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1994 Minnesota Session Laws

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                            CHAPTER 636-H.F.No. 2351 
                  An act relating to crime and crime prevention; 
                  appropriating money for the attorney general, public 
                  defense, courts, corrections, criminal justice, and 
                  crime prevention and education programs; increasing 
                  penalties for a variety of violent crimes; requiring 
                  certain dangerous repeat offenders to serve mandatory 
                  minimum sentences; increasing regulation of and 
                  penalties for unlawful possession or use of firearms 
                  and other dangerous weapons; expanding the forfeiture 
                  law's definition of "weapon used"; requiring the 
                  destruction of forfeited weapons used, firearms, 
                  ammunition, and firearm accessories; increasing the 
                  maximum fine applicable to petty misdemeanor traffic 
                  violations; requiring the sentencing guidelines 
                  commission to study the guidelines and related 
                  statutes; providing for access to and sharing of 
                  government data relating to criminal investigations; 
                  improving law enforcement investigations of reports of 
                  missing and endangered children; providing a number of 
                  new investigative tools for law enforcement agencies; 
                  regulating explosives and blasting agents; modifying 
                  programs in state and local correctional facilities; 
                  increasing crime victim rights and protections; 
                  authorizing additional district court judgeships; 
                  increasing court witness fees; requiring a study of 
                  civil commitment laws; completing the state takeover 
                  of public defender services; authorizing a variety of 
                  crime prevention programs; amending Minnesota Statutes 
                  1992, sections 2.722, subdivision 1; 8.06; 13.32, by 
                  adding a subdivision; 13.99, subdivision 79; 84.9691; 
                  144.125; 145A.05, by adding a subdivision; 169.89, 
                  subdivision 2; 171.18, subdivision 1; 171.22, 
                  subdivision 2; 219.383, subdivision 4; 241.021, 
                  subdivision 2; 241.26, subdivision 7; 243.05, 
                  subdivision 1, and by adding subdivisions; 243.166, 
                  subdivision 5; 243.18, subdivision 1; 243.23, 
                  subdivision 2; 243.24, subdivision 1; 244.09, 
                  subdivision 11, and by adding a subdivision; 244.12, 
                  subdivisions 1 and 2; 244.13, subdivisions 1 and 3; 
                  244.15, subdivision 4; 244.172, subdivision 3; 
                  244.173; 253B.19, subdivision 2; 260.132, by adding a 
                  subdivision; 260.161, subdivision 2, and by adding 
                  subdivisions; 260.165, subdivision 1; 299A.31; 
                  299A.32, subdivision 3; 299A.34, subdivisions 1 and 2; 
                  299A.35, subdivision 3; 299A.36; 299A.38, subdivision 
                  3; 299C.065, as amended; 299C.11; 299C.14; 299C.52, 
                  subdivision 1; 299C.53, subdivision 1, and by adding a 
                  subdivision; 299D.07; 299F.72, subdivision 2, and by 
                  adding subdivisions; 299F.73; 299F.74; 299F.75; 
                  299F.77; 299F.78, subdivision 1; 299F.79; 299F.80; 
                  299F.82; 299F.83; 357.22; 357.241; 357.242; 383B.225, 
                  subdivision 6; 388.051, by adding a subdivision; 
                  477A.012, by adding subdivisions; 484.74, subdivision 
                  4; 485.06; 487.25, by adding a subdivision; 494.05; 
                  508.11; 600.23, subdivision 1; 609.0331; 609.0332; 
                  609.115, subdivision 1; 609.152, by adding a 
                  subdivision; 609.165, by adding a subdivision; 
                  609.185; 609.223, by adding a subdivision; 609.2231, 
                  subdivision 2; 609.224, subdivision 3; 609.245; 
                  609.25, subdivision 2; 609.26, subdivisions 1 and 6; 
                  609.28; 609.3241; 609.325, subdivision 2; 609.341, 
                  subdivisions 4, 9, 11, and 12; 609.342, subdivision 1; 
                  609.377; 609.485, subdivisions 2 and 4; 609.506, by 
                  adding a subdivision; 609.52, subdivision 3; 609.5315, 
                  subdivisions 3, 6, and by adding a subdivision; 
                  609.5316, subdivisions 1 and 3; 609.561, by adding a 
                  subdivision; 609.611; 609.66, subdivisions 1b, 1c, and 
                  by adding subdivisions; 609.713, subdivision 3; 
                  609.72, subdivision 1; 609.746, subdivision 1; 
                  609.855; 609.87, by adding a subdivision; 609.88, 
                  subdivision 1; 609.89, subdivision 1; 611.21; 611.26, 
                  subdivisions 4 and 6; 611A.036; 611A.045, subdivision 
                  3; 611A.19; 611A.53, subdivision 2; 617.23; 624.21; 
                  624.712, by adding subdivisions; 624.7131, subdivision 
                  2; 624.714, subdivisions 3, 4, and 6; 624.731, 
                  subdivisions 4 and 8; 626.556, subdivisions 3a, 6, and 
                  10e; 626.557, subdivisions 2, 10a, and 12; 626.76; 
                  626.846, subdivision 6; 626A.05, subdivision 2; 
                  629.471; 629.73; 631.021; 631.425, subdivision 6; 
                  642.09; Minnesota Statutes 1993 Supplement, sections 
                  8.15; 13.46, subdivision 2; 13.82, subdivision 10; 
                  171.24; 241.021, subdivision 1; 242.51; 243.166, 
                  subdivisions 1, 2, and 9; 243.18, subdivision 2; 
                  244.05, subdivision 5; 260.161, subdivision 3; 
                  299A.35, subdivision 1; 299C.10, subdivision 1; 
                  357.021, subdivision 2; 357.24; 388.23, subdivision 1; 
                  401.13; 480.30; 518B.01, subdivisions 6 and 14; 
                  593.48; 609.11, subdivisions 4, 5, 8, and by adding a 
                  subdivision; 609.1352, subdivision 1; 609.14, 
                  subdivision 1; 609.344, subdivision 1; 609.345, 
                  subdivision 1; 609.531, subdivision 1; 609.5315, 
                  subdivisions 1 and 2; 609.685, subdivision 3; 609.713, 
                  subdivision 1; 609.748, subdivision 5; 609.902, 
                  subdivision 4; 611.17; 611.20, subdivision 2; 611.27, 
                  subdivision 4; 611A.04, subdivision 1; 611A.06, 
                  subdivision 1; 611A.52, subdivision 8; 624.712, 
                  subdivision 5; 624.713, subdivision 1, and by adding a 
                  subdivision; 624.7131, subdivisions 1 and 10; 
                  624.7132, subdivisions 1, 2, 4, 8, 12, and 14; 
                  624.7181; 626.556, subdivision 2; 626.861, subdivision 
                  4; and 628.26; Laws 1993, chapter 146, article 2, 
                  section 32; proposing coding for new law in Minnesota 
                  Statutes, chapters 126; 144; 241; 242; 245; 253B; 
                  299C; 299F; 609; 611A; 624; 626; and 629; repealing 
                  Minnesota Statutes 1992, sections 8.34, subdivision 2; 
                  152.01, subdivision 17; 299F.71; 299F.72, subdivisions 
                  3 and 4; 299F.78, subdivision 2; 299F.815, subdivision 
                  2; 609.0332, subdivision 2; 609.855, subdivision 4; 
                  and 629.69; Minnesota Statutes 1993 Supplement, 
                  sections 243.18, subdivision 3; 299F.811; 299F.815, 
                  subdivision 1; and 624.7132, subdivision 7. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
                                 APPROPRIATIONS
        Section 1.  [CRIMINAL JUSTICE AND CRIME PREVENTION; 
        APPROPRIATIONS.] 
