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1995 Minnesota Session Laws

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                            CHAPTER 244-H.F.No. 980 
                  An act relating to crime; clarifying language relating 
                  to controlled substance and certain other crimes; 
                  clarifying the elements of murder in the first degree, 
                  witness tampering, and burglary in the first degree; 
                  providing that a motor vehicle is subject to 
                  forfeiture if it was used to flee a peace officer in 
                  violation of law; providing procedures for prosecuting 
                  attorneys to follow when filing complaints against 
                  owners whose buildings are alleged nuisances; amending 
                  the elements of manslaughter in the first degree, 
                  manslaughter in the second degree, and receiving 
                  profits from prostitution; requiring reports on wounds 
                  received from gunshots; expanding the definition of 
                  electronic incapacitation device and increasing the 
                  penalty for its unauthorized use; authorizing 
                  sentencing courts to order the payment of restitution 
                  to victim assistance programs; providing penalties for 
                  engaging in certain acts relating to civil disorders; 
                  clarifying the definition of "theft"; clarifying the 
                  prerequisites for obtaining a search warrant; adding a 
                  fine provision to the terroristic threats crime; 
                  authorizing peace officers to detain probationers 
                  based on an order from the chief executive officer of 
                  a community corrections agency; requiring certain 
                  information to be gathered from crime victims and 
                  presented at bail hearings; requiring notification to 
                  certain victims of bail hearings; requiring 
                  notification to local law enforcement agencies of the 
                  pretrial release of certain defendants; codifying the 
                  establishment of a criminal alert network; prohibiting 
                  the dissemination of false or misleading information 
                  on the criminal alert network; clarifying procedures 
                  governing disposition of seized animals; providing 
                  penalties; amending Minnesota Statutes 1994, sections 
                  152.021, subdivision 3; 152.022, subdivision 3; 
                  152.023, subdivision 3; 152.024, subdivision 3; 
                  152.025, subdivision 3; 343.235; 343.29, subdivision 
                  1; 401.02, subdivision 4; 609.10; 609.125; 609.185; 
                  609.20; 609.205; 609.323, subdivisions 2, 3, and by 
                  adding a subdivision; 609.498, subdivision 1; 609.52, 
                  subdivision 1; 609.5312, by adding a subdivision; 
                  609.582, subdivision 1; 609.713, subdivisions 1 and 2; 
                  617.80, subdivisions 2, 4, 5, 8, and by adding a 
                  subdivision; 617.81, subdivision 2, and by adding a 
                  subdivision; 617.82; 617.85; 624.731, subdivisions 1 
                  and 8; 626.13; 626.53; and 629.715, subdivision 1; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapters 299A; 609; and 629; repealing Minnesota 
                  Statutes 1994, sections 617.81, subdivisions 2a and 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 152.021, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PENALTY.] (a) A person convicted under 
        subdivision 1 or 2 may be sentenced to imprisonment for not more 
        than 30 years or to payment of a fine of not more than 
        $1,000,000, or both. 
           (b) If the conviction is a subsequent controlled substance 
        conviction, a person convicted under subdivision 1 or 2 shall be 
        committed to the commissioner of corrections for not less than 
        four years nor more than 40 years or and, in addition, may be 
        sentenced to payment of a fine of not more than $1,000,000, or 
        both. 
           (c) In a prosecution under subdivision 1 involving sales by 
        the same person in two or more counties within a 90-day period, 
        the person may be prosecuted for all of the sales in any county 
        in which one of the sales occurred. 
           Sec. 2.  Minnesota Statutes 1994, section 152.022, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PENALTY.] (a) A person convicted under 
        subdivision 1 or 2 may be sentenced to imprisonment for not more 
        than 25 years or to payment of a fine of not more than $500,000, 
        or both. 
           (b) If the conviction is a subsequent controlled substance 
        conviction, a person convicted under subdivision 1 or 2 shall be 
        committed to the commissioner of corrections for not less than 
        three years nor more than 40 years or and, in addition, may be 
        sentenced to payment of a fine of not more than $500,000, or 
        both.  
           (c) In a prosecution under subdivision 1 involving sales by 
        the same person in two or more counties within a 90-day period, 
        the person may be prosecuted for all of the sales in any county 
        in which one of the sales occurred. 
           Sec. 3.  Minnesota Statutes 1994, section 152.023, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PENALTY.] (a) A person convicted under 
        subdivision 1 or 2 may be sentenced to imprisonment for not more 
        than 20 years or to payment of a fine of not more than $250,000, 
        or both. 
           (b) If the conviction is a subsequent controlled substance 
        conviction, a person convicted under subdivision 1 or 2 shall be 
        committed to the commissioner of corrections for not less than 
        two years nor more than 30 years or and, in addition, may be 
        sentenced to payment of a fine of not more than $250,000, or 
        both. 
           Sec. 4.  Minnesota Statutes 1994, section 152.024, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PENALTY.] (a) A person convicted under 
        subdivision 1 or 2 may be sentenced to imprisonment for not more 
        than 15 years or to payment of a fine of not more than $100,000, 
        or both. 
           (b) If the conviction is a subsequent controlled substance 
        conviction, a person convicted under subdivision 1 or 2 shall be 
        committed to the commissioner of corrections or to a local 
        correctional authority for not less than one year nor more than 
        30 years or and, in addition, may be sentenced to payment of a 
        fine of not more than $100,000, or both. 
           Sec. 5.  Minnesota Statutes 1994, section 152.025, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PENALTY.] (a) A person convicted under 
        subdivision 1 or 2 may be sentenced to imprisonment for not more 
        than five years or to payment of a fine of not more than 
        $10,000, or both. 
