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

CHAPTER 59--H.F.No. 1301
An act
relating to public safety; providing for public safety, courts, and
corrections, including predatory offenders regarding computer access, electronic
solicitation, and training materials on dangers of predatory offenders; sex
offenses; crime victims; domestic fatality review teams; courts; driver's license
reinstatement diversion pilot program; corrections; study of evidence-based
practices for community supervision; emergency response team; controlled
substances; employment of persons with criminal records; financial crimes;
unsafe recalled toys; peace officer and public safety dispatcher employment;
trespass in peace officer cordoned-off areas; peace officer education; and Bureau
of Criminal Apprehension Information Services; providing for boards, task
forces, and programs; providing for reports; providing for penalties;amending
Minnesota Statutes 2008, sections 12.03, by adding a subdivision; 13.87,
subdivision 1; 84.027, subdivision 17; 122A.18, subdivision 8; 123B.03,
subdivision 1; 152.02, subdivisions 6, 12; 169.71, subdivision 1; 240.08, by
adding a subdivision; 243.166, subdivision 4b; 244.05, subdivision 6; 244.052,
subdivision 1; 244.10, by adding a subdivision; 244.195, subdivisions 2, 3,
4; 246.13, subdivision 2; 253B.141, subdivision 1; 299A.681; 299C.115;
299C.40, subdivision 1; 299C.46, subdivision 1; 299C.52, subdivisions 1, 3, 4;
299C.53, subdivision 1; 299C.62, subdivision 1; 299C.65, subdivisions 1, 5;
299C.68, subdivision 2; 357.021, subdivision 6; 388.24, subdivision 4; 401.025,
subdivision 1; 401.065, subdivision 3a; 403.36, subdivision 2, by adding a
subdivision; 471.59, by adding subdivisions; 480.23; 484.91, subdivision 1;
491A.03, subdivision 1; 518.165, subdivision 5; 524.5-118, subdivision 2;
609.341, subdivision 11; 609.352, subdivision 2a; 609.605, subdivision 1;
611.272; 611A.0315, subdivision 1; 626.843, subdivisions 1, 3; 626.845,
subdivision 1; 626.863; 628.26; 628.69, subdivision 6; 629.34, subdivision 1;
629.341, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 12; 181; 244; 260B; 325F; 364; 611A; repealing Minnesota Statutes
2008, sections 244.195, subdivision 5; 260B.199, subdivision 2; 260B.201,
subdivision 3; 299C.61, subdivision 8; 299C.67, subdivision 3; 383B.65,
subdivision 2; 403.36, subdivision 1f.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1
PREDATORY OFFENDERS AND SEX OFFENSES

    Section 1. Minnesota Statutes 2008, section 243.166, subdivision 4b, is amended to
read:
    Subd. 4b. Health care facility; notice of status. (a) For the purposes of this
subdivision, "health care facility" means a facility licensed by:
(1) licensed by the commissioner of health as a hospital, boarding care home or
supervised living facility under sections 144.50 to 144.58, or a nursing home under
chapter 144A;
(2) registered by the commissioner of health as a housing with services establishment
as defined in section 144D.01; or
(2) (3) licensed by the commissioner of human services as a residential facility
under chapter 245A to provide adult foster care, adult mental health treatment, chemical
dependency treatment to adults, or residential services to persons with developmental
disabilities.
(b) Prior to admission 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 will occur.
(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 is
planning to be admitted and receive, or has been admitted and is receiving health care
at a health care facility shall notify the administrator of the facility and deliver a fact
sheet to the administrator containing the following information: (1) name and physical
description of the offender; (2) the offender's conviction history, including the dates of
conviction; (3) the risk level classification assigned to the offender under section 244.052,
if any; and (4) the profile of likely victims.
(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care
facility receives a fact sheet under paragraph (c) that includes a risk level classification for
the offender, and if the facility admits the offender, the facility shall distribute the fact
sheet to all residents at the facility. If the facility determines that distribution to a resident
is not appropriate given the resident's medical, emotional, or mental status, the facility
shall distribute the fact sheet to the patient's next of kin or emergency contact.
EFFECTIVE DATE.This section is effective August 1, 2010, and applies to
predatory offenders who are required to register before, on, or after that date.

    Sec. 2. Minnesota Statutes 2008, section 244.05, subdivision 6, is amended to read:
    Subd. 6. Intensive supervised release. (a) 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 section 609.342, 609.343, 609.344, 609.345, or 609.3453 or was sentenced
under the provisions of section 609.3455, subdivision 3a. 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.
(b) 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, computer, or other electronic devices capable of accessing the Internet 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.
(c) As a condition of release for an inmate required to register under section 243.166
who is placed on intensive supervised release under this subdivision, the commissioner
shall prohibit the inmate from accessing, creating, or maintaining a personal Web page,
profile, account, password, or user name for: (1) a social networking Web site, or (2) an
instant messaging or chat room program, which permits persons under the age of 18 to
become a member or to create or maintain a personal Web page. An intensive supervised
release agent may modify the prohibition described in this paragraph if doing so does
not jeopardize public safety and the modification is specifically described and agreed to
in advance by the agent.
(d) If the inmate violates the conditions of the intensive supervised release, the
commissioner shall impose sanctions as provided in subdivision 3 and section 609.3455.
EFFECTIVE DATE.This section is effective August 1, 2010, and applies to
persons who are on intensive supervised release on or after that date.

    Sec. 3. Minnesota Statutes 2008, section 244.052, subdivision 1, is amended to read:
    Subdivision 1. Definitions. As used in this section:
(1) "confinement" means confinement in a state correctional facility or a state
treatment facility;
(2) "immediate household" means any and all individuals who live in the same
household as the offender;
(3) "law enforcement agency" means the law enforcement agency having primary
jurisdiction over the location where the offender expects to reside upon release;
(4) "residential facility" means a regional treatment center operated by the
commissioner of human services or a facility that is licensed as a residential program, as
defined in section 245A.02, subdivision 14, by the commissioner of human services under
chapter 245A, or the commissioner of corrections under section 241.021, whose staff are
trained in the supervision of sex offenders; and
(5) "predatory offender" and "offender" mean a person who is required to register as
a predatory offender under section 243.166. However, the terms do not include persons
required to register based solely on a delinquency adjudication.

    Sec. 4. [244.0521] TRAINING MATERIALS ON THE DANGERS OF
PREDATORY OFFENDERS.
By October 1, 2010, the commissioner of corrections, in consultation with the
commissioner of public safety, shall develop training materials on the dangers of
predatory offenders for programs and officials who care for and educate children and
vulnerable adults. The training materials must include information on the predatory
offender community notice requirements under section 244.052, the predatory offender
registration requirements under section 243.166, and the dangers that predatory offenders
pose to children and vulnerable adults. The training materials shall be developed in a
format that permits self-study or facilitator-assisted training that can be completed in
approximately one hour. Upon development of these training materials, the commissioner
of corrections shall provide notice of completion and electronic access to the training to
the commissioner of human services and the commissioner of health. Training materials
required by this section must be developed by the Department of Corrections.

    Sec. 5. Minnesota Statutes 2008, section 609.341, subdivision 11, is amended to read:
    Subd. 11. Sexual contact. (a) "Sexual contact," for the purposes of sections
609.343, subdivision 1, clauses (a) to (f), and 609.345, subdivision 1, clauses (a) to (e),
and (h) to (o), includes any of the following acts committed without the complainant's
consent, except in those cases where consent is not a defense, and committed with sexual
or aggressive intent:
    (i) the intentional touching by the actor of the complainant's intimate parts, or
    (ii) the touching by the complainant of the actor's, the complainant's, or another's
intimate parts effected by a person in a position of authority, or by coercion, or by
inducement if the complainant is under 13 years of age or mentally impaired, or
    (iii) the touching by another of the complainant's intimate parts effected by coercion
or by a person in a position of authority, or
    (iv) in any of the cases above, the touching of the clothing covering the immediate
area of the intimate parts, or
(v) the intentional touching with seminal fluid or sperm by the actor of the
complainant's body or the clothing covering the complainant's body.
    (b) "Sexual contact," for the purposes of sections 609.343, subdivision 1, clauses (g)
and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the following acts
committed with sexual or aggressive intent:
    (i) the intentional touching by the actor of the complainant's intimate parts;
    (ii) the touching by the complainant of the actor's, the complainant's, or another's
intimate parts;
    (iii) the touching by another of the complainant's intimate parts; or
    (iv) in any of the cases listed above, touching of the clothing covering the immediate
area of the intimate parts; or
(v) the intentional touching with seminal fluid or sperm by the actor of the
complainant's body or the clothing covering the complainant's body.
    (c) "Sexual contact with a person under 13" means the intentional touching of the
complainant's bare genitals or anal opening by the actor's bare genitals or anal opening
with sexual or aggressive intent or the touching by the complainant's bare genitals or anal
opening of the actor's or another's bare genitals or anal opening with sexual or aggressive
intent.
EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
committed on or after that date.

    Sec. 6. Minnesota Statutes 2008, section 609.352, subdivision 2a, is amended to read:
    Subd. 2a. Internet or computer Electronic solicitation of children. A person
18 years of age or older who uses the Internet or, a computer, computer program,
computer network, or computer system, an electronic communications system, or a
telecommunications, wire, or radio communications system, or other electronic device
capable of electronic data storage or transmission to commit any of the following acts,
with the intent to arouse the sexual desire of any person, is guilty of a felony and may be
sentenced as provided in subdivision 4:
    (1) soliciting a child or someone the person reasonably believes is a child to engage
in sexual conduct;
    (2) engaging in communication relating to or describing sexual conduct with a
child or someone the person reasonably believes is a child, relating to or describing
sexual conduct; or
    (3) distributing any material, language, or communication, including a photographic
or video image, that relates to or describes sexual conduct to a child or someone the
person reasonably believes is a child.
EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
committed on or after that date.

ARTICLE 2
CRIME VICTIMS

    Section 1. Minnesota Statutes 2008, section 611A.0315, subdivision 1, is amended to
read:
    Subdivision 1. Notice of decision not to prosecute. (a) A prosecutor shall make
every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct
offense, or harassment that the prosecutor has decided to decline prosecution of the case
or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim
should include, in order of priority: (1) contacting the victim or a person designated by the
victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody,
the notification attempt shall be made before the suspect is released from custody.
(b) Whenever a prosecutor dismisses criminal charges against a person accused of
domestic assault, a criminal sexual conduct offense, or harassment, a record shall be made
of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the
witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual
conduct, or harassment under this section, the prosecutor shall also inform the victim of
the method and benefits of seeking an order for protection under section 518B.01 or a
restraining order under section 609.748 and that the victim may seek an order without
paying a fee.
EFFECTIVE DATE.This section is effective July 1, 2009.