           The sums shown in the columns marked "APPROPRIATIONS" are 
        appropriated from the general fund, or another fund named, to 
        the agencies and for the purposes specified in this article, to 
        be available for the fiscal years indicated for each purpose.  
        The figures "1994" and "1995," where used in this article, mean 
        that the appropriation or appropriations listed under them are 
        available for the year ending June 30, 1994, or June 30, 1995, 
        respectively.  They are added to the appropriations for the 
        fiscal years ending June 30, 1994, and June 30, 1995, in Laws 
        1993, chapter 146, articles 2 and 3, or another named law. 
                                SUMMARY BY FUND
                                  1994          1995           TOTAL
        General Fund Total $    1,549,000 $   35,164,000 $   36,713,000
                                                   APPROPRIATIONS 
                                               Available for the Year 
                                                   Ending June 30 
                                                  1994         1995 
        Sec. 2.  ATTORNEY GENERAL          $     -0-     $      230,000
        This appropriation is for four attorney 
        positions for purposes of the merger of 
        the public higher education systems.  
        This appropriation shall not be 
        included in the budget base for the 
        1996-1997 biennium. 
        For the 1996-1997 detailed operating 
        budget submitted to the legislature, 
        the department of finance, in 
        consultation with the attorney 
        general's office and the agencies 
        covered by article 10 shall make the 
        proper base adjustments to the budgets 
        of each agency in order to implement 
        the funding changes that result from 
        article 10. 
        Sec. 3.  BOARD OF PUBLIC DEFENSE         -0-          4,368,000
        $4,368,000 is for the purpose of 
        completing the assumption by the state 
        of the costs of public defense 
        services.  This appropriation is for 
        the period January 1, 1995, to June 30, 
        1995, and shall be annualized for the 
        1996-1997 biennium.  This appropriation 
        may be used to fund no more than one 
        dispositional advisor in each judicial 
        district. 
        Of this appropriation, the board may 
        use up to $23,000 for the purpose of 
        replacing discontinued federal funding, 
        and up to $5,000 for a criminal trial 
        certification program for defense 
        attorneys and prosecutors regarding 
        misdemeanor, gross misdemeanor, and 
        felony criminal cases.  The board shall 
        develop the trial certification program 
        in conjunction with the Minnesota state 
        bar association and shall submit it to 
        the Minnesota board of legal 
        certification for approval. 
        Sec. 4.  BOARD OF PEACE OFFICER
        OFFICER STANDARDS AND TRAINING                 -0-         25,000
        This appropriation is for developing a 
        model policy for child abduction 
        investigations.  The appropriation 
        shall not be included in the budget 
        base for the 1996-1997 biennium. 
        Sec. 5.  CORRECTIONS                    1,549,000      21,348,000
        Subdivision 1.  Correctional 
        Institutions  
             1,549,000    18,059,000
        $2,480,000 is for 116 correctional 
        positions at MCF-Oak Park Heights, 
        MCF-St. Cloud, and MCF-Stillwater to be 
        phased in between July 1, 1994, and 
        June 30, 1995.  The appropriation must 
        be used to add the positions according 
        to the plans agreed to by corrections 
        department management and union 
        officials at the three facilities. 
        $9,000,000 is to provide for additional 
        operating expenses associated with the 
        conversion of the Lino Lakes 
        correctional facility to a central 
        adult reception center and expansion of 
        male bed capacity at the facility, 
        including 230 beds for chemical 
        dependency treatment; and $5,478,000 is 
        to provide for additional operating 
        expenses associated with expansion of 
        adult male bed capacity at the 
        Faribault correctional facility upon 
        the transfer of buildings from the 
        department of human services to the 
        department of corrections. 
        Notwithstanding any law to the 
        contrary, the commissioner of human 
        services may transfer any building or 
        buildings on the Faribault regional 
        treatment center campus to the 
        department of corrections upon a 
        determination that the building or 
        buildings are no longer needed for 
        residential treatment services programs.
        $2,250,000 is for additional salary 
        obligations. 
        $400,000 is to provide for special
        medical care costs for
        correctional inmates.
        Subd. 2.  Community Services 
               -0-          2,914,000
        $400,000 is for two pilot programs in 
        Hennepin and Ramsey counties to provide 
        transitional programming and intensive 
        surveillance and supervision for 
        offenders who have just been released 
        from prison on supervised release.  The 
        pilot programs shall be designed to 
        improve offender accountability for 
        observing the conditions of supervised 
        release, to reduce recidivism, and to 
        reduce the risk these offenders may 
        pose to public safety.  
        The pilot programs shall include a 
        research component designed to answer 
        the following questions, at a minimum: 
        (a) Did the higher level of 
        supervision, surveillance, and control 
        provided under the pilot programs 
        increase the number of offenders who 
        successfully complied with the 
        conditions of supervised release as 
        compared to offenders who did not 
        participate in the programs? 
        (b) Over the longer term, were there 
        fewer felony-level crimes committed by 
        the offenders who participated in the 
        pilot programs as compared to offenders 
        who did not participate in the programs?
        $400,000 is for the process of 
        selecting and developing two work and 
        learn sites.\H* (The preceding paragraph\h 
        \Hbeginning "$400,000" was vetoed by the\h 
        \Hgovernor.)\h 
        $1,500,000 is for probation services 
        statewide. 
        $174,000 is for a grant to the joint 
        community corrections program of Dodge, 
        Fillmore, and Olmsted counties to 
        provide alternative programming for 
        offenders who are presumptive 
        commitments to state prison. 
        $440,000 is for reimbursements to 
        counties for pretrial bail evaluation 
        services. 
        Subd. 3.  Management Services 
               -0-           300,000
        $100,000 is for mini-grants to programs 
        for juvenile female offenders.\H* (The\h 
        \Hpreceding paragraph beginning\h 
        \H"$100,000" was vetoed by the governor.)\h 
        $200,000 is for domestic abuse advocacy 
        services in judicial assignment 
        districts not currently receiving 
        grants from the department.  
        These appropriations shall not be 
        included in the budget base for the 
        1996-1997 biennium. 