           (b) If the conviction is a subsequent controlled substance 
        conviction, a person convicted under subdivision 1 or 2 shall be 
        committed to the commissioner of corrections or to a local 
        correctional authority for not less than six months nor more 
        than ten years or and, in addition, may be sentenced to payment 
        of a fine of not more than $20,000, or both. 
           Sec. 6.  [299A.61] [CRIMINAL ALERT NETWORK.] 
           The commissioner of public safety, in cooperation with the 
        commissioner of administration, shall develop and maintain an 
        integrated criminal alert network to facilitate the 
        communication of crime prevention information by electronic 
        means among state agencies, law enforcement officials, and the 
        private sector.  The network shall disseminate data regarding 
        the commission of crimes, including information on missing and 
        endangered children, and attempt to reduce theft and other crime 
        by the use of electronic transmission of information. 
           Sec. 7.  Minnesota Statutes 1994, section 343.235, is 
        amended to read: 
           343.235 [DISPOSITION OF SEIZED ANIMALS.] 
           Subdivision 1.  [GENERAL RULE.] An animal taken into 
        custody under section 343.22 or 343.29 may be humanely disposed 
        of at the discretion of the jurisdiction having custody of the 
        animal seven ten days after the animal is taken into custody, 
        provided that the procedures in subdivision 3 are followed.  An 
        animal raised for food or fiber products may not be seized or 
        disposed of without prior examination by a licensed veterinarian 
        pursuant to a warrant issued by a judge.  
           Subd. 2.  [SECURITY.] A person claiming an interest in an 
        animal in custody under subdivision 1 may prevent disposition of 
        the animal by posting a bond or security in an amount sufficient 
        to provide for the animal's actual costs of care and keeping for 
        at least 30 days, inclusive of the date on which the animal was 
        taken into custody.  Even if a bond or security is posted, the 
        authority having custody of the animal may humanely dispose of 
        the animal at the end of the time for which expenses of care and 
        keeping are covered by the bond or security, unless there is a 
        court order prohibiting the disposition.  The order must provide 
        for a bond or other security in the amount necessary to protect 
        the authority having custody of the animal from any cost of the 
        care, keeping, or disposal of the animal.  The security must be 
        posted within ten days of the seizure inclusive of the date of 
        the seizure. 
           Subd. 3.  [NOTICE; RIGHT TO HEARING.] (a) The authority 
        taking custody of an animal under section 343.22 or 343.29 shall 
        give notice of this section by delivering or mailing it to a 
        person claiming an interest in the animal or by posting a copy 
        of it at the place where the animal is taken into custody or by 
        delivering it to a person residing on the property, and 
        telephoning, if possible.  The notice must include: 
           (1) 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, 
        telephone number, and contact person where the animal is kept; 
           (2) a statement that a person claiming an interest in the 
        animal may post security to prevent disposition of the animal 
        and may request a hearing concerning the seizure or impoundment 
        and that failure to do so within ten days of the date of the 
        notice will result in disposition of the animal; and 
           (3) a statement that all actual costs of the care, keeping, 
        and disposal of the animal are the responsibility of the person 
        claiming an interest in 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 under this subdivision. 
           (b) Upon request of a person claiming an interest in the 
        animal, which request must be made within ten days of the date 
        of seizure, a hearing must be held within five business days of 
        the request, to determine the validity of the seizure and 
        impoundment.  If the seizure was done pursuant to a warrant 
        under section 343.22, the hearing must be conducted by the judge 
        who issued the warrant.  If the seizure was done under section 
        343.29, the municipality taking custody of the animal or, in the 
        case of a humane society, the municipality from which the animal 
        was seized, may either (1) authorize a licensed veterinarian 
        with no financial interest in the matter or professional 
        association with either party or (2) use the services of a 
        hearing officer to conduct the hearing.  A person claiming an 
        interest in the animal who is aggrieved by a decision of a 
        hearing officer under this subdivision may seek a court order 
        governing the seizure or impoundment within five days of notice 
        of the order. 
           (c) The judge or hearing officer may authorize the return 
        of the animal, if the judge or hearing officer finds that: 
           (1) the animal is physically fit; and 
           (2) the person claiming an interest in the animal can and 
        will provide the care required by law for the animal. 
           (d) 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 return of the animal to the person. 
           Sec. 8.  Minnesota Statutes 1994, section 343.29, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DELIVERY TO SHELTER.] Any peace officer, 
        animal control officer, or agent of the federation or county or 
        district societies for the prevention of cruelty, may remove, 
        shelter, and care for any animal which is not properly sheltered 
        from cold, hot, or inclement weather or any animal not properly 
        fed and watered, or provided with suitable food and drink in 
        circumstances that threaten the life of the animal.  When 
        necessary, a peace officer, animal control officer, or agent may 
        deliver the animal to another person to be sheltered and cared 
        for, and furnished with suitable food and drink.  In all cases, 
        the owner, if known, shall be immediately notified as provided 
        in section 343.235, subdivision 3, and the person having 
        possession of the animal, shall have a lien thereon for 
        its actual costs of care and keeping and the expenses of the 
        notice.  If the owner or custodian is unknown and cannot by 
        reasonable effort be ascertained, or does not, within seven ten 
        days after notice, redeem the animal by paying the expenses 
        authorized by this subdivision, the animal may be disposed of as 
        provided in section 343.235. 
