, providing for the right to withdraw 
        consent unless the parent will not have the right to withdraw 
        consent because consent was executed under section 260C.201, 
        subdivision 11, following proper notice that consent given under 
        that provision is irrevocable upon acceptance by the court as 
        provided in subdivision 6a; and 
           (2) shall contain the following written notice in all 
        capital letters at least one-eighth inch high: 
           "This agency will submit your consent to adoption to the 
        court.  The consent itself does not terminate your parental 
        rights.  Parental rights to a child may be terminated only by an 
        adoption decree or by a court order terminating parental 
        rights.  Unless the child is adopted or your parental rights are 
        terminated, you may be asked to support the child."  
           Consents shall be filed in the adoption proceedings at any 
        time before the matter is heard provided, however, that a 
        consent executed and acknowledged outside of this state, either 
        in accordance with the law of this state or in accordance with 
        the law of the place where executed, is valid. 
           Sec. 4.  Minnesota Statutes 2004, section 259.24, 
        subdivision 6a, is amended to read: 
           Subd. 6a.  [WITHDRAWAL OF CONSENT.] Except for consents 
        executed under section 260C.201, subdivision 11, a parent's 
        consent to adoption may be withdrawn for any reason within ten 
        working days after the consent is executed and acknowledged.  
        Written notification of withdrawal of consent must be received 
        by the agency to which the child was surrendered no later than 
        the tenth working day after the consent is executed and 
        acknowledged.  On the day following the tenth working day after 
        execution and acknowledgment, the consent shall become 
        irrevocable, except upon order of a court of competent 
        jurisdiction after written findings that consent was obtained by 
        fraud.  A consent to adopt executed under section 260C.201, 
        subdivision 11, is irrevocable upon proper notice to both 
        parents of the effect of a consent to adopt and acceptance by 
        the court, except upon order of the same court after written 
        findings that the consent was obtained by fraud.  In proceedings 
        to determine the existence of fraud, the adoptive parents and 
        the child shall be made parties.  The proceedings shall be 
        conducted to preserve the confidentiality of the adoption 
        process.  There shall be no presumption in the proceedings 
        favoring the birth parents over the adoptive parents. 
           Sec. 5.  Minnesota Statutes 2004, section 260C.201, 
        subdivision 11, is amended to read: 
           Subd. 11.  [REVIEW OF COURT-ORDERED PLACEMENTS; PERMANENT 
        PLACEMENT DETERMINATION.] (a) This subdivision and subdivision 
        11a do not apply in cases where the child is in placement due 
        solely to the child's developmental disability or emotional 
        disturbance, where legal custody has not been transferred to the 
        responsible social services agency, and where the court finds 
        compelling reasons under section 260C.007, subdivision 8, to 
        continue the child in foster care past the time periods 
        specified in this subdivision.  Foster care placements of 
        children due solely to their disability are governed by section 
        260C.141, subdivision 2b.  In all other cases where the child is 
        in foster care or in the care of a noncustodial parent under 
        subdivision 1, the court shall conduct a hearing to determine 
        the permanent status of a child not later than 12 months after 
        the child is placed in foster care or in the care of a 
        noncustodial parent. 
           For purposes of this subdivision, the date of the child's 
        placement in foster care is the earlier of the first 
        court-ordered placement or 60 days after the date on which the 
        child has been voluntarily placed in foster care by the child's 
        parent or guardian.  For purposes of this subdivision, time 
        spent by a child under the protective supervision of the 
        responsible social services agency in the home of a noncustodial 
        parent pursuant to an order under subdivision 1 counts towards 
        the requirement of a permanency hearing under this subdivision 
        or subdivision 11a. 
           For purposes of this subdivision, 12 months is calculated 
        as follows: 
           (1) during the pendency of a petition alleging that a child 
        is in need of protection or services, all time periods when a 
        child is placed in foster care or in the home of a noncustodial 
        parent are cumulated; 
           (2) if a child has been placed in foster care within the 
        previous five years under one or more previous petitions, the 
        lengths of all prior time periods when the child was placed in 
        foster care within the previous five years are cumulated.  If a 
        child under this clause has been in foster care for 12 months or 
        more, the court, if it is in the best interests of the child and 
        for compelling reasons, may extend the total time the child may 
        continue out of the home under the current petition up to an 
        additional six months before making a permanency determination.  
           (b) Unless the responsible social services agency 
        recommends return of the child to the custodial parent or 
        parents, not later than 30 days prior to this hearing, the 
        responsible social services agency shall file pleadings in 
        juvenile court to establish the basis for the juvenile court to 
        order permanent placement of the child according to paragraph 
        (d).  Notice of the hearing and copies of the pleadings must be 
        provided pursuant to section 260C.152.  If a termination of 
        parental rights petition is filed before the date required for 
        the permanency planning determination and there is a trial under 
        section 260C.163 scheduled on that petition within 90 days of 
        the filing of the petition, no hearing need be conducted under 
        this subdivision.  
           (c) At the conclusion of the hearing, the court shall order 
        the child returned to the care of the parent or guardian from 
        whom the child was removed or order a permanent placement in the 
        child's best interests.  The "best interests of the child" means 
        all relevant factors to be considered and evaluated.  Transfer 
        of permanent legal and physical custody, termination of parental 
        rights, or guardianship and legal custody to the commissioner 
        through a consent to adopt are preferred permanency options for 
        a child who cannot return home. 
           (d) If the child is not returned to the home, the court 
        must order one of the following dispositions: 
           (1) permanent legal and physical custody to a relative in 
        the best interests of the child according to the following 
        conditions: 
           (i) an order for transfer of permanent legal and physical 
        custody to a relative shall only be made after the court has 
        reviewed the suitability of the prospective legal and physical 
        custodian; 
           (ii) in transferring permanent legal and physical custody 
        to a relative, the juvenile court shall follow the standards 
        applicable under this chapter and chapter 260, and the 
        procedures set out in the juvenile court rules; 
           (iii) an order establishing permanent legal and physical 
        custody under this subdivision must be filed with the family 
        court; 
           (iv) a transfer of legal and physical custody includes 
        responsibility for the protection, education, care, and control 
        of the child and decision making on behalf of the child; 
           (v) the social services agency may bring a petition or 
        motion naming a fit and willing relative as a proposed permanent 
        legal and physical custodian.  The commissioner of human 
        services shall annually prepare for counties information that 
        must be given to proposed custodians about their legal rights 
        and obligations as custodians together with information on 
        financial and medical benefits for which the child is eligible; 
        and 
           (vi) the juvenile court may maintain jurisdiction over the 
        responsible social services agency, the parents or guardian of 
        the child, the child, and the permanent legal and physical 
        custodian for purposes of ensuring appropriate services are 
        delivered to the child and permanent legal custodian or for the 
        purpose of ensuring conditions ordered by the court related to 
        the care and custody of the child are met; 
           (2) termination of parental rights according to the 
        following conditions: 
           (i) unless the social services agency has already filed a 
        petition for termination of parental rights under section 
        260C.307, the court may order such a petition filed and all the 
        requirements of sections 260C.301 to 260C.328 remain applicable; 
        and 
           (ii) an adoption completed subsequent to a determination 
        under this subdivision may include an agreement for 
        communication or contact under section 259.58; 
           (3) long-term foster care according to the following 
        conditions: 
           (i) the court may order a child into long-term foster care 
        only if it finds compelling reasons that neither an award of 
        permanent legal and physical custody to a relative, nor 
        termination of parental rights is in the child's best interests; 
        and 
           (ii) further, the court may only order long-term foster 
        care for the child under this section if it finds the following: 
           (A) the child has reached age 12 and reasonable efforts by 
        the responsible social services agency have failed to locate an 
        adoptive family for the child; or 
           (B) the child is a sibling of a child described in subitem 
        (A) and the siblings have a significant positive relationship 
        and are ordered into the same long-term foster care home; 
           (4) foster care for a specified period of time according to 
        the following conditions: 
           (i) foster care for a specified period of time may be 
        ordered only if: 
           (A) the sole basis for an adjudication that the child is in 
        need of protection or services is the child's behavior; 
           (B) the court finds that foster care for a specified period 
        of time is in the best interests of the child; and 
           (C) the court finds compelling reasons that neither an 
        award of permanent legal and physical custody to a relative, nor 
        termination of parental rights is in the child's best interests; 
           (ii) the order does not specify that the child continue in 
        foster care for any period exceeding one year; or 
           (5) guardianship and legal custody to the commissioner of 
        human services under the following procedures and conditions: 
           (i) there is an identified prospective adoptive home that 
        has agreed to adopt the child and agreed to by the responsible 
        social services agency having legal custody of the child 
        pursuant to court order under this section and the court accepts 
        the parent's voluntary consent to adopt under section 259.24; 
           (ii) if the court accepts a consent to adopt in lieu of 
        ordering one of the other enumerated permanency dispositions, 
        the court must review the matter at least every 90 days.  The 
        review will address the reasonable efforts of the agency to 
        achieve a finalized adoption; 
           (iii) a consent to adopt under this clause vests all legal 
        authority regarding the child, including guardianship and legal 
        custody of the child, with the commissioner of human services as 
        if the child were a state ward after termination of parental 
        rights; 
           (iv) the court must forward a copy of the consent to adopt, 
        together with a certified copy of the order transferring 
        guardianship and legal custody to the commissioner, to the 
        commissioner; and 
           (v) if an adoption is not finalized by the identified 
        prospective adoptive parent within 12 months of the execution of 
        the consent to adopt under this clause, the commissioner of 
        human services or the commissioner's delegate shall pursue 
        adoptive placement in another home unless the commissioner 
        certifies that the failure to finalize is not due to either an 
        action or a failure to act by the prospective adoptive parent; 
        and 
           (vi) notwithstanding item (v), the commissioner of human 
        services or the commissioner's designee must pursue adoptive 
        placement in another home as soon as the commissioner or 
        commissioner's designee determines that finalization of the 
        adoption with the identified prospective adoptive parent is not 
        possible, that the identified prospective adoptive parent is not 
        willing to adopt the child, that the identified prospective 
        adoptive parent is not cooperative in completing the steps 
        necessary to finalize the adoption, or upon the commissioner's 
        determination to withhold consent to the adoption. 
           (e) In ordering a permanent placement of a child, the court 
        must be governed by the best interests of the child, including a 
        review of the relationship between the child and relatives and 
        the child and other important persons with whom the child has 
        resided or had significant contact. 
           (f) Once a permanent placement determination has been made 
        and permanent placement has been established, further court 
        reviews are necessary if: 
           (1) the placement is long-term foster care or foster care 
        for a specified period of time; 
           (2) the court orders further hearings because it has 
        retained jurisdiction of a transfer of permanent legal and 
        physical custody matter; 
           (3) an adoption has not yet been finalized; or 
           (4) there is a disruption of the permanent or long-term 
        placement.  
           (g) Court reviews of an order for long-term foster care, 
        whether under this section or section 260C.317, subdivision 3, 
        paragraph (d), or foster care for a specified period of time 
        must be conducted at least yearly and must review the child's 
        out-of-home placement plan and the reasonable efforts of the 
        agency to: 
           (1) identify a specific long-term foster home for the child 
        or a specific foster home for the time the child is specified to 
        be out of the care of the parent, if one has not already been 
        identified; 
           (2) support continued placement of the child in the 
        identified home, if one has been identified; 
           (3) ensure appropriate services are provided to the child 
        during the period of long-term foster care or foster care for a 
        specified period of time; 
           (4) plan for the child's independence upon the child's 
        leaving long-term foster care living as required under section 
        260C.212, subdivision 1; and 
           (5) where placement is for a specified period of time, a 
        plan for the safe return of the child to the care of the parent. 
           (h) An order under this subdivision must include the 
        following detailed findings: 
           (1) how the child's best interests are served by the order; 
           (2) the nature and extent of the responsible social service 
        agency's reasonable efforts, or, in the case of an Indian child, 
        active efforts to reunify the child with the parent or parents; 
           (3) the parent's or parents' efforts and ability to use 
        services to correct the conditions which led to the out-of-home 
        placement; and 
           (4) whether the conditions which led to the out-of-home 
        placement have been corrected so that the child can return home. 
           (i) An order for permanent legal and physical custody of a 
        child may be modified under sections 518.18 and 518.185.  The 
        social services agency is a party to the proceeding and must 
        receive notice.  A parent may only seek modification of an order 
        for long-term foster care upon motion and a showing by the 
        parent of a substantial change in the parent's circumstances 
        such that the parent could provide appropriate care for the 
        child and that removal of the child from the child's permanent 
        placement and the return to the parent's care would be in the 
        best interest of the child. 
           (j) The court shall issue an order required under this 
        section within 15 days of the close of the proceedings.  The 
        court may extend issuing the order an additional 15 days when 
        necessary in the interests of justice and the best interests of 
        the child. 
           Sec. 6.  [260C.209] [BACKGROUND CHECKS.] 
           Subdivision 1.  [SUBJECTS.] The responsible social services 
        agency must conduct a background check under this section of the 
        following: 
           (1) a noncustodial parent or nonadjudicated parent who is 
        being assessed for purposes of providing day-to-day care of a 
        child temporarily or permanently under section 260C.212, 
        subdivision 4, and any member of the parent's household who is 
        over the age of 13 when there is a reasonable cause to believe 
        that the parent or household member over age 13 has a criminal 
        history or a history of maltreatment of a child or vulnerable 
        adult which would endanger the child's health, safety, or 
        welfare; 
           (2) an individual whose suitability for relative placement 
        under section 260C.212, subdivision 5, is being determined, and 
        any member of the relative's household who is over the age of 13 
        when:  (i) the relative must be licensed for foster care; or (ii)
        the agency must conduct a background study under section 259.53, 
        subdivision 2; or (iii) the agency has reasonable cause to 
        believe the relative or household member over the age of 13 has 
        a criminal history which would not make transfer of permanent 
        legal and physical custody to the relative under section 
        260C.201, subdivision 11, in the child's best interest; and 
           (3) a parent, following an out-of-home placement, when the 
        responsible social service agency has reasonable cause to 
        believe that the parent has been convicted of a crime directly 
        related to the parent's capacity to maintain the child's health, 
        safety, or welfare; or the parent is the subject of an open 
        investigation of, or has been the subject of a substantiated 
        allegation of, child or vulnerable-adult maltreatment within the 
        past ten years. 
        "Reasonable cause" means that the agency has received 
        information or a report from the subject or a third person that 
        creates an articulable suspicion that the individual has a 
        history that may pose a risk to the health, safety, or welfare 
        of the child.  The information or report must be specific to the 
        potential subject of the background check and shall not be based 
        on the race, religion, ethnic background, age, class, or 
        lifestyle of the potential subject.  
           Subd. 2.  [GENERAL PROCEDURES.] (a) When conducting a 
        background check under subdivision 1, the agency may require the 
        individual being assessed to provide sufficient information to 
        ensure an accurate assessment under this section, including: 
           (1) the individual's first, middle, and last name and all 
        other names by which the individual has been known; 
           (2) home address, zip code, city, county, and state of 
        residence for the past ten years; 
           (3) sex; 
           (4) date of birth; and 
           (5) driver's license number or state identification number. 
           (b) When notified by the responsible social services agency 
        that it is conducting an assessment under this section, the 
        Bureau of Criminal Apprehension, commissioners of health and 
        human services, law enforcement, and county agencies must 
        provide the responsible social services agency or county 
        attorney with the following information on the individual being 
        assessed:  criminal history data, reports about the maltreatment 
        of adults substantiated under section 626.557, and reports of 
        maltreatment of minors substantiated under section 626.556. 
           Subd. 3.  [MULTISTATE INFORMATION.] (a) For any assessment 
        completed under this section, if the responsible social services 
        agency has reasonable cause to believe that the individual is a 
        multistate offender, the individual must provide the responsible 
        social services agency or the county attorney with a set of 
        classifiable fingerprints obtained from an authorized law 
        enforcement agency.  The responsible social services agency or 
        county attorney may obtain criminal history data from the 
        National Criminal Records Repository by submitting the 
        fingerprints to the Bureau of Criminal Apprehension.  
           (b) For purposes of this subdivision, the responsible 
        social services agency has reasonable cause when, but not 
        limited to: 
           (1) information from the Bureau of Criminal Apprehension 
        indicates that the individual is a multistate offender; 
           (2) information from the Bureau of Criminal Apprehension 
        indicates that multistate offender status is undetermined; 
           (3) the social services agency has received a report from 
        the individual or a third party indicating that the individual 
        has a criminal history in a jurisdiction other than Minnesota; 
        or 
           (4) the individual is or has been a resident of a state 
        other than Minnesota at any time during the prior ten years.  
           Subd. 4.  [NOTICE UPON RECEIPT.] The responsible social 
        services agency must provide the subject of the background study 
        with the results of the study under this section within 15 
        business days of receipt or at least 15 days prior to the 
        hearing at which the results will be presented, whichever comes 
        first.  The subject may provide written information to the 
        agency that the results are incorrect and may provide additional 
        or clarifying information to the agency and to the court through 
        a party to the proceeding.  This provision does not apply to any 
        background study conducted under chapters 245A and 245C. 