        Subd. 4.  Federal Revenue Study 
        The commissioner of finance shall 
        convene a working group composed of 
        representatives of the departments of 
        corrections and human services, the 
        association of Minnesota counties, and 
        the Minnesota association of community 
        corrections act counties to develop 
        state budget options for state fiscal 
        years 1996 and 1997 which will maximize 
        use of federal revenue or grant revenue 
        for medical or other treatment of 
        inmates in correctional facilities and 
        for the treatment of juveniles 
        adjudicated delinquent.  The working 
        group shall examine a wide range of 
        federal and state revenue sources 
        including, but not limited to, 
        AFDC-Emergency Assistance available 
        under Title IV-A of the Social Security 
        Act; AFDC-Foster Care payments 
        available under Title IV-E of the 
        Social Security Act; General Assistance 
        Medical Care (GAMC); and Medical 
        Assistance (MA); available under Title 
        XIX of the Social Security Act. 
        Subd. 5.  Prairie Correctional
        Facility Study 
               -0-              75,000
        To the commissioner of corrections, to 
        study the feasibility of purchasing the 
        Prairie correctional facility in the 
        city of Appleton as a medium security 
        correctional facility.  The study must 
        address at least the following:  the 
        availability of the facility; the 
        purchase price of the facility; 
        suitability of the facility for state 
        use; capital and other improvements 
        needed, and their cost, in order to 
        ensure that the facility meets 
        applicable state and federal standards; 
        and operating costs of the facility.  
        The commissioner of administration 
        shall provide assistance to the 
        commissioner of corrections as needed.  
        The study must be reported by February 
        1, 1995, to the chairs of the senate 
        crime prevention and house judiciary 
        committees, the chairs of the senate 
        crime prevention and house judiciary 
        finance divisions, and the chairs of 
        the senate finance and house ways and 
        means committees. 
        If the facility becomes available when 
        the legislature is not in session, the 
        governor, after consulting with the 
        legislative advisory commission under 
        Minnesota Statutes, section 3.30, may 
        direct the commissioner to enter into 
        agreements concerning the facility. 
        Subd. 6.  Corrections Pension Plan
        The commissioners of corrections and 
        human services shall meet with 
        representatives of special teachers, 
        nursing, direct care, support, trades, 
        and other professional correctional 
        personnel to develop a budget plan for 
        bringing employees who spend over 50 
        percent of their time in direct contact 
        with inmates into the corrections 
        pension plan.  This plan shall be 
        submitted to the chair of the 
        legislative commission on pensions and 
        retirement and the chairs of the senate 
        crime prevention finance division and 
        the house judiciary finance division by 
        December 1, 1994. 
        Subd. 7.  Juvenile Female Offenders
        The commissioner of corrections shall 
        collaborate with the commissioners of 
        human services, health, jobs and 
        training, planning, education, public 
        safety, and with representatives of the 
        private sector to develop a 
        comprehensive continuum of care to 
        address the gender-specific needs of 
        juvenile female offenders. 
        Sec. 6.  CORRECTIONS OMBUDSMAN           -0-             67,000
        Sec. 7.  COUNCIL ON AFFAIRS 
        OF SPANISH-SPEAKING PEOPLE               -0-             50,000
        $50,000 is appropriated from the 
        general fund to the council on the 
        affairs of Spanish-speaking people to 
        interview school district officials, 
        and identify and interview 
        Chicano/Latino student drop-outs and 
        their parents, by population subgroups 
        in selected Minnesota school districts, 
        to identify the causes and factors 
        which lead Chicano/Latino students to 
        leave school before completing the 
        requirements to receive the diploma.  
        The council shall make recommendations 
        to the chairs of the senate crime 
        prevention committee and the house of 
        representatives judiciary committee by 
        January 15, 1995.  The council must 
        consult with the state board of 
        education in conducting this study.  
        This appropriation shall not be 
        included in the budget base for the 
        1996-1997 biennium. 
        Sec. 8.  DISTRICT COURTS                 -0-          3,450,000
        $3,420,000 is for human resources 
        enhancements, including two new 
        district court judgeships beginning 
        October 1, 1994, and two new district 
        court judgeships beginning March 1, 
        1995; jury service enhancements phased 
        in after January 1, 1995; new judge 
        orientation; and training for judges on 
        the handling of child abduction cases.  
        This appropriation shall be annualized 
        for the 1996-1997 biennium. The supreme 
        court, in consultation with the state 
        court administrator, shall determine 
        the order in which these judgeships 
        shall be created in the districts in 
        which they are authorized.  The court 
        reporter positions funded by this 
        appropriation may be stenographic or 
        electronic at the option of the 
        appointing judge in accordance with 
        Minnesota Statutes, section 486.01.  
        Sufficient funds must be allocated for 
        that purpose within the constraints of 
        each judicial district budget.  
        $30,000 is for training for judicial 
        district coordinating councils on the 
        dynamics of sexual assault and on model 
        programs for handling sexual assault 
        cases. 
        Sec. 9.  EDUCATION                       -0-            100,000\H*\h
           \H(The appropriation of "100,000" was vetoed by the governor.)\h 
        $50,000 is to implement community-based 
        truancy action projects.  The project 
        must provide a one-to-one funding 
        match.  Funds shall not be used to 
        replace existing funding, but may be 
        used to supplement it.  This 
        appropriation is available until 
        expended.\H* (The preceding paragraph\h 
        \Hbeginning "$50,000" was vetoed by the\h 
        \Hgovernor.)\h  
        $50,000 is for awarding male 
        responsibility and fathering program 
        grants.  This appropriation is 
        available until June 30, 1996.  The 
        grant recipient must match $1 of state 
        money with at least 50 cents of 
        nonstate money or in-kind 
        contributions.  The commissioner shall 
        give greater consideration to awarding 
        a grant to those programs with a 
        greater nonstate match.\H* (The preceding\h 
        \Hparagraph beginning "$50,000" was\h 
        \Hvetoed by the governor.)\h 
        The appropriations in this section 
        shall not be included in the budget 
        base for the 1996-1997 biennium.  
        Sec. 10.  HEALTH                         -0-            230,000
        These appropriations shall not be 
        included in the budget base for the 
        1996-1997 biennium. 
        (a) Pilot Projects                                    
        $150,000 is for the institute for child 
        and adolescent sexual health to conduct 
        pilot projects. 
        (b) Teen Pregnancy Reduction                          
        $80,000 is to develop, in consultation 
        with the commissioner of education and 
        a representative from Minnesota 
        planning, a program to reduce teen 
        pregnancy modeled after the education 
        now and babies later (ENABL) program in 
        California. 
        Sec. 11.  HUMAN SERVICES                  -0-            150,000
        $100,000 is for incentive grants to 
        communities opting to include the Home 
        Instruction Program for Preschool 
        Youngsters (HIPPY) program as part of 
        their family service collaborative 
        efforts.  Of this amount, the 
        commissioner shall allocate $25,000 to 
        the Center for Asian-Pacific Islanders 
        for its child care and parenting 
        program.  If the Center for 
        Asian-Pacific Islanders does not apply 
        for or utilize the $25,000 by September 
        30, 1994, the money shall be available 
        for funding an alternative HIPPY site. 