           Sec. 9.  Minnesota Statutes 1994, section 401.02, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DETAINING PERSON ON CONDITIONAL RELEASE OR 
        PROBATION.] (a) The written order of the chief executive officer 
        or designee of a community corrections agency established under 
        this chapter is sufficient authority for peace officers and 
        probation officers serving the district and juvenile courts 
        of participating counties participating in the subsidy program 
        established by this chapter may, without order or warrant, when 
        it appears necessary to prevent escape or enforce discipline, to 
        take and detain a probationer, or any person on conditional 
        release and bring that person before the court or the 
        commissioner of corrections or a designee, whichever is 
        appropriate, for disposition.  No probationer or other person on 
        conditional release shall be detained more than 72 hours, 
        exclusive of legal holidays, Saturdays and Sundays, pursuant to 
        this subdivision without being provided with the opportunity for 
        a hearing before the court or the commissioner of corrections or 
        a designee.  
           (b) The written order of the chief executive officer or 
        designee of a community corrections agency established under 
        this chapter is sufficient authority for probation officers 
        serving the district and juvenile courts of participating 
        counties to release within 72 hours, exclusive of legal 
        holidays, Saturdays, and Sundays, without appearance before the 
        court or the commissioner of corrections or a designee, any 
        person detained pursuant to paragraph (a). 
           (c) When providing supervision and other correctional 
        services to persons conditionally released pursuant to sections 
        241.26, 242.19, 243.05, 243.16, 244.05, and 244.065, including 
        intercounty transfer of persons on conditional release, and the 
        conduct of presentence investigations, participating counties 
        shall comply with the policies and procedures relating thereto 
        as prescribed by the commissioner of corrections.  
           (b) (d) The written order of the chief executive officer or 
        designee of a community corrections agency established under 
        this chapter is sufficient authority for any peace officer or 
        county probation officer to take and place in actual custody any 
        person under sentence or on probation who: 
           (1) fails to report to serve a sentence at a local 
        correctional facility, as defined in section 241.021, 
        subdivision 1; 
           (2) fails to return from furlough or authorized temporary 
        release from a local correctional facility; 
           (3) escapes from a local correctional facility; or 
           (4) absconds from court-ordered home detention. 
           (c) (e) The written order of the chief executive officer or 
        designee of a community corrections agency established under 
        this chapter is sufficient authority for any peace officer or 
        county probation officer to take and place in actual custody any 
        person on a court authorized pretrial release who absconds from 
        pretrial release or fails to abide by the conditions of pretrial 
        release. 
           Sec. 10.  Minnesota Statutes 1994, section 609.10, is 
        amended to read: 
           609.10 [SENTENCES AVAILABLE.] 
           Upon conviction of a felony and compliance with the other 
        provisions of this chapter the court, if it imposes sentence, 
        may sentence the defendant to the extent authorized by law as 
        follows: 
           (1) to life imprisonment; or 
           (2) to imprisonment for a fixed term of years set by the 
        court; or 
           (3) to both imprisonment for a fixed term of years and 
        payment of a fine; or 
           (4) to payment of a fine without imprisonment or to 
        imprisonment for a fixed term of years if the fine is not paid; 
        or 
           (5) to payment of court-ordered restitution in addition to 
        either imprisonment or payment of a fine, or both; or 
           (6) to payment of a local correctional fee as authorized 
        under section 609.102 in addition to any other sentence imposed 
        by the court. 
           As used in this section, "restitution" includes: 
           (i) payment of compensation to the victim or the victim's 
        family; and 
           (ii) if the victim is deceased or already has been fully 
        compensated, payment of money to a victim assistance program or 
        other program directed by the court. 
           Sec. 11.  Minnesota Statutes 1994, section 609.125, is 
        amended to read: 
           609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
           Upon conviction of a misdemeanor or gross misdemeanor the 
        court, if sentence is imposed, may, to the extent authorized by 
        law, sentence the defendant: 
           (1) to imprisonment for a definite term; or 
           (2) to payment of a fine, or to imprisonment for a 
        specified term if the fine is not paid; or 
           (3) to both imprisonment for a definite term and payment of 
        a fine; or 
           (4) to payment of court-ordered restitution in addition to 
        either imprisonment or payment of a fine, or both; or 
           (5) to payment of a local correctional fee as authorized 
        under section 609.102 in addition to any other sentence imposed 
        by the court. 
           As used in this section, "restitution" includes: 
           (i) payment of compensation to the victim or the victim's 
        family; and 
           (ii) if the victim is deceased or already has been fully 
        compensated, payment of money to a victim assistance program or 
        other program directed by the court. 
           Sec. 12.  Minnesota Statutes 1994, section 609.185, is 
        amended to read: 
           609.185 [MURDER IN THE FIRST DEGREE.] 
           Whoever does any of the following is guilty of murder in 
        the first degree and shall be sentenced to imprisonment for life:
           (1) causes the death of a human being with premeditation 
        and with intent to effect the death of the person or of another; 
           (2) causes the death of a human being while committing or 
        attempting to commit criminal sexual conduct in the first or 
        second degree with force or violence, either upon or affecting 
        the person or another; 
           (3) causes the death of a human being with intent to effect 
        the death of the person or another, while committing or 
        attempting to commit burglary, aggravated robbery, kidnapping, 
        arson in the first or second degree, tampering with a witness in 
        the first degree, 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 under circumstances other 
        than those described in clause (1) or (2) while committing child 
        abuse, when the perpetrator has engaged in a past pattern of 
        child abuse upon the child and the death occurs under 
        circumstances manifesting an extreme indifference to human life; 
        or 
           (6) causes the death of a human being under circumstances 
        other than those described in clause (1), (2), or (5) while 
        committing domestic abuse, when the perpetrator has engaged in a 
        past pattern of domestic abuse upon the victim and the death 
        occurs under circumstances manifesting an extreme indifference 
        to human life. 