    Sec. 2. [611A.203] DOMESTIC FATALITY REVIEW TEAMS.
    Subdivision 1. Domestic fatality review teams; purpose. A judicial district may
establish a domestic fatality review team to review domestic violence deaths that have
occurred in the district. The team may review cases in which prosecution has been
completed or the prosecutorial authority has decided not to pursue the case. The purpose of
the review team is to assess domestic violence deaths in order to develop recommendations
for policies and protocols for community prevention and intervention initiatives to reduce
and eliminate the incidence of domestic violence and resulting fatalities.
    Subd. 2. Definition of domestic violence death. "Domestic violence death" means
a homicide or suicide under any of the following circumstances:
    (1) the alleged perpetrator and victim resided together at any time;
    (2) the alleged perpetrator and victim have a child in common, regardless of whether
they were married or lived together at any time;
    (3) the alleged perpetrator and victim were married, separated, or divorced;
    (4) the alleged perpetrator and victim had a sexual relationship or a significant
romantic relationship;
    (5) the alleged perpetrator had been stalking the victim;
    (6) the homicide victim lived in the same household, was present in the workplace
of, was in proximity of, or was related by blood or affinity to a victim who experienced or
was threatened with domestic abuse by the alleged perpetrator;
    (7) the victim or the perpetrator was a child of a person in a relationship that is
described within this definition; or
    (8) any other circumstances that the domestic fatality review team decides fall
within the parameters of its mission.
    "Domestic violence death" must be interpreted broadly to give the domestic
fatality review team discretion to review fatalities that have occurred both directly and
peripherally to domestic relationships.
    Subd. 3. Membership. (a) The chief judge, in consultation with the family violence
coordinating council, shall appoint the members of the domestic fatality review team.
Membership must reflect a commitment to diversity and relevant professional experience.
The review team members must include:
    (1) the medical examiner;
    (2) a judicial court officer (judge or referee);
    (3) a county and city attorney and a public defender;
    (4) the county sheriff and a peace officer;
    (5) a representative from family court services and the Department of Corrections;
    (6) a physician familiar with domestic violence issues;
    (7) a representative from district court administration and the domestic abuse
service center;
    (8) a public citizen representative or a representative from a civic organization;
    (9) a mental health professional; and
    (10) domestic violence advocates or shelter workers.
    (b) There must be at least three domestic violence advocates or shelter workers on
the domestic fatality review team. No two members may represent the same agency.
Members representing advocates or shelters must be selected by the advocacy community.
At least one position must be designated for a minority representative and one position
must rotate in order to include an advocate from the community in which the fatality
under review took place.
    (c) The domestic fatality review team may also invite other relevant persons to serve
on an ad hoc basis and participate as full members of the review team for a particular
review. These persons may include, but are not limited to:
    (1) individuals with particular expertise that would be helpful to the review panel; or
    (2) representatives of organizations or agencies that had contact with or provided
services to the homicide victim, or to the alleged perpetrator, a victim who experienced or
was threatened with domestic abuse by the alleged perpetrator, or a family member of
one of those individuals.
    Subd. 4. Duties; access to data. (a) The domestic fatality review team shall collect,
review, and analyze death certificates and death data, including investigative reports,
medical and counseling records, victim service records, employment records, child abuse
reports, or other information concerning domestic violence deaths, survivor interviews
and surveys, and other information deemed by the team as necessary and appropriate
concerning the causes and manner of domestic violence deaths.
    (b) The review team has access to the following not public data, as defined in
section 13.02, subdivision 8a, relating to a case being reviewed by the team: inactive
law enforcement investigative data under section 13.82; autopsy records and coroner or
medical examiner investigative data under section 13.83; hospital, public health, or other
medical records of the victim under section 13.384; records under section 13.46, created
by social service agencies that provided services to the victim, the alleged perpetrator, or
another victim who experienced or was threatened with domestic abuse by the perpetrator;
and child maltreatment records under section 626.556, relating to the victim or a family or
household member of the victim. Access to medical records under this paragraph also
includes records governed by sections 144.291 to 144.298.
    (c) As part of any review, the domestic fatality review team may compel the
production of other records by applying to the district court for a subpoena, which will be
effective throughout the state according to the Rules of Civil Procedure.
    Subd. 5. Confidentiality; data privacy. A person attending a domestic fatality
review team meeting may not disclose what transpired at the meeting, except to carry out
the purposes of the review team or as otherwise provided in this subdivision. The review
team may disclose the names of the victims in the cases it reviewed. The proceedings and
records of the review team are confidential data as defined in section 13.02, subdivision
3
, or protected nonpublic data as defined in section 13.02, subdivision 13, regardless of
their classification in the hands of the person who provided the data, and are not subject to
discovery or introduction into evidence in a civil or criminal action against a professional,
the state or a county agency, arising out of the matters the team is reviewing. Information,
documents, and records otherwise available from other sources are not immune from
discovery or use in a civil or criminal action solely because they were presented during
proceedings of the review team. This section does not limit a person who presented
information before the review team or who is a member of the panel from testifying about
matters within the person's knowledge. However, in a civil or criminal proceeding, a
person may not be questioned about the person's good faith presentation of information to
the review team or opinions formed by the person as a result of the review team meetings.
    Subd. 6. Immunity. Members of the domestic fatality advisory board, members
of the domestic fatality review team, and members of each review panel, as well as their
agents or employees, are immune from claims and are not subject to any suits, liability,
damages, or any other recourse, civil or criminal, arising from any act, proceeding,
decision, or determination undertaken or performed or recommendation made by the
domestic fatality review team, provided they acted in good faith and without malice in
carrying out their responsibilities. Good faith is presumed until proven otherwise and the
complainant has the burden of proving malice or a lack of good faith. No organization,
institution, or person furnishing information, data, testimony, reports, or records to the
domestic fatality review team as part of an investigation is civilly or criminally liable or
subject to any other recourse for providing the information.
    Subd. 7. Evaluation and report. (a) Each domestic fatality review team shall
develop a system for evaluating the effectiveness of its program and shall focus on
identifiable goals and outcomes. An evaluation must include data components as well as
input from individuals involved in the review process.
    (b) Each fatality review team shall issue an annual report to the chairs and ranking
minority members of the senate and house committees with jurisdiction over public
safety issues. The report must consist of the written aggregate recommendations of the
domestic fatality review team without reference to specific cases. The report must be
available upon request and distributed to the governor, attorney general, supreme court,
county board, and district court.

    Sec. 3. Minnesota Statutes 2008, section 629.341, subdivision 1, is amended to read:
    Subdivision 1. Arrest. Notwithstanding section 629.34 or any other law or rule, a
peace officer may arrest a person anywhere without a warrant, including at the person's
residence, if the peace officer has probable cause to believe that within the preceding
12 24 hours the person has committed domestic abuse, as defined in section 518B.01,
subdivision 2
. The arrest may be made even though the assault did not take place in
the presence of the peace officer.
EFFECTIVE DATE.This section is effective July 1, 2009.

ARTICLE 3
COURTS

    Section 1. [260B.002] POLICY ON DISPROPORTIONATE MINORITY
CONTACT.
It is the policy of the state of Minnesota to identify and eliminate barriers to racial,
ethnic, and gender fairness within the criminal justice, juvenile justice, corrections, and
judicial systems, in support of the fundamental principle of fair and equitable treatment
under law.

    Sec. 2. Minnesota Statutes 2008, section 484.91, subdivision 1, is amended to read:
    Subdivision 1. Establishment. Misdemeanor violations bureaus in the Fourth
Judicial District shall be established in Minneapolis, a southern suburb location, and at
any other northern and western suburban locations dispersed throughout the county as
may be designated by a majority of the judges of the court.

    Sec. 3. Minnesota Statutes 2008, section 491A.03, subdivision 1, is amended to read:
    Subdivision 1. Judges; referees. The judges of district court shall may serve as
judges of conciliation court. In the Second and Fourth Judicial Districts, a majority of
the judges The chief judge of the district may appoint one or more suitable persons to act
as referees in conciliation court; a majority of the judges the chief judge of the district
shall establish qualifications for the office, specify the duties and length of service of
referees, and fix their compensation not to exceed an amount per day determined by the
chief judge of the judicial district.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 4. LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.
    Subdivision 1. Establishment. An eligible city may establish a license reinstatement
diversion pilot program for holders of class D drivers' licenses who have been charged
with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but have not yet
entered a plea in the proceedings. An individual charged with driving after revocation
under Minnesota Statutes, section 171.24, subdivision 2, is eligible for diversion only if
the revocation was due to a violation of Minnesota Statutes, section 169.791; 169.797;
169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6). An individual
who is a holder of a commercial driver's license or who has committed an offense in a
commercial motor vehicle is ineligible for participation in the diversion pilot program.
    Subd. 2. Eligible cities. Each of the cities of Duluth, St. Paul, South St. Paul,
West St. Paul, and Inver Grove Heights is eligible to establish the license reinstatement
diversion pilot program within its city. The commissioner of public safety may permit
other cities to establish license reinstatement diversion pilot programs within their cities.
    Subd. 3. Contract. Notwithstanding any law or ordinance to the contrary, an
eligible city may contract with a third party to create and administer the diversion program.
    Subd. 4. Diversion of individual. A prosecutor for a participating city may
determine whether to accept an individual for diversion, and in doing so shall consider:
(1) whether the individual has a record of driving without a valid license or other
criminal record, or has previously participated in a diversion program;
(2) the strength of the evidence against the individual, along with any mitigating
factors; and
(3) the apparent ability and willingness of the individual to participate in the
diversion program and comply with its requirements.
    Subd. 5. Diversion driver's license. (a) Notwithstanding any law to the contrary,
the commissioner of public safety may issue a diversion driver's license to a person who
is a participant in a pilot program for diversion, following receipt of an application and
payment of:
(1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by
a participant whose driver's license has been suspended;
(2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169.791; 169.797; or 171.17, subdivision 1, paragraph (a), clause (6); or
(3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which
are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also
must be paid during the course of, and as a condition of, the diversion program.
The diversion driver's license may bear restrictions imposed by the commissioner suitable
to the licensee's driving ability or 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.
(b) Payments by participants in the diversion program of the reinstatement fee and
surcharge under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), must be
applied first toward payment of the reinstatement fee, and after the reinstatement fee has
been fully paid, toward payment of the surcharge. Each payment that is applied toward
the reinstatement fee must be credited as provided in Minnesota Statutes, section 171.29,
subdivision 2, paragraph (b), and each payment that is applied toward the surcharge must
be credited as provided in Minnesota Statutes, section 171.29, subdivision 2, paragraphs
(c) and (d).
    Subd. 6. Components of program. (a) At a minimum, the diversion program
must require individuals to:
(1) successfully attend and complete, at the individual's expense, educational classes
that provide, among other things, information on drivers' licensure;
(2) pay, according to a schedule approved by the prosecutor, all required fees,
fines, and charges, including applicable statutory license reinstatement fees and costs
of participation in the program;
(3) comply with all traffic laws; and
(4) demonstrate compliance with vehicle insurance requirements.
(b) An individual who is accepted into the pilot program is eligible to apply for a
diversion driver's license.
    Subd. 7. Termination of participation in diversion program. (a) An individual's
participation in the diversion program may terminate when:
(1) during participation in the program, the individual is guilty of a moving traffic
violation or failure to provide vehicle insurance;
(2) the third-party administrator of the diversion program informs the court and the
commissioner of public safety that the individual is no longer satisfying the conditions
of the diversion; or
(3) the third-party administrator informs the court, the prosecutor, and the
commissioner of public safety that the individual has met all conditions of the diversion
program, including, at a minimum, satisfactory fulfillment of the components in
subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline
to prosecute.
(b) Upon termination of an individual's participation in the diversion program, the
commissioner shall cancel the individual's diversion driver's license.
(c) The original charge against the individual of violation of Minnesota Statutes,
section 171.24, may be reinstated against an individual whose participation in the
diversion program terminates under paragraph (a), clause (1) or (2).
(d) The commissioner shall reinstate the driver's license of an individual whose
participation in the diversion program terminates under paragraph (a), clause (3).
    Subd. 8. Report. (a) By February 1, 2011, the commissioner of public safety and
each eligible city that participates in the diversion program shall report to the legislative
committees with jurisdiction over transportation and the judiciary concerning the results
of the program. The report must be made electronically and available in print only upon
request. The report must include, without limitation, the effect of the program on:
(1) recidivism rates for participants in the diversion pilot program;
(2) the number of unlicensed drivers who continue to drive in violation of Minnesota
Statutes, section 171.24;
(3) payment of the fees and fines collected in the diversion pilot program to cities,
counties, and the state;
(4) educational support provided to participants in the diversion pilot program; and
(5) the total number of participants in the diversion pilot program and the number of
participants who have terminated from the pilot program under subdivision 7, paragraph
(a), clauses (1) to (3).
    (b) The report must include recommendations regarding the future of the program
and any necessary legislative changes.
    Subd. 9. Sunset. The pilot project under this section expires June 30, 2011.
EFFECTIVE DATE.This section is effective July 1, 2009.