           Sec. 7.  Minnesota Statutes 2004, section 260C.212, 
        subdivision 4, is amended to read: 
           Subd. 4.  [RESPONSIBLE SOCIAL SERVICE AGENCY'S DUTIES FOR 
        CHILDREN IN PLACEMENT.] (a) When a child is in placement, the 
        responsible social services agency shall make diligent efforts 
        to identify, locate, and, where appropriate, offer services to 
        both parents of the child. 
           (1) If The responsible social services agency shall assess 
        whether a noncustodial or nonadjudicated parent is willing and 
        capable of providing for the day-to-day care of the child 
        temporarily or permanently.  An assessment under this clause may 
        include, but is not limited to, obtaining information under 
        section 260C.209.  If after assessment, the responsible social 
        services agency determines that a noncustodial or nonadjudicated 
        parent is willing and capable of providing day-to-day care of 
        the child, the responsible social services agency may seek 
        authority from the custodial parent or the court to have that 
        parent assume day-to-day care of the child.  If a parent is not 
        an adjudicated parent, the responsible social services agency 
        shall require the nonadjudicated parent to cooperate with 
        paternity establishment procedures as part of the case plan.  
           (2) If, after assessment, the responsible social services 
        agency determines that the child cannot be in the day-to-day 
        care of either parent, the agency shall: 
           (i) prepare an out-of-home placement plan addressing the 
        conditions that each parent must meet before the child can be in 
        that parent's day-to-day care; and 
           (ii) provide a parent who is the subject of a background 
        study under section 260C.209 15 days' notice that it intends to 
        use the study to recommend against putting the child with that 
        parent, as well as the notice provided in section 260C.209, 
        subdivision 4, and the court shall afford the parent an 
        opportunity to be heard concerning the study. 
           The results of a background study of a noncustodial parent 
        shall not be used by the agency to determine that the parent is 
        incapable of providing day-to-day care of the child unless the 
        agency reasonably believes that placement of the child into the 
        home of that parent would endanger the child's health, safety, 
        or welfare. 
           (3) If, after the provision of services following an 
        out-of-home placement plan under this section, the child cannot 
        return to the care of the parent from whom the child was removed 
        or who had legal custody at the time the child was placed in 
        foster care, the agency may petition on behalf of a noncustodial 
        parent to establish legal custody with that parent under section 
        260C.201, subdivision 11.  If paternity has not already been 
        established, it may be established in the same proceeding in the 
        manner provided for under chapter 257. 
           (4) The responsible social services agency may be relieved 
        of the requirement to locate and offer services to both parents 
        by the juvenile court upon a finding of good cause after the 
        filing of a petition under section 260C.141. 
           (b) The responsible social services agency shall give 
        notice to the parent or parents or guardian of each child in a 
        residential facility, other than a child in placement due solely 
        to that child's developmental disability or emotional 
        disturbance, of the following information: 
           (1) that residential care of the child may result in 
        termination of parental rights or an order permanently placing 
        the child out of the custody of the parent, but only after 
        notice and a hearing as required under chapter 260C and the 
        juvenile court rules; 
           (2) time limits on the length of placement and of 
        reunification services, including the date on which the child is 
        expected to be returned to and safely maintained in the home of 
        the parent or parents or placed for adoption or otherwise 
        permanently removed from the care of the parent by court order; 
           (3) the nature of the services available to the parent; 
           (4) the consequences to the parent and the child if the 
        parent fails or is unable to use services to correct the 
        circumstances that led to the child's placement; 
           (5) the first consideration for placement with relatives; 
           (6) the benefit to the child in getting the child out of 
        residential care as soon as possible, preferably by returning 
        the child home, but if that is not possible, through a permanent 
        legal placement of the child away from the parent; 
           (7) when safe for the child, the benefits to the child and 
        the parent of maintaining visitation with the child as soon as 
        possible in the course of the case and, in any event, according 
        to the visitation plan under this section; and 
           (8) the financial responsibilities and obligations, if any, 
        of the parent or parents for the support of the child during the 
        period the child is in the residential facility. 
           (c) The responsible social services agency shall inform a 
        parent considering voluntary placement of a child who is not 
        developmentally disabled or emotionally disturbed of the 
        following information: 
           (1) the parent and the child each has a right to separate 
        legal counsel before signing a voluntary placement agreement, 
        but not to counsel appointed at public expense; 
           (2) the parent is not required to agree to the voluntary 
        placement, and a parent who enters a voluntary placement 
        agreement may at any time request that the agency return the 
        child.  If the parent so requests, the child must be returned 
        within 24 hours of the receipt of the request; 
           (3) evidence gathered during the time the child is 
        voluntarily placed may be used at a later time as the basis for 
        a petition alleging that the child is in need of protection or 
        services or as the basis for a petition seeking termination of 
        parental rights or other permanent placement of the child away 
        from the parent; 
           (4) if the responsible social services agency files a 
        petition alleging that the child is in need of protection or 
        services or a petition seeking the termination of parental 
        rights or other permanent placement of the child away from the 
        parent, the parent would have the right to appointment of 
        separate legal counsel and the child would have a right to the 
        appointment of counsel and a guardian ad litem as provided by 
        law, and that counsel will be appointed at public expense if 
        they are unable to afford counsel; and 
           (5) the timelines and procedures for review of voluntary 
        placements under subdivision 3, and the effect the time spent in 
        voluntary placement on the scheduling of a permanent placement 
        determination hearing under section 260C.201, subdivision 11.  
           (d) When an agency accepts a child for placement, the 
        agency shall determine whether the child has had a physical 
        examination by or under the direction of a licensed physician 
        within the 12 months immediately preceding the date when the 
        child came into the agency's care.  If there is documentation 
        that the child has had an examination within the last 12 months, 
        the agency is responsible for seeing that the child has another 
        physical examination within one year of the documented 
        examination and annually in subsequent years.  If the agency 
        determines that the child has not had a physical examination 
        within the 12 months immediately preceding placement, the agency 
        shall ensure that the child has an examination within 30 days of 
        coming into the agency's care and once a year in subsequent 
        years. 

                                   ARTICLE 16 
                           CRIMINAL SENTENCING POLICY
           Section 1.  Minnesota Statutes 2004, section 244.09, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PROMULGATION OF SENTENCING GUIDELINES.] The 
        commission shall promulgate Sentencing Guidelines for the 
        district court.  The guidelines shall be based on reasonable 
        offense and offender characteristics.  The guidelines 
        promulgated by the commission shall be advisory to the district 
        court and shall establish: 
           (1) The circumstances under which imprisonment of an 
        offender is proper; and 
           (2) A presumptive, fixed sentence for offenders for whom 
        imprisonment is proper, based on each appropriate combination of 
        reasonable offense and offender characteristics.  The guidelines 
        may shall provide for an increase or of 20 percent and a 
        decrease of up to 15 percent in the presumptive, fixed sentence. 
           The Sentencing Guidelines promulgated by the commission may 
        also establish appropriate sanctions for offenders for whom 
        imprisonment is not proper.  Any guidelines promulgated by the 
        commission establishing sanctions for offenders for whom 
        imprisonment is not proper shall make specific reference to 
        noninstitutional sanctions, including but not limited to the 
        following:  payment of fines, day fines, restitution, community 
        work orders, work release programs in local facilities, 
        community based residential and nonresidential programs, 
        incarceration in a local correctional facility, and probation 
        and the conditions thereof. 
           Although the Sentencing Guidelines are advisory to the 
        district court, the court shall follow the procedures of the 
        guidelines when it pronounces sentence in a proceeding to which 
        the guidelines apply by operation of statute.  Sentencing 
        pursuant to the Sentencing Guidelines is not a right that 
        accrues to a person convicted of a felony; it is a procedure 
        based on state public policy to maintain uniformity, 
        proportionality, rationality, and predictability in sentencing. 
           In establishing and modifying the Sentencing Guidelines, 
        the primary consideration of the commission shall be public 
        safety.  The commission shall also consider current sentencing 
        and release practices; correctional resources, including but not 
        limited to the capacities of local and state correctional 
        facilities; and the long-term negative impact of the crime on 
        the community. 
           The provisions of sections 14.001 to 14.69 do not apply to 
        the promulgation of the Sentencing Guidelines, and the 
        Sentencing Guidelines, including severity levels and criminal 
        history scores, are not subject to review by the legislative 
        commission to review administrative rules.  However, the 
        commission shall adopt rules pursuant to sections 14.001 to 
        14.69 which establish procedures for the promulgation of the 
        Sentencing Guidelines, including procedures for the promulgation 
        of severity levels and criminal history scores, and these rules 
        shall be subject to review by the legislative coordinating 
        commission. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 2.  Minnesota Statutes 2004, section 244.09, 
        subdivision 11, is amended to read: 
           Subd. 11.  [MODIFICATION.] The commission shall meet as 
        necessary for the purpose of modifying and improving the 
        guidelines.  Any modification which amends the Sentencing 
        Guidelines grid, including severity levels and criminal history 
        scores, or which would result in the reduction of any sentence 
        or in the early release of any inmate, with the exception of a 
        modification mandated or authorized by the legislature or 
        relating to a crime created or amended by the legislature in the 
        preceding session, shall be submitted to the legislature by 
        January 1 15 of any year in which the commission wishes to make 
        the change and shall be effective on August 1 of that year, 
        unless the legislature by law provides otherwise.  All other 
        modifications shall take effect according to the procedural 
        rules of the commission.  On or before January 1 15 of each 
        year, the commission shall submit a written report to the 
        committees of the senate and the house of representatives with 
        jurisdiction over criminal justice policy that identifies and 
        explains all modifications made during the preceding 12 months 
        and all proposed modifications that are being submitted to the 
        legislature that year. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to reports submitted on or after that date.  
           Sec. 3.  Minnesota Statutes 2004, section 244.10, is 
        amended by adding a subdivision to read:  
           Subd. 4.  [AGGRAVATED DEPARTURES.] In bringing a motion for 
        an aggravated sentence, the state is not limited to factors 
        specified in the Sentencing Guidelines provided the state 
        provides reasonable notice to the defendant and the district 
        court prior to sentencing of the factors on which the state 
        intends to rely.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to sentencing hearings, 
        resentencing hearings, and sentencing departures sought on or 
        after that date.  This section expires February 1, 2007. 
           Sec. 4.  Minnesota Statutes 2004, section 244.10, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [PROCEDURES IN CASES WHERE STATE INTENDS TO SEEK 
        AN AGGRAVATED DEPARTURE.] (a) When the prosecutor provides 
        reasonable notice under subdivision 4, the district court shall 
        allow the state to prove beyond a reasonable doubt to a jury of 
        12 members the factors in support of the state's request for an 
        aggravated departure from the Sentencing Guidelines as provided 
        in paragraph (b) or (c). 
           (b) The district court shall allow a unitary trial and 
        final argument to a jury regarding both evidence in support of 
        the elements of the offense and evidence in support of 
        aggravating factors when the evidence in support of the 
        aggravating factors: 
           (1) would be admissible as part of the trial on the 
        elements of the offense; or 
           (2) would not result in unfair prejudice to the defendant. 
           The existence of each aggravating factor shall be 
        determined by use of a special verdict form. 
           Upon the request of the prosecutor, the court shall allow 
        bifurcated argument and jury deliberations. 
           (c) The district court shall bifurcate the proceedings to 
        allow for the production of evidence, argument, and 
        deliberations on the existence of factors in support of an 
        aggravated departure after the return of a guilty verdict when 
        the evidence in support of an aggravated departure: 
           (1) includes evidence that is otherwise inadmissible at a 
        trial on the elements of the offense; and 
           (2) would result in unfair prejudice to the defendant. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to sentencing hearings, 
        resentencing hearings, and sentencing departures sought on or 
        after that date.  This section expires February 1, 2007. 
           Sec. 5.  Minnesota Statutes 2004, section 244.10, is 
        amended by adding a subdivision to read:  
           Subd. 6.  [DEFENDANTS TO PRESENT EVIDENCE AND ARGUMENT.] In 
        either a unitary or bifurcated trial under subdivision 5, a 
        defendant shall be allowed to present evidence and argument to 
        the jury or factfinder regarding whether facts exist that would 
        justify an aggravated durational departure.  A defendant is not 
        allowed to present evidence or argument to the jury or 
        factfinder regarding facts in support of a mitigated departure 
        during the trial, but may present evidence and argument in 
        support of a mitigated departure to the judge as factfinder 
        during a sentencing hearing. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to sentencing hearings, 
        resentencing hearings, and sentencing departures sought on or 
        after that date.  This section expires February 1, 2007. 
           Sec. 6.  Minnesota Statutes 2004, section 244.10, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [WAIVER OF JURY DETERMINATION.] The defendant may 
        waive the right to a jury determination of whether facts exist 
        that would justify an aggravated sentence.  Upon receipt of a 
        waiver of a jury trial on this issue, the district court shall 
        determine beyond a reasonable doubt whether the factors in 
        support of the state's motion for aggravated departure exist. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to sentencing hearings, 
        resentencing hearings, and sentencing departures sought on or 
        after that date.  This section expires February 1, 2007. 
           Sec. 7.  Minnesota Statutes 2004, section 244.10, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [NOTICE OF INFORMATION REGARDING PREDATORY 
        OFFENDERS.] (a) Subject to paragraph (b), in any case in which a 
        person is convicted of an offense and the presumptive sentence 
        under the Sentencing Guidelines is commitment to the custody of 
        the commissioner of corrections, if the court grants a 
        dispositional departure and stays imposition or execution of 
        sentence, the probation or court services officer who is 
        assigned to supervise the offender shall provide in writing to 
        the following the fact that the offender is on probation and the 
        terms and conditions of probation: 
           (1) a victim of and any witnesses to the offense committed 
        by the offender, if the victim or the witness has requested 
        notice; and 
           (2) the chief law enforcement officer in the area where the 
        offender resides or intends to reside. 
           The law enforcement officer, in consultation with the 
        offender's probation officer, may provide all or part of this 
        information to any of the following agencies or groups the 
        offender is likely to encounter:  public and private educational 
        institutions, day care establishments, and establishments or 
        organizations that primarily serve individuals likely to be 
        victimized by the offender. 
           The probation officer is not required under this 
        subdivision to provide any notice while the offender is placed 
        or resides in a residential facility that is licensed under 
        section 241.021 or 245A.02, subdivision 14, if the facility 
        staff is trained in the supervision of sex offenders. 
           (b) Paragraph (a) applies only to offenders required to 
        register under section 243.166, as a result of the conviction. 
           (c) The notice authorized by paragraph (a) shall be limited 
        to data classified as public under section 13.84, subdivision 6, 
        unless the offender provides informed consent to authorize the 
        release of nonpublic data or unless a court order authorizes the 
        release of nonpublic data. 
           (d) Nothing in this subdivision shall be interpreted to 
        impose a duty on any person to use any information regarding an 
        offender about whom notification is made under this subdivision. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 8.  Minnesota Statutes 2004, section 244.10, is 
        amended by adding a subdivision to read:  
           Subd. 9.  [COMPUTATION OF CRIMINAL HISTORY SCORE.] If the 
        defendant contests the existence of or factual basis for a prior 
        conviction in the calculation of the defendant's criminal 
        history score, proof of it is established by competent and 
        reliable evidence, including a certified court record of the 
        conviction. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 9.  Minnesota Statutes 2004, section 609.109, 
        subdivision 4, is amended to read: 
           Subd. 4.  [MANDATORY 30-YEAR SENTENCE.] (a) The court shall 
        commit a person to the commissioner of corrections for not less 
        than 30 years, notwithstanding the statutory maximum sentence 
        under section 609.343, if: 
           (1) the person is convicted under section 609.342, 
        subdivision 1, clause (c), (d), (e), or (f); or 609.343, 
        subdivision 1, clause (c), (d), (e), or (f); and 
           (2) the court factfinder determines on the record at the 
        time of sentencing that:  
           (i) the crime involved an aggravating factor that would 
        provide grounds for an upward departure under the Sentencing 
        Guidelines other than the aggravating factor applicable to 
        repeat criminal sexual conduct convictions; and 
           (ii) the person has a previous sex offense conviction under 
        section 609.342, 609.343, or 609.344. 