           For purposes of clause (5), "child abuse" means an act 
        committed against a minor victim that constitutes a violation of 
        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; 609.342; 609.343; 609.344; 609.345; 609.377; 
        609.378; or 609.713. 
           For purposes of clause (6), "domestic abuse" means an act 
        that: 
           (1) constitutes a violation of section 609.221, 609.222, 
        609.223, 609.224, 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). 
           Sec. 13.  Minnesota Statutes 1994, section 609.20, is 
        amended to read: 
           609.20 [MANSLAUGHTER IN THE FIRST DEGREE.] 
           Whoever does any of the following is guilty of manslaughter 
        in the first degree 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: 
           (1) intentionally causes the death of another person in the 
        heat of passion provoked by such words or acts of another as 
        would provoke a person of ordinary self-control under like 
        circumstances, provided that the crying of a child does not 
        constitute provocation; 
           (2) causes the death of another in committing or attempting 
        to commit a misdemeanor or gross misdemeanor offense with such 
        force and violence that death of or great bodily harm to any 
        person was reasonably foreseeable, and murder in the first or 
        second degree was not committed thereby; 
           (3) intentionally causes the death of another person 
        because the actor is coerced by threats made by someone other 
        than the actor's coconspirator and which cause the actor 
        reasonably to believe that the act performed by the actor is the 
        only means of preventing imminent death to the actor or another; 
        or 
           (4) proximately causes the death of another, without intent 
        to cause death by, directly or indirectly, unlawfully selling, 
        giving away, bartering, delivering, exchanging, distributing, or 
        administering a controlled substance classified in schedule III, 
        IV, or V; or 
           (5) causes the death of another in committing or attempting 
        to commit a violation of section 609.377 (malicious punishment 
        of a child), and murder in the first, second, or third degree is 
        not committed thereby. 
           As used in this section, a "person of ordinary self-control"
        does not include a person under the influence of intoxicants or 
        a controlled substance. 
           Sec. 14.  Minnesota Statutes 1994, section 609.205, is 
        amended to read: 
           609.205 [MANSLAUGHTER IN THE SECOND DEGREE.] 
           A person who causes the death of another by any of the 
        following means is guilty of manslaughter in the second degree 
        and may be sentenced to imprisonment for not more than ten years 
        or to payment of a fine of not more than $20,000, or both: 
           (1) by the person's culpable negligence whereby the person 
        creates an unreasonable risk, and consciously takes chances of 
        causing death or great bodily harm to another; or 
           (2) by shooting another with a firearm or other dangerous 
        weapon as a result of negligently believing the other to be a 
        deer or other animal; or 
           (3) by setting a spring gun, pit fall, deadfall, snare, or 
        other like dangerous weapon or device; or 
           (4) by negligently or intentionally permitting any animal, 
        known by the person to have vicious propensities or to have 
        caused great or substantial bodily harm in the past, to run 
        uncontrolled off the owner's premises, or negligently failing to 
        keep it properly confined; or 
           (5) by committing or attempting to commit a violation of 
        section 609.378 (neglect or endangerment of a child), and murder 
        in the first, second, or third degree is not committed thereby.  
           If proven by a preponderance of the evidence, it shall be 
        an affirmative defense to criminal liability under clause (4) 
        that the victim provoked the animal to cause the victim's death. 
           Sec. 15.  Minnesota Statutes 1994, section 609.323, 
        subdivision 2, is amended to read: 
           Subd. 2.  Whoever, not related by blood, adoption, or 
        marriage to the prostitute, while acting other than as a 
        prostitute or patron, intentionally receives profit, knowing or 
        having reason to know that it is derived from the prostitution, 
        or the promotion of the prostitution, of an individual in 
        circumstances described in section 609.322, subdivision 2, 
        clause (3), may be sentenced to not more than three years 
        imprisonment or to payment of a fine of not more than $5,000, or 
        both.  
           Sec. 16.  Minnesota Statutes 1994, section 609.323, 
        subdivision 3, is amended to read: 
           Subd. 3.  Whoever, not related by blood, adoption, or 
        marriage to the prostitute, while acting other than as a 
        prostitute or patron, intentionally receives profit, knowing or 
        having reason to know that it is derived from the prostitution, 
        or the promotion of the prostitution of an individual 18 years 
        of age or above may be sentenced to imprisonment for not more 
        than one year or to payment of a fine of not more than $3,000, 
        or both.  
           Sec. 17.  Minnesota Statutes 1994, section 609.323, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [EXCEPTIONS.] Subdivisions 1a, 2, and 3 do not 
        apply to a minor who is dependent on an individual acting as a 
        prostitute and who may have benefited from or been supported by 
        the individual's earnings derived from prostitution. 
           Sec. 18.  Minnesota Statutes 1994, section 609.498, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TAMPERING WITH A WITNESS IN THE FIRST 
        DEGREE.] Whoever does any of the following is guilty of 
        tampering with a witness in the first degree and may be 
        sentenced as provided in subdivision 1a:  
           (a) intentionally prevents or dissuades or intentionally 
        attempts to prevent or dissuade by means of force or threats of 
        injury to any person or property, a person who is or may become 
        a witness from attending or testifying at any trial, proceeding, 
        or inquiry authorized by law; 
           (b) by means of force or threats of injury to any person or 
        property, intentionally coerces or attempts to coerce a person 
        who is or may become a witness to testify falsely at any trial, 
        proceeding, or inquiry authorized by law; 
           (c) intentionally causes injury or threatens to cause 
        injury to any person or property in retaliation against a person 
        who was summoned as a witness at any trial, proceeding, or 
        inquiry authorized by law, within a year following that trial, 
        proceeding, or inquiry or within a year following the actor's 
        release from incarceration, whichever is later; 
           (d) intentionally prevents or dissuades or attempts to 
        prevent or dissuade, by means of force or threats of injury to 
        any person or property, a person from providing information to 
        law enforcement authorities concerning a crime; 
           (e) by means of force or threats of injury to any person or 
        property, intentionally coerces or attempts to coerce a person 
        to provide false information concerning a crime to law 
        enforcement authorities; or 
           (f) intentionally causes injury or threatens to cause 
        injury to any person or property in retaliation against a person 
        who has provided information to law enforcement authorities 
        concerning a crime within a year of that person providing the 
        information or within a year of the actor's release from 
        incarceration, whichever is later.  