        $50,000 is to implement the 
        CHIPS-delinquent intervention 
        demonstration project and to prepare 
        the required report. 
        The appropriations in this section 
        shall not be included in the budget 
        base for the 1996-1997 biennium. 
        Sec. 12.  JOBS AND TRAINING               -0-          1,850,000 
        $1,825,000 is for the Minnesota youth 
        program for summer youth employment.  
        This appropriation shall not be added 
        to the budget base for the 1996-1997 
        biennium. 
        $25,000 is for a juvenile match, to be 
        used to maximize the federal funds 
        available for juvenile justice programs 
        that target at-risk youth.  
        Sec. 13.  PUBLIC SAFETY                     -0-        2,011,000
        Subdivision 1.  Administration and 
        Related Services 
               -0-        1,151,000
        $200,000 is to fund neighborhood block 
        clubs and community-oriented policing 
        efforts.  This appropriation shall not 
        be added to the budget base for the 
        1996-1997 biennium. 
        $100,000 is for the crime information 
        reward fund.  This appropriation shall 
        not be added to the budget base for the 
        1996-1997 biennium.\H* (The preceding\h 
        \Hparagraph beginning "$100,000" was\h 
        \Hvetoed by the governor.)\h 
        $275,000 is to develop the criminal 
        alert network plan; to conduct a pilot 
        crime-fax project to test the 
        usefulness of broadcast fax for crime 
        alert and crime prevention 
        communications to private businesses 
        and other entities; to evaluate the 
        appropriateness of using various 
        existing state computer networks and 
        the INTERNET as an alert network to 
        disseminate information about crime and 
        criminal suspects; and for a network 
        coordinator position to facilitate the 
        development of the plan, the crime-fax 
        pilot project and the evaluation of the 
        networks for use as a crime alert 
        network. 
        $15,000 is to distribute a manual on 
        child abduction investigations.  This 
        appropriation shall not be added to the 
        budget base for the 1996-1997 biennium. 
        $200,000 is to make grants to local law 
        enforcement jurisdictions to develop 
        three truancy service centers.  
        Applicants must provide a one-to-one 
        funding match.  If the commissioner has 
        received applications from fewer than 
        three counties by the application 
        deadline, the commissioner may make 
        unallocated funds from this 
        appropriation available to an approved 
        grantee that can provide the required 
        one-to-one funding match for the 
        additional funds.  This appropriation 
        is available until expended.  This 
        appropriation shall not be added to the 
        budget base for the 1996-1997 
        biennium.\H* (The preceding paragraph\h 
        \Hbeginning "$200,000" was vetoed by the\h 
        \Hgovernor.)\h  
        $100,000 is to implement intensive 
        neglect intervention projects.  
        Applicants must provide a one-to-one 
        funding match.  Funds shall not be used 
        to replace existing funding for 
        services to children.  This 
        appropriation is available until 
        expended.  This appropriation shall not 
        be added to the budget base for the 
        1996-1997 biennium.\H* (The preceding\h 
        \Hparagraph beginning "$100,000" was\h 
        \Hvetoed by the governor.)\h  
        $25,000 is for a grant to the Nett Lake 
        community crime and drug prevention 
        program.  This appropriation shall not 
        be added to the budget base for the 
        1996-1997 biennium.\H* (The preceding\h 
        \Hparagraph beginning "$25,000" was\h 
        \Hvetoed by the governor.)\h  
        $56,000 is for a grant to the Region 
        Nine development commission for grants 
        to community-based early intervention 
        and prevention projects.  This 
        appropriation shall not be added to the 
        budget base for the 1996-1997 
        biennium.\H* (The preceding paragraph\h 
        \Hbeginning "$56,000" was vetoed by the\h 
        \Hgovernor.)\h  
        $10,000 is for the violence prevention 
        study and report conducted by the 
        chemical abuse and violence prevention 
        council.  The council may use part of 
        this appropriation to hire up to one 
        staff position.  This appropriation 
        shall not be added to the budget base 
        for the 1996-1997 biennium.\H* (The\h 
        \Hpreceding paragraph beginning "$10,000"\h 
        \Hwas vetoed by the governor.)\h 
        $50,000 is for a grant to fund the 
        activities of a statewide youth safety 
        initiative coordinated by the Minnesota 
        student safety program.  This 
        appropriation shall not be added to the 
        budget base for the 1996-1997 
        biennium.\H* (The preceding paragraph\h 
        \Hbeginning "$50,000" was vetoed by the\h 
        \Hgovernor.)\h 
        $100,000 is for the commissioner of 
        public safety, in cooperation with the 
        criminal and juvenile justice 
        information policy group, to study the 
        feasibility and cost of developing, 
        establishing, and operating a 
        centralized system for tracking and 
        integrating information regarding the 
        arrest, prosecution, conviction, 
        sentencing, treatment, and driver's 
        license records of persons who commit 
        alcohol-related driving offenses.  On 
        or before February 1, 1995, the 
        commissioner shall submit a report to 
        the legislature containing the 
        commissioner's findings and 
        recommendations.  This appropriation 
        shall not be added to the budget base 
        for the 1996-1997 biennium. 
        $20,000 is for an independent 
        evaluation of the intensive probation 
        grant program established under 
        Minnesota Statutes, section 169.1265.  
        This appropriation shall not be added 
        to the budget base for the 1996-1997 
        biennium.  
        Notwithstanding any other provision of 
        law, during the biennium ending June 
        30, 1995, the commissioner of public 
        safety may transfer up to $75,000 in 
        unencumbered funds from the 
        department's appropriation to the board 
        of peace officer standards and training 
        for payment of legal fees.  The board 
        must not rescind or otherwise change 
        the action of its executive committee 
        on April 26, 1994, concerning the 
        transfer of funds from its 
        reimbursement accounts to cover its 
        operating deficits.  It is not the 
        legislature's intent, by this 
        provision, to take a position regarding 
        the merits of any pending litigation 
        concerning the board. 
        Subd. 2.  Criminal Apprehension 
               -0-            580,000 
        $170,000 is to reimburse local law 
        enforcement agencies for a portion of 
        the costs they incur in conducting 
        background checks and issuing permits 
        under Minnesota Statutes, sections 
        624.7131 and 624.7132.  Within the 
        limits of this appropriation, the 
        department shall reimburse local law 
        enforcement agencies up to $10 per 
        firearms background check, based on 
        satisfactory invoices submitted by the 
        local agency.\H* (The preceding paragraph\h 
        \Hbeginning "$170,000" was vetoed by the\h 
        \Hgovernor.)\h  
        $120,000 is to supplement current 
        funding for drug abuse resistance 
        education training programs. 