           (b) Notwithstanding subdivision 2 and sections 609.342, 
        subdivision 3; and 609.343, subdivision 3, the court may not 
        stay imposition or execution of the sentence required by this 
        subdivision. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 10.  Minnesota Statutes 2004, section 609.109, 
        subdivision 6, is amended to read: 
           Subd. 6.  [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court 
        shall sentence a person to at least twice the presumptive 
        sentence recommended by the Sentencing Guidelines if: 
           (1) the person is convicted under section 609.342, 
        subdivision 1, clause (c), (d), (e), or (f); 609.343, 
        subdivision 1, clause (c), (d), (e), or (f); or 609.344, 
        subdivision 1, clause (c) or (d); and 
           (2) the court factfinder determines on the record at the 
        time of sentencing that the crime involved an aggravating factor 
        that would provide grounds for an upward departure under the 
        Sentencing Guidelines. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 11.  Minnesota Statutes 2004, section 609.1095, 
        subdivision 2, is amended to read: 
           Subd. 2.  [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO 
        COMMITS A THIRD VIOLENT CRIME.] Whenever a person is convicted 
        of a violent crime that is a felony, and the judge is imposing 
        an executed sentence based on a Sentencing Guidelines 
        presumptive imprisonment sentence, the judge may impose an 
        aggravated durational departure from the presumptive 
        imprisonment sentence up to the statutory maximum sentence if 
        the offender was at least 18 years old at the time the felony 
        was committed, and: 
           (1) the court determines on the record at the time of 
        sentencing that the offender has two or more prior convictions 
        for violent crimes; and 
           (2) the court finds factfinder determines that the offender 
        is a danger to public safety and specifies on the record the 
        basis for the finding, which may include:.  The factfinder may 
        base its determination that the offender is a danger to public 
        safety on the following factors: 
           (i) the offender's past criminal behavior, such as the 
        offender's high frequency rate of criminal activity or juvenile 
        adjudications, or long involvement in criminal activity 
        including juvenile adjudications; or 
           (ii) the fact that the present offense of conviction 
        involved an aggravating factor that would justify a durational 
        departure under the Sentencing Guidelines. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 12.  Minnesota Statutes 2004, section 609.1095, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INCREASED SENTENCE FOR OFFENDER WHO COMMITS A 
        SIXTH FELONY.] Whenever a person is convicted of a felony, and 
        the judge is imposing an executed sentence based on a Sentencing 
        Guidelines presumptive imprisonment sentence, the judge may 
        impose an aggravated durational departure from the presumptive 
        sentence up to the statutory maximum sentence if the judge finds 
        and specifies on the record factfinder determines that the 
        offender has five or more prior felony convictions and that the 
        present offense is a felony that was committed as part of a 
        pattern of criminal conduct. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 13.  [REVISOR INSTRUCTION.] 
           The revisor of statutes is instructed to include a 
        reference next to the repealer of Minnesota Statutes, section 
        244.10, subdivisions 2a and 3, to inform the reader that the 
        subdivisions have been renumbered and to include the new 
        subdivision numbers. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 14.  [CERTAIN MINNESOTA SENTENCING GUIDELINES 
        COMMISSION RECOMMENDATIONS ADOPTED; OTHERS REJECTED.] 
           The following modifications proposed by the Minnesota 
        Sentencing Guidelines Commission in its January 2005 report to 
        the legislature are adopted and take effect on August 1, 2005:  
           (1) those described as A. and B. in "I.  Modifications 
        Related to Blakely Decision" on pages 11 to 17 of the report; 
        and 
           (2) those described as "II.  Other Adopted Modifications" 
        on page 19 of the report.  
           The following modifications are rejected and do not go into 
        effect: 
           (1) those described as C. in "I. Modifications Related to 
        Blakely Decision" on pages 17 and 18 of the report; and 
           (2) those described as "III.  Adopted Modifications Related 
        to Sex Offenses" on pages 20 to 42 of the report.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 15.  [INSTRUCTION TO SENTENCING GUIDELINES 
        COMMISSION.] 
           The Sentencing Guidelines Commission shall make changes to 
        the sentencing range within individual cells in the sentencing 
        grid consistent with the changes made in section 1. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 16.  [REPEALER.] 
           Minnesota Statutes 2004, section 244.10, subdivisions 2a 
        and 3, are repealed. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 

                                   ARTICLE 17 
                          GENERAL CRIMINAL PROVISIONS
           Section 1.  Minnesota Statutes 2004, section 152.02, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SCHEDULE III.] The following items are listed in 
        Schedule III:  
           (1) Any material, compound, mixture, or preparation which 
        contains any quantity of Amphetamine, its salts, optical 
        isomers, and salts of its optical isomers; Phenmetrazine and its 
        salts; Methamphetamine, its salts, isomers, and salts of 
        isomers; Methylphenidate; and which is required by federal law 
        to be labeled with the symbol prescribed by 21 Code of Federal 
        Regulations Section 1302.03 and in effect on February 1, 1976 
        designating that the drug is listed as a Schedule III controlled 
        substance under federal law.  
           (2) Any material, compound, mixture, or preparation which 
        contains any quantity of the following substances having a 
        potential for abuse associated with a depressant effect on the 
        central nervous system:  
           (a) Any compound, mixture, or preparation containing 
        amobarbital, secobarbital, pentobarbital or any salt thereof and 
        one or more other active medicinal ingredients which are not 
        listed in any schedule.  
           (b) Any suppository dosage form containing amobarbital, 
        secobarbital, pentobarbital, or any salt of any of these drugs 
        and approved by the food and drug administration for marketing 
        only as a suppository.  
           (c) Any substance which contains any quantity of a 
        derivative of barbituric acid, or any salt of a derivative of 
        barbituric acid, except those substances which are specifically 
        listed in other schedules:  Chlorhexadol; Glutethimide; Lysergic 
        acid; Lysergic acid amide; Methyprylon; Sulfondiethylmethane; 
        Sulfonethylmethane; Sulfonmethane. 
           (d) Gamma hydroxybutyrate, any salt, compound, derivative, 
        or preparation of gamma hydroxybutyrate, including any isomers, 
        esters, and ethers and salts of isomers, esters, and ethers of 
        gamma hydroxybutyrate whenever the existence of such isomers, 
        esters, and salts is possible within the specific chemical 
        designation.  
           (3) Any material, compound, mixture, or preparation which 
        contains any quantity of the following substances having a 
        potential for abuse associated with a stimulant effect on the 
        central nervous system:  
           (a) Benzphetamine 
           (b) Chlorphentermine 
           (c) Clortermine 
           (d) Mazindol 
           (e) Phendimetrazine.  
           (4) Nalorphine.  
           (5) Any material, compound, mixture, or preparation 
        containing limited quantities of any of the following narcotic 
        drugs, or any salts thereof:  
           (a) Not more than 1.80 grams of codeine per 100 
        milliliters or not more than 90 milligrams per dosage unit, with 
        an equal or greater quantity of an isoquinoline alkaloid of 
        opium.  
           (b) Not more than 1.80 grams of codeine per 100 
        milliliters or not more than 90 milligrams per dosage unit, with 
        one or more active, nonnarcotic ingredients in recognized 
        therapeutic amounts.  
           (c) Not more than 300 milligrams of dihydrocodeinone per 
        100 milliliters or not more than 15 milligrams per dosage unit, 
        with a fourfold or greater quantity of an isoquinoline alkaloid 
        of opium.  
           (d) Not more than 300 milligrams of dihydrocodeinone per 
        100 milliliters or not more than 15 milligrams per dosage unit, 
        with one or more active, nonnarcotic ingredients in recognized 
        therapeutic amounts. 
           (e) Not more than 1.80 grams of dihydrocodeine per 100 
        milliliters or not more than 90 milligrams per dosage unit, with 
        one or more active, nonnarcotic ingredients in recognized 
        therapeutic amounts.  
           (f) Not more than 300 milligrams of ethylmorphine per 100 
        milliliters or not more than 15 milligrams per dosage unit, with 
        one or more active, nonnarcotic ingredients in recognized 
        therapeutic amounts.  
           (g) Not more than 500 milligrams of opium per 100 
        milliliters or per 100 grams, or not more than 25 milligrams per 
        dosage unit, with one or more active, nonnarcotic ingredients in 
        recognized therapeutic amounts. 
           (h) Not more than 50 milligrams of morphine per 100 
        milliliters or per 100 grams with one or more active, 
        nonnarcotic ingredients in recognized therapeutic amounts. 
           (6) Anabolic steroids, which, for purposes of this 
        subdivision, means any drug or hormonal substance, chemically 
        and pharmacologically related to testosterone, other than 
        estrogens, progestins, corticosteroids, and 
        dehydroepiandrosterone, and includes:  androstanediol; 
        androstanedione; androstenediol; androstenedione; bolasterone; 
        boldenone; calusterone; chlorotestosterone; chorionic 
        gonadotropin; clostebol; dehydrochloromethyltestosterone; 
        (triangle)1-dihydrotestosterone; 4-dihydrotestosterone; 
        drostanolone; ethylestrenol; fluoxymesterone; formebolone; 
        furazabol; human growth hormones; 
        13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone; 
        4-hydroxy-19-nortestosterone; mestanolone; mesterolone; 
        methandienone; methandranone; methandriol; methandrostenolone; 
        methenolone; 17a-methyl-3b, 17b-dihydroxy-5a-androstane; 
        17a-methyl-3a, 17b-dihydroxy-5a-androstane; 17a-methyl-3b, 
        17b-dihydroxyandrost-4-ene; 17a-methyl-4-hydroxynandrolone; 
        methyldienolone; methyltrienolone; methyltestosterone; 
        mibolerone; 17a-methyl-(triangle)1-dihydrotestosterone; 
        nandrolone; nandrolone phenpropionate; norandrostenediol; 
        norandrostenedione; norbolethone; norclostebol; norethandrolone; 
        normethandrolone; oxandrolone; oxymesterone; oxymetholone; 
        stanolone; stanozolol; stenbolone; testolactone; testosterone; 
        testosterone propionate; tetrahydrogestrinone; trenbolone; and 
        any salt, ester, or ether of a drug or substance described in 
        this paragraph.  Anabolic steroids are not included if they 
        are:  (i) expressly intended for administration through implants 
        to cattle or other nonhuman species; and (ii) approved by the 
        United States Food and Drug Administration for that use. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 2.  Minnesota Statutes 2004, section 152.02, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SCHEDULE IV.] (a) The following items are listed 
        in Schedule IV:  Anabolic substances; Barbital; Butorphanol; 
        Carisoprodol; Chloral betaine; Chloral hydrate; 
        Chlordiazepoxide; Clonazepam; Clorazepate; Diazepam; 
        Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine; 
        Flurazepam; Mebutamate; Methohexital; Meprobamate except when in 
        combination with the following drugs in the following or lower 
        concentrations:  conjugated estrogens, 0.4 mg; tridihexethyl 
        chloride, 25mg; pentaerythritol tetranitrate, 20 mg; 
        Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline; 
        Petrichloral; Phenobarbital; and Phentermine.  
           (b) For purposes of this subdivision, "anabolic substances" 
        means the naturally occurring androgens or derivatives of 
        androstane (androsterone and testosterone); testosterone and its 
        esters, including, but not limited to, testosterone propionate, 
        and its derivatives, including, but not limited to, 
        methyltestosterone and growth hormones, except that anabolic 
        substances are not included if they are:  (1) expressly intended 
        for administration through implants to cattle or other nonhuman 
        species; and (2) approved by the United States Food and Drug 
        Administration for that use. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 3.  [171.175] [SUSPENSION; THEFT OF GASOLINE OFFENSE.] 
           Subdivision 1.  [THEFT OF GASOLINE.] The commissioner of 
        public safety shall suspend for 30 days the license of any 
        person convicted or juvenile adjudicated delinquent for theft of 
        gasoline under section 609.52, subdivision 2, clause (1).  
           Subd. 2.  [DEFINITION.] For the purposes of this section, 
        "gasoline" has the meaning given it in section 296A.01, 
        subdivision 23.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 4.  Minnesota Statutes 2004, section 343.31, is 
        amended to read: 
           343.31 [ANIMAL FIGHTS PROHIBITED AND POSSESSION OF FIGHTING 
        ANIMALS.] 
           Subdivision 1.  [PENALTY FOR ANIMAL FIGHTING; ATTENDING 
        ANIMAL FIGHT.] Any A person who: 
           (1) promotes or, engages in, or is employed at in the 
        activity of cockfighting, dogfighting, or violent pitting of one 
        domestic animal against another of the same or a different kind; 
        or 
           (2) receives money for the admission of any a person to any 
        a place used, or about to be used, for that activity; or 
           (3) willfully permits any a person to enter or use for that 
        activity premises of which the permitter is the owner, agent, or 
        occupant; or 
           (4) uses, trains, or possesses a dog or other animal for 
        the purpose of participating in, engaging in, or promoting that 
        activity 
        is guilty of a felony.  Any A person who purchases a ticket of 
        admission or otherwise gains admission to that activity is 
        guilty of a misdemeanor. 
           Subd. 2.  [PRESUMPTION OF TRAINING A FIGHTING DOG.] There 
        is a rebuttable presumption that a dog has been trained or is 
        being trained to fight if: 
           (1) the dog exhibits fresh wounds, scarring, or other 
        indications that the dog has been or will be used for fighting; 
        and 
           (2) the person possesses training apparatus, paraphernalia, 
        or drugs known to be used to prepare dogs to be fought.  
           This presumption may be rebutted by a preponderance of the 
        evidence.  
           Subd. 3.  [PRESUMPTION OF TRAINING FIGHTING BIRDS.] There 
        is a rebuttable presumption that a bird has been trained or is 
        being trained to fight if: 
           (1) the bird exhibits fresh wounds, scarring, or other 
        indications that the bird has been or will be used for fighting; 
        or 
           (2) the person possesses training apparatus, paraphernalia, 
        or drugs known to be used to prepare birds to be fought.  
           This presumption may be rebutted by a preponderance of the 
        evidence.  
           Subd. 4.  [PEACE OFFICER DUTIES.] Animals described in 
        subdivisions 2 and 3 are dangerous weapons and constitute an 
        immediate danger to the safety of humans.  A peace officer or 
        animal control authority may remove, shelter, and care for an 
        animal found in the circumstances described in subdivision 2 or 
        3.  If necessary, a peace officer or animal control authority 
        may deliver the animal to another person to be sheltered and 
        cared for.  In all cases, the peace officer or animal control 
        authority must immediately notify the owner, if known, as 
        provided in subdivision 5.  The peace officer, animal control 
        authority, or other person assuming care of the animal shall 
        have a lien on it for the actual cost of care and keeping of the 
        animal.  If the owner or custodian is unknown and cannot by 
        reasonable effort be ascertained, or does not, within ten days 
        after notice, redeem the animal by paying the expenses 
        authorized by this subdivision, the animal may be disposed of as 
        provided in subdivision 5. 
           Subd. 5.  [DISPOSITION.] (a) An animal taken into custody 
        under subdivision 4 may be humanely disposed of at the 
        discretion of the jurisdiction having custody of the animal ten 
        days after the animal is taken into custody, if the procedures 
        in paragraph (c) are followed. 
           (b) The owner of an animal taken into custody under 
        subdivision 4 may prevent disposition of the animal by posting 
        security in an amount sufficient to provide for the actual costs 
        of care and keeping of the animal.  The security must be posted 
        within ten days of the seizure inclusive of the date of the 
        seizure.  If, however, a hearing is scheduled within ten days of 
        the seizure, the security amount must be posted prior to the 
        hearing. 
           (c)(1) The authority taking custody of an animal under 
        subdivision 4 must give notice of this section by delivering or 
        mailing it to the owner of the animal, posting a copy of it at 
        the place where the animal is taken into custody, or delivering 
        it to a person residing on the property and telephoning, if 
        possible.  The notice must include: 
           (i) a description of the animal seized; the authority and 
        purpose for the seizure; the time, place, and circumstances 
        under which the animal was seized; and the location, address, 
        and telephone number of a contact person who knows where the 
        animal is kept; 
           (ii) a statement that the owner of the animal may post 
        security to prevent disposition of the animal and may request a 
        hearing concerning the seizure and impoundment and that failure 
        to do so within ten days of the date of the notice will result 
        in disposition of the animal; and 
           (iii) a statement that all actual costs of the care, 
        keeping, and disposal of the animal are the responsibility of 
        the owner of the animal, except to the extent that a court or 
        hearing officer finds that the seizure or impoundment was not 
        substantially justified by law.  The notice must also include a 
        form that can be used by a person claiming an interest in the 
        animal for requesting a hearing. 
           (2) The owner may request a hearing within ten days of the 
        date of the seizure.  If requested, a hearing must be held 
        within five business days of the request to determine the 
        validity of the impoundment.  The municipality taking custody of 
        the animal or the municipality from which the animal was seized 
        may either (i) authorize a licensed veterinarian with no 
        financial interest in the matter or professional association 
        with either party, or (ii) use the services of a hearing officer 
        to conduct the hearing.  An owner may appeal the hearing 
        officer's decision to the district court within five days of the 
        notice of the decision. 
           (3) The judge or hearing officer may authorize the return 
        of the animal if the judge or hearing officer finds that (i) the 
        animal is physically fit; (ii) the person claiming an interest 
        in the animal can and will provide the care required by law for 
        the animal; and (iii) the animal has not been used for violent 
        pitting or fighting. 
           (4) The person claiming an interest in the animal is liable 
        for all actual costs of care, keeping, and disposal of the 
        animal, except to the extent that a court or hearing officer 
        finds that the seizure or impoundment was not substantially 
        justified by law.  The costs must be paid in full or a mutually 
        satisfactory arrangement for payment must be made between the 
        municipality and the person claiming an interest in the animal 
        before the return of the animal to the person. 
           Subd. 6.  [PHOTOGRAPHS.] (a) Photographs of animals seized 
        during an investigation are competent evidence if the 
        photographs are admissible into evidence under all the rules of 
        law governing the admissibility of photographs into evidence.  A 
        satisfactorily identified photographic record is as admissible 
        in evidence as the animal itself. 