    Sec. 5. REPEALER.
Minnesota Statutes 2008, section 383B.65, subdivision 2, is repealed.

ARTICLE 4
CORRECTIONS

    Section 1. Minnesota Statutes 2008, section 244.195, subdivision 2, is amended to read:
    Subd. 2. Detention pending hearing. When it appears necessary to enforce
discipline or to prevent a person on conditional release from escaping or absconding from
supervision, a court services director has the authority to issue a written order directing
any peace officer in the county or any county probation officer in the state serving the
district and juvenile courts of the county to detain and bring the person before the court
or the commissioner, whichever is appropriate, for disposition. This written order is
sufficient authority for the peace officer or probation officer to detain the person for not
more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing
before the court or the commissioner.

    Sec. 2. Minnesota Statutes 2008, section 244.195, subdivision 3, is amended to read:
    Subd. 3. Release before hearing. A court services director has the authority to
issue a written order directing a county any peace officer or probation officer serving the
district and juvenile courts of the county in the state to release a person detained under
subdivision 2 within 72 hours, excluding Saturdays, Sundays, and holidays, without an
appearance before the court or the commissioner. This written order is sufficient authority
for the county peace officer or probation officer to release the detained person.

    Sec. 3. Minnesota Statutes 2008, section 244.195, subdivision 4, is amended to read:
    Subd. 4. Detention of pretrial releasee. A court services director has the authority
to issue a written order directing any peace officer in the county or any probation officer
serving the district and juvenile courts of the county in the state to detain any person on
court-ordered pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release. A written order issued under this subdivision is sufficient
authority for the peace officer or probation officer to detain the person.

    Sec. 4. Minnesota Statutes 2008, 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 $75
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 $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, 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 court administrator or other entity collecting the
surcharge imposed by the court.
EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
surcharges collected by the chief executive officer of a correctional facility on or after
that date.

    Sec. 5. Minnesota Statutes 2008, section 401.025, subdivision 1, is amended to read:
    Subdivision 1. Peace officers and probation officers serving CCA counties. (a)
When it appears necessary to enforce discipline or to prevent a person on conditional
release from escaping or absconding from supervision, the chief executive officer or
designee of a community corrections agency in a CCA county has the authority to issue
a written order directing any peace officer in the county or any probation officer in the
state serving the district and juvenile courts of the county to detain and bring the person
before the court or the commissioner, whichever is appropriate, for disposition. This
written order is sufficient authority for the peace officer or probation officer to detain the
person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a
hearing before the court or the commissioner.
(b) The chief executive officer or designee of a community corrections agency in a
CCA county has the authority to issue a written order directing a peace officer or probation
officer serving the district and juvenile courts of the county to release a person detained
under paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays, without
an appearance before the court or the commissioner. This written order is sufficient
authority for the peace officer or probation officer to release the detained person.
(c) The chief executive officer or designee of a community corrections agency in a
CCA county has the authority to issue a written order directing any peace officer in the
county or any probation officer serving the district and juvenile courts of the county to
detain any person on court-ordered pretrial release who absconds from pretrial release
or fails to abide by the conditions of pretrial release. A written order issued under this
paragraph is sufficient authority for the peace officer or probation officer to detain the
person.

    Sec. 6. Minnesota Statutes 2008, section 471.59, is amended by adding a subdivision
to read:
    Subd. 12b. Correctional officers. If there is an agreement, merger, or consolidation
between two or more local correctional or detention facilities, a correctional officer who
becomes employed by a new entity created by the agreement, merger, or consolidation
must receive credit for accumulated vacation and sick leave time earned by the correctional
officer during the officer's employment with a governmental unit immediately preceding
the creation of the new entity. If a correctional officer working pursuant to an agreement,
merger, or consolidation becomes employed by the new entity, the correctional officer is
considered to have begun employment with the new entity on the first day of employment
with the governmental unit employing the correctional officer immediately preceding the
creation of the new entity and must be credited with all previously accumulated vacation
and sick leave time.
EFFECTIVE DATE.This section is effective July 1, 2009.

    Sec. 7. Minnesota Statutes 2008, section 629.34, subdivision 1, is amended to read:
    Subdivision 1. Peace officers. (a) A peace officer, as defined in section 626.84,
subdivision 1
, clause (c), who is on or off duty within the jurisdiction of the appointing
authority, or on duty outside the jurisdiction of the appointing authority pursuant to section
629.40, may arrest a person without a warrant as provided under paragraph (c).
(b) A part-time peace officer, as defined in section 626.84, subdivision 1, clause (d),
who is on duty within the jurisdiction of the appointing authority, or on duty outside the
jurisdiction of the appointing authority pursuant to section 629.40 may arrest a person
without a warrant as provided under paragraph (c).
(c) A peace officer or part-time peace officer who is authorized under paragraph (a)
or (b) to make an arrest without a warrant may do so under the following circumstances:
(1) when a public offense has been committed or attempted in the officer's presence;
(2) when the person arrested has committed a felony, although not in the officer's
presence;
(3) when a felony has in fact been committed, and the officer has reasonable cause
for believing the person arrested to have committed it;
(4) upon a charge based upon reasonable cause of the commission of a felony by
the person arrested;
(5) under the circumstances described in clause (2), (3), or (4), when the offense is a
gross misdemeanor violation of section 609.52, 609.595, 609.631, 609.749, or 609.821; or
(6) under circumstances described in clause (2), (3), or (4), when the offense is a
nonfelony violation of a restraining order or no contact order previously issued by a
court.; or
(7) under the circumstances described in clause (2), (3), or (4), when the offense is
a gross misdemeanor violation of section 609.485 and the person arrested is a juvenile
committed to the custody of the commissioner of corrections.
(d) To make an arrest authorized under this subdivision, the officer may break open
an outer or inner door or window of a dwelling house if, after notice of office and purpose,
the officer is refused admittance.
EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
persons escaping from custody on or after that date.

    Sec. 8. STUDY OF EVIDENCE-BASED PRACTICES IN MINNESOTA;
REPORT TO THE LEGISLATURE.
    Subdivision 1. Direction. The Department of Correction's Minnesota Information
and Supervision Services Committee's Evidence-Based Practices Policy Team shall
undertake an assessment of the use of evidence-based practices for community supervision
in Minnesota and opportunities for greater implementation of evidence-based practices.
    Subd. 2. Subject matter. (a) The policy team must review, assess, and make
specific recommendations with regard to the following areas:
(1) implementation of evidence-based practices intended to reduce recidivism;
(2) improvement of policies and practices for crime victims;
(3) establishment of an earned compliance credit program;
(4) performance measures for community supervision agencies;
(5) potential performance incentives for community supervision agencies; and
(6) any other topic related to evidence-based practices that the committee deems
appropriate for inclusion.
(b) In assessing the topics listed in paragraph (a), the policy team must address
the following:
(1) the extent to which evidence-based practices are currently used in Minnesota;
(2) fiscal barriers to further implementation of evidence-based practices;
(3) structural barriers to further implementation of evidence-based practices;
(4) statutory barriers to further implementation of evidence-based practices;
(5) potential solutions that address the identified barriers; and
(6) any other factor that the committee deems necessary to fully assess the state
of evidence-based practices in Minnesota.
    Subd. 3. Report to legislature. The policy team shall report its findings
and recommendations to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over criminal justice
policy and funding by January 15, 2011.
EFFECTIVE DATE.This section is effective July 1, 2009.

    Sec. 9. REPEALER.
Minnesota Statutes 2008, sections 244.195, subdivision 5; 260B.199, subdivision 2;
and 260B.201, subdivision 3, are repealed.

ARTICLE 5
PUBLIC SAFETY

    Section 1. Minnesota Statutes 2008, section 12.03, is amended by adding a subdivision
to read:
    Subd. 9b. Specialized emergency response team. "Specialized emergency
response team" means a team that has been approved by the state director of the Division
of Homeland Security and Emergency Management for the purpose of supplementing
state or local resources for responding to an emergency or disaster.