        $40,000 is to fund the gang resistance 
        education training pilot program.\H* (The\h 
        \Hpreceding paragraph beginning "$40,000"\h 
        \Hwas vetoed by the governor.)\h  
        $50,000 is to establish and maintain 
        the distinctive physical mark 
        identification system.\H* (The preceding\h 
        \Hparagraph beginning "$50,000" was\h 
        \Hvetoed by the governor.)\h  
        $200,000 is for the fund established by 
        Minnesota Statutes, section 299C.065.\H*\h 
        \H(The preceding paragraph beginning\h 
        \H"$200,000" was vetoed by the governor.)\h 
        Subd. 3.  Crime Victim Services 
               -0-           $280,000
        $180,000 is for payment of crime victim 
        reparations. 
        $100,000 is for the operation of the 
        crime victim ombudsman.  This 
        appropriation shall not be added to the 
        budget base for the 1996-1997 biennium. 
        Subd. 4.  Transfer of
        unexpended funds 
        The commissioner may use unexpended 
        funds appropriated under this section 
        for the purchase of polymerase chain 
        reaction DNA analysis kits. 
        Sec. 14.  SUPREME COURT               -0-            285,000 
        $10,000 is for training judges in 
        handling child and adolescent sexual 
        abuse cases. 
        $75,000 is to conduct the civil 
        commitment study. 
        $100,000 is to the state court 
        administrator for the establishment of 
        a statewide judicial interpreter 
        certification and training program.  
        Interpreters, translators, non-English 
        speaking persons, persons for whom 
        English is a second language, and other 
        interested members of the public, must 
        have an opportunity to assist in the 
        development of the certification 
        program criteria. 
        $100,000 is for the remote electronic 
        alcohol monitoring pilot program.  The 
        supreme court shall seek additional 
        funding for the program from outside 
        sources, and shall scale the program to 
        the available funding resources.  This 
        appropriation shall not be added to the 
        budget base for the 1996-1997 
        biennium.\H* (The preceding paragraph\h 
        \Hbeginning "$100,000" was vetoed by the\h 
        \Hgovernor.)\h 
        "Breath analyzer unit" means a device 
        that performs breath alcohol testing 
        and is connected to a remote electronic 
        alcohol monitoring system. 
        "Remote electronic alcohol monitoring 
        system" means a system that 
        electronically monitors the alcohol 
        concentration of individuals in their 
        homes to ensure compliance with 
        court-ordered conditions of pretrial 
        release, supervised release, or 
        probation. 
        The state court administrator, in 
        cooperation with the conference of 
        chief judges and the commissioner of 
        corrections, shall establish a 
        three-year pilot program to evaluate 
        the effectiveness of using breath 
        analyzer units to monitor DWI offenders 
        who are ordered to abstain from alcohol 
        use as a condition of pretrial release, 
        probation, or supervised release.  The 
        pilot program shall include procedures 
        which ensure that violators of this 
        condition of release receive swift 
        consequences for the violation. 
        The state court administrator shall 
        select at least two judicial districts 
        to participate in the pilot program.  
        Offenders who are ordered to use a 
        breath analyzer unit shall also be 
        ordered to pay the per diem cost of the 
        monitoring unless the offender is 
        indigent.  The state court 
        administrator shall reimburse the 
        judicial districts for any costs they 
        incur in participating in the pilot 
        program.  
        After three years, the state court 
        administrator shall evaluate the 
        program's effectiveness and shall 
        report the results of this evaluation 
        to the conference of chief judges and 
        the legislature. 
        Sec. 15.  PRODUCTIVE DAY
        INITIATIVE PROGRAMS                      -0-          1,000,000
        Subdivision 1.  Amounts
        Of this amount, the following amounts 
        are appropriated to the counties named 
        in this section to develop and 
        implement the productive day initiative 
        programs. 
        Subd. 2.  Hennepin County
               -0-            500,000 
        Of this amount, up to $90,000 shall be 
        spent to administer the Northwest Law 
        Enforcement Project. 
        Subd. 3.  Ramsey County 
               -0-            250,000
        Subd. 4.  St. Louis County 
               -0-            250,000\H*\h
           \H(Section 15 was vetoed by the governor.)\h 
        Sec. 16.  TRANSFERS
        Subdivision 1.  General Procedure 
        If the appropriation in this article to 
        an agency in the executive branch is 
        specified by program, the agency may 
        transfer unencumbered balances among 
        the programs specified in that section 
        after getting the approval of the 
        commissioner of finance.  The 
        commissioner shall not approve a 
        transfer unless the commissioner 
        believes that it will carry out the 
        intent of the legislature.  The 
        transfer must be reported immediately 
        to the committee on finance of the 
        senate and the committee on ways and 
        means of the house of representatives.  
        If the appropriation in this article to 
        an agency in the executive branch is 
        specified by activity, the agency may 
        transfer unencumbered balances among 
        the activities specified in that 
        section using the same procedure as for 
        transfers among programs. 
        Subd. 2.  Transfer Prohibited 
        If an amount is specified in this 
        article for an item within an activity, 
        that amount must not be transferred or 
        used for any other purpose. 
        Sec. 17.  UNCODIFIED LANGUAGE 
        All uncodified language contained in 
        this article expires on June 30, 1995, 
        unless a different expiration is 
        explicit. 
                                   ARTICLE 2 
                            GENERAL CRIME PROVISIONS 
           Section 1.  Minnesota Statutes 1992, section 84.9691, is 
        amended to read: 
           84.9691 [RULEMAKING.] 
           (a) The commissioner of natural resources may adopt 
        emergency and permanent rules restricting the introduction, 
        propagation, use, possession, and spread of ecologically harmful 
        exotic species in the state, as outlined in section 84.967.  The 
        emergency rulemaking authority granted in this paragraph expires 
        July 1, 1994.  
           (b) The commissioner shall adopt rules to identify bodies 
        of water with limited infestation of Eurasian water milfoil.  
        The areas that are infested shall be marked and prohibited for 
        use. 
           (c) A violation of a rule adopted under this section is a 
        misdemeanor. 
           Sec. 2.  Minnesota Statutes 1992, section 144.125, is 
        amended to read: 
           144.125 [TESTS OF INFANTS FOR INBORN METABOLIC ERRORS.] 
           It is the duty of (1) the administrative officer or other 
        person in charge of each institution caring for infants 28 days 
        or less of age and (2) the person required in pursuance of the 
        provisions of section 144.215, to register the birth of a child, 
        to cause to have administered to every infant or child in its 
        care tests for hemoglobinopathy, phenylketonuria, and other 
        inborn errors of metabolism in accordance with rules prescribed 
        by the state commissioner of health.  In determining which tests 
        must be administered, the commissioner shall take into 
        consideration the adequacy of laboratory methods to detect the 
        inborn metabolic error, the ability to treat or prevent medical 
        conditions caused by the inborn metabolic error, and the 
        severity of the medical conditions caused by the inborn 
        metabolic error.  Testing and the recording and reporting of the 
        results of the tests shall be performed at the times and in the 
        manner prescribed by the commissioner of health.  This section 
        does not apply to an infant whose parents object on the grounds 
        that the tests and treatment conflict with their religious 
        tenets and practices.  The commissioner shall charge laboratory 
        service fees for conducting the tests of infants for inborn 
        metabolic errors so that the total of fees collected will 
        approximate the costs of conducting the tests.  Costs associated 
        with capital expenditures and the development of new procedures 
        may be prorated over a three-year period when calculating the 
        amount of the fees. 