           (b) A photograph must be accompanied by a written 
        description of the animals seized, the name of the owner of the 
        animals seized, the date of the photograph, and the name, 
        address, organization, and signature of the photographer. 
           Subd. 7.  [VETERINARY INVESTIGATIVE REPORT.] (a) A report 
        completed by a Minnesota licensed veterinarian following an 
        examination of an animal seized during an investigation is 
        competent evidence.  A satisfactorily identified veterinary 
        investigative report is as admissible in evidence as the animal 
        itself. 
           (b) The veterinary investigative report may contain a 
        written description of the animal seized, the medical evaluation 
        of the physical findings, the prognosis for recovery, and the 
        date of the examination and must contain the name, address, 
        veterinary clinic, and signature of the veterinarian performing 
        the examination. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 5.  Minnesota Statutes 2004, section 518B.01, 
        subdivision 22, is amended to read: 
           Subd. 22.  [VIOLATION OF A DOMESTIC ABUSE NO CONTACT 
        ORDER.] (a) A domestic abuse no contact order is an order issued 
        by a court against a defendant in a criminal proceeding for: 
           (1) domestic abuse; 
           (2) harassment or stalking charged under section 609.749 
        and committed against a family or household member; 
           (3) violation of an order for protection charged under 
        subdivision 14; or 
           (4) violation of a prior domestic abuse no contact order 
        charged under this subdivision. 
        It includes pretrial orders before final disposition of the case 
        and probationary orders after sentencing. 
           (b) A person who knows of the existence of a domestic abuse 
        no contact order issued against the person and violates the 
        order is guilty of a misdemeanor. 
           (c) A peace officer shall arrest without a warrant and take 
        into custody a person whom the peace officer has probable cause 
        to believe has violated a domestic abuse no contact order, even 
        if the violation of the order did not take place in the presence 
        of the peace officer, if the existence of the order can be 
        verified by the officer.  The person shall be held in custody 
        for at least 36 hours, excluding the day of arrest, Sundays, and 
        holidays, unless the person is released earlier by a judge or 
        judicial officer.  A peace officer acting in good faith and 
        exercising due care in making an arrest pursuant to this 
        paragraph is immune from civil liability that might result from 
        the officer's actions. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 6.  Minnesota Statutes 2004, section 604.15, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACTS CONSTITUTING.] (a) The owner of a vehicle 
        that receives motor fuel that was not paid for is liable to the 
        retailer for the price of the motor fuel received and a service 
        charge of up to $20, or the actual costs of collection not to 
        exceed $30.  This charge may be imposed immediately upon the 
        mailing of the notice under subdivision 3, if notice of the 
        service charge was conspicuously displayed on the premises from 
        which the motor fuel was received.  The notice must include a 
        statement that additional civil penalties will be imposed if 
        payment is not received within 30 days.  Only one service charge 
        may be imposed under this paragraph for each incident.  If a law 
        enforcement agency obtains payment for the motor fuel on behalf 
        of the retailer, the service charge may be retained by the law 
        enforcement agency for its expenses.  
           (b) If the price of the motor fuel received is not paid 
        within 30 days after the retailer has mailed notice under 
        subdivision 3, the owner is liable to the retailer for the price 
        of the motor fuel received, the service charge as provided in 
        paragraph (a), plus a civil penalty not to exceed $100 or the 
        price of the motor fuel, whichever is greater.  In determining 
        the amount of the penalty, the court shall consider the amount 
        of the fuel taken and the reason for the nonpayment.  The 
        retailer shall also be entitled to: 
           (1) interest at the legal rate for judgments under section 
        549.09 from the date of nonpayment; and 
           (2) reasonable attorney fees, but not to exceed $500. 
           The civil penalty may not be imposed until 30 days after 
        the mailing of the notice under subdivision 3.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005, 
        and applies to acts committed on or after that date. 
           Sec. 7.  Minnesota Statutes 2004, section 604.15, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [NOT A BAR TO CRIMINAL LIABILITY.] Civil 
        liability under this section does not preclude criminal 
        liability under applicable law. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 8.  Minnesota Statutes 2004, section 609.02, 
        subdivision 16, is amended to read: 
           Subd. 16.  [QUALIFIED DOMESTIC VIOLENCE-RELATED OFFENSE.] 
        "Qualified domestic violence-related offense" includes the 
        following offenses:  sections 518B.01, subdivision 14 (violation 
        of domestic abuse order for protection); 609.221 (first-degree 
        assault); 609.222 (second-degree assault); 609.223 (third-degree 
        assault); 609.2231 (fourth-degree assault); 609.224 
        (fifth-degree assault); 609.2242 (domestic assault); 609.2247 
        (domestic assault by strangulation); 609.342 (first-degree 
        criminal sexual conduct); 609.343 (second-degree criminal sexual 
        conduct); 609.344 (third-degree criminal sexual conduct); 
        609.345 (fourth-degree criminal sexual conduct); 609.377 
        (malicious punishment of a child); 609.713 (terroristic 
        threats); 609.748, subdivision 6 (violation of harassment 
        restraining order); and 609.749 (harassment/stalking); and 
        similar laws of other states, the United States, the District of 
        Columbia, tribal lands, and United States territories. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 9.  Minnesota Statutes 2004, section 609.106, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
        a person to life imprisonment without possibility of release 
        under the following circumstances: 
           (1) the person is convicted of first degree murder under 
        section 609.185, paragraph (a), clause (1), (2), (4), or (7); 
           (2) the person is convicted of committing first degree 
        murder in the course of a kidnapping under section 609.185, 
        clause (3); or 
           (3) the person is convicted of first degree murder under 
        section 609.185, clause (1), (3), (5), or (6), and the court 
        determines on the record at the time of sentencing that the 
        person has one or more previous convictions for a heinous crime. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 10.  Minnesota Statutes 2004, section 609.185, is 
        amended to read: 
           609.185 [MURDER IN THE FIRST DEGREE.] 
           (a) Whoever does any of the following is guilty of murder 
        in the first degree and shall be sentenced to imprisonment for 
        life: 
           (1) causes the death of a human being with premeditation 
        and with intent to effect the death of the person or of another; 
           (2) causes the death of a human being while committing or 
        attempting to commit criminal sexual conduct in the first or 
        second degree with force or violence, either upon or affecting 
        the person or another; 
           (3) causes the death of a human being with intent to effect 
        the death of the person or another, while committing or 
        attempting to commit burglary, aggravated robbery, kidnapping, 
        arson in the first or second degree, a drive-by shooting, 
        tampering with a witness in the first degree, escape from 
        custody, or any felony violation of chapter 152 involving the 
        unlawful sale of a controlled substance; 
           (4) causes the death of a peace officer or a guard employed 
        at a Minnesota state or local correctional facility, with intent 
        to effect the death of that person or another, while the peace 
        officer or guard is engaged in the performance of official 
        duties; 
           (5) causes the death of a minor while committing child 
        abuse, when the perpetrator has engaged in a past pattern of 
        child abuse upon the a child and the death occurs under 
        circumstances manifesting an extreme indifference to human life; 
           (6) causes the death of a human being while committing 
        domestic abuse, when the perpetrator has engaged in a past 
        pattern of domestic abuse upon the victim or upon another family 
        or household member and the death occurs under circumstances 
        manifesting an extreme indifference to human life; or 
           (7) causes the death of a human being while committing, 
        conspiring to commit, or attempting to commit a felony crime to 
        further terrorism and the death occurs under circumstances 
        manifesting an extreme indifference to human life. 
           (b) For purposes of paragraph (a), clause (5), "child abuse"
        means an act committed against a minor victim that constitutes a 
        violation of the following laws of this state or any similar 
        laws of the United States or any other state:  section 609.221; 
        609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
        609.345; 609.377; 609.378; or 609.713. 
           (c) For purposes of paragraph (a), clause (6), "domestic 
        abuse" means an act that: 
           (1) constitutes a violation of section 609.221, 609.222, 
        609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
        609.713, or any similar laws of the United States or any other 
        state; and 
           (2) is committed against the victim who is a family or 
        household member as defined in section 518B.01, subdivision 2, 
        paragraph (b). 
           (d) For purposes of paragraph (a), clause (7), "further 
        terrorism" has the meaning given in section 609.714, subdivision 
        1. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to crimes committed on or 
        after that date. 
           Sec. 11.  Minnesota Statutes 2004, section 609.2231, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [SECURE TREATMENT FACILITY PERSONNEL.] (a) As 
        used in this subdivision, "secure treatment facility" has the 
        meaning given in section 253B.02, subdivision 18a.  
           (b) Whoever, while committed under section 253B.185 or 
        Minnesota Statutes 1992, section 526.10, commits either of the 
        following acts against an employee or other individual who 
        provides care or treatment at a secure treatment facility while 
        the person is engaged in the performance of a duty imposed by 
        law, policy, or rule is guilty of a felony and may be sentenced 
        to imprisonment for not more than two years or to payment of a 
        fine of not more than $4,000, or both: 
           (1) assaults the person and inflicts demonstrable bodily 
        harm; or 
           (2) intentionally throws or otherwise transfers bodily 
        fluids or feces at or onto the person. 
           (c) The court shall commit a person convicted of violating 
        paragraph (b) to the custody of the commissioner of corrections 
        for not less than a year and a day.  The court may not, on its 
        own motion or the prosecutor's motion, sentence a person without 
        regard to this paragraph.  A person convicted and sentenced as 
        required by this paragraph is not eligible for probation, 
        parole, discharge, work release, or supervised release, until 
        that person has served the full term of imprisonment as provided 
        by law, notwithstanding the provisions of sections 241.26, 
        242.19, 243.05, 244.04, 609.12, and 609.135.  
           (d) Notwithstanding the statutory maximum sentence provided 
        in paragraph (b), when a court sentences a person to the custody 
        of the commissioner of corrections for a violation of paragraph 
        (b), the court shall provide that after the person has completed 
        the sentence imposed, the commissioner shall place the person on 
        conditional release for five years.  The terms of conditional 
        release are governed by sections 244.05 and 609.109. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 12.  Minnesota Statutes 2004, section 609.2242, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person 
        is convicted of a violation of this section or section 609.221, 
        609.222, 609.223, or 609.224, or 609.2247, the court shall 
        determine and make written findings on the record as to whether: 
           (1) the assault was committed against a family or household 
        member, as defined in section 518B.01, subdivision 2; 
           (2) the defendant owns or possesses a firearm; and 
           (3) the firearm was used in any way during the commission 
        of the assault. 
           (b) If the court determines that the assault was of a 
        family or household member, and that the offender owns or 
        possesses a firearm and used it in any way during the commission 
        of the assault, it shall order that the firearm be summarily 
        forfeited under section 609.5316, subdivision 3. 
           (c) When a person is convicted of assaulting a family or 
        household member and is determined by the court to have used a 
        firearm in any way during commission of the assault, the court 
        may order that the person is prohibited from possessing any type 
        of firearm for any period longer than three years or for the 
        remainder of the person's life.  A person who violates this 
        paragraph is guilty of a gross misdemeanor.  At the time of the 
        conviction, the court shall inform the defendant whether and for 
        how long the defendant is prohibited from possessing a firearm 
        and that it is a gross misdemeanor to violate this paragraph.  
        The failure of the court to provide this information to a 
        defendant does not affect the applicability of the firearm 
        possession prohibition or the gross misdemeanor penalty to that 
        defendant. 
           (d) Except as otherwise provided in paragraph (c), when a 
        person is convicted of a violation of this section or section 
        609.224 and the court determines that the victim was a family or 
        household member, the court shall inform the defendant that the 
        defendant is prohibited from possessing a pistol for three years 
        from the date of conviction and that it is a gross misdemeanor 
        offense to violate this prohibition.  The failure of the court 
        to provide this information to a defendant does not affect the 
        applicability of the pistol possession prohibition or the gross 
        misdemeanor penalty to that defendant. 
           (e) Except as otherwise provided in paragraph (c), a person 
        is not entitled to possess a pistol if the person has been 
        convicted after August 1, 1992, of domestic assault under this 
        section or assault in the fifth degree under section 609.224 and 
        the assault victim was a family or household member as defined 
        in section 518B.01, subdivision 2, unless three years have 
        elapsed from the date of conviction and, during that time, the 
        person has not been convicted of any other violation of this 
        section or section 609.224.  Property rights may not be abated 
        but access may be restricted by the courts.  A person who 
        possesses a pistol in violation of this paragraph is guilty of a 
        gross misdemeanor. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 13.  [609.2247] [DOMESTIC ASSAULT BY STRANGULATION.] 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given. 
           (b) "Family or household members" has the meaning given in 
        section 518B.01, subdivision 2. 
           (c) "Strangulation" means intentionally impeding normal 
        breathing or circulation of the blood by applying pressure on 
        the throat or neck or by blocking the nose or mouth of another 
        person. 
           Subd. 2.  [CRIME.] Unless a greater penalty is provided 
        elsewhere, whoever assaults a family or household member by 
        strangulation is guilty of a felony and may be sentenced to 
        imprisonment for not more than three years or to payment of a 
        fine of not more than $5,000, or both. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 14.  Minnesota Statutes 2004, section 609.229, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PENALTY.] (a) If the crime committed in 
        violation of subdivision 2 is a felony, the statutory maximum 
        for the crime is five years longer than the statutory maximum 
        for the underlying crime.  If the crime committed in violation 
        of subdivision 2 is a felony, and the victim of the crime is a 
        child under the age of 18 years, the statutory maximum for the 
        crime is ten years longer than the statutory maximum for the 
        underlying crime.  
           (b) If the crime committed in violation of subdivision 2 is 
        a misdemeanor, the person is guilty of a gross misdemeanor. 
           (c) If the crime committed in violation of subdivision 2 is 
        a gross misdemeanor, the person is guilty of a felony and may be 
        sentenced to imprisonment for not more than three years or to 
        payment of a fine of not more than $15,000, or both.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 15.  [609.281] [DEFINITIONS.] 
           Subdivision 1.  [GENERALLY.] As used in sections 609.281 to 
        609.284, the following terms have the meanings given. 
           Subd. 2.  [BLACKMAIL.] "Blackmail" means a threat to expose 
        any fact or alleged fact tending to cause shame or to subject 
        any person to hatred, contempt, or ridicule. 
           Subd. 3.  [DEBT BONDAGE.] "Debt bondage" means the status 
        or condition of a debtor arising from a pledge by the debtor of 
        the debtor's personal services or those of a person under the 
        debtor's control as a security for debt, if the value of those 
        services as reasonably assessed is not applied toward the 
        liquidation of the debt or the length and nature of those 
        services are not respectively limited and defined. 
           Subd. 4.  [FORCED LABOR OR SERVICES.] "Forced labor or 
        services" means labor or services that are performed or provided 
        by another person and are obtained or maintained through an 
        actor's: 
           (1) threat, either implicit or explicit, scheme, plan, or 
        pattern, or other action intended to cause a person to believe 
        that, if the person did not perform or provide the labor or 
        services, that person or another person would suffer bodily harm 
        or physical restraint; 
           (2) physically restraining or threatening to physically 
        restrain a person; 
           (3) abuse or threatened abuse of the legal process; 
           (4) knowingly destroying, concealing, removing, 
        confiscating, or possessing any actual or purported passport or 
        other immigration document, or any other actual or purported 
        government identification document, of another person; or 
           (5) use of blackmail.  
           Subd. 5.  [LABOR TRAFFICKING.] "Labor trafficking" means 
        the recruitment, transportation, transfer, harboring, 
        enticement, provision, obtaining, or receipt of a person by any 
        means, whether a United States citizen or foreign national, for 
        the purpose of: 
           (1) debt bondage or forced labor or services; 
           (2) slavery or practices similar to slavery; or 
           (3) the removal of organs through the use of coercion or 
        intimidation. 
           Subd. 6.  [LABOR TRAFFICKING VICTIM.] "Labor trafficking 
        victim" means a person subjected to the practices in subdivision 
        5. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 16.  [609.282] [LABOR TRAFFICKING.] 
           Whoever knowingly engages in the labor trafficking of 
        another is guilty of a crime and may be sentenced to 
        imprisonment for not more than 15 years or to payment of a fine 
        of not more than $30,000, or both.  In a prosecution under this 
        section the consent or age of the victim is not a defense.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 17.  [609.283] [UNLAWFUL CONDUCT WITH RESPECT TO 
        DOCUMENTS IN FURTHERANCE OF LABOR OR SEX TRAFFICKING.] 
           Unless the person's conduct constitutes a violation of 
        section 609.282, a person who knowingly destroys, conceals, 
        removes, confiscates, or possesses any actual or purported 
        passport or other immigration document, or any other actual or 
        purported government identification document, of another person: 
           (1) in the course of a violation of section 609.282 or 
        609.322; 
           (2) with intent to violate section 609.282 or 609.322; or 
           (3) to prevent or restrict or to attempt to prevent or 
        restrict, without lawful authority, a person's liberty to move 
        or travel, in order to maintain the labor or services of that 
        person, when the person is or has been a victim of a violation 
        of section 609.282 or 609.322; 
        is guilty of a crime and may be sentenced to imprisonment for 
        not more than five years or to payment of a fine of not more 
        than $10,000, or both.  In a prosecution under this section the 
        consent or age of the victim is not a defense.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 18.  [609.284] [LABOR OR SEX TRAFFICKING CRIMES; 
        DEFENSES; CIVIL LIABILITY; CORPORATE LIABILITY.] 