           Sec. 19.  [609.5051] [CRIMINAL ALERT NETWORK; DISSEMINATION 
        OF FALSE OR MISLEADING INFORMATION PROHIBITED.] 
           Whoever uses the criminal alert network under section 
        299A.61 to disseminate information regarding the commission of a 
        crime knowing that it is false or misleading, is guilty of a 
        misdemeanor. 
           Sec. 20.  Minnesota Statutes 1994, section 609.52, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] In this section: 
           (1) "Property" means all forms of tangible property, 
        whether real or personal, without limitation including documents 
        of value, electricity, gas, water, corpses, domestic animals, 
        dogs, pets, fowl, and heat supplied by pipe or conduit by 
        municipalities or public utility companies and articles, as 
        defined in clause (4), representing trade secrets, which 
        articles shall be deemed for the purposes of Extra Session Laws 
        1967, chapter 15 to include any trade secret represented by the 
        article. 
           (2) "Movable property" is property whose physical location 
        can be changed, including without limitation things growing on, 
        affixed to, or found in land. 
           (3) "Value" means the retail market value at the time of 
        the theft, or if the retail market value cannot be ascertained, 
        the cost of replacement of the property within a reasonable time 
        after the theft, or in the case of a theft or the making of a 
        copy of an article representing a trade secret, where the retail 
        market value or replacement cost cannot be ascertained, any 
        reasonable value representing the damage to the owner which the 
        owner has suffered by reason of losing an advantage over those 
        who do not know of or use the trade secret.  For a check, draft, 
        or other order for the payment of money, "value" means the 
        amount of money promised or ordered to be paid under the terms 
        of the check, draft, or other order.  For a theft committed 
        within the meaning of subdivision 2, clause (5), (a) and (b), if 
        the property has been restored to the owner, "value" means the 
        value of the use of the property or the damage which it 
        sustained, whichever is greater, while the owner was deprived of 
        its possession, but not exceeding the value otherwise provided 
        herein. 
           (4) "Article" means any object, material, device or 
        substance, including any writing, record, recording, drawing, 
        sample specimen, prototype, model, photograph, microorganism, 
        blueprint or map, or any copy of any of the foregoing. 
           (5) "Representing" means describing, depicting, containing, 
        constituting, reflecting or recording. 
           (6) "Trade secret" means information, including a formula, 
        pattern, compilation, program, device, method, technique, or 
        process, that:  
           (i) derives independent economic value, actual or 
        potential, from not being generally known to, and not being 
        readily ascertainable by proper means by, other persons who can 
        obtain economic value from its disclosure or use, and 
           (ii) is the subject of efforts that are reasonable under 
        the circumstances to maintain its secrecy. 
           (7) "Copy" means any facsimile, replica, photograph or 
        other reproduction of an article, and any note, drawing, or 
        sketch made of or from an article while in the presence of the 
        article. 
           (8) "Property of another" includes property in which the 
        actor is coowner or has a lien, pledge, bailment, or lease or 
        other subordinate interest, and property of a partnership of 
        which the actor is a member, unless the actor and the victim are 
        husband and wife.  It does not include property in which the 
        actor asserts in good faith a claim as a collection fee or 
        commission out of property or funds recovered, or by virtue of a 
        lien, setoff, or counterclaim.  
           (9) "Services" include but are not limited to labor, 
        professional services, transportation services, electronic 
        computer services, the supplying of hotel accommodations, 
        restaurant services, entertainment services, advertising 
        services, telecommunication services, and the supplying of 
        equipment for use.  
           (10) "Motor vehicle" means a self-propelled device for 
        moving persons or property or pulling implements from one place 
        to another, whether the device is operated on land, rails, 
        water, or in the air. 
           Sec. 21.  Minnesota Statutes 1994, section 609.5312, is 
        amended by adding a subdivision 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. 
           Sec. 22.  Minnesota Statutes 1994, section 609.582, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [BURGLARY IN THE FIRST DEGREE.] Whoever 
        enters a building without consent and with intent to commit a 
        crime, or enters a building without consent and commits a crime 
        while in the building, commits burglary in the first degree and 
        may be sentenced to imprisonment for not more than 20 years or 
        to payment of a fine of not more than $35,000, or both, if:  
           (a) the building is a dwelling and another person, not an 
        accomplice, is present in it when the burglar enters or at any 
        time while the burglar is in the building; 
           (b) the burglar possesses, when entering or at any time 
        while in the building, any of the following:  a dangerous 
        weapon, any article used or fashioned in a manner to lead the 
        victim to reasonably believe it to be a dangerous weapon, or an 
        explosive; or 
           (c) the burglar assaults a person within the building or on 
        the building's appurtenant property.  
           Sec. 23.  [609.669] [CIVIL DISORDER.] 