    Sec. 2. [12.351] SPECIALIZED EMERGENCY RESPONSE TEAM.
The state director of the Division of Homeland Security and Emergency Management
shall determine if, in response to an emergency or disaster, activation of a specialized
emergency response team for deployment to any political subdivision is in the public
interest. If so, the state director may activate a team. When activated by the state director,
team members not employed by any political subdivision struck by the emergency or
disaster are deemed employees of the state for purposes of workers' compensation and tort
claim defense and indemnification. The provisions of chapter 176 and other applicable
statutes must be followed for purposes of calculating workers' compensation benefits.

    Sec. 3. Minnesota Statutes 2008, 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:
(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
grams;
(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
grams;
(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
of atropine sulfate per dosage unit; or
(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, calculated as
the base.
(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.
A document described under clause (2) must be retained by the establishment for
at least three years and must at all reasonable times be open to the inspection of any
law enforcement agency.
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, calculated as the base, 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 (b) 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.

    Sec. 4. Minnesota Statutes 2008, section 152.02, subdivision 12, is amended to read:
    Subd. 12. Coordination of controlled substance regulation with federal law and
state statute. If any substance is designated, rescheduled, or deleted as a controlled
substance under federal law and notice thereof is given to the state Board of Pharmacy, the
state Board of Pharmacy shall similarly control the substance under this chapter, after the
expiration of 30 days from publication in the Federal Register of a final order designating
a substance as a controlled substance or rescheduling or deleting a substance. Such order
shall be filed with the secretary of state. If within that 30-day period, the state Board of
Pharmacy objects to inclusion, rescheduling, or deletion, it shall publish the reasons for
objection and afford all interested parties an opportunity to be heard. At the conclusion of
the hearing, the state Board of Pharmacy shall publish its decision, which shall be subject
to the provisions of chapter 14.
In exercising the authority granted by this chapter, the state Board of Pharmacy shall
be subject to the provisions of chapter 14. The state Board of Pharmacy shall provide
copies of any proposed rule under this chapter to the advisory council on controlled
substances at least 30 days prior to any hearing required by section 14.14, subdivision 1.
The state Board of Pharmacy shall consider the recommendations of the advisory council
on controlled substances, which may be made prior to or at the hearing.
The state Board of Pharmacy shall annually submit a report to the legislature on or
before December 1 that specifies what changes the board made to the controlled substance
schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in
the preceding 12 months. The report must include specific recommendations for amending
the controlled substance schedules contained in subdivisions 2 to 6, so that they conform
with the controlled substance schedules maintained by the board in Minnesota Rules,
parts 6800.4210 to 6800.4250.

    Sec. 5. Minnesota Statutes 2008, section 169.71, subdivision 1, is amended to read:
    Subdivision 1. Prohibitions generally; exceptions. (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;
(2) any objects suspended between the driver and the windshield, other than:
(i) sun visors and;
(ii) rearview mirrors;
(iii) global positioning systems or navigation systems when mounted or located near
the bottommost portion of the windshield; and
(iv) electronic toll collection devices; or
(3) any sign, poster, or other nontransparent material upon the front windshield,
sidewings, or side or rear windows of 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.

    Sec. 6. [181.981] EMPLOYMENT OF INDIVIDUAL WITH CRIMINAL
HISTORY; LIMITATION ON ADMISSIBILITY OF EVIDENCE.
    Subdivision 1. Limitation on admissibility of criminal history. Information
regarding a criminal history record of an employee or former employee may not be
introduced as evidence in a civil action against a private employer or its employees or
agents that is based on the conduct of the employee or former employee, if:
(1) the duties of the position of employment did not expose others to a greater degree
of risk than that created by the employee or former employee interacting with the public
outside of the duties of the position or that might be created by being employed in general;
(2) before the occurrence of the act giving rise to the civil action, a court order sealed
any record of the criminal case or the employee or former employee received a pardon; or
(3) the record is of an arrest or charge that did not result in a criminal conviction.
    Subd. 2. Relation to other law. This section does not supersede a statutory
requirement to conduct a criminal history background investigation or consider criminal
history records in hiring for particular types of employment.
EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
actions commenced on or after that date.

    Sec. 7. Minnesota Statutes 2008, section 240.08, is amended by adding a subdivision
to read:
    Subd. 2a. Certain occupational licenses. The commission may issue a license to
an applicant otherwise disqualified pursuant to subdivision 2, clause (b), for an occupation
that does not involve gaming operations, security, surveillance, or the handling of
pari-mutuel or card club revenues provided that the applicant has not been convicted of a
felony or a crime involving fraud or misrepresentation within ten years of application,
has never been convicted of a gambling-related offense, does not have a felony charge
pending, has been discharged from any supervision related to the disqualifying offense for
a period of at least five years, and is not required to register pursuant to section 243.166.

    Sec. 8. Minnesota Statutes 2008, section 244.10, is amended by adding a subdivision
to read:
    Subd. 5a. Aggravating factors. (a) As used in this section, "aggravating factors"
include, but are not limited to, situations where:
(1) the victim was particularly vulnerable due to age, infirmity, or reduced physical
or mental capacity, which was known or should have been known to the offender;
(2) the victim was treated with particular cruelty for which the offender should
be held responsible;
(3) the current conviction is for a criminal sexual conduct offense or an offense
in which the victim was otherwise injured and there is a prior felony conviction for a
criminal sexual conduct offense or an offense in which the victim was otherwise injured;
(4) the offense was a major economic offense, identified as an illegal act or series
of illegal acts committed by other than physical means and by concealment or guile to
obtain money or property, to avoid payment or loss of money or property, or to obtain
business or professional advantage. The presence of two or more of the circumstances
listed below are aggravating factors with respect to the offense:
(i) the offense involved multiple victims or multiple incidents per victim;
(ii) the offense involved an attempted or actual monetary loss substantially greater
than the usual offense or substantially greater than the minimum loss specified in the
statutes;
(iii) the offense involved a high degree of sophistication or planning or occurred
over a lengthy period of time;
(iv) the offender used the offender's position or status to facilitate the commission of
the offense, including positions of trust, confidence, or fiduciary relationships; or
(v) the offender had been involved in other conduct similar to the current offense
as evidenced by the findings of civil or administrative law proceedings or the imposition
of professional sanctions;
(5) the offense was a major controlled substance offense, identified as an offense or
series of offenses related to trafficking in controlled substances under circumstances more
onerous than the usual offense. The presence of two or more of the circumstances listed
below are aggravating factors with respect to the offense:
(i) the offense involved at least three separate transactions in which controlled
substances were sold, transferred, or possessed with intent to do so;
(ii) the offense involved an attempted or actual sale or transfer of controlled
substances in quantities substantially larger than for personal use;
(iii) the offense involved the manufacture of controlled substances for use by
other parties;
(iv) the offender knowingly possessed a firearm during the commission of the
offense;
(v) the circumstances of the offense reveal the offender to have occupied a high
position in the drug distribution hierarchy;
(vi) the offense involved a high degree of sophistication or planning or occurred
over a lengthy period of time or involved a broad geographic area of disbursement; or
(vii) the offender used the offender's position or status to facilitate the commission
of the offense, including positions of trust, confidence, or fiduciary relationships;
(6) the offender committed, for hire, a crime against the person;
(7) the offender is sentenced according to section 609.3455, subdivision 3a;
(8) the offender is a dangerous offender who committed a third violent crime, as
described in section 609.1095, subdivision 2;
(9) the offender is a career offender as described in section 609.1095, subdivision 4;
(10) the offender committed the crime as part of a group of three or more persons
who all actively participated in the crime;
(11) the offender intentionally selected the victim or the property against which the
offense was committed, in whole or in part, because of the victim's, the property owner's,
or another's actual or perceived race, color, religion, sex, sexual orientation, disability,
age, or national origin;
(12) the offender used another's identity without authorization to commit a crime.
This aggravating factor may not be used when the use of another's identity is an element
of the offense;
(13) the offense was committed in the presence of a child; and
(14) the offense was committed in a location in which the victim had an expectation
of privacy.
(b) Notwithstanding section 609.04 or 609.035, or other law to the contrary, when a
court sentences an offender for a felony conviction, the court may order an aggravated
sentence beyond the range specified in the sentencing guidelines grid based on any
aggravating factor arising from the same course of conduct.
(c) Nothing in this section limits a court from ordering an aggravated sentence based
on an aggravating factor not described in paragraph (a).
EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
committed on or after that date.

    Sec. 9. Minnesota Statutes 2008, section 299A.681, is amended to read:
299A.681 FINANCIAL CRIMES OVERSIGHT COUNCIL ADVISORY
BOARD AND TASK FORCE.
    Subdivision 1. Oversight Council Advisory board. The Minnesota Financial
Crimes Oversight Council Advisory Board shall provide guidance advice to the
commissioner of public safety related to the investigation and prosecution of identity
theft and financial crime.
    Subd. 2. Membership. The Oversight Council advisory board 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) (7) a representative from the Board of Public Defense, selected by that board;
(8) a representative from a federal law enforcement agency, selected by the advisory
board;
(9) a representative from the retail merchants industry, selected by the advisory
board;
(10) a representative from the banking and credit union industry, selected by the
advisory board;
(11) a representative on behalf of senior citizens, selected by the advisory board;
(12) the statewide commander of the task force;
    (12) a representative from the Board of Public Defense, selected by the board;
    (13) two additional members selected by the oversight council advisory board;
    (14) a senator who serves on the committee having jurisdiction over criminal justice
policy, chosen by the Subcommittee on Committees of the senate Committee on Rules
and Administration; and
    (15) a representative who serves on the committee having jurisdiction over criminal
justice policy, chosen by the speaker of the house.
The oversight council advisory board may adopt procedures to govern its conduct and
shall select a chair from among its members. The legislative members of the council
advisory board may not vote on matters before the council board.
    Subd. 3. Duties. The oversight council shall develop advisory board shall offer
advice to the commissioner on the development of 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 on a statewide basis and in a
multijurisdictional manner. Additionally, the oversight council The commissioner shall:
(1) establish a multijurisdictional statewide Minnesota Financial Crimes Task Force
to investigate major financial crimes;
(2) with advice from the advisory board, select a statewide commander of the task
force who serves at the pleasure of the oversight council commissioner;
(3) assist the Department of Public Safety in developing develop an objective grant
review application process that is free from conflicts of interest;
(4) make funding recommendations to the commissioner of public safety on with
advice from the advisory board, issue grants to support efforts to combat identity theft
and financial crime;
(5) with advice from the advisory board, 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) with advice from the advisory board, develop and approve an operational budget
for the office of the statewide commander and the oversight council Minnesota Financial
Crimes Task Force; 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 businesses,
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 a 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 commissioner of
public safety for approval; and
(9) submit quarterly task force activity reports to the oversight council advisory
board.
    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 with advice from the advisory board, 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 commissioner
may establish a victims' assistance program to assist victims of economic crimes and
provide prevention and awareness programs. The oversight council commissioner 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 commissioner 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 be approved by
the commissioner. 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 Advisory board and task force are permanent.
Notwithstanding section 15.059, this section does not expire.
    Subd. 10. Funding. The oversight council commissioner 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 task force's fiscal agent shall handle
all funds approved by the oversight council commissioner, 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 task force 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.
    Subd. 13. Report required. By February 1 of each year, the oversight council
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 the activities of the council and task force. At a minimum,
this annual report must include:
    (1) a description of the council's and task force's goals for the previous year and
for the coming year;
    (2) a description of the outcomes the council and task force achieved or did not
achieve during the preceding year and a description of the outcomes they will seek to
achieve during the coming year;
    (3) any legislative recommendations the council or task force advisory board or
commissioner has including, where necessary, a description of the specific legislation
needed to implement the recommendations;
    (4) a detailed accounting of how appropriated money, grants, and in-kind
contributions were spent; and
    (5) a detailed accounting of the grants awarded under this section.