           Subdivision 1.  [CONSENT OR AGE OF VICTIM NOT A 
        DEFENSE.] In an action under this section the consent or age of 
        the victim is not a defense. 
           Subd. 2.  [CIVIL LIABILITY.] A labor trafficking victim may 
        bring a cause of action against a person who violates section 
        609.282 or 609.283.  The court may award damages, including 
        punitive damages, reasonable attorney fees, and other litigation 
        costs reasonably incurred by the victim.  This remedy is in 
        addition to potential criminal liability.  
           Subd. 3.  [CORPORATE LIABILITY.] If a corporation or other 
        business enterprise is convicted of violating section 609.282, 
        609.283, or 609.322, in addition to the criminal penalties 
        described in those sections and other remedies provided 
        elsewhere in law, the court may, when appropriate:  
           (1) order its dissolution or reorganization; 
           (2) order the suspension or revocation of any license, 
        permit, or prior approval granted to it by a state agency; or 
           (3) order the surrender of its charter if it is organized 
        under Minnesota law or the revocation of its certificate to 
        conduct business in Minnesota if it is not organized under 
        Minnesota law.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 19.  Minnesota Statutes 2004, section 609.321, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE.] For the purposes of sections 
        609.321 to 609.324 609.325, the following terms have the 
        meanings given.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 20.  Minnesota Statutes 2004, section 609.321, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PROMOTES THE PROSTITUTION OF AN INDIVIDUAL.] 
        "Promotes the prostitution of an individual" means any of the 
        following wherein the person knowingly:  
           (1) solicits or procures patrons for a prostitute; or 
           (2) provides, leases or otherwise permits premises or 
        facilities owned or controlled by the person to aid the 
        prostitution of an individual; or 
           (3) owns, manages, supervises, controls, keeps or operates, 
        either alone or with others, a place of prostitution to aid the 
        prostitution of an individual; or 
           (4) owns, manages, supervises, controls, operates, 
        institutes, aids or facilitates, either alone or with others, a 
        business of prostitution to aid the prostitution of an 
        individual; or 
           (5) admits a patron to a place of prostitution to aid the 
        prostitution of an individual; or 
           (6) transports an individual from one point within this 
        state to another point either within or without this state, or 
        brings an individual into this state to aid the prostitution of 
        the individual; or 
           (7) engages in the sex trafficking of an individual.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 21.  Minnesota Statutes 2004, section 609.321, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [SEX TRAFFICKING.] "Sex trafficking" means 
        receiving, recruiting, enticing, harboring, providing, or 
        obtaining by any means an individual to aid in the prostitution 
        of the individual.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 22.  Minnesota Statutes 2004, section 609.321, is 
        amended by adding a subdivision to read: 
           Subd. 7b.  [SEX TRAFFICKING VICTIM.] "Sex trafficking 
        victim" means a person subjected to the practices in subdivision 
        7a.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 23.  Minnesota Statutes 2004, section 609.321, 
        subdivision 12, is amended to read: 
           Subd. 12.  [PUBLIC PLACE.] A "public place" means a public 
        street or sidewalk, a pedestrian skyway system as defined in 
        section 469.125, subdivision 4, a hotel, motel, or other place 
        of public accommodation, or a place licensed to sell 
        intoxicating liquor, wine, nonintoxicating malt beverages, or 
        food, or a motor vehicle located on a public street, alley, or 
        parking lot ordinarily used by or available to the public though 
        not used as a matter of right and a driveway connecting such a 
        parking lot with a street or highway.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to crimes committed on or 
        after that date. 
           Sec. 24.  [609.3243] [LOITERING WITH INTENT TO PARTICIPATE 
        IN PROSTITUTION.] 
           A person who loiters in a public place with intent to 
        participate in prostitution is guilty of a misdemeanor.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 25.  Minnesota Statutes 2004, section 609.325, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [AFFIRMATIVE DEFENSE.] It is an affirmative 
        defense to a charge under section 609.324 if the defendant 
        proves by a preponderance of the evidence that the defendant is 
        a labor trafficking victim, as defined in section 609.281, or a 
        sex trafficking victim, as defined in section 609.321, and that 
        the defendant committed the act only under compulsion by another 
        who by explicit or implicit threats created a reasonable 
        apprehension in the mind of the defendant that if the defendant 
        did not commit the act, the person would inflict bodily harm 
        upon the defendant.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 26.  Minnesota Statutes 2004, section 609.485, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
        following may be sentenced as provided in subdivision 4: 
           (1) escapes while held pursuant to a lawful arrest, in 
        lawful custody on a charge or conviction of a crime, or while 
        held in lawful custody on an allegation or adjudication of a 
        delinquent act; 
           (2) transfers to another, who is in lawful custody on a 
        charge or conviction of a crime, or introduces into an 
        institution in which the latter is confined, anything usable in 
        making such escape, with intent that it shall be so used; 
           (3) having another in lawful custody on a charge or 
        conviction of a crime, intentionally permits the other to 
        escape; 
           (4) escapes while in a facility designated under section 
        253B.18, subdivision 1, pursuant to a court commitment order 
        after a finding of not guilty by reason of mental illness or 
        mental deficiency of a crime against the person, as defined in 
        section 253B.02, subdivision 4a.  Notwithstanding section 
        609.17, no person may be charged with or convicted of an attempt 
        to commit a violation of this clause; or 
           (5) escapes while in a facility designated under section 
        253B.18, subdivision 1, pursuant to a court commitment order 
        under section 253B.185 or Minnesota Statutes 1992, section 
        526.10; or 
           (6) escapes while on pass status or provisional discharge 
        according to section 253B.18. 
           For purposes of clause (1), "escapes while held in lawful 
        custody" includes absconding from electronic monitoring or 
        absconding after removing an electronic monitoring device from 
        the person's body. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 27.  Minnesota Statutes 2004, section 609.485, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
        subdivision 3a, whoever violates this section may be sentenced 
        as follows: 
           (1) if the person who escapes is in lawful custody for a 
        felony, to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both; 
           (2) if the person who escapes is in lawful custody after a 
        finding of not guilty by reason of mental illness or mental 
        deficiency of a crime against the person, as defined in section 
        253B.02, subdivision 4a, or pursuant to a court commitment order 
        under section 253B.185 or Minnesota Statutes 1992, section 
        526.10, to imprisonment for not more than one year and one day 
        or to payment of a fine of not more than $3,000, or both; or 
           (3) if the person who escapes is in lawful custody for a 
        gross misdemeanor or misdemeanor, or if the person who escapes 
        is in lawful custody on an allegation or adjudication of a 
        delinquent act, to imprisonment for not more than one year or to 
        payment of a fine of not more than $3,000, or both; or 
           (4) if the person who escapes is under civil commitment 
        under sections 253B.18 and 253B.185, to imprisonment for not 
        more than one year and one day or to payment of a fine of not 
        more than $3,000, or both.  
           (b) If the escape was a violation of subdivision 2, clause 
        (1), (2), or (3), and was effected by violence or threat of 
        violence against a person, the sentence may be increased to not 
        more than twice those permitted in paragraph (a), clauses (1) 
        and (3). 
           (c) Unless a concurrent term is specified by the court, a 
        sentence under this section shall be consecutive to any sentence 
        previously imposed or which may be imposed for any crime or 
        offense for which the person was in custody when the person 
        escaped. 
           (d) Notwithstanding paragraph (c), if a person who was 
        committed to the commissioner of corrections under section 
        260B.198 escapes from the custody of the commissioner while 18 
        years of age, the person's sentence under this section shall 
        commence on the person's 19th birthday or on the person's date 
        of discharge by the commissioner of corrections, whichever 
        occurs first.  However, if the person described in this clause 
        is convicted under this section after becoming 19 years old and 
        after having been discharged by the commissioner, the person's 
        sentence shall commence upon imposition by the sentencing court. 
           (e) Notwithstanding paragraph (c), if a person who is in 
        lawful custody on an allegation or adjudication of a delinquent 
        act while 18 years of age escapes from a local juvenile 
        correctional facility, the person's sentence under this section 
        begins on the person's 19th birthday or on the person's date of 
        discharge from the jurisdiction of the juvenile court, whichever 
        occurs first.  However, if the person described in this 
        paragraph is convicted after becoming 19 years old and after 
        discharge from the jurisdiction of the juvenile court, the 
        person's sentence begins upon imposition by the sentencing court.
           (f) Notwithstanding paragraph (a), any person who escapes 
        or absconds from electronic monitoring or removes an electric 
        monitoring device from the person's body is guilty of a crime 
        and shall be sentenced to imprisonment for not more than one 
        year or to a payment of a fine of not more than $3,000, or 
        both.  A person in lawful custody for a violation of section 
        609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 
        609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, 
        or 609.3451 who escapes or absconds from electronic monitoring 
        or removes an electronic monitoring device while under sentence 
        may be sentenced to imprisonment for not more than five years or 
        to a payment of a fine of not more than $10,000, or both. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 28.  Minnesota Statutes 2004, section 609.487, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [FLEEING, OTHER THAN VEHICLE.] Whoever, for the 
        purpose of avoiding arrest, detention, or investigation, or in 
        order to conceal or destroy potential evidence related to the 
        commission of a crime, attempts to evade or elude a peace 
        officer, who is acting in the lawful discharge of an official 
        duty, by means of running, hiding, or by any other means except 
        fleeing in a motor vehicle, is guilty of a misdemeanor. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 29.  Minnesota Statutes 2004, section 609.50, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME.] Whoever intentionally does any of 
        the following may be sentenced as provided in subdivision 2: 
           (1) obstructs, hinders, or prevents the lawful execution of 
        any legal process, civil or criminal, or apprehension of another 
        on a charge or conviction of a criminal offense; 
           (2) obstructs, resists, or interferes with a peace officer 
        while the officer is engaged in the performance of official 
        duties; 
           (3) interferes with or obstructs the prevention or 
        extinguishing of a fire, or disobeys the lawful order of a 
        firefighter present at the fire while the firefighter is engaged 
        in the performance of official duties; or 
           (4) interferes with or obstructs a member of an ambulance 
        service personnel crew, as defined in section 144E.001, 
        subdivision 3a, who is providing, or attempting to provide, 
        emergency care; or 
           (5) by force or threat of force endeavors to obstruct any 
        employee of the Department of Revenue while the employee is 
        lawfully engaged in the performance of official duties for the 
        purpose of deterring or interfering with the performance of 
        those duties.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 30.  Minnesota Statutes 2004, section 609.505, is 
        amended to read: 
           609.505 [FALSELY REPORTING CRIME.] 
           Subdivision 1.  [FALSE REPORTING.] Whoever informs a law 
        enforcement officer that a crime has been committed or otherwise 
        provides information to an on-duty peace officer, knowing that 
        the person is a peace officer, regarding the conduct of others, 
        knowing that it is false and intending that the officer shall 
        act in reliance upon it, is guilty of a misdemeanor.  A person 
        who is convicted a second or subsequent time under this section 
        is guilty of a gross misdemeanor. 
           Subd. 2.  [REPORTING POLICE MISCONDUCT.] (a) Whoever 
        informs, or causes information to be communicated to, a peace 
        officer, whose responsibilities include investigating or 
        reporting police misconduct, that a peace officer, as defined in 
        section 626.84, subdivision 1, paragraph (c), has committed an 
        act of police misconduct, knowing that the information is false, 
        is guilty of a crime and may be sentenced as follows: 
           (1) up to the maximum provided for a misdemeanor if the 
        false information does not allege a criminal act; or 
           (2) up to the maximum provided for a gross misdemeanor if 
        the false information alleges a criminal act. 
           (b) The court shall order any person convicted of a 
        violation of this subdivision to make full restitution of all 
        reasonable expenses incurred in the investigation of the false 
        allegation unless the court makes a specific written finding 
        that restitution would be inappropriate under the 
        circumstances.  A restitution award may not exceed $3,000. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 31.  Minnesota Statutes 2004, section 609.52, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACTS CONSTITUTING THEFT.] Whoever does any of 
        the following commits theft and may be sentenced as provided in 
        subdivision 3: 
           (1) intentionally and without claim of right takes, uses, 
        transfers, conceals or retains possession of movable property of 
        another without the other's consent and with intent to deprive 
        the owner permanently of possession of the property; or 
           (2) with or without having a legal interest in movable 
        property, intentionally and without consent, takes the property 
        out of the possession of a pledgee or other person having a 
        superior right of possession, with intent thereby to deprive the 
        pledgee or other person permanently of the possession of the 
        property; or 
           (3) obtains for the actor or another the possession, 
        custody, or title to property of or performance of services by a 
        third person by intentionally deceiving the third person with a 
        false representation which is known to be false, made with 
        intent to defraud, and which does defraud the person to whom it 
        is made.  "False representation" includes without limitation: 
           (i) the issuance of a check, draft, or order for the 
        payment of money, except a forged check as defined in section 
        609.631, or the delivery of property knowing that the actor is 
        not entitled to draw upon the drawee therefor or to order the 
        payment or delivery thereof; or 
           (ii) a promise made with intent not to perform.  Failure to 
        perform is not evidence of intent not to perform unless 
        corroborated by other substantial evidence; or 
           (iii) the preparation or filing of a claim for 
        reimbursement, a rate application, or a cost report used to 
        establish a rate or claim for payment for medical care provided 
        to a recipient of medical assistance under chapter 256B, which 
        intentionally and falsely states the costs of or actual services 
        provided by a vendor of medical care; or 
           (iv) the preparation or filing of a claim for reimbursement 
        for providing treatment or supplies required to be furnished to 
        an employee under section 176.135 which intentionally and 
        falsely states the costs of or actual treatment or supplies 
        provided; or 
           (v) the preparation or filing of a claim for reimbursement 
        for providing treatment or supplies required to be furnished to 
        an employee under section 176.135 for treatment or supplies that 
        the provider knew were medically unnecessary, inappropriate, or 
        excessive; or 
           (4) by swindling, whether by artifice, trick, device, or 
        any other means, obtains property or services from another 
        person; or 
           (5) intentionally commits any of the acts listed in this 
        subdivision but with intent to exercise temporary control only 
        and: 
           (i) the control exercised manifests an indifference to the 
        rights of the owner or the restoration of the property to the 
        owner; or 
           (ii) the actor pledges or otherwise attempts to subject the 
        property to an adverse claim; or 
           (iii) the actor intends to restore the property only on 
        condition that the owner pay a reward or buy back or make other 
        compensation; or 
           (6) finds lost property and, knowing or having reasonable 
        means of ascertaining the true owner, appropriates it to the 
        finder's own use or to that of another not entitled thereto 
        without first having made reasonable effort to find the owner 
        and offer and surrender the property to the owner; or 
           (7) intentionally obtains property or services, offered 
        upon the deposit of a sum of money or tokens in a coin or token 
        operated machine or other receptacle, without making the 
        required deposit or otherwise obtaining the consent of the 
        owner; or 
           (8) intentionally and without claim of right converts any 
        article representing a trade secret, knowing it to be such, to 
        the actor's own use or that of another person or makes a copy of 
        an article representing a trade secret, knowing it to be such, 
        and intentionally and without claim of right converts the same 
        to the actor's own use or that of another person.  It shall be a 
        complete defense to any prosecution under this clause for the 
        defendant to show that information comprising the trade secret 
        was rightfully known or available to the defendant from a source 
        other than the owner of the trade secret; or 
           (9) leases or rents personal property under a written 
        instrument and who: 
           (i) with intent to place the property beyond the control of 
        the lessor conceals or aids or abets the concealment of the 
        property or any part thereof; or 
           (ii) sells, conveys, or encumbers the property or any part 
        thereof without the written consent of the lessor, without 
        informing the person to whom the lessee sells, conveys, or 
        encumbers that the same is subject to such lease or rental 
        contract with intent to deprive the lessor of possession 
        thereof; or 
           (iii) does not return the property to the lessor at the end 
        of the lease or rental term, plus agreed upon extensions, with 
        intent to wrongfully deprive the lessor of possession of the 
        property; or 
           (iv) returns the property to the lessor at the end of the 
        lease or rental term, plus agreed upon extensions, but does not 
        pay the lease or rental charges agreed upon in the written 
        instrument, with intent to wrongfully deprive the lessor of the 
        agreed upon charges.  
        For the purposes of items (iii) and (iv), the value of the 
        property must be at least $100. 