           Subdivision 1.  [PROHIBITED ACTS.] (a) A person is guilty 
        of a gross misdemeanor who: 
           (1) teaches or demonstrates to any other person how to use 
        or make any firearm, or explosive or incendiary device capable 
        of causing injury or death, knowing or having reason to know 
        that it will be unlawfully employed for use in, or in 
        furtherance of, a civil disorder; or 
           (2) assembles with one or more persons for the purpose of 
        training with, practicing with, or being instructed in the use 
        of any firearm, or explosive or incendiary device capable of 
        causing injury or death, with the intent that it be unlawfully 
        employed for use in, or in furtherance of, a civil disorder. 
           (b) This section does not apply to law enforcement officers 
        engaged in the lawful performance of the officer's official 
        duties. 
           Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
        following terms have the meanings given them: 
           (1) "civil disorder" means any public disturbance involving 
        acts of violence by assemblages of three or more persons, which 
        causes an immediate danger of or results in damage or injury to 
        the property or person of any other individual; 
           (2) "firearm" means any weapon which is designed to or may 
        readily be converted to expel any projectile by the action of an 
        explosive; or the frame or receiver of any such weapon; 
           (3) "explosive or incendiary device" has the meaning given 
        in section 609.668, subdivision 1; and 
           (4) "law enforcement officer" means any officer or employee 
        of the United States, the state, or any political subdivision of 
        the state, and specifically includes members of the National 
        Guard and members of the armed forces of the United States. 
           Sec. 24.  Minnesota Statutes 1994, section 609.713, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Whoever threatens, directly or indirectly, 
        to commit any crime of violence with purpose to terrorize 
        another or to cause evacuation of a building, place of assembly, 
        vehicle or facility of public transportation or otherwise to 
        cause serious public inconvenience, or in a reckless disregard 
        of the risk of causing such terror or inconvenience may be 
        sentenced to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both.  As used in 
        this subdivision, "crime of violence" has the meaning given 
        "violent crime" in section 609.152, subdivision 1, paragraph (d).
           Sec. 25.  Minnesota Statutes 1994, section 609.713, 
        subdivision 2, is amended to read: 
           Subd. 2.  Whoever communicates to another with purpose to 
        terrorize another or in reckless disregard of the risk of 
        causing such terror, that explosives or an explosive device or 
        any incendiary device is present at a named place or location, 
        whether or not the same is in fact present, may be sentenced to 
        imprisonment for not more than three years or to payment of a 
        fine of not more than $3,000, or both.  
           Sec. 26.  Minnesota Statutes 1994, section 617.80, 
        subdivision 2, is amended to read: 
           Subd. 2.  [BUILDING.] "Building" means a structure suitable 
        for human shelter, a commercial structure that is maintained for 
        business activities that involve human occupation, or any 
        portion of such structures the structure, or the land 
        surrounding the structure.  If the building is a multiunit 
        dwelling, a hotel or motel, or a commercial or office building, 
        the term "building," for purposes of sections 617.80 to 617.87, 
        means only the portion of the building within or outside the 
        structure in which a nuisance is maintained or permitted, such 
        as a dwelling unit, room, suite of rooms, office, common area, 
        storage area, garage, or parking area. 
           Sec. 27.  Minnesota Statutes 1994, section 617.80, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PROSTITUTION.] "Prostitution" or "prostitution- 
        related offenses activity" means the conduct defined in that 
        would violate sections 609.321 to 609.324. 
           Sec. 28.  Minnesota Statutes 1994, section 617.80, 
        subdivision 5, is amended to read: 
           Subd. 5.  [GAMBLING.] "Gambling" or "gambling-related 
        offenses activity" means the conduct described in that would 
        violate sections 609.75 to 609.762. 
           Sec. 29.  Minnesota Statutes 1994, section 617.80, 
        subdivision 8, is amended to read: 
           Subd. 8.  [INTERESTED PARTY.] "Interested party," for 
        purposes of sections 617.80 to 617.87, means any known lessee or 
        tenant of a building or affected portion of a building and; any 
        known agent of an owner, lessee, or tenant; or any other person 
        who maintains or permits a nuisance and is known to the city 
        attorney, county attorney, or attorney general. 
           Sec. 30.  Minnesota Statutes 1994, section 617.80, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [PROSECUTING ATTORNEY.] "Prosecuting attorney" 
        means the attorney general, county attorney, city attorney, or 
        attorney serving the jurisdiction where the nuisance is located. 
           Sec. 31.  Minnesota Statutes 1994, section 617.81, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACTS CONSTITUTING A NUISANCE.] (a) For purposes 
        of sections 617.80 to 617.87, a public nuisance exists upon 
        proof of three or more misdemeanor convictions or two or more 
        convictions, of which at least one is a gross misdemeanor or 
        felony, within the previous two years for two or more separate 
        behavioral incidents of one or more of the following, committed 
        within the previous 12 months within the building, or if the 
        building contains more than one rental unit:  (1) within a 
        single rental unit; or (2) within two or more rental units 
        leased or controlled by the same person:  
           (1) acts of prostitution or prostitution-related offenses 
        activity committed within the building; 
           (2) acts of gambling or gambling-related offenses activity 
        committed within the building; 
           (3) keeping or permitting a disorderly house within the 
        building; 
           (4) unlawful sale or, possession, storage, delivery, 
        giving, manufacture, cultivation, or use of controlled 
        substances committed within the building; 
           (5) unlicensed sales of alcoholic beverages committed 
        within the building in violation of section 340A.401; 
           (6) unlawful sales or gifts of alcoholic beverages by an 
        unlicensed person committed within the building in violation of 
        section 340A.503, subdivision 2, clause (1); or 
           (7) unlawful use or possession of a firearm in violation of 
        section 609.66, subdivision 1a, 609.67, or 624.713, committed 
        within the building. 