    Sec. 10. [325F.135] UNSAFE RECALLED TOYS; PROHIBITION ON SALE.
(a) No commercial retailer shall sell in this state a toy that the commercial retailer
knows at the time of the sale has been recalled for any safety-related reason by an agency
of the federal government or by the toy's manufacturer, wholesaler, distributor, or importer.
(b) For purposes of this section, "toy" means an item designed primarily for the
purpose of play activity by children under the age of 12 years and "recalled" excludes
corrective actions that involve safety alerts, parts replacement, or consumer repairs.
(c) This section shall be enforced under sections 325F.14 to 325F.16.
EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
violations occurring on or after that date.

    Sec. 11. [364.021] PUBLIC EMPLOYMENT; CONSIDERATION OF
CRIMINAL RECORDS.
(a) A public employer may not inquire into or consider the criminal record or
criminal history of an applicant for public employment until the applicant has been
selected for an interview by the employer.
(b) This section does not apply to the Department of Corrections or to public
employers who have a statutory duty to conduct a criminal history background check
or otherwise take into consideration a potential employee's criminal history during the
hiring process.
(c) This section does not prohibit a public employer from notifying applicants that
law or the employer's policy will disqualify an individual with a particular criminal history
background from employment in particular positions.

    Sec. 12. Minnesota Statutes 2008, section 403.36, is amended by adding a subdivision
to read:
    Subd. 1g. State Interoperability Executive Committee. (a) In addition to
responsibilities provided for in subdivision 1e, the Statewide Radio Board is designated as
Minnesota's State Interoperability Executive Committee.
(b) As Minnesota's State Interoperability Executive Committee, the Statewide
Radio Board shall:
(1) develop and maintain a statewide plan for local and private public safety
communications interoperability that integrates with the Minnesota emergency operation
plan;
(2) develop and adopt guidelines and operational standards for local and private
public safety communications interoperability within Minnesota;
(3) promote coordination and cooperation among local, state, federal, and
tribal public safety agencies in addressing statewide public safety communications
interoperability within Minnesota;
(4) advise the commissioner of the Department of Public Safety on public safety
communications interoperability and on the allocation and use of funds made available to
Minnesota to support public safety communications interoperability;
(5) to the extent permitted by federal law, Federal Communications Commission
regulations, and the National Telecommunications and Information Administration,
develop guidelines and standards for the efficient use of interoperability frequencies on all
frequency spectrums assigned to public safety users; and
(6) to the extent permitted by federal law and treaties with Canada, develop
guidelines and standards that support interoperability with adjoining states and provinces
of Canada along Minnesota's northern border.

    Sec. 13. Minnesota Statutes 2008, section 403.36, subdivision 2, is amended to read:
    Subd. 2. Plan contents. (a) The statewide, shared radio and communication system
project plan must include:
(1) standards, guidelines, and comprehensive design for the system, including use
and integration of existing public and private communications infrastructure;
(2) proposed project implementation schedule, phases, and estimated costs for each
phase of the plan;
(3) recommended statutory changes required for effective implementation and
administration of the statewide, shared trunked radio and communication system; and
(4) an interoperability committee to make recommendations on the statewide plan
for local and private public safety communications interoperability and on guidelines and
operational standards necessary to promote public safety communications interoperability
within Minnesota; and
(4) (5) a policy for the lease of excess space or capacity on systems constructed under
the project plan, consistent with section 174.70, subdivision 2, with priority given first to
local units of government for public safety communication transmission needs and second
to any other communications transmission needs of either the public or private sector.
(b) The Statewide Radio Board must ensure that generally accepted project
management techniques are utilized for each project or phase of the backbone of the
statewide, shared radio and communication system consistent with guidelines of the
Project Management Office of the Office of Enterprise Technology:
(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.

    Sec. 14. Minnesota Statutes 2008, section 471.59, is amended by adding a subdivision
to read:
    Subd. 12a. Joint exercise of police power; employees. If an agreement,
merger, or consolidation authorizes the exercise of peace officer or police powers by an
officer appointed by one of the governmental units within the jurisdiction of the other
governmental unit, a peace officer or public safety dispatcher, working pursuant to or as a
result of that agreement, merger, or consolidation, must receive credit for accumulated
vacation and sick leave time earned within the governmental unit employing the peace
officer or public safety dispatcher immediately preceding the agreement, merger, or
consolidation. If a peace officer or public safety dispatcher working pursuant to an
agreement, merger, or consolidation becomes employed by the new entity, that peace
officer or public safety dispatcher is considered to have begun employment with the new
entity on the first day of employment by the governmental unit employing the peace
officer or public safety dispatcher immediately preceding the creation of the new entity
and must be credited with all previously accumulated vacation and sick leave time.
EFFECTIVE DATE.This section is effective July 1, 2009.

    Sec. 15. Minnesota Statutes 2008, 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.
(1) "Premises" means real property and any appurtenant building or structure.
(2) "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
168.002, subdivision 16.
(3) "Construction site" means the site of the construction, alteration, painting, or
repair of a building or structure.
(4) "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.
(5) "Posted," as used:
(i) in paragraph (b), 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
(ii) in paragraph (b), clause (10), means the placement of signs that:
(A) state "no trespassing" or similar terms;
(B) display letters at least two inches high;
(C) state that Minnesota law prohibits trespassing on the property; and
(D) are posted in a conspicuous place and at intervals of 500 feet or less.
(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative
of a building trades labor or management organization.
(7) "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 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;
(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; or
(11) crosses into or enters any public or private area lawfully cordoned off by or at
the direction of a peace officer engaged in the performance of official duties. As used in
this clause: (i) an area may be "cordoned off" through the use of tape, barriers, or other
means conspicuously placed and identifying the area as being restricted by a peace officer
and identifying the responsible authority; and (ii) "peace officer" has the meaning given in
section 626.84, subdivision 1. It is an affirmative defense to a charge under this clause
that a peace officer permitted entry into the restricted area.
EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
committed on or after that date.

    Sec. 16. Minnesota Statutes 2008, section 626.843, subdivision 1, is amended to read:
    Subdivision 1. Rules required. The board shall adopt rules with respect to:
(1) the certification of peace officer training schools, programs, or courses including
training schools for the Minnesota State Patrol. Such schools, programs and courses
shall include those administered by the state, county, school district, municipality, or
joint or contractual combinations thereof, and shall include preparatory instruction in
law enforcement and minimum basic training courses postsecondary schools to provide
programs of professional peace officer education;
(2) minimum courses of study, attendance requirements, and equipment and facilities
to be required at each certified peace officers training school located within the state;
(3) minimum qualifications for coordinators and instructors at certified peace officer
training schools offering a program of professional peace officer education located within
this state;
(4) minimum standards of physical, mental, and educational fitness which shall
govern the recruitment admission to professional peace officer education programs and
the licensing of peace officers within the state, by any state, county, municipality, or joint
or contractual combination thereof, including members of the Minnesota State Patrol;
(5) board-approved continuing education courses that ensure professional
competence of peace officers and part-time peace officers;
(6) minimum standards of conduct which would affect the individual's performance
of duties as a peace officer. These standards shall be established and published. The
board shall review the minimum standards of conduct described in this clause for possible
modification in 1998 and every three years after that time;
(6) minimum basic training which peace officers appointed to temporary or
probationary terms shall complete before being eligible for permanent appointment,
and the time within which such basic training must be completed following any such
appointment to a temporary or probationary term;
(7) minimum specialized training which part-time peace officers shall complete in
order to be eligible for continued employment as a part-time peace officer or permanent
employment as a peace officer, and the time within which the specialized training must
be completed;
(8) content of minimum basic training courses required of graduates of certified law
enforcement training schools or programs. Such courses shall not duplicate the content
of certified academic or general background courses completed by a student but shall
concentrate on practical skills deemed essential for a peace officer. Successful completion
of such a course (7) a set of educational learning objectives that must be met within a
certified school's professional peace officer education program. These learning objectives
must concentrate on the knowledge, skills, and abilities deemed essential for a peace
officer. Education in these learning objectives shall be deemed satisfaction satisfactory for
the completion of the minimum basic training requirement;
(9) grading, reporting, attendance and other records, and certificates of attendance
or accomplishment;
(10) the procedures to be followed by a part-time peace officer for notifying
the board of intent to pursue the specialized training for part-time peace officers who
desire to become peace officers pursuant to clause (7), and section 626.845, subdivision
1
, clause (7);
(11) (8) the establishment and use by any political subdivision or state law
enforcement agency which that employs persons licensed by the board of procedures for
investigation and resolution of allegations of misconduct by persons licensed by the board.
The procedures shall be in writing and shall be established on or before October 1, 1984;
(12) (9) the issues that must be considered by each political subdivision and state
law enforcement agency that employs persons licensed by the board in establishing
procedures under section 626.5532 to govern the conduct of peace officers who are in
pursuit of a vehicle being operated in violation of section 609.487, and requirements for
the training of peace officers in conducting pursuits. The adoption of specific procedures
and requirements is within the authority of the political subdivision or agency;
(13) (10) supervision of part-time peace officers and requirements for documentation
of hours worked by a part-time peace officer who is on active duty. These rules shall be
adopted by December 31, 1993;
(14) (11) citizenship requirements for full-time peace officers and part-time peace
officers;
(15) (12) driver's license requirements for full-time peace officers and part-time
peace officers; and
(16) (13) such other matters as may be necessary consistent with sections 626.84 to
626.863. Rules promulgated by the attorney general with respect to these matters may be
continued in force by resolution of the board if the board finds the rules to be consistent
with sections 626.84 to 626.863.