           Sec. 3.  Minnesota Statutes 1992, section 169.89, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTY; JURY TRIAL.] A person charged with a 
        petty misdemeanor is not entitled to a jury trial but shall be 
        tried by a judge without a jury.  If convicted, the person is 
        not subject to imprisonment but shall be punished by a fine of 
        not more than $100 $200. 
           Sec. 4.  Minnesota Statutes 1992, section 171.18, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OFFENSES.] The commissioner may suspend 
        the license of a driver without preliminary hearing upon a 
        showing by department records or other sufficient evidence that 
        the licensee: 
           (1) has committed an offense for which mandatory revocation 
        of license is required upon conviction; 
           (2) has been convicted by a court for violating a provision 
        of chapter 169 or an ordinance regulating traffic and department 
        records show that the violation contributed in causing an 
        accident resulting in the death or personal injury of another, 
        or serious property damage; 
           (3) is an habitually reckless or negligent driver of a 
        motor vehicle; 
           (4) is an habitual violator of the traffic laws; 
           (5) is incompetent to drive a motor vehicle as determined 
        in a judicial proceeding; 
           (6) has permitted an unlawful or fraudulent use of the 
        license; 
           (7) has committed an offense in another state that, if 
        committed in this state, would be grounds for suspension; 
           (8) has committed a violation of section 169.444, 
        subdivision 2, paragraph (a); 
           (9) has committed a violation of section 171.22, except 
        that the commissioner may not suspend a person's driver's 
        license based solely on the fact that the person possessed a 
        fictitious or fraudulently altered Minnesota identification 
        card; 
           (10) has failed to appear in court as provided in section 
        169.92, subdivision 4; or 
           (11) has failed to report a medical condition that, if 
        reported, would have resulted in cancellation of driving 
        privileges. 
           However, an action taken by the commissioner under clause 
        (2) or (5) must conform to the recommendation of the court when 
        made in connection with the prosecution of the licensee. 
           Sec. 5.  Minnesota Statutes 1992, section 171.22, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTIES.] Any person who violates subdivision 
        1, clause (7) or (8) or (9), is guilty of a gross misdemeanor.  
        Any person who violates any other provision of subdivision 1 is 
        guilty of a misdemeanor. 
           Sec. 6.  Minnesota Statutes 1993 Supplement, section 
        171.24, is amended to read: 
           171.24 [VIOLATIONS; DRIVING WITHOUT VALID LICENSE.] 
           (a) Subdivision 1.  [DRIVING AFTER SUSPENSION.] Except as 
        otherwise provided in paragraph (c) subdivision 5, any a person 
        whose is guilty of a misdemeanor if: 
           (1) the person's driver's license or driving privilege has 
        been canceled, suspended, or revoked and who; 
           (2) the person has been given notice of, or reasonably 
        should know of the revocation, suspension, or cancellation,; and 
        who 
           (3) the person disobeys such the order by operating 
        anywhere in this state any motor vehicle, the operation of which 
        requires a driver's license, while such the person's license or 
        privilege is canceled, suspended, or revoked is guilty of a 
        misdemeanor. 
           (b) Subd. 2.  [DRIVING AFTER REVOCATION.] A person is 
        guilty of a misdemeanor if: 
           (1) the person's driver's license or driving privilege has 
        been revoked; 
           (2) the person has been given notice of or reasonably 
        should know of the revocation; and 
           (3) the person disobeys the order by operating in this 
        state any motor vehicle, the operation of which requires a 
        driver's license, while the person's license or privilege is 
        revoked. 
           Subd. 3.  [DRIVING AFTER CANCELLATION.] A person is guilty 
        of a misdemeanor if: 
           (1) the person's driver's license or driving privilege has 
        been canceled; 
           (2) the person has been given notice of or reasonably 
        should know of the cancellation; and 
           (3) the person disobeys the order by operating in this 
        state any motor vehicle, the operation of which requires a 
        driver's license, while the person's license or privilege is 
        canceled. 
           Subd. 4.  [DRIVING AFTER DISQUALIFICATION.] Any A person 
        who is guilty of a misdemeanor if the person: 
           (1) has been disqualified from holding a commercial 
        driver's license or been denied the privilege to operate a 
        commercial motor vehicle, who; 
           (2) has been given notice of or reasonably should know of 
        the disqualification,; and who 
           (3) disobeys the order by operating in this state a 
        commercial motor vehicle while the person is disqualified to 
        hold the license or privilege, is guilty of a misdemeanor. 
           (c) Subd. 5.  [GROSS MISDEMEANOR.] A person is guilty of a 
        gross misdemeanor if: 
           (1) the person's driver's license or driving privileges 
        privilege has been canceled or denied under section 171.04, 
        subdivision 1, clause (8), and; 
           (2) the person has been given notice of or reasonably 
        should know of the cancellation or denial; and 
           (2) (3) the person disobeys the order by operating in this 
        state any motor vehicle, the operation of which requires a 
        driver's license, while the person's license or privilege is 
        canceled or denied. 
           Subd. 6.  [SUFFICIENCY OF NOTICE.] (a) Notice of 
        revocation, suspension, cancellation, or disqualification is 
        sufficient if personally served, or if mailed by first class 
        mail to the person's last known address or to the address listed 
        on the person's driver's license.  Notice is also sufficient if 
        the person was informed that revocation, suspension, 
        cancellation, or disqualification would be imposed upon a 
        condition occurring or failing to occur, and where the condition 
        has in fact occurred or failed to occur.  
           (b) It is not a defense that a person failed to file a 
        change of address with the post office, or failed to notify the 
        department of public safety of a change of name or address as 
        required under section 171.11.  
           Sec. 7.  Minnesota Statutes 1992, section 219.383, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PENALTY.] A railway corporation violating this 
        section is guilty of a petty misdemeanor and upon conviction is 
        liable for a fine of not less than $25 nor more than $200.  A 
        corporation that commits a second or subsequent violation of 
        this section is guilty of a misdemeanor. 
           Sec. 8.  Minnesota Statutes 1992, section 383B.225, 
        subdivision 6, is amended to read: 
           Subd. 6.  [INVESTIGATION PROCEDURE.] (a) Upon notification 
        of the death of any person, as provided in subdivision 5, the 
        county medical examiner or a designee may proceed to the body, 
        take charge of it, and order, when necessary, that there be no 
        interference with the body or the scene of death.  Any person 
        violating the order of the examiner is guilty of a misdemeanor.  