           (b) A second or subsequent conviction under paragraph (a) 
        may be used to prove the existence of a nuisance if the conduct 
        on which the second or subsequent conviction is based occurred 
        within two years following the first conviction, regardless of 
        the date of the conviction for the second or subsequent offense. 
        Proof of a nuisance exists if each of the elements of the 
        conduct constituting the nuisance is established by clear and 
        convincing evidence. 
           Sec. 32.  Minnesota Statutes 1994, section 617.81, is 
        amended by adding a subdivision 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 dates on which 
        nuisance-related 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. 
           Sec. 33.  Minnesota Statutes 1994, section 617.82, is 
        amended to read: 
           617.82 [TEMPORARY ORDER.] 
           Whenever a city attorney, county attorney, or the attorney 
        general prosecuting attorney has cause to believe that a 
        nuisance described in section 617.81, subdivision 2, exists 
        within the jurisdiction the attorney serves, that the 
        prosecuting attorney may by verified petition seek a temporary 
        injunction in district court in the county in which the alleged 
        public nuisance exists, provided that at least 30 days have 
        expired since service of the notice required under section 
        617.81, subdivision 4.  No temporary injunction may be issued 
        without a prior show cause notice of hearing to the respondents 
        named in the petition and an opportunity for the respondents to 
        be heard.  Upon proof of a nuisance described in section 617.81, 
        subdivision 2, the court shall issue a temporary injunction.  
        Any temporary injunction issued must describe the conduct to be 
        enjoined. 
           Sec. 34.  Minnesota Statutes 1994, 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.  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 under the control of the tenant or lessee, 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) upon the motion of the building owner cancels a lease 
        or tenancy and grants restitution of that portion of the 
        premises to the owner; and 
           (b) further finds that the acts constituting the nuisance 
        as defined in section 617.81, subdivision 2, were committed in a 
        portion of the building under the control of 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 acts in 
        conjunction with or under the control of the owner. 
           Sec. 35.  Minnesota Statutes 1994, section 624.731, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purposes of this 
        section: 
           (a) "authorized tear gas compound" means a lachrymator or 
        any substance composed of a mixture of a lachrymator including 
        chloroacetophenone, alpha-chloroacetophenone; 
        phenylchloromethylketone, orthochlorobenzalmalononitrile or 
        oleoresin capsicum, commonly known as tear gas; and 
           (b) "electronic incapacitation device" means a portable 
        device which is designed or intended by the manufacturer to be 
        used, offensively or defensively, to temporarily immobilize or 
        incapacitate persons by means of electric pulse or current, 
        including devices operating by means of carbon dioxide 
        propellant.  "Electronic incapacitation device" does not include 
        cattle prods, electric fences, or other electric devices which 
        are when used in agricultural, animal husbandry, or food 
        production activities. 
           Sec. 36.  Minnesota Statutes 1994, section 624.731, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PENALTIES.] (a) The following violations of this 
        section shall be considered a felony:  
           (1) The possession or use of tear gas, a tear gas compound, 
        an authorized tear gas compound, or an electronic incapacitation 
        device by a person specified in subdivision 3, paragraph (b).  
           (2) Knowingly selling or furnishing of tear gas, a tear gas 
        compound, an authorized tear gas compound, or an electronic 
        incapacitation device to a person specified in subdivision 3, 
        paragraph (b). 
           (3) The use of an electronic incapacitation device as 
        prohibited in subdivision 4, paragraph (a).  
           (4) The use of tear gas or a tear gas compound as 
        prohibited in subdivision 4, paragraph (d). 
           (b) The following violation of this section shall be 
        considered a gross misdemeanor:  (1) The prohibited use of tear 
        gas, a tear gas compound, or an authorized tear gas compound as 
        specified in subdivision 4, paragraph (a); (2) the use of an 
        electronic incapacitation device except as allowed by 
        subdivision 2 or 6. 
           (c) The following violations of this section shall be 
        considered a misdemeanor:  
           (1) The possession or use of tear gas, a tear gas compound, 
        an authorized tear gas compound, or an electronic incapacitation 
        device which fails to meet the requirements of subdivision 2 by 
        any person except as allowed by subdivision 6.  
           (2) The possession or use of an authorized tear gas 
        compound or an electronic incapacitation device by a person 
        specified in subdivision 3, paragraph (a) or (c).  
           (3) The use of tear gas, a tear gas compound, or an 
        authorized tear gas compound, or an electronic incapacitation 
        device except as allowed by subdivision 2 or 6.  
           (4) Knowingly selling or furnishing an authorized tear gas 
        compound or an electronic incapacitation device to a person 
        specified in subdivision 3, paragraph (a) or (c).  
           (5) Selling or furnishing of tear gas or a tear gas 
        compound other than an authorized tear gas compound to any 
        person except as allowed by subdivision 6.  
           (6) Selling or furnishing of an authorized tear gas 
        compound or an electronic incapacitation device on premises 
        where intoxicating liquor is sold on an on-sale or off-sale 
        basis or where 3.2 percent malt liquor is sold on an on-sale 
        basis.  
           (7) Selling an authorized tear gas compound or an 
        electronic incapacitation device in violation of local licensing 
        requirements.  
           Sec. 37.  Minnesota Statutes 1994, section 626.13, is 
        amended to read: 
           626.13 [SERVICE; PERSONS MAKING.] 