    Sec. 17. Minnesota Statutes 2008, section 626.843, subdivision 3, is amended to read:
    Subd. 3. Board authority. The board may, in addition:
(1) recommend studies, surveys, and reports to be made by the executive director
regarding the carrying out of the objectives and purposes of sections 626.841 to 626.863;
(2) visit and inspect any peace officer training certified school approved by the
executive director that offers the professional peace officer education program or for
which application for such approval certification has been made;
(3) make recommendations, from time to time, to the executive director, attorney
general, and the governor regarding the carrying out of the objectives and purposes of
sections 626.841 to 626.863;
(4) perform such other acts as may be necessary or appropriate to carry out the
powers and duties of the board as set forth in under sections 626.841 to 626.863; and
(5) cooperate with and receive financial assistance from and join in projects or
enter into contracts with the federal government or its agencies for the furtherance of
the purposes of Laws 1977, chapter 433.

    Sec. 18. Minnesota Statutes 2008, section 626.845, subdivision 1, is amended to read:
    Subdivision 1. Powers and duties. The board shall have the following powers
and duties:
(1) to certify peace officers' training schools or programs administered by state,
county and municipalities located within this state in whole or in part no later than 90
days after receipt of an application for certification. The reasons for noncertification of
any school or program or part thereof shall be transmitted to the school within 90 days
and shall contain a detailed explanation of the reasons for which the school or program
was disapproved and an explanation of what supporting material or other requirements
are necessary for the board to reconsider. Disapproval of a school or program shall
not preclude the reapplication for certification of the school or program postsecondary
schools to provide programs of professional peace officer education based on a set of
board-approved professional peace officer education learning objectives;
(2) to issue certificates to postsecondary schools, and to revoke such certification
when necessary to maintain the objectives and purposes of sections 626.841 to 626.863;
(3) to certify, as qualified, instructors at peace officer training schools, and to issue
appropriate certificates to such instructors;
(4) to license peace officers who have satisfactorily completed certified basic training
programs, met the education and experience requirements and passed examinations as
required by the board;
(4) to develop and administer licensing examinations based on the board's learning
objectives;
(5) to cause studies and surveys to be made relating to the establishment, operation,
and approval of state, county, and municipal peace officer training schools;
(6) to consult and cooperate with state, county, and municipal peace officer training
schools continuing education providers for the development of in-service training
programs for peace officers;
(7) (6) to consult and cooperate with universities, colleges, and technical colleges
postsecondary schools for the development of specialized courses of instruction and study
in the state for peace officers and part-time peace officers in police science and police
administration and improvement of professional peace officer education;
(8) (7) to consult and cooperate with other departments and agencies of the state and
federal government concerned with peace officer standards and training;
(9) (8) to perform such other acts as may be necessary and appropriate to carry out
the powers and duties as set forth in the provisions of sections 626.841 to 626.863;
(10) to coordinate the provision, on a regional basis, of skills oriented basic training
courses to graduates of certified law enforcement training schools or programs;
(11) (9) to obtain criminal conviction data for persons seeking a license to be issued
or possessing a license issued by the board. The board shall have authority to obtain
criminal conviction data to the full extent that any other law enforcement agency, as that
term is defined by state or federal law, has to obtain the data;
(12) (10) to prepare and transmit annually to the governor a report of its activities
with respect to allocation of moneys money appropriated to it for peace officers training,
including the name and address of each recipient of money for that purpose, and the
amount awarded, and the purpose of the award; and
(13) (11) to assist and cooperate with any political subdivision or state law
enforcement agency which that employs persons licensed by the board to establish written
procedures for the investigation and resolution of allegations of misconduct of policies as
mandated by the state pertaining to persons licensed by the board, and to enforce licensing
sanctions for failure to implement such procedures these policies.
In addition, the board may maintain data received from law enforcement agencies
under section 626.87, subdivision 5, provide the data to requesting law enforcement
agencies who are conducting background investigations, and maintain data on applicants
and licensees as part of peace officer license data. The data that may be maintained
include the name of the law enforcement agency conducting the investigation and data on
the candidate provided under section 626.87, subdivision 5, clauses (1) and (2).

    Sec. 19. Minnesota Statutes 2008, section 626.863, is amended to read:
626.863 UNAUTHORIZED PRACTICE.
(a) A person who is not a peace officer or part-time peace officer is guilty of a
misdemeanor if the person: (1) makes a representation of being a peace officer or part-time
peace officer, or (2) performs or attempts to perform an act, duty, or responsibility reserved
by law for licensed peace officers and part-time peace officers.
(b) A peace officer who authorizes or knowingly allows a person to violate paragraph
(a) is guilty of a misdemeanor.
(c) The board shall designate the appropriate law enforcement agency to investigate
violations of this section. The attorney general shall prosecute violations of this section.
(d) A person who violates this section and who has previously been convicted of a
violation of this section is guilty of a gross misdemeanor.
EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
committed on or after that date.

    Sec. 20. Minnesota Statutes 2008, section 628.26, is amended to read:
628.26 LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may
be found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or
made at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made
at any time after the commission of the offense if the victim was under the age of 18 at
the time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim
was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause
(1) or (2), shall be found or made and filed in the proper court within six years after
the commission of the offense.
(e) Indictments or complaints for violation of sections 609.342 to 609.345 if the
victim was under the age of 18 years at the time the offense was committed, shall be found
or made and filed in the proper court within the later of nine years after the commission of
the offense or, if the victim failed to report the offense within this limitation period, within
three years after the offense was reported to law enforcement authorities.
(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
violation of sections 609.342 to 609.344 may be found or made and filed in the proper
court at any time after commission of the offense, if physical evidence is collected and
preserved that is capable of being tested for its DNA characteristics. If this evidence is not
collected and preserved and the victim was 18 years old or older at the time of the offense,
the prosecution must be commenced within nine years after the commission of the offense.
(g) Indictments or complaints for violation of sections 609.466 and 609.52,
subdivision 2
, clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.
(h) Indictments or complaints for violation of section 609.52, subdivision 2, clause
(3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the
property or services stolen is more than $35,000, shall be found or made and filed in the
proper court within five years after the commission of the offense.
(i) Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.
(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall
be found or made and filed in the proper court within five years after the commission
of the offense.
(k) In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.
(l) The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.
(m) The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
(n) The limitations periods contained in this section shall not include any period
of time during which physical evidence relating to the offense was undergoing DNA
analysis, as defined in section 299C.155, unless the defendant demonstrates that the
prosecuting or law enforcement agency purposefully delayed the DNA analysis process in
order to gain an unfair advantage.
EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
committed on or after that date, and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2009.

    Sec. 21. FINANCIAL CRIMES TASK FORCE TRANSITION.
(a) The appointing authorities under Minnesota Statutes, section 299A.681,
subdivision 2, shall complete the new appointments required under that section by August
1, 2009.
(b) The members of the Minnesota Financial Crimes Task Force appointed to the
task force by the Financial Crimes Oversight Council as provided in 2008 Minnesota
Statutes, section 299A.681, subdivision 3, shall continue to serve on the task force until
their successors have been appointed by the commissioner of public safety.

    Sec. 22. STATE BOARD OF PHARMACY; REPORT TO THE LEGISLATURE.
As part of the 2009 report to the legislature mandated by Minnesota Statutes,
section 152.02, subdivision 12, the state Board of Pharmacy shall specify all instances
where the controlled substance schedules contained in Minnesota Rules, parts 6800.4210
to 6800.4250, differ from the controlled substance schedules contained in Minnesota
Statutes, section 152.02, subdivisions 2 to 6.

    Sec. 23. WORKING GROUP ON IMPAIRED DRIVING OFFENDERS.
The chairs of the house Public Safety Policy Committee and the senate Judiciary
Committee shall consider jointly appointing a working group to review and potentially
propose changes to the state's policies and laws regarding impaired driving offenders.

    Sec. 24. [135A.1459] POLICIES ON HIRING PRACTICES.
The commissioner of administration, the Board of the Minnesota State Colleges and
Universities, the Regents of the University of Minnesota, and statutory and home rule
charter cities may adopt policies that address the goal of improving employment for
local residents or former criminal offenders.

    Sec. 25. REPEALER.
Minnesota Statutes 2008, section 403.36, subdivision 1f, is repealed.

ARTICLE 6
BCA INFORMATION SERVICE DIVISION MODIFICATIONS

    Section 1. Minnesota Statutes 2008, section 13.87, subdivision 1, is amended to read:
    Subdivision 1. Criminal history data. (a) Definition. For purposes of this
subdivision, "criminal history data" means all data maintained in criminal history
records compiled by the Bureau of Criminal Apprehension and disseminated through
the criminal justice information system, including, but not limited to fingerprints,
photographs, identification data, arrest data, prosecution data, criminal court data, custody
and supervision data.
    (b) Classification. Criminal history data maintained by agencies, political
subdivisions and statewide systems are classified as private, pursuant to section 13.02,
subdivision 12
, except that data created, collected, or maintained by the Bureau of
Criminal Apprehension that identify an individual who was convicted of a crime, the
offense of which the individual was convicted, associated court disposition and sentence
information, controlling agency, and confinement information are public data for 15 years
following the discharge of the sentence imposed for the offense. If an individual's name
or other identifying information is erroneously associated with a criminal history and a
determination is made through a fingerprint verification that the individual is not the
subject of the criminal history, the name or other identifying information must be redacted
from the public criminal history data. The name and other identifying information must be
retained in the criminal history and are classified as private data.
    The Bureau of Criminal Apprehension shall provide to the public at the central office
of the bureau the ability to inspect in person, at no charge, through a computer monitor the
criminal conviction data classified as public under this subdivision.
    (c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
made public by section 13.82.

    Sec. 2. Minnesota Statutes 2008, section 84.027, subdivision 17, is amended to read:
    Subd. 17. Background checks for volunteer instructors. (a) The commissioner
may conduct background checks for volunteer instructor applicants for department safety
training and education programs, including the programs established under sections
84.791 (youth off-highway motorcycle safety education and training), 84.86 and 84.862
(youth and adult snowmobile safety training), 84.925 (youth all-terrain vehicle safety
education and training), 97B.015 (youth firearms safety training), and 97B.025 (hunter
and trapper education and training).
(b) The commissioner shall perform the background check by retrieving criminal
history data as defined in section 13.87 maintained in the criminal justice information
system (CJIS) by the Bureau of Criminal Apprehension in the Department of Public
Safety and other data sources.
(c) The commissioner shall develop a standardized form to be used for requesting a
background check, which must include:
(1) a notification to the applicant that the commissioner will conduct a background
check under this section;
(2) a notification to the applicant of the applicant's rights under paragraph (d); and
(3) a signed consent by the applicant to conduct the background check expiring one
year from the date of signature.
(d) The volunteer instructor applicant who is the subject of a background check
has the right to:
(1) be informed that the commissioner will request a background check on the
applicant;
(2) be informed by the commissioner of the results of the background check and
obtain a copy of the background check;
(3) obtain any record that forms the basis for the background check and report;
(4) challenge the accuracy and completeness of the information contained in the
report or a record; and
(5) be informed by the commissioner if the applicant is rejected because of the
result of the background check.