        Evidence that a lessee used a false, fictitious, or not current 
        name, address, or place of employment in obtaining the property 
        or fails or refuses to return the property or pay the rental 
        contract charges to lessor within five days after written demand 
        for the return has been served personally in the manner provided 
        for service of process of a civil action or sent by certified 
        mail to the last known address of the lessee, whichever shall 
        occur later, shall be evidence of intent to violate this 
        clause.  Service by certified mail shall be deemed to be 
        complete upon deposit in the United States mail of such demand, 
        postpaid and addressed to the person at the address for the 
        person set forth in the lease or rental agreement, or, in the 
        absence of the address, to the person's last known place of 
        residence; or 
           (10) alters, removes, or obliterates numbers or symbols 
        placed on movable property for purpose of identification by the 
        owner or person who has legal custody or right to possession 
        thereof with the intent to prevent identification, if the person 
        who alters, removes, or obliterates the numbers or symbols is 
        not the owner and does not have the permission of the owner to 
        make the alteration, removal, or obliteration; or 
           (11) with the intent to prevent the identification of 
        property involved, so as to deprive the rightful owner of 
        possession thereof, alters or removes any permanent serial 
        number, permanent distinguishing number or manufacturer's 
        identification number on personal property or possesses, sells 
        or buys any personal property knowing or having reason to know 
        that the permanent serial number, permanent distinguishing 
        number or manufacturer's identification number has been removed 
        or altered; or 
           (12) intentionally deprives another of a lawful charge for 
        cable television service by: 
           (i) making or using or attempting to make or use an 
        unauthorized external connection outside the individual dwelling 
        unit whether physical, electrical, acoustical, inductive, or 
        other connection; or by 
           (ii) attaching any unauthorized device to any cable, wire, 
        microwave, or other component of a licensed cable communications 
        system as defined in chapter 238.  Nothing herein shall be 
        construed to prohibit the electronic video rerecording of 
        program material transmitted on the cable communications system 
        by a subscriber for fair use as defined by Public Law 94-553, 
        section 107; or 
           (13) except as provided in paragraphs (12) and (14), 
        obtains the services of another with the intention of receiving 
        those services without making the agreed or reasonably expected 
        payment of money or other consideration; or 
           (14) intentionally deprives another of a lawful charge for 
        telecommunications service by:  
           (i) making, using, or attempting to make or use an 
        unauthorized connection whether physical, electrical, by wire, 
        microwave, radio, or other means to a component of a local 
        telecommunication system as provided in chapter 237; or 
           (ii) attaching an unauthorized device to a cable, wire, 
        microwave, radio, or other component of a local 
        telecommunication system as provided in chapter 237.  
           The existence of an unauthorized connection is prima facie 
        evidence that the occupier of the premises:  
           (i) made or was aware of the connection; and 
           (ii) was aware that the connection was unauthorized; or 
           (15) with intent to defraud, diverts corporate property 
        other than in accordance with general business purposes or for 
        purposes other than those specified in the corporation's 
        articles of incorporation; or 
           (16) with intent to defraud, authorizes or causes a 
        corporation to make a distribution in violation of section 
        302A.551, or any other state law in conformity with it; or 
           (17) takes or drives a motor vehicle without the consent of 
        the owner or an authorized agent of the owner, knowing or having 
        reason to know that the owner or an authorized agent of the 
        owner did not give consent. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 32.  Minnesota Statutes 2004, section 609.527, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given them in this 
        subdivision. 
           (b) "Direct victim" means any person or entity described in 
        section 611A.01, paragraph (b), whose identity has been 
        transferred, used, or possessed in violation of this section. 
           (c) "False pretense" means any false, fictitious, 
        misleading, or fraudulent information or pretense or pretext 
        depicting or including or deceptively similar to the name, logo, 
        Web site address, e-mail address, postal address, telephone 
        number, or any other identifying information of a for-profit or 
        not-for-profit business or organization or of a government 
        agency, to which the user has no legitimate claim of right. 
           (d) "Identity" means any name, number, or data transmission 
        that may be used, alone or in conjunction with any other 
        information, to identify a specific individual or entity, 
        including any of the following: 
           (1) a name, Social Security number, date of birth, official 
        government-issued driver's license or identification number, 
        government passport number, or employer or taxpayer 
        identification number; 
           (2) unique electronic identification number, address, 
        account number, or routing code; or 
           (3) telecommunication identification information or access 
        device. 
           (d) (e) "Indirect victim" means any person or entity 
        described in section 611A.01, paragraph (b), other than a direct 
        victim. 
           (e) (f) "Loss" means value obtained, as defined in section 
        609.52, subdivision 1, clause (3), and expenses incurred by a 
        direct or indirect victim as a result of a violation of this 
        section. 
           (f) (g) "Unlawful activity" means: 
           (1) any felony violation of the laws of this state or any 
        felony violation of a similar law of another state or the United 
        States; and 
           (2) any nonfelony violation of the laws of this state 
        involving theft, theft by swindle, forgery, fraud, or giving 
        false information to a public official, or any nonfelony 
        violation of a similar law of another state or the United States.
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 33.  Minnesota Statutes 2004, 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); 
           (4) if the offense involves 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,; or if the offense is related to 
        possession or distribution of pornographic work in violation of 
        section 617.246 or 617.247; the person may be sentenced as 
        provided in section 609.52, subdivision 3, clause (1). 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 34.  Minnesota Statutes 2004, section 609.527, 
        subdivision 4, is amended to read: 
           Subd. 4.  [RESTITUTION; ITEMS PROVIDED TO VICTIM.] (a) A 
        direct or indirect victim of an identity theft crime shall be 
        considered a victim for all purposes, including any rights that 
        accrue under chapter 611A and rights to court-ordered 
        restitution. 
           (b) The court shall order a person convicted of violating 
        subdivision 2 to pay restitution of not less than $1,000 to each 
        direct victim of the offense. 
           (c) Upon the written request of a direct victim or the 
        prosecutor setting forth with specificity the facts and 
        circumstances of the offense in a proposed order, the court 
        shall provide to the victim, without cost, a certified copy of 
        the complaint filed in the matter, the judgment of conviction, 
        and an order setting forth the facts and circumstances of the 
        offense. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 35.  Minnesota Statutes 2004, section 609.527, is 
        amended by adding a subdivision to read: 
           Subd. 5a.  [CRIME OF ELECTRONIC USE OF FALSE PRETENSE TO 
        OBTAIN IDENTITY.] (a) A person who, with intent to obtain the 
        identity of another, uses a false pretense in an e-mail to 
        another person or in a Web page, electronic communication, 
        advertisement, or any other communication on the Internet, is 
        guilty of a crime. 
           (b) Whoever commits such offense may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both. 
           (c) In a prosecution under this subdivision, it is not a 
        defense that: 
           (1) the person committing the offense did not obtain the 
        identity of another; 
           (2) the person committing the offense did not use the 
        identity; or 
           (3) the offense did not result in financial loss or any 
        other loss to any person. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 36.  Minnesota Statutes 2004, section 609.527, 
        subdivision 6, is amended to read: 
           Subd. 6.  [VENUE.] Notwithstanding anything to the contrary 
        in section 627.01, an offense committed under subdivision 2 or 
        5a may be prosecuted in: 
           (1) the county where the offense occurred; or 
           (2) the county of residence or place of business of the 
        direct victim or indirect victim; or 
           (3) in the case of a violation of subdivision 5a, the 
        county of residence of the person whose identity was obtained or 
        sought. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 37.  Minnesota Statutes 2004, section 609.531, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
        609.531 to 609.5318, the following terms have the meanings given 
        them.  
           (a) "Conveyance device" means a device used for 
        transportation and includes, but is not limited to, a motor 
        vehicle, trailer, snowmobile, airplane, and vessel and any 
        equipment attached to it.  The term "conveyance device" does not 
        include property which is, in fact, itself stolen or taken in 
        violation of the law.  
           (b) "Weapon used" means a dangerous weapon as defined under 
        section 609.02, subdivision 6, that the actor used or had in 
        possession in furtherance of a crime.  
           (c) "Property" means property as defined in section 609.52, 
        subdivision 1, clause (1).  
           (d) "Contraband" means property which is illegal to possess 
        under Minnesota law.  
           (e) "Appropriate agency" means the Bureau of Criminal 
        Apprehension, the Minnesota Division of Driver and Vehicle 
        Services, the Minnesota State Patrol, a county sheriff's 
        department, the Suburban Hennepin Regional Park District park 
        rangers, the Department of Natural Resources Division of 
        Enforcement, the University of Minnesota Police Department, or a 
        city or airport police department.  
           (f) "Designated offense" includes:  
           (1) for weapons used:  any violation of this chapter, 
        chapter 152, or chapter 624; 
           (2) for driver's license or identification card 
        transactions:  any violation of section 171.22; and 
           (3) for all other purposes:  a felony violation of, or a 
        felony-level attempt or conspiracy to violate, section 325E.17; 
        325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
        609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282; 
        609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 
        609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision 
        1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1, 
        clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 
        609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 
        609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 
        609.59; 609.595; 609.631; 609.66, subdivision 1e; 609.671, 
        subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 
        609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a 
        gross misdemeanor or felony violation of section 609.891 or 
        624.7181; or any violation of section 609.324. 
           (g) "Controlled substance" has the meaning given in section 
        152.01, subdivision 4.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 38.  Minnesota Statutes 2004, section 609.5312, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [COMPUTERS AND RELATED PROPERTY SUBJECT TO 
        FORFEITURE.] (a) As used in this subdivision, "property" has the 
        meaning given in section 609.87, subdivision 6.  
           (b) When a computer or a component part of a computer is 
        used or intended for use to commit or facilitate the commission 
        of a designated offense, the computer and all software, data, 
        and other property contained in the computer are subject to 
        forfeiture unless prohibited by the Privacy Protection Act, 
        United States Code, title 42, sections 2000aa to 2000aa-12, or 
        other state or federal law.  
           (c) Regardless of whether a forfeiture action is initiated 
        following the lawful seizure of a computer and related property, 
        if the appropriate agency returns hardware, software, data, or 
        other property to the owner, the agency may charge the owner for 
        the cost of separating contraband from the computer or other 
        property returned, including salary and contract costs.  The 
        agency may not charge these costs to an owner of a computer or 
        related property who was not privy to the act or omission upon 
        which the seizure was based, or who did not have knowledge of or 
        consent to the act or omission, if the owner: 
           (1) requests from the agency copies of specified legitimate 
        data files and provides sufficient storage media; or 
           (2) requests the return of a computer or other property 
        less data storage devices on which contraband resides.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 39.  Minnesota Statutes 2004, section 609.5315, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DISPOSITION.] (a) Subject to paragraph 
        (b), if the court finds under section 609.5313, 609.5314, or 
        609.5318 that the property is subject to forfeiture, it shall 
        order the appropriate agency to do one of the following: 
           (1) unless a different disposition is provided under clause 
        (3) or (4), either destroy firearms, ammunition, and firearm 
        accessories that the agency decides not to use for law 
        enforcement purposes under clause (8), or sell them to federally 
        licensed firearms dealers, as defined in section 624.7161, 
        subdivision 1, and distribute the proceeds under subdivision 
        5 or 5b; 
           (2) sell property that is not required to be destroyed by 
        law and is not harmful to the public and distribute the proceeds 
        under subdivision 5 or 5b; 
           (3) sell antique firearms, as defined in section 624.712, 
        subdivision 3, to the public and distribute the proceeds under 
        subdivision 5 or 5b; 
           (4) destroy or use for law enforcement purposes 
        semiautomatic military-style assault weapons, as defined in 
        section 624.712, subdivision 7; 
           (5) take custody of the property and remove it for 
        disposition in accordance with law; 
           (6) forward the property to the federal drug enforcement 
        administration; 
           (7) disburse money as provided under subdivision 5 or 5b; 
        or 
           (8) keep property other than money for official use by the 
        agency and the prosecuting agency. 
           (b) Notwithstanding paragraph (a), the Hennepin or Ramsey 
        county sheriff may not sell firearms, ammunition, or firearms 
        accessories if the policy is disapproved by the applicable 
        county board. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 40.  Minnesota Statutes 2004, section 609.5315, is 
        amended by adding a subdivision to read: 
           Subd. 5b.  [DISPOSITION OF CERTAIN FORFEITED PROCEEDS; 
        TRAFFICKING OF PERSONS; REPORT REQUIRED.] (a) For forfeitures 
        resulting from violations of section 609.282, 609.283, or 
        609.322, the money or proceeds from the sale of forfeited 
        property, after payment of seizure, storage, forfeiture, and 
        sale expenses, and satisfaction of valid liens against the 
        property, must be distributed as follows: 
           (1) 40 percent of the proceeds must be forwarded to the 
        appropriate agency for deposit as a supplement to the agency's 
        operating fund or similar fund for use in law enforcement; 
           (2) 20 percent of the proceeds must be forwarded to the 
        county attorney or other prosecuting agency that handled the 
        forfeiture for deposit as a supplement to its operating fund or 
        similar fund for prosecutorial purposes; and 
           (3) the remaining 40 percent of the proceeds must be 
        forwarded to the commissioner of public safety and are 
        appropriated to the commissioner for distribution to crime 
        victims services organizations that provide services to victims 
        of trafficking offenses. 
           (b) By February 15 of each year, the commissioner of public 
        safety shall report to the chairs and ranking minority members 
        of the senate and house committees or divisions having 
        jurisdiction over criminal justice funding on the money 
        collected under paragraph (a), clause (3).  The report must 
        indicate the following relating to the preceding calendar year: 
           (1) the amount of money appropriated to the commissioner; 
           (2) how the money was distributed by the commissioner; and 
           (3) what the organizations that received the money did with 
        it.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 41.  Minnesota Statutes 2004, section 609.605, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MISDEMEANOR.] (a) The following terms have 
        the meanings given them for purposes of this section. 
           (i) "Premises" means real property and any appurtenant 
        building or structure. 
           (ii) "Dwelling" means the building or part of a building 
        used by an individual as a place of residence on either a 
        full-time or a part-time basis.  A dwelling may be part of a 
        multidwelling or multipurpose building, or a manufactured home 
        as defined in section 168.011, subdivision 8. 
           (iii) "Construction site" means the site of the 
        construction, alteration, painting, or repair of a building or 
        structure. 
           (iv) "Owner or lawful possessor," as used in paragraph (b), 
        clause (9), means the person on whose behalf a building or 
        dwelling is being constructed, altered, painted, or repaired and 
        the general contractor or subcontractor engaged in that work. 
           (v) "Posted," as used: 
           (A) in clause (9), means the placement of a sign at least 
        11 inches square in a conspicuous place on the exterior of the 
        building that is under construction, alteration, or repair, and 
        additional signs in at least two conspicuous places for each ten 
        acres being protected.  The sign must carry an appropriate 
        notice and the name of the person giving the notice, followed by 
        the word "owner" if the person giving the notice is the holder 
        of legal title to the land on which the construction site is 
        located or by the word "occupant" if the person giving the 
        notice is not the holder of legal title but is a lawful occupant 
        of the land; and 
           (B) in clause (10), means the placement of signs that: 
           (I) state "no trespassing" or similar terms; 
           (II) display letters at least two inches high; 
           (III) state that Minnesota law prohibits trespassing on the 
        property; and 
           (IV) are posted in a conspicuous place and at intervals of 
        500 feet or less. 
           (vi) "Business licensee," as used in paragraph (b), clause 
        (9), includes a representative of a building trades labor or 
        management organization. 
           (vii) "Building" has the meaning given in section 609.581, 
        subdivision 2. 
           (b) A person is guilty of a misdemeanor if the person 
        intentionally: 
           (1) permits domestic animals or fowls under the actor's 
        control to go on the land of another within a city; 
           (2) interferes unlawfully with a monument, sign, or pointer 
        erected or marked to designate a point of a boundary, line or a 
        political subdivision, or of a tract of land; 
           (3) trespasses on the premises of another and, without 
        claim of right, refuses to depart from the premises on demand of 
        the lawful possessor; 
           (4) occupies or enters the dwelling or locked or posted 
        building of another, without claim of right or consent of the 
        owner or the consent of one who has the right to give consent, 
        except in an emergency situation; 
           (5) enters the premises of another with intent to take or 
        injure any fruit, fruit trees, or vegetables growing on the 
        premises, without the permission of the owner or occupant; 
           (6) enters or is found on the premises of a public or 
        private cemetery without authorization during hours the cemetery 
        is posted as closed to the public; 
           (7) returns to the property of another with the intent to 
        abuse, disturb, or cause distress in or threaten another, after 
        being told to leave the property and not to return, if the actor 
        is without claim of right to the property or consent of one with 
        authority to consent; 
           (8) returns to the property of another within 30 days one 
        year after being told to leave the property and not to return, 
        if the actor is without claim of right to the property or 
        consent of one with authority to consent; or 
           (9) enters the locked or posted construction site of 
        another without the consent of the owner or lawful possessor, 
        unless the person is a business licensee; or 
           (10) enters the locked or posted aggregate mining site of 
        another without the consent of the owner or lawful possessor, 
        unless the person is a business licensee. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 42.  Minnesota Statutes 2004, section 609.605, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a 
        misdemeanor for a person to enter or be found in a public or 
        nonpublic elementary, middle, or secondary school building 
        unless the person: 
           (1) is an enrolled student in, a parent or guardian of an 
        enrolled student in, or an employee of the school or school 
        district; 
           (2) has permission or an invitation from a school official 
        to be in the building; 
           (3) is attending a school event, class, or meeting to which 
        the person, the public, or a student's family is invited; or 
           (4) has reported the person's presence in the school 
        building in the manner required for visitors to the school. 