        The examiner or the examiner's designee shall make inquiry 
        regarding the cause and manner of death and prepare written 
        findings together with the report of death and its 
        circumstances, which shall be filed in the office of the 
        examiner.  When it appears that death may have resulted from a 
        criminal act and that further investigation is advisable, a copy 
        of the report shall be transmitted to the county attorney.  The 
        examiner may take possession of all property of the deceased, 
        mark it for identification, and make an inventory.  The examiner 
        shall take possession of all articles useful in establishing the 
        cause of death, mark them for identification and retain them 
        securely until they are no longer needed for evidence or 
        investigation.  The examiner shall release any property or 
        articles needed for any criminal investigation to law 
        enforcement officers conducting the investigation.  When a 
        reasonable basis exists for not releasing property or articles 
        to law enforcement officers, the examiner shall consult with the 
        county attorney.  If the county attorney determines that a 
        reasonable basis exists for not releasing the property or 
        articles, the examiner may retain them.  The property or 
        articles shall be returned immediately upon completion of the 
        investigation.  When the property or articles are no longer 
        needed for the investigation or as evidence, the examiner shall 
        release the property or articles to the person or persons 
        entitled to them.  Notwithstanding any other law to the 
        contrary, when personal property of a decedent has come into the 
        possession of the examiner, and is not used for a criminal 
        investigation or as evidence, and has not been otherwise 
        released as provided in this subdivision, the name of the 
        decedent shall be filed with the probate court, together with a 
        copy of the inventory of the decedent's property.  At that time, 
        an examination of the records of the probate court shall be made 
        to determine whether a will has been admitted to probate or an 
        administration has been commenced.  Property of a nominal value, 
        including wearing apparel, may be released to the spouse or any 
        blood relative of the decedent or to the person accepting 
        financial responsibility for burial of the decedent.  If 
        property has not been released by the examiner and no will has 
        been admitted to probate or administration commenced within six 
        months after death, the examiner shall sell the property at a 
        public auction upon notice and in a manner as the probate court 
        may direct; except that the examiner shall cause to be destroyed 
        any firearm or other weapon that is not released to or claimed 
        by a decedent's spouse or blood relative.  If the name of the 
        decedent is not known, the examiner shall inventory the property 
        of the decedent and after six months may sell the property at a 
        public auction.  The examiner shall be allowed reasonable 
        expenses for the care and sale of the property and shall deposit 
        the net proceeds of the sale with the county administrator, or 
        the administrator's designee, in the name of the decedent, if 
        known.  If the decedent is not known, the examiner shall 
        establish a means of identifying the property of the decedent 
        with the unknown decedent and shall deposit the net proceeds of 
        the sale with the county administrator, or a designee, so, that, 
        if the unknown decedent's identity is established within six 
        years, the proceeds can be properly distributed.  In either 
        case, duplicate receipts shall be provided to the examiner, one 
        of which shall be filed with the court, the other of which shall 
        be retained in the office of the examiner.  If a representative 
        shall qualify within six years from the time of deposit, the 
        county administrator, or a designee, shall pay the amount of the 
        deposit to the representative upon order of the court.  If no 
        order is made within six years, the proceeds of the sale shall 
        become a part of the general revenue of the county. 
           (b) For the purposes of this section, health-related 
        records or data on a decedent, except health data defined in 
        section 13.38, whose death is being investigated under this 
        section, whether the records or data are recorded or unrecorded, 
        including but not limited to those concerning medical, surgical, 
        psychiatric, psychological, or any other consultation, 
        diagnosis, or treatment, including medical imaging, shall be 
        made promptly available to the medical examiner, upon the 
        medical examiner's written request, by a person having custody 
        of, possession of, access to, or knowledge of the records or 
        data.  The medical examiner shall pay the reasonable costs of 
        copies of records or data provided to the medical examiner under 
        this section.  Data collected or created pursuant to this 
        subdivision relating to any psychiatric, psychological, or 
        mental health consultation with, diagnosis of, or treatment of 
        the decedent whose death is being investigated shall remain 
        confidential or protected nonpublic data, except that the 
        medical examiner's report may contain a summary of such data. 
           Sec. 9.  Minnesota Statutes 1992, section 388.051, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [CHARGING AND PLEA NEGOTIATION POLICIES AND 
        PRACTICES; WRITTEN GUIDELINES REQUIRED.] (a) On or before 
        January 1, 1995, each county attorney shall adopt written 
        guidelines governing the county attorney's charging and plea 
        negotiation policies and practices.  The guidelines shall 
        address, but need not be limited to, the following matters: 
           (1) the circumstances under which plea negotiation 
        agreements are permissible; 
           (2) the factors that are considered in making charging 
        decisions and formulating plea agreements; and 
           (3) the extent to which input from other persons concerned 
        with a prosecution, such as victims and law enforcement 
        officers, is considered in formulating plea agreements. 
           (b) Plea negotiation policies and procedures adopted under 
        this subdivision are public data, as defined in section 13.02. 
           Sec. 10.  Minnesota Statutes 1993 Supplement, section 
        388.23, subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY.] The county attorney, or any 
        deputy or assistant county attorney whom the county attorney 
        authorizes in writing, has the authority to subpoena and require 
        the production of any records of telephone companies, cellular 
        phone companies, paging companies, electric companies, gas 
        companies, water utilities, chemical suppliers, hotels and 
        motels, pawn shops, airlines, buses, taxis, and other entities 
        engaged in the business of transporting people, and freight 
        companies, warehousing companies, self-service storage 
        facilities, package delivery companies, and other entities 
        engaged in the businesses of transport, storage, or delivery, 
        and records of the existence of safe deposit box account numbers 
        and customer savings and checking account numbers maintained by 
        financial institutions and safe deposit companies, insurance 
        records relating to the monetary payment or settlement of 
        claims, and wage and employment records of an applicant or 
        recipient of public assistance who is the subject of a welfare 
        fraud investigation relating to eligibility information for 
        public assistance programs.  Subpoenas may only be issued for 
        records that are relevant to an ongoing legitimate law 
        enforcement investigation or welfare fraud investigation and 
        there is probable cause that a crime has been 
        committed.  Administrative subpoenas may only be issued in 
        welfare fraud cases if there is probable cause to believe a 
        crime has been committed.  This provision applies only to the 
        records of business entities and does not extend to private 
        individuals or their dwellings.  Subpoenas may only be served by 
        peace officers as defined by section 626.84, subdivision 1, 
        paragraph (c). 