    Sec. 3. Minnesota Statutes 2008, section 122A.18, subdivision 8, is amended to read:
    Subd. 8. Background checks. (a) The Board of Teaching and the commissioner
of education must request a criminal history background check from the superintendent
of the Bureau of Criminal Apprehension on all applicants for initial licenses under their
jurisdiction. An application for a license under this section must be accompanied by:
(1) an executed criminal history consent form, including fingerprints; and
(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.
(b) The superintendent of the Bureau of Criminal Apprehension shall perform
the background check required under paragraph (a) by retrieving criminal history data
maintained in the criminal justice information system computers as defined in section
13.87 and shall also conduct a search of the national criminal records repository, including
the criminal justice data communications network. The superintendent is authorized to
exchange fingerprints with the Federal Bureau of Investigation for purposes of the criminal
history check. The superintendent shall recover the cost to the bureau of a background
check through the fee charged to the applicant under paragraph (a).
(c) The Board of Teaching or the commissioner of education may issue a license
pending completion of a background check under this subdivision, but must notify
the individual that the individual's license may be revoked based on the result of the
background check.

    Sec. 4. Minnesota Statutes 2008, section 123B.03, subdivision 1, is amended to read:
    Subdivision 1. Background check required. (a) A school hiring authority shall
request a criminal history background check from the superintendent of the Bureau of
Criminal Apprehension on all individuals who are offered employment in a school and
on all individuals, except enrolled student volunteers, who are offered the opportunity to
provide athletic coaching services or other extracurricular academic coaching services to a
school, regardless of whether any compensation is paid. In order for an individual to be
eligible for employment or to provide the services, the individual must provide an executed
criminal history consent form and a money order or check payable to either the Bureau of
Criminal Apprehension or the school hiring authority, at the discretion of the school hiring
authority, in an amount equal to the actual cost to the Bureau of Criminal Apprehension
and the school district of conducting the criminal history background check. A school
hiring authority deciding to receive payment may, at its discretion, accept payment in the
form of a negotiable instrument other than a money order or check and shall pay the
superintendent of the Bureau of Criminal Apprehension directly to conduct the background
check. The superintendent of the Bureau of Criminal Apprehension shall conduct the
background check by retrieving criminal history data maintained in the criminal justice
information system computers as defined in section 13.87. A school hiring authority,
at its discretion, may decide not to request a criminal history background check on an
individual who holds an initial entrance license issued by the State Board of Teaching or
the commissioner of education within the 12 months preceding an offer of employment.
    (b) A school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:
    (1) the results of the criminal background check are on file with the other school
hiring authority or otherwise accessible;
    (2) the other school hiring authority conducted a criminal background check within
the previous 12 months;
    (3) the individual who is the subject of the criminal background check executes a
written consent form giving a school hiring authority access to the results of the check; and
    (4) there is no reason to believe that the individual has committed an act subsequent
to the check that would disqualify the individual for employment.
    (c) A school hiring authority may, at its discretion, request a criminal history
background check from the superintendent of the Bureau of Criminal Apprehension on
any individual who seeks to enter a school or its grounds for the purpose of serving as a
school volunteer or working as an independent contractor or student employee. In order
for an individual to enter a school or its grounds under this paragraph when the school
hiring authority decides to request a criminal history background check on the individual,
the individual first must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school district in an amount
equal to the actual cost to the Bureau of Criminal Apprehension and the school district
of conducting the criminal history background check. Notwithstanding section 299C.62,
subdivision 1
, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.
    (d) For all nonstate residents who are offered employment in a school, a school
hiring authority shall request a criminal history background check on such individuals
from the superintendent of the Bureau of Criminal Apprehension and from the government
agency performing the same function in the resident state or, if no government entity
performs the same function in the resident state, from the Federal Bureau of Investigation.
Such individuals must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school hiring authority in an
amount equal to the actual cost to the government agencies and the school district of
conducting the criminal history background check. Notwithstanding section 299C.62,
subdivision 1
, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.
    (e) At the beginning of each school year or when a student enrolls, a school hiring
authority must notify parents and guardians about the school hiring authority's policy
requiring a criminal history background check on employees and other individuals who
provide services to the school, and identify those positions subject to a background check
and the extent of the hiring authority's discretion in requiring a background check. The
school hiring authority may include the notice in the student handbook, a school policy
guide, or other similar communication. Nothing in this paragraph affects a school hiring
authority's ability to request a criminal history background check on an individual under
paragraph (c).

    Sec. 5. Minnesota Statutes 2008, section 246.13, subdivision 2, is amended to read:
    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 the 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 or used 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 criminal history data as defined in
section 13.87, Integrated Search Service as defined in section 13.873, 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
this paragraph, 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, as
necessary to comply with Minnesota Rules, part 1205.0400:
(1) to determine whether a patient is required under state law to register as a
predatory offender according to section 243.166;
(2) to facilitate and expedite the responsibilities of the special review board and
end-of-confinement review committees by corrections institutions and state treatment
facilities;
(3) to 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) to facilitate the custody, supervision, and transport of individuals transferred
between the Department of Corrections and the Department of Human Services; or
(5) to effectively monitor and supervise individuals who are under the authority of
the Department of Corrections, the Department of Human Services, and the supervisory
authorities listed in section 13.84, subdivision 1.
(c) The state-operated services treatment facility must make a good faith effort
to obtain written authorization from the patient before releasing information from the
patient's medical record.
(d) If the patient refuses or is unable to give informed consent to authorize the
release of information required above, the chief executive officer for state-operated
services shall provide the appropriate and necessary medical and other records. The chief
executive officer shall comply with the minimum necessary requirements.
(e) The commissioner may have access to the National Crime Information Center
(NCIC) database, through the Department of Public Safety, in support of the law
enforcement functions described in paragraph (b).

    Sec. 6. Minnesota Statutes 2008, section 253B.141, subdivision 1, is amended to read:
    Subdivision 1. Report of absence. (a) If a patient committed under this chapter or
detained under a judicial hold is absent without authorization, and either: (1) does not
return voluntarily within 72 hours of the time the unauthorized absence began; or (2) is
considered by the head of the treatment facility to be a danger to self or others, then the
head of the treatment facility shall report the absence to the local law enforcement agency.
The head of the treatment facility shall also notify the committing court that the patient is
absent and that the absence has been reported to the local law enforcement agency. The
committing court may issue an order directing the law enforcement agency to transport the
patient to an appropriate facility.
(b) Upon receiving a report that a patient subject to this section is absent without
authorization, the local law enforcement agency shall enter information on the patient
through the criminal justice information system into the missing persons file of the
National Crime Information Center computer according to the missing persons practices.

    Sec. 7. Minnesota Statutes 2008, section 299C.115, is amended to read:
299C.115 WARRANT INFORMATION PROVIDED TO STATE.
(a) By January 1, 1996, every county shall, in the manner provided in either clause
(1) or (2), make warrant information available to other users of the Minnesota criminal
justice information system criminal justice data communications network as defined
in section 299C.46:
(1) the county shall enter the warrant information in the warrant file of the Minnesota
criminal justice information system maintained by the Bureau of Criminal Apprehension
in the Department of Public Safety; or
(2) the county, at no charge to the state, shall make the warrant information that
is maintained in the county's computer accessible by means of a single query to the
Minnesota criminal justice information system made through the Bureau of Criminal
Apprehension in the Department of Public Safety.
(b) As used in this section, "warrant information" means information on all
outstanding felony, gross misdemeanor, and misdemeanor warrants for adults and
juveniles that are issued within the county.

    Sec. 8. Minnesota Statutes 2008, section 299C.40, subdivision 1, is amended to read:
    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
section.
(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
in the Department of Public Safety and managed by the Bureau of Criminal Apprehension,
Criminal Justice Information Systems Section. A reference in this section to "CIBRS"
includes the Bureau of Criminal Apprehension.
(c) "Law enforcement agency" means a Minnesota municipal police department,
the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
Minnesota Police Department, the Department of Corrections Fugitive Apprehension
Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or
the Minnesota State Patrol.

    Sec. 9. Minnesota Statutes 2008, section 299C.46, subdivision 1, is amended to read:
    Subdivision 1. Establishment; interconnection. The commissioner of public
safety shall establish a criminal justice data communications network which will enable
the interconnection of the criminal justice agencies within the state into a unified criminal
justice information system. The commissioner of public safety is authorized to lease
or purchase facilities and equipment as may be necessary to establish and maintain the
data communications network.

    Sec. 10. Minnesota Statutes 2008, section 299C.52, subdivision 1, is amended to read:
    Subdivision 1. Definitions. As used in sections 299C.52 to 299C.56, the following
terms have the meanings given them:
(a) "Child" means any person under the age of 18 years or any person certified or
known to be mentally incompetent.
(b) "CJIS" means Minnesota criminal justice information system.
(c) "Missing" means the status of a child after a law enforcement agency that
has received a report of a missing child has conducted a preliminary investigation and
determined that the child cannot be located.
(d) (c) "NCIC" means National Crime Information Center.
(e) (d) "Endangered" means that a law enforcement official has received sufficient
evidence that the child is with a person who presents a threat of immediate physical injury
to the child or physical or sexual abuse of the child.

    Sec. 11. Minnesota Statutes 2008, section 299C.52, subdivision 3, is amended to read:
    Subd. 3. Computer equipment and programs. The commissioner shall provide
the necessary computer hardware and computer programs to enter, modify, and cancel
information on missing children in the NCIC computer through the CJIS. These programs
must provide for search and retrieval of information using the following identifiers:
physical description, name and date of birth, name and Social Security number, name
and driver's license number, vehicle license number, and vehicle identification number.
The commissioner shall also provide a system for regional, statewide, multistate, and
nationwide broadcasts of information on missing children. These broadcasts shall be
made by local law enforcement agencies where possible or, in the case of statewide or
nationwide broadcasts, by the Bureau of Criminal Apprehension upon request of the local
law enforcement agency.

    Sec. 12. Minnesota Statutes 2008, section 299C.52, subdivision 4, is amended to read:
    Subd. 4. Authority to enter or retrieve information. Only law enforcement
agencies may enter missing child information through the CJIS into the NCIC computer or
retrieve information through the CJIS from the NCIC computer.