           (b) It is a misdemeanor for a person to be on the roof of a 
        public or nonpublic elementary, middle, or secondary school 
        building unless the person has permission from a school official 
        to be on the roof of the building. 
           (c) It is a gross misdemeanor for a group of three or more 
        persons to enter or be found in a public or nonpublic 
        elementary, middle, or secondary school building unless one of 
        the persons: 
           (1) is an enrolled student in, a parent or guardian of an 
        enrolled student in, or an employee of the school or school 
        district; 
           (2) has permission or an invitation from a school official 
        to be in the building; 
           (3) is attending a school event, class, or meeting to which 
        the person, the public, or a student's family is invited; or 
           (4) has reported the person's presence in the school 
        building in the manner required for visitors to the school. 
           (c) (d) It is a misdemeanor for a person to enter or be 
        found on school property within six months one year after being 
        told by the school principal or the principal's designee to 
        leave the property and not to return, unless the principal or 
        the principal's designee has given the person permission to 
        return to the property.  As used in this paragraph, "school 
        property" has the meaning given in section 152.01, subdivision 
        14a, clauses (1) and (3). 
           (d) (e) A school principal or a school employee designated 
        by the school principal to maintain order on school property, 
        who has reasonable cause to believe that a person is violating 
        this subdivision may detain the person in a reasonable manner 
        for a reasonable period of time pending the arrival of a peace 
        officer.  A school principal or designated school employee is 
        not civilly or criminally liable for any action authorized under 
        this paragraph if the person's action is based on reasonable 
        cause. 
           (e) (f) A peace officer may arrest a person without a 
        warrant if the officer has probable cause to believe the person 
        violated this subdivision within the preceding four hours.  The 
        arrest may be made even though the violation did not occur in 
        the peace officer's presence. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 43.  Minnesota Statutes 2004, section 609.746, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SURREPTITIOUS INTRUSION; OBSERVATION 
        DEVICE.] (a) A person is guilty of a gross misdemeanor who: 
           (1) enters upon another's property; 
           (2) surreptitiously gazes, stares, or peeps in the window 
        or any other aperture of a house or place of dwelling of 
        another; and 
           (3) does so with intent to intrude upon or interfere with 
        the privacy of a member of the household. 
           (b) A person is guilty of a gross misdemeanor who: 
           (1) enters upon another's property; 
           (2) surreptitiously installs or uses any device for 
        observing, photographing, recording, amplifying, or broadcasting 
        sounds or events through the window or any other aperture of a 
        house or place of dwelling of another; and 
           (3) does so with intent to intrude upon or interfere with 
        the privacy of a member of the household. 
           (c) A person is guilty of a gross misdemeanor who: 
           (1) surreptitiously gazes, stares, or peeps in the window 
        or other aperture of a sleeping room in a hotel, as defined in 
        section 327.70, subdivision 3, a tanning booth, or other place 
        where a reasonable person would have an expectation of privacy 
        and has exposed or is likely to expose their intimate parts, as 
        defined in section 609.341, subdivision 5, or the clothing 
        covering the immediate area of the intimate parts; and 
           (2) does so with intent to intrude upon or interfere with 
        the privacy of the occupant. 
           (d) A person is guilty of a gross misdemeanor who: 
           (1) surreptitiously installs or uses any device for 
        observing, photographing, recording, amplifying, or broadcasting 
        sounds or events through the window or other aperture of a 
        sleeping room in a hotel, as defined in section 327.70, 
        subdivision 3, a tanning booth, or other place where a 
        reasonable person would have an expectation of privacy and has 
        exposed or is likely to expose their intimate parts, as defined 
        in section 609.341, subdivision 5, or the clothing covering the 
        immediate area of the intimate parts; and 
           (2) does so with intent to intrude upon or interfere with 
        the privacy of the occupant. 
           (e) A person is guilty of a gross misdemeanor felony and 
        may be sentenced to imprisonment for not more than two years or 
        to payment of a fine of not more than $5,000, or both, if the 
        person: 
           (1) violates this subdivision after a previous conviction 
        under this subdivision or section 609.749; or 
           (2) violates this subdivision against a minor under the age 
        of 16 18, knowing or having reason to know that the minor is 
        present. 
           (f) Paragraphs (b) and (d) do not apply to law enforcement 
        officers or corrections investigators, or to those acting under 
        their direction, while engaged in the performance of their 
        lawful duties.  Paragraphs (c) and (d) do not apply to conduct 
        in:  (1) a medical facility; or (2) a commercial establishment 
        if the owner of the establishment has posted conspicuous signs 
        warning that the premises are under surveillance by the owner or 
        the owner's employees. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 44.  Minnesota Statutes 2004, section 609.748, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RESTRAINING ORDER; JURISDICTION.] A person who 
        is a victim of harassment may seek a restraining order from the 
        district court in the manner provided in this section.  The 
        parent or, guardian, or stepparent of a minor who is a victim of 
        harassment may seek a restraining order from the district court 
        on behalf of the minor.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 45.  Minnesota Statutes 2004, section 609.748, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [FILING FEE; COST OF SERVICE.] The filing fees 
        for a restraining order under this section are waived for the 
        petitioner if the petition alleges acts that would constitute a 
        violation of section 609.749, subdivision 2 or 3, or sections 
        609.342 to 609.3451.  The court administrator and the sheriff of 
        any county in this state shall perform their duties relating to 
        service of process without charge to the petitioner.  The court 
        shall direct payment of the reasonable costs of service of 
        process if served by a private process server when the sheriff 
        is unavailable or if service is made by publication.  The court 
        may direct a respondent to pay to the court administrator the 
        petitioner's filing fees and reasonable costs of service of 
        process if the court determines that the respondent has the 
        ability to pay the petitioner's fees and costs. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 46.  Minnesota Statutes 2004, section 609.749, 
        subdivision 2, is amended to read: 
           Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
        who harasses another by committing any of the following acts is 
        guilty of a gross misdemeanor: 
           (1) directly or indirectly manifests a purpose or intent to 
        injure the person, property, or rights of another by the 
        commission of an unlawful act; 
           (2) stalks, follows, monitors, or pursues another, whether 
        in person or through technological or other means; 
           (3) returns to the property of another if the actor is 
        without claim of right to the property or consent of one with 
        authority to consent; 
           (4) repeatedly makes telephone calls, or induces a victim 
        to make telephone calls to the actor, whether or not 
        conversation ensues; 
           (5) makes or causes the telephone of another repeatedly or 
        continuously to ring; 
           (6) repeatedly mails or delivers or causes the delivery by 
        any means, including electronically, of letters, telegrams, 
        messages, packages, or other objects; or 
           (7) knowingly makes false allegations against a peace 
        officer concerning the officer's performance of official duties 
        with intent to influence or tamper with the officer's 
        performance of official duties. 
           (b) The conduct described in paragraph (a), clauses (4) and 
        (5), may be prosecuted at the place where any call is either 
        made or received or, additionally in the case of wireless or 
        electronic communication, where the actor or victim resides.  
        The conduct described in paragraph (a), clause (2), may be 
        prosecuted where the actor or victim resides.  The conduct 
        described in paragraph (a), clause (6), may be prosecuted where 
        any letter, telegram, message, package, or other object is 
        either sent or received or, additionally in the case of wireless 
        or electronic communication, where the actor or victim resides. 
           (c) A peace officer may not make a warrantless, custodial 
        arrest of any person for a violation of paragraph (a), clause 
        (7). 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 47.  Minnesota Statutes 2004, section 609.763, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AGGREGATION; JURISDICTION.] In a prosecution 
        under this section, the dollar amounts obtained involved in 
        violation of subdivision 1 within any 12-month period may be 
        aggregated and the defendant charged accordingly.  When two or 
        more offenses are committed by the same person in two or more 
        counties, the defendant may be prosecuted in any county in which 
        one of the offenses was committed for all of the offenses 
        aggregated under this subdivision. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 48.  Minnesota Statutes 2004, section 609.79, 
        subdivision 2, is amended to read: 
           Subd. 2.  [VENUE.] The offense may be prosecuted either at 
        the place where the call is made or where it is received or, 
        additionally in the case of wireless or electronic 
        communication, where the sender or receiver resides.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 49.  Minnesota Statutes 2004, section 609.795, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [VENUE.] The offense may be prosecuted either at 
        the place where the letter, telegram, or package is sent or 
        received or, alternatively in the case of wireless electronic 
        communication, where the sender or receiver resides. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 50.  [609.849] [RAILROAD THAT OBSTRUCTS TREATMENT OF 
        AN INJURED WORKER.] 
           (a) It shall be unlawful for a railroad or person employed 
        by a railroad negligently or intentionally to: 
           (1) deny, delay, or interfere with medical treatment or 
        first aid treatment to an employee of a railroad who has been 
        injured during employment; or 
           (2) discipline, harass, or intimidate an employee to 
        discourage the employee from receiving medical attention or 
        threaten to discipline an employee who has been injured during 
        employment for requesting medical treatment or first aid 
        treatment. 
           (b) Nothing in this section shall deny a railroad company 
        or railroad employee from making a reasonable inquiry of an 
        injured employee about the circumstance of an injury in order to 
        gather information necessary to identify a safety hazard. 
           (c) It is not a violation under this section for a railroad 
        company or railroad employee to enforce safety regulations. 
           (d) A railroad or a person convicted of a violation of 
        paragraph (a), clause (1) or (2), is guilty of a gross 
        misdemeanor and may be sentenced to imprisonment for not more 
        than one year or to payment of a fine of not more than $3,000, 
        or both. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 51.  [609.896] [CRIMINAL USE OF REAL PROPERTY.] 
           Subdivision 1.  [DEFINITIONS.] For the purposes of this 
        section, the following terms have the meanings given them. 
           (a) "Audiovisual recording function" means the capability 
        of a device to record or transmit a motion picture or any part 
        of a motion picture by means of any technology now known or 
        later developed. 
           (b) "Convicted" includes a conviction for a similar offense 
        under the law of another state or the federal government. 
           (c) "Motion picture theater" means a movie theater, 
        screening room, or other venue when used primarily for the 
        exhibition of a motion picture. 
           Subd. 2.  [CRIME.] (a) Any person in a motion picture 
        theater while a motion picture is being exhibited who knowingly 
        operates an audiovisual recording function of a device without 
        the consent of the owner or lessee of the motion picture theater 
        is guilty of criminal use of real property. 
           (b) If a person is convicted of a first offense, it is a 
        misdemeanor. 
           (c) If a person is convicted of a second offense, it is a 
        gross misdemeanor. 
           (d) If a person is convicted of a third or subsequent 
        offense, it is a felony and the person may be sentenced to 
        imprisonment for not more than two years or to payment of a fine 
        of not more than $4,000, or both. 
           Subd. 3.  [DETAINING SUSPECTS.] An owner or lessee of a 
        motion picture theater is a merchant for purposes of section 
        629.366. 
           Subd. 4.  [EXCEPTION.] This section does not prevent any 
        lawfully authorized investigative, law enforcement protective, 
        or intelligence gathering employee or agent of the state or 
        federal government from operating any audiovisual recording 
        device in a motion picture theater where a motion picture is 
        being exhibited, as part of lawfully authorized investigative, 
        law enforcement protective, or intelligence gathering activities.
           Subd. 5.  [NOT PRECLUDE ALTERNATIVE PROSECUTION.] Nothing 
        in this section prevents prosecution under any other provision 
        of law. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 52.  Minnesota Statutes 2004, 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.  
           (d) (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. 
           (e) (f) Notwithstanding the limitations in paragraph 
        (d) (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. 
           (f) (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. 
           (g) (h) Indictments or complaints for violation of section 
        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. 
           (h) (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.  
           (i) (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. 
           (j) (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. 
           (k) (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. 
           (l) (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. 
           (m) (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, 2005, 
        and applies to crimes committed on or after that date.  
           Sec. 53.  [REPEALER.] 
           Minnesota Statutes 2004, section 609.725, is repealed.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 

                                   ARTICLE 18
                         DWI AND TRAFFIC SAFETY POLICY
           Section 1.  Minnesota Statutes 2004, section 169.06, is 
        amended by adding a subdivision to read: 
           Subd. 5b.  [POSSESSION OF OVERRIDE DEVICE.] (a) For 
        purposes of this subdivision, "traffic signal-override device" 
        means a device located in a motor vehicle that permits 
        activation of a traffic signal-override system described in 
        subdivision 5a. 
           (b) No person may operate a motor vehicle that contains a 
        traffic signal-override device, other than: 
           (1) an authorized emergency vehicle described in section 
        169.01, subdivision 5, clause (1), (2), or (3); 
           (2) a vehicle, including a rail vehicle, engaged in 
        providing bus rapid transit service or light rail transit 
        service; 
           (3) a signal maintenance vehicle of a road authority; or 
           (4) a vehicle authorized to contain such a device by order 
        of the commissioner of public safety. 
           (c) No person may possess a traffic signal-override device, 
        other than: 
           (1) a person authorized to operate a vehicle described in 
        paragraph (b), clauses (1) and (2), but only for use in that 
        vehicle; 
           (2) a person authorized by a road authority to perform 
        signal maintenance, while engaged in such maintenance; or 
           (3) a person authorized by order of the commissioner of 
        public safety to possess a traffic signal-override device, but 
        only to the extent authorized in the order. 
           (d) A violation of this subdivision is a misdemeanor. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 2.  Minnesota Statutes 2004, section 169A.275, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SECOND OFFENSE.] (a) The court shall 
        sentence a person who is convicted of a violation of section 
        169A.20 (driving while impaired) within ten years of a qualified 
        prior impaired driving incident to either:  
           (1) a minimum of 30 days of incarceration, at least 48 
        hours of which must be served consecutively in a local 
        correctional facility; or 
           (2) eight hours of community work service for each day less 
        than 30 days that the person is ordered to serve in a local 
        correctional facility.  
        Notwithstanding section 609.135 (stay of imposition or execution 
        of sentence), the penalties in this paragraph must be executed, 
        unless the court departs from the mandatory minimum sentence 
        under paragraph (b) or (c). 
           (b) Prior to sentencing, the prosecutor may file a motion 
        to have a defendant described in paragraph (a) sentenced without 
        regard to the mandatory minimum sentence established by that 
        paragraph.  The motion must be accompanied by a statement on the 
        record of the reasons for it.  When presented with the 
        prosecutor's motion and if it finds that substantial mitigating 
        factors exist, the court shall sentence the defendant without 
        regard to the mandatory minimum sentence established by 
        paragraph (a).  
           (c) The court may, on its own motion, sentence a defendant 
        described in paragraph (a) without regard to the mandatory 
        minimum sentence established by that paragraph if it finds that 
        substantial mitigating factors exist and if its sentencing 
        departure is accompanied by a statement on the record of the 
        reasons for it.  The court also may sentence the defendant 
        without regard to the mandatory minimum sentence established by 
        paragraph (a) if the defendant is sentenced to probation and 
        ordered to participate in a program established under section 
        169A.74 (pilot programs of intensive probation for repeat DWI 
        offenders). 
           (d) When any portion of the sentence required by paragraph 
        (a) is not executed, the court should impose a sentence that is 
        proportional to the extent of the offender's prior criminal and 
        moving traffic violation record.  Any sentence required under 
        paragraph (a) must include a mandatory sentence that is not 
        subject to suspension or a stay of imposition or execution, and 
        that includes incarceration for not less than 48 consecutive 
        hours or at least 80 hours of community work service. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to crimes committed on or after that date. 
           Sec. 3.  Minnesota Statutes 2004, section 169A.52, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TEST FAILURE; LICENSE REVOCATION.] (a) Upon 
        certification by the peace officer that there existed probable 
        cause to believe the person had been driving, operating, or in 
        physical control of a motor vehicle in violation of section 
        169A.20 (driving while impaired) and that the person submitted 
        to a test and the test results indicate an alcohol concentration 
        of 0.08 or more or the presence of a controlled substance listed 
        in schedule I or II, other than marijuana or 
        tetrahydrocannabinols, then the commissioner shall revoke the 
        person's license or permit to drive, or nonresident operating 
        privilege: 
           (1) for a period of 90 days; 
           (2) if the person is under the age of 21 years, for a 
        period of six months; 
           (3) for a person with a qualified prior impaired driving 
        incident within the past ten years, for a period of 180 days; or 
           (4) if the test results indicate an alcohol concentration 
        of 0.20 or more, for twice the applicable period in clauses (1) 
        to (3). 
           (b) On certification by the peace officer that there 
        existed probable cause to believe the person had been driving, 
        operating, or in physical control of a commercial motor vehicle 
        with any presence of alcohol and that the person submitted to a 
        test and the test results indicated an alcohol concentration of 
        0.04 or more, the commissioner shall disqualify the person from 
        operating a commercial motor vehicle under section 171.165 
        (commercial driver's license disqualification).  