           A search warrant may in all cases be served anywhere within 
        the issuing judge's county by any of the officers mentioned in 
        its directions, but by no other person, except in aid of the 
        officer on the officer's requiring it, the officer being present 
        and acting in its execution.  If the warrant is to be served by 
        an agent of the bureau of criminal apprehension, an agent of the 
        division of gambling enforcement, a state patrol trooper, or a 
        conservation officer, the agent, state patrol trooper, or 
        conservation officer shall notify the chief of police of an 
        organized full-time police department of the municipality or, if 
        there is no such local chief of police, the sheriff or a deputy 
        sheriff of the county in which service is to be made prior to 
        execution. 
           Sec. 38.  Minnesota Statutes 1994, section 626.53, is 
        amended to read: 
           626.53 [REPORT BY TELEPHONE AND LETTER.] 
           Subdivision 1.  [REPORTS TO SHERIFFS AND POLICE CHIEFS.] 
        The report required by section 626.52, subdivision 2, shall be 
        made forthwith by telephone or in person, and shall be promptly 
        supplemented by letter, enclosed in a securely sealed, postpaid 
        envelope, addressed to the sheriff of the county in which the 
        wound is examined, dressed, or otherwise treated; except that, 
        if the place in which the patient is treated for such injury or 
        the patient's wound dressed or bandaged be in a city of the 
        first, second, or third class, such report shall be made and 
        transmitted as herein provided to the chief of police of such 
        city instead of the sheriff.  Except as otherwise provided in 
        subdivision 2, the office of any such sheriff and of any such 
        chief of police shall keep the report as a confidential 
        communication and shall not disclose the name of the person 
        making the same, and the party making the report shall not by 
        reason thereof be subpoenaed, examined, or forced to testify in 
        court as a consequence of having made such a report.  
           Subd. 2.  [REPORTS TO DEPARTMENT OF HEALTH.] Upon receiving 
        a report of a wound caused by or arising from the discharge of a 
        firearm, the sheriff or chief of police shall forward the 
        information contained in the report to the commissioner of 
        health.  The commissioner of health shall keep the report as a 
        confidential communication, as provided under subdivision 1.  
        The commissioner shall maintain a statewide, computerized record 
        system containing summary data, as defined in section 13.02, on 
        information received under this subdivision. 
           Sec. 39.  Minnesota Statutes 1994, section 629.715, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [JUDICIAL REVIEW; RELEASE.] (a) When a 
        person is arrested for a crime against the person, the judge 
        before whom the arrested person is taken shall review the facts 
        surrounding the arrest and detention.  If the person was 
        arrested or detained for committing a crime of violence, as 
        defined in section 629.725, the prosecutor or other appropriate 
        person shall present relevant information involving the victim 
        or the victim's family's account of the alleged crime to the 
        judge to be considered in determining the arrested person's 
        release.  The arrested person must be ordered released pending 
        trial or hearing on the person's personal recognizance or on an 
        order to appear or upon the execution of an unsecured bond in a 
        specified amount unless the judge determines that release (1) 
        will be inimical to public safety, (2) will create a threat of 
        bodily harm to the arrested person, the victim of the alleged 
        crime, or another, or (3) will not reasonably assure the 
        appearance of the arrested person at subsequent proceedings.  
           (b) If the judge determines release under paragraph (a) is 
        not advisable, the judge may impose any conditions of release 
        that will reasonably assure the appearance of the person for 
        subsequent proceedings, or will protect the victim of the 
        alleged crime, or may fix the amount of money bail without other 
        conditions upon which the arrested person may obtain release.  
           Sec. 40.  [629.725] [NOTICE TO CRIME VICTIM REGARDING BAIL 
        HEARING OF ARRESTED OR DETAINED PERSON.] 
           When a person arrested or a juvenile detained for a crime 
        of violence or an attempted crime of violence is scheduled to be 
        reviewed under section 629.715 for release from pretrial 
        detention, the court shall make a reasonable and good faith 
        effort to notify the victim of the alleged crime.  If the victim 
        is incapacitated or deceased, notice must be given to the 
        victim's family.  If the victim is a minor, notice must be given 
        to the victim's parent or guardian.  The notification must 
        include: 
           (1) the date and approximate time of the review; 
           (2) the location where the review will occur; 
           (3) the name and telephone number of a person that can be 
        contacted for additional information; and 
           (4) a statement that the victim and the victim's family may 
        attend the review. 
           As used in this section, "crime of violence" has the 
        meaning given it in section 624.712, subdivision 5, and also 
        includes gross misdemeanor violations of section 609.224, and 
        nonfelony violations of sections 518B.01, 609.2231, 609.3451, 
        609.748, and 609.749. 
           Sec. 41.  [629.735] [NOTICE TO LOCAL LAW ENFORCEMENT AGENCY 
        REGARDING RELEASE OF ARRESTED OR DETAINED PERSON.] 
           When a person arrested or a juvenile detained for a crime 
        of violence or an attempted crime of violence is about to be 
        released from pretrial detention, the agency having custody of 
        the arrested or detained person or its designee shall make a 
        reasonable and good faith effort before release to inform any 
        local law enforcement agencies known to be involved in the case, 
        if different from the agency having custody, of the following 
        matters: 
           (1) the conditions of release, if any; 
           (2) the time of release; and 
           (3) the time, date, and place of the next scheduled court 
        appearance of the arrested or detained person. 
           Sec. 42.  [REPEALER.] 
           Minnesota Statutes 1994, section 617.81, subdivisions 2a 
        and 3, are repealed. 
           Sec. 43.  [EFFECTIVE DATES.] 
           Sections 1 to 6 and 9 to 42 are effective August 1, 1995, 
        and apply to crimes committed on or after that date. 
           Sections 7 (343.235) and 8 (343.29) are effective the day 
        following final enactment. 
           Presented to the governor May 30, 1995 
           Signed by the governor June 1, 1995, 11:15 a.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