    Sec. 13. Minnesota Statutes 2008, section 299C.53, subdivision 1, is amended to read:
    Subdivision 1. Investigation and entry of information. Upon receiving a report
of a child believed to be missing, a law enforcement agency shall conduct a preliminary
investigation to determine whether the child is missing. If the child is initially determined
to be missing and endangered, the agency shall immediately consult the Bureau of
Criminal Apprehension during the preliminary investigation, in recognition of the fact
that the first two hours are critical. If the child is determined to be missing, the agency
shall immediately enter identifying and descriptive information about the child through
the CJIS into the NCIC computer. Law enforcement agencies having direct access to the
CJIS and the NCIC computer shall enter and retrieve the data directly and shall cooperate
in the entry and retrieval of data on behalf of law enforcement agencies which do not
have direct access to the systems.

    Sec. 14. Minnesota Statutes 2008, section 299C.62, subdivision 1, is amended to read:
    Subdivision 1. Generally. The superintendent shall develop procedures to enable a
children's service provider to request a background check to determine whether a children's
service worker is the subject of any reported conviction for a background check crime.
The superintendent shall perform the background check by retrieving and reviewing data
on background check crimes maintained in the CJIS computers. The superintendent is
authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes
of a criminal history check. The superintendent shall recover the cost of a background
check through a fee charged the children's service provider.

    Sec. 15. Minnesota Statutes 2008, 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 state chief information officer, the commissioner of finance, 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 integration of statewide criminal justice information system integration
(CriMNet) systems. This integration effort shall be known as CriMNet. The policy group
may hire 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;
(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.

    Sec. 16. Minnesota Statutes 2008, 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 of representatives and senate committees and divisions
with jurisdiction over criminal justice funding and policy.
    (b) The CriMNet program office executive director, 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 executive director shall also
review the requests submitted for compatibility to statewide criminal justice information
systems standards.
    (c) 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 applicants within each grant offering. 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 executive
director 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 executive director shall establish the recipient's
reporting dates at the time funds are awarded.

    Sec. 17. Minnesota Statutes 2008, section 299C.68, subdivision 2, is amended to read:
    Subd. 2. Procedures. The superintendent shall develop procedures to enable an
owner to request a background check to determine whether a manager is the subject of
a reported conviction for a background check crime. The superintendent shall perform
the background check by retrieving and reviewing data on background check crimes
maintained in the CJIS computers. The superintendent shall notify the owner in writing
of the results of the background check. If the manager has resided in Minnesota for
less than ten years or upon request of the owner, the superintendent shall also either:
(1) conduct a search of the national criminal records repository, including the criminal
justice data communications network; or (2) conduct a search of the criminal justice data
communications network records in the state or states where the manager has resided
for the preceding ten years. The superintendent is authorized to exchange fingerprints
with the Federal Bureau of Investigation for purposes of the criminal history check.
The superintendent shall recover the cost of a background check through a fee charged
to the owner.

    Sec. 18. Minnesota Statutes 2008, section 388.24, subdivision 4, is amended to read:
    Subd. 4. Reporting of data to criminal justice information system (CJIS)
Bureau of Criminal Apprehension. Effective August 1, 1997, every county attorney who
establishes a diversion program under this section shall report the following information
to the Bureau of Criminal Apprehension:
(1) the name and date of birth of each diversion program participant and any other
identifying information the superintendent considers necessary;
(2) the date on which the individual began to participate in the diversion program;
(3) the date on which the individual is expected to complete the diversion program;
(4) the date on which the individual successfully completed the diversion program,
where applicable; and
(5) the date on which the individual was removed from the diversion program for
failure to successfully complete the individual's goals, where applicable.
The superintendent shall cause the information described in this subdivision to be
entered into and maintained in the criminal history file of the Minnesota Criminal Justice
Information System as defined in section 13.87.

    Sec. 19. Minnesota Statutes 2008, section 401.065, subdivision 3a, is amended to read:
    Subd. 3a. Reporting of data to criminal justice information system (CJIS)
Bureau of Criminal Apprehension. (a) Every county attorney who establishes a
diversion program under this section shall report the following information to the Bureau
of Criminal Apprehension:
(1) the name and date of birth of each diversion program participant and any other
identifying information the superintendent considers necessary;
(2) the date on which the individual began to participate in the diversion program;
(3) the date on which the individual is expected to complete the diversion program;
(4) the date on which the individual successfully completed the diversion program,
where applicable; and
(5) the date on which the individual was removed from the diversion program for
failure to successfully complete the individual's goals, where applicable.
The superintendent shall cause the information described in this subdivision to be
entered into and maintained in the criminal history file of the Minnesota criminal justice
information system as defined in section 13.87.
(b) Effective August 1, 1997, the reporting requirements of this subdivision shall
apply to misdemeanor offenses.

    Sec. 20. Minnesota Statutes 2008, section 480.23, is amended to read:
480.23 COMPUTER ACQUISITION BY COURTS.
In order to facilitate the effective management and coordination of the Minnesota
courts system, an appropriate official of any court or of a local governmental unit in
providing services to any court, if authorized by the state court administrator and with the
concurrence of the contracting vendor, may acquire electronic data processing equipment
or services through an existing contract originated by the Supreme Court. The state court
administrator shall grant this authority only pursuant to the implementation of justice
information systems compatible with systems participating on the Minnesota Criminal
Justice Information Systems Communications Network administered by the Bureau of
Criminal Apprehension in the Department of Public Safety.

    Sec. 21. Minnesota Statutes 2008, section 518.165, subdivision 5, is amended to read:
    Subd. 5. Procedure, criminal history, and maltreatment records background
study. (a) When the court requests a background study under subdivision 4, paragraph
(a), the request shall be submitted to the Department of Human Services through the
department's electronic online background study system.
(b) When the court requests a search of the National Criminal Records Repository,
the court must provide a set of classifiable fingerprints of the subject of the study on a
fingerprint card provided by the commissioner of human services.
(c) The commissioner of human services shall provide the court with information
criminal history data as defined in section 13.87 from the Bureau of Criminal
Apprehension's Criminal Justice Information System Apprehension in the Department of
Public Safety, other criminal history data held by the commissioner of human services,
and data regarding substantiated maltreatment of a minor under section 626.556, and
substantiated maltreatment of a vulnerable adult under section 626.557, within 15
working days of receipt of a request. If the subject of the study has been determined by
the Department of Human Services or the Department of Health to be the perpetrator
of substantiated maltreatment of a minor or vulnerable adult in a licensed facility, the
response must include a copy of the public portion of the investigation memorandum
under section 626.556, subdivision 10f, or the public portion of the investigation
memorandum under section 626.557, subdivision 12b. When the background study shows
that the subject has been determined by a county adult protection or child protection
agency to have been responsible for maltreatment, the court shall be informed of the
county, the date of the finding, and the nature of the maltreatment that was substantiated.
The commissioner shall provide the court with information from the National Criminal
Records Repository within three working days of the commissioner's receipt of the data.
When the commissioner finds no criminal history or substantiated maltreatment on a
background study subject, the commissioner shall make these results available to the court
electronically through the secure online background study system.
(d) Notwithstanding section 626.556, subdivision 10f, or 626.557, subdivision
12b
, if the commissioner or county lead agency has information that a person on whom
a background study was previously done under this section has been determined to be a
perpetrator of maltreatment of a minor or vulnerable adult, the commissioner or the county
may provide this information to the court that requested the background study.

    Sec. 22. Minnesota Statutes 2008, section 524.5-118, subdivision 2, is amended to read:
    Subd. 2. Procedure; criminal history and maltreatment records background
check. (a) The court shall request the commissioner of human services to complete a
background study under section 245C.32. The request must be accompanied by the
applicable fee and the signed consent of the subject of the study authorizing the release of
the data obtained to the court. If the court is requesting a search of the National Criminal
Records Repository, the request must be accompanied by a set of classifiable fingerprints
of the subject of the study. The fingerprints must be recorded on a fingerprint card
provided by the commissioner of human services.
(b) The commissioner of human services shall provide the court with information
criminal history data as defined in section 13.87 from the Bureau of Criminal
Apprehension's criminal justice information system Apprehension in the Department of
Public Safety, other criminal history data held by the commissioner of human services,
and data regarding substantiated maltreatment of vulnerable adults under section 626.557
and substantiated maltreatment of minors under section 626.556 within 15 working days
of receipt of a request. If the subject of the study has been the perpetrator of substantiated
maltreatment of a vulnerable adult or minor, the response must include a copy of the
public portion of the investigation memorandum under section 626.557, subdivision
12b
, or the public portion of the investigation memorandum under section 626.556,
subdivision 10f
. If the court did not request a search of the National Criminal Records
Repository and information from the Bureau of Criminal Apprehension indicates that the
subject is a multistate offender or that multistate offender status is undetermined, the
response must include this information. The commissioner shall provide the court with
information from the National Criminal Records Repository within three working days
of the commissioner's receipt of the data.
(c) Notwithstanding section 626.557, subdivision 12b, or 626.556, subdivision 10f, if
the commissioner of human services or a county lead agency has information that a person
on whom a background study was previously done under this section has been determined
to be a perpetrator of maltreatment of a vulnerable adult or minor, the commissioner or the
county may provide this information to the court that requested the background study. The
commissioner may also provide the court with additional criminal history or substantiated
maltreatment information that becomes available after the background study is done.

    Sec. 23. Minnesota Statutes 2008, 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 necessary to prepare criminal cases in
which the public defender has been appointed 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 241.065; and diversion
program data under section 299C.46, subdivision 5.
The public defender has access to data under this section, whether accessed via CriMNet
the integrated search service as defined in section 13.873 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; 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.

    Sec. 24. Minnesota Statutes 2008, section 628.69, subdivision 6, is amended to read:
    Subd. 6. Reporting of data to criminal justice information system (CJIS)
Bureau of Criminal Apprehension. Every county attorney who has established a pretrial
diversion program under this section shall report the following information to the Bureau
of Criminal Apprehension:
(1) the name and date of birth of each diversion program participant, and any other
identifying information the superintendent considers necessary;
(2) the date on which the individual began to participate in the diversion program;
(3) the date on which the individual is expected to complete the diversion program;
(4) the date on which the individual successfully completed the diversion program,
where applicable; and
(5) the date on which the individual was removed from the diversion program for
failure to successfully complete the individual's goals, where applicable.
The superintendent shall cause the information described in this subdivision to be
entered into and maintained in the criminal history file of the Minnesota Criminal Justice
Information System as defined in section 13.87.

    Sec. 25. REPEALER.
Minnesota Statutes 2008, sections 299C.61, subdivision 8; and 299C.67, subdivision
3, are repealed.
Presented to the governor May 7, 2009
Signed by the governor May 11, 2009, 3:00 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