           (c) If the test is of a person's blood or urine by a 
        laboratory operated by the Bureau of Criminal Apprehension, or 
        authorized by the bureau to conduct the analysis of a blood or 
        urine sample, the laboratory may directly certify to the 
        commissioner the test results, and the peace officer shall 
        certify to the commissioner that there existed probable cause to 
        believe the person had been driving, operating, or in physical 
        control of a motor vehicle in violation of section 169A.20 and 
        that the person submitted to a test.  Upon receipt of both 
        certifications, the commissioner shall undertake the license 
        actions described in paragraphs (a) and (b). 
           [EFFECTIVE DATE.] This section is effective August 1, 2006, 
        and applies to blood and urine test samples analyzed on or after 
        that date. 
           Sec. 4.  Minnesota Statutes 2004, section 169A.53, 
        subdivision 3, is amended to read: 
           Subd. 3.  [JUDICIAL 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 0.08 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 0.08 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 the day 
        following final enactment. 
           Sec. 5.  Minnesota Statutes 2004, section 169A.60, 
        subdivision 10, is amended to read: 
           Subd. 10.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
        days following receipt of a notice and order of impoundment 
        under this section, a person may petition the court for review.  
        The petition must include proof of service of a copy of the 
        petition on the commissioner.  The petition must include the 
        petitioner's date of birth, driver's license number, and date of 
        the plate impoundment violation, as well as the name of the 
        violator and the law enforcement agency that issued the plate 
        impoundment order.  The petition must state with specificity the 
        grounds upon which the petitioner seeks rescission of the order 
        for impoundment.  The petition may be combined with any petition 
        filed under section 169A.53 (administrative and judicial review 
        of license revocation). 
           (b) Except as otherwise provided in this section, the 
        judicial review and hearing are governed by section 169A.53 and 
        must take place at the same time as any judicial review of the 
        person's license revocation under section 169A.53.  The filing 
        of the petition does not stay the impoundment order.  The 
        reviewing court may order a stay of the balance of the 
        impoundment period if the hearing has not been conducted within 
        60 days after filing of the petition upon terms the court deems 
        proper.  The court shall order either that the impoundment be 
        rescinded or sustained, and forward the order to the 
        commissioner.  The court shall file its order within 14 days 
        following the hearing. 
           (c) In addition to the issues described in section 169A.53, 
        subdivision 3 (judicial review of license revocation), the scope 
        of a hearing under this subdivision is limited to: 
           (1) whether the violator owns, is the registered owner of, 
        possesses, or has access to the vehicle used in the plate 
        impoundment violation; 
           (2) whether a member of the violator's household has a 
        valid driver's license, the violator or registered owner has a 
        limited license issued under section 171.30, the registered 
        owner is not the violator, and the registered owner has a valid 
        or limited driver's license, or a member of the registered 
        owner's household has a valid driver's license; and 
           (3) if the impoundment is based on a plate impoundment 
        violation described in subdivision 1, paragraph (c) (d), clause 
        (3) or (4), whether the peace officer had probable cause to 
        believe the violator committed the plate impoundment violation 
        and whether the evidence demonstrates that the plate impoundment 
        violation occurred; and 
           (2) for all other cases, whether the peace officer had 
        probable cause to believe the violator committed the plate 
        impoundment violation. 
           (d) In a hearing under this subdivision, the following 
        records are admissible in evidence: 
           (1) certified copies of the violator's driving record; and 
           (2) certified copies of vehicle registration records 
        bearing the violator's name. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Sec. 6.  Minnesota Statutes 2004, section 169A.60, 
        subdivision 11, is amended to read: 
           Subd. 11.  [RESCISSION OF REVOCATION; AND DISMISSAL OR 
        ACQUITTAL; NEW PLATES.] If: 
           (1) the driver's license revocation that is the basis for 
        an impoundment order is rescinded; and 
           (2) the charges for the plate impoundment violation have 
        been dismissed with prejudice; or 
           (3) the violator has been acquitted of the plate 
        impoundment violation; 
        then the registrar of motor vehicles shall issue new 
        registration plates for the vehicle at no cost, when the 
        registrar receives an application that includes a copy of the 
        order rescinding the driver's license revocation, and either the 
        order dismissing the charges, or the judgment of acquittal. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 7.  Minnesota Statutes 2004, section 169A.63, 
        subdivision 8, is amended to read: 
           Subd. 8.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
        motor vehicle used to commit a designated offense or used in 
        conduct resulting in a designated license revocation is subject 
        to administrative forfeiture under this subdivision. 
           (b) When a motor vehicle is seized under subdivision 2, or 
        within a reasonable time after seizure, the appropriate agency 
        shall serve the driver or operator of the vehicle with a notice 
        of the seizure and intent to forfeit the vehicle.  Additionally, 
        when a motor vehicle is seized under subdivision 2, or within a 
        reasonable time after that, all persons known to have an 
        ownership, possessory, or security interest in the vehicle must 
        be notified of the seizure and the intent to forfeit the 
        vehicle.  For those vehicles required to be registered under 
        chapter 168, the notification to a person known to have a 
        security interest in the vehicle is required only if the vehicle 
        is registered under chapter 168 and the interest is listed on 
        the vehicle's title.  Notice mailed by certified mail to the 
        address shown in Department of Public Safety records is 
        sufficient notice to the registered owner of the vehicle.  For 
        motor vehicles not required to be registered under chapter 168, 
        notice mailed by certified mail to the address shown in the 
        applicable filing or registration for the vehicle is sufficient 
        notice to a person known to have an ownership, possessory, or 
        security interest in the vehicle.  Otherwise, notice may be 
        given in the manner provided by law for service of a summons in 
        a civil action. 
           (c) The notice must be in writing and contain: 
           (1) a description of the vehicle seized; 
           (2) the date of seizure; and 
           (3) notice of the right to obtain judicial review of the 
        forfeiture and of the procedure for obtaining that judicial 
        review, printed in English, Hmong, and Spanish.  Substantially 
        the following language must appear conspicuously:  "IF YOU DO 
        NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
        STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO 
        A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
        RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY.  YOU MAY NOT 
        HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
        UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR 
        LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT 
        HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 
        WORTH LESS THAN $500." 
           (d) Within 30 days following service of a notice of seizure 
        and forfeiture under this subdivision, a claimant may file a 
        demand for a judicial determination of the forfeiture.  The 
        demand must be in the form of a civil complaint and must be 
        filed with the court administrator in the county in which the 
        seizure occurred, together with proof of service of a copy of 
        the complaint on the prosecuting authority having jurisdiction 
        over the forfeiture, and the appropriate agency that initiated 
        the forfeiture, including the standard filing fee for civil 
        actions unless the petitioner has the right to sue in forma 
        pauperis under section 563.01.  If the value of the seized 
        property is $7,500 or less, the claimant may file an action in 
        conciliation court for recovery of the seized vehicle.  A copy 
        of the conciliation court statement of claim must be served 
        personally or by mail on the prosecuting authority having 
        jurisdiction over the forfeiture, as well as on the appropriate 
        agency that initiated the forfeiture, within 30 days following 
        service of the notice of seizure and forfeiture under this 
        subdivision.  If the value of the seized property is less than 
        $500, the claimant does not have to pay the conciliation court 
        filing fee.  
           No responsive pleading is required of the prosecuting 
        authority and no court fees may be charged for the prosecuting 
        authority's appearance in the matter.  The prosecuting authority 
        may appear for the appropriate agency.  Pleadings, filings, and 
        methods of service are governed by the Rules of Civil Procedure. 
           (e) The complaint must be captioned in the name of the 
        claimant as plaintiff and the seized vehicle as defendant, and 
        must state with specificity the grounds on which the claimant 
        alleges the vehicle was improperly seized, the claimant's 
        interest in the vehicle seized, and any affirmative defenses the 
        claimant may have.  Notwithstanding any law to the contrary, an 
        action for the return of a vehicle seized under this section may 
        not be maintained by or on behalf of any person who has been 
        served with a notice of seizure and forfeiture unless the person 
        has complied with this subdivision. 
           (f) If the claimant makes a timely demand for a judicial 
        determination under this subdivision, the forfeiture proceedings 
        must be conducted as provided under subdivision 9. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to forfeiture actions initiated on or after that 
        date. 
           Sec. 8.  Minnesota Statutes 2004, section 169A.70, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ASSESSMENT REPORT.] (a) The assessment report 
        must be on a form prescribed by the commissioner and shall 
        contain an evaluation of the convicted defendant concerning the 
        defendant's prior traffic and criminal record, characteristics 
        and history of alcohol and chemical use problems, and 
        amenability to rehabilitation through the alcohol safety 
        program.  The report is classified as private data on 
        individuals as defined in section 13.02, subdivision 12. 
           (b) The assessment report must include: 
           (1) a diagnosis of the nature of the offender's chemical 
        and alcohol involvement; 
           (2) an assessment of the severity level of the involvement; 
           (3) a recommended level of care for the offender in 
        accordance with the criteria contained in rules adopted by the 
        commissioner of human services under section 254A.03, 
        subdivision 3 (chemical dependency treatment rules); 
           (4) an assessment of the offender's placement needs; 
           (2) (5) recommendations for other appropriate remedial 
        action or care, including aftercare services in section 254B.01, 
        subdivision 3, that may consist of educational programs, 
        one-on-one counseling, a program or type of treatment that 
        addresses mental health concerns, or a combination of them; or 
        and 
           (3) (6) a specific explanation why no level of care or 
        action was recommended, if applicable.  
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to chemical use assessments made on or after that 
        date. 
           Sec. 9.  Minnesota Statutes 2004, section 169A.70, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [METHOD OF ASSESSMENT.] (a) As used in this 
        subdivision, "collateral contact" means an oral or written 
        communication initiated by an assessor for the purpose of 
        gathering information from an individual or agency, other than 
        the offender, to verify or supplement information provided by 
        the offender during an assessment under this section.  The term 
        includes contacts with family members and criminal justice 
        agencies. 
           (b) An assessment conducted under this section must include 
        at least one personal interview with the offender designed to 
        make a determination about the extent of the offender's past and 
        present chemical and alcohol use or abuse.  It must also include 
        collateral contacts and a review of relevant records or reports 
        regarding the offender including, but not limited to, police 
        reports, arrest reports, driving records, chemical testing 
        records, and test refusal records.  If the offender has a 
        probation officer, the officer must be the subject of a 
        collateral contact under this subdivision.  If an assessor is 
        unable to make collateral contacts, the assessor shall specify 
        why collateral contacts were not made. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to chemical use assessments made on or after that 
        date. 
           Sec. 10.  Minnesota Statutes 2004, section 169A.70, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [PRECONVICTION ASSESSMENT.] (a) The court may not 
        accept a chemical use assessment conducted before conviction as 
        a substitute for the assessment required by this section unless 
        the court ensures that the preconviction assessment meets the 
        standards described in this section. 
           (b) If the commissioner of public safety is making a 
        decision regarding reinstating a person's driver's license based 
        on a chemical use assessment, the commissioner shall ensure that 
        the assessment meets the standards described in this section. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005, 
        and applies to chemical use assessments made on or after that 
        date. 
           Sec. 11.  Minnesota Statutes 2004, section 171.09, is 
        amended to read: 
           171.09 [DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.] 
           Subdivision 1.  [AUTHORITY; VIOLATIONS.] (a) The 
        commissioner shall have the authority, when good cause appears, 
        to impose restrictions suitable to the licensee's driving 
        ability or such other restrictions applicable to the licensee as 
        the commissioner may determine to be appropriate to assure the 
        safe operation of a motor vehicle by the licensee.  The 
        commissioner may, upon receiving satisfactory evidence of any 
        violation of the restrictions of the license, suspend or revoke 
        the license.  A license suspension under this section is subject 
        to section 171.18, subdivisions 2 and 3. 
           (b) A person who drives, operates, or is in physical 
        control of a motor vehicle while in violation of the 
        restrictions imposed in a restricted driver's license issued to 
        that person under paragraph (a) is guilty of a crime as follows: 
           (1) if the restriction relates to the possession or 
        consumption of alcohol or controlled substances, the person is 
        guilty of a gross misdemeanor; or 
           (2) if the restriction relates to another matter, the 
        person is guilty of a misdemeanor.  
           Subd. 2.  [NO-ALCOHOL RESTRICTION.] (a) Upon proper 
        application by a person having a valid driver's license 
        containing the restriction that the person must consume no 
        alcohol and whose driving record contains no impaired driving 
        incident within the past ten years, the commissioner must issue 
        to the person a duplicate driver's license that does not show 
        that restriction.  Such issuance of a duplicate license does not 
        rescind the no-alcohol restriction on the recipient's driving 
        record.  "Impaired driving incident" has the meaning given in 
        section 169A.03, subdivision 22. 
           (b) Upon the issuance of a duplicate license to a person 
        under paragraph (a), the no-alcohol restriction on the person's 
        driving record is classified as private data on individuals, as 
        defined in section 13.02, subdivision 12, but may be provided to 
        requesting law enforcement agencies, probation and parole 
        agencies, and courts. 
           [EFFECTIVE DATE.] This section is effective July 1, 2005, 
        and expires on July 1, 2006. 
           Sec. 12.  Minnesota Statutes 2004, section 171.20, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REINSTATEMENT FEE.] (a) Before the license is 
        reinstated, (1) a person whose driver's license has been 
        suspended under section 171.16, subdivision subdivisions 2 and 
        3; 171.18, except subdivision 1, clause (10); or 171.182, or who 
        has been disqualified from holding a commercial driver's license 
        under section 171.165, and (2) a person whose driver's license 
        has been suspended under section 171.186 and who is not exempt 
        from such a fee, must pay a fee of $20.  
           (b) Before the license is reinstated, a person whose 
        license has been suspended under sections 169.791 to 169.798 
        must pay a $20 reinstatement fee. 
           (c) When fees are collected by a licensing agent appointed 
        under section 171.061, a handling charge is imposed in the 
        amount specified under section 171.061, subdivision 4.  The 
        reinstatement fee and surcharge must be deposited in an approved 
        state depository as directed under section 171.061, subdivision 
        4.  
           (d) Reinstatement fees collected under paragraph (a) for 
        suspensions under sections 171.16, subdivision 3, and 171.18, 
        subdivision 1, clause (10), shall be deposited in the special 
        revenue fund and are appropriated to the Peace Officer Standards 
        and Training Board for peace officer training reimbursement to 
        local units of government. 
           (e) A suspension may be rescinded without fee for good 
        cause.  
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 13.  Minnesota Statutes 2004, section 171.26, is 
        amended to read: 
           171.26 [MONEY CREDITED TO FUNDS.] 
           All money received under this chapter must be paid into the 
        state treasury and credited to the trunk highway fund, except as 
        provided in sections 171.06, subdivision 2a; 171.07, subdivision 
        11, paragraph (g); 171.12, subdivision 8; 171.20, subdivision 4, 
        paragraph (d); and 171.29, subdivision 2, paragraph (b). 
           [EFFECTIVE DATE.] This section is effective July 1, 2005. 
           Sec. 14.  Minnesota Statutes 2004, section 171.30, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [OTHER WAITING PERIODS.] Notwithstanding 
        subdivision 2, a limited license shall not be issued for a 
        period of: 
           (1) 15 days, to a person whose license or privilege has 
        been revoked or suspended for a violation of section 169A.20, 
        sections 169A.50 to 169A.53, or a statute or ordinance from 
        another state in conformity with either of those sections; 
           (2) 90 days, to a person who submitted to testing under 
        sections 169A.50 to 169A.53 if the person's license or privilege 
        has been revoked or suspended for a second violation within ten 
        years or a third or subsequent violation of section 169A.20, 
        sections 169A.50 to 169A.53, or a statute or ordinance from 
        another state in conformity with either of those sections; 
           (3) 180 days, to a person who refused testing under 
        sections 169A.50 to 169A.53 if the person's license or privilege 
        has been revoked or suspended for a second violation within ten 
        years or a third or subsequent violation of sections 169A.20, 
        169A.50 to 169A.53, or a statute or ordinance from another state 
        in conformity with either of those sections; or 
           (4) one year, to a person whose license or privilege has 
        been revoked or suspended for committing manslaughter resulting 
        from the operation of a motor vehicle, committing criminal 
        vehicular homicide or injury under section 609.21, or violating 
        a statute or ordinance from another state in conformity with 
        either of those offenses. 
           Sec. 15.  [STATEWIDE DWI TASK FORCE STUDY; DRIVER'S LICENSE 
        SANCTIONS.] 
           The Statewide DWI Task Force is requested to review and 
        make recommendations on issues related to the "no-alcohol" 
        restriction on a driver's license, commonly known as the 
        "B-Card" license, including whether the restriction should be 
        removed after a ten-year or greater period of compliance, 
        whether the restrictions should remain on the driver's record 
        but not on the actual driver's license, and any other related 
        issues.  The task force may consult with knowledgeable parties 
        when conducting the review.  If the DWI Task Force completes the 
        review, it is requested to submit its recommendations to the 
        chairs and ranking minority members of the senate and house 
        committees having jurisdiction over criminal justice policy by 
        January 15, 2006.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 16.  [REPEALER.] 
           Laws 2004, chapter 283, section 14, is repealed. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Presented to the governor May 31, 2005 
           Signed by the governor June 2, 2005, 3:20 p.m.

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