           Sec. 11.  Minnesota Statutes 1993 Supplement, section 
        518B.01, subdivision 6, is amended to read: 
           Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
        hearing, the court may provide relief as follows: 
           (1) restrain the abusing party from committing acts of 
        domestic abuse; 
           (2) exclude the abusing party from the dwelling which the 
        parties share or from the residence of the petitioner; 
           (3) exclude the abusing party from a reasonable area 
        surrounding the dwelling or residence, which area shall be 
        described specifically in the order; 
           (4) award temporary custody or establish temporary 
        visitation with regard to minor children of the parties on a 
        basis which gives primary consideration to the safety of the 
        victim and the children.  Except for cases in which custody is 
        contested, findings under section 257.025, 518.17, or 518.175 
        are not required.  If the court finds that the safety of the 
        victim or the children will be jeopardized by unsupervised or 
        unrestricted visitation, the court shall condition or restrict 
        visitation as to time, place, duration, or supervision, or deny 
        visitation entirely, as needed to guard the safety of the victim 
        and the children.  The court's decision on custody and 
        visitation shall in no way delay the issuance of an order for 
        protection granting other reliefs provided for in this section; 
           (4) (5) on the same basis as is provided in chapter 518, 
        establish temporary support for minor children or a spouse, and 
        order the withholding of support from the income of the person 
        obligated to pay the support according to chapter 518; 
           (5) (6) provide upon request of the petitioner counseling 
        or other social services for the parties, if married, or if 
        there are minor children; 
           (6) (7) order the abusing party to participate in treatment 
        or counseling services; 
           (7) (8) award temporary use and possession of property and 
        restrain one or both parties from transferring, encumbering, 
        concealing, or disposing of property except in the usual course 
        of business or for the necessities of life, and to account to 
        the court for all such transfers, encumbrances, dispositions, 
        and expenditures made after the order is served or communicated 
        to the party restrained in open court; 
           (8) (9) exclude the abusing party from the place of 
        employment of the petitioner, or otherwise limit access to the 
        petitioner by the abusing party at the petitioner's place of 
        employment; 
           (9) (10) order the abusing party to pay restitution to the 
        petitioner; 
           (10) (11) order the continuance of all currently available 
        insurance coverage without change in coverage or beneficiary 
        designation; and 
           (11) (12) order, in its discretion, other relief as it 
        deems necessary for the protection of a family or household 
        member, including orders or directives to the sheriff or 
        constable, as provided by this section. 
           (b) Any relief granted by the order for protection shall be 
        for a fixed period not to exceed one year, except when the court 
        determines a longer fixed period is appropriate.  When a referee 
        presides at the hearing on the petition, the order granting 
        relief becomes effective upon the referee's signature. 
           (c) An order granting the relief authorized in paragraph 
        (a), clause (1), may not be vacated or modified in a proceeding 
        for dissolution of marriage or legal separation, except that the 
        court may hear a motion for modification of an order for 
        protection concurrently with a proceeding for dissolution of 
        marriage upon notice of motion and motion.  The notice required 
        by court rule shall not be waived.  If the proceedings are 
        consolidated and the motion to modify is granted, a separate 
        order for modification of an order for protection shall be 
        issued. 
           (d) An order granting the relief authorized in paragraph 
        (a), clause (2), is not voided by the admittance of the abusing 
        party into the dwelling from which the abusing party is excluded.
           (e) If a proceeding for dissolution of marriage or legal 
        separation is pending between the parties, the court shall 
        provide a copy of the order for protection to the court with 
        jurisdiction over the dissolution or separation proceeding for 
        inclusion in its file. 
           (f) An order for restitution issued under this subdivision 
        is enforceable as civil judgment. 
           Sec. 12.  Minnesota Statutes 1993 Supplement, section 
        518B.01, subdivision 14, is amended to read: 
           Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
        Whenever an order for protection is granted pursuant to this 
        section, and the respondent or person to be restrained knows of 
        the order, violation of the order for protection is a 
        misdemeanor.  Upon conviction, the defendant must be sentenced 
        to a minimum of three days imprisonment and must be ordered to 
        participate in counseling or other appropriate programs selected 
        by the court.  If the court stays imposition or execution of the 
        jail sentence and the defendant refuses or fails to comply with 
        the court's treatment order, the court must impose and execute 
        the stayed jail sentence.  A person is guilty of a gross 
        misdemeanor who violates this paragraph during the time period 
        between a previous conviction under this paragraph; sections 
        609.221 to 609.224; 609.713, subdivisions 1 or 3; 609.748, 
        subdivision 6; 609.749; or a similar law of another state and 
        the end of the five years following discharge from sentence for 
        that conviction.  Upon conviction, the defendant must be 
        sentenced to a minimum of ten days imprisonment and must be 
        ordered to participate in counseling or other appropriate 
        programs selected by the court.  Notwithstanding section 
        609.135, the court must impose and execute the minimum sentence 
        provided in this paragraph for gross misdemeanor convictions. 
           (b) A peace officer shall arrest without a warrant and take 
        into custody a person whom the peace officer has probable cause 
        to believe has violated an order granted pursuant to this 
        section restraining the person or excluding the person from the 
        residence or the petitioner's place of employment, even if the 
        violation of the order did not take place in the presence of the 
        peace officer, if the existence of the order can be verified by 
        the officer.  The person shall be held in custody for at least 
        36 hours, excluding the day of arrest, Sundays, and holidays, 
        unless the person is released earlier by a judge or judicial 
        officer.  A peace officer acting in good faith and exercising 
        due care in making an arrest pursuant to this paragraph is 
        immune from civil liability that might result from the officer's 
        actions. 
           (c) A violation of an order for protection shall also 
        constitute contempt of court and be subject to the penalties 
        therefor.  
           (d) If the court finds that the respondent has violated an 
        order for protection and that there is reason to believe that 
        the respondent will commit a further violation of the provisions 
        of the order restraining the respondent from committing acts of 
        domestic abuse or excluding the respondent from the petitioner's 
        residence, the court may require the respondent to acknowledge 
        an obligation to comply with the order on the record.  The court 
        may require a bond sufficient to deter the respondent from 
        committing further violations of the order for protection, 
        considering the financial resources of the respondent, and not 
        to exceed $10,000.  If the respondent refuses to comply with an 
        order to acknowledge the obligation or post a bond under this 
        paragraph, the court shall commit the respondent to the county 
        jail during the term of the order for protection or until the 
        respondent complies with the order under this paragraph.  The 
        warrant must state the cause of commitment, with the sum and 
        time for which any bond is required.  If an order is issued 
        under this paragraph, the court may order the costs of the 
        contempt action, or any part of them, to be paid by the 
        respondent.  An order under this paragraph is appealable.  
           (e) Upon the filing of an affidavit by the petitioner, any 
        peace officer, or an interested party designated by the court, 
        alleging that the respondent has violated any order for 
        protection granted pursuant to this section, the court may issue 
        an order to the respondent, requiring the respondent to appear 
        and show cause within 14 days why the respondent should not be 
        found in contempt of court and punished therefor.  The hearing 
        may be held by the court in any county in which the petitioner 
        or respondent temporarily or permanently resides at the time of 
        the alleged violation.  The court also shall refer the violation 
        of the order for protection to the appropriate prosecuting 
        authority for possible prosecution under paragraph (a). 
           (f) If it is alleged that the respondent has violated an 
        order for protection issued under subdivision 6 and the court 
        finds that the order has expired between the time of the alleged 
        violation and the court's hearing on the violation, the court 
        may grant a new order for protection under subdivision 6 based 
        solely on the respondent's alleged violation of the prior order, 
        to be effective until the hearing on the alleged violation of 
        the prior order.  If the court finds that the respondent has 
        violated the prior order, the relief granted in the new order 
        for protection shall be extended for a fixed period, not to 
        exceed one year. 
           (g) The admittance into petitioner's dwelling of an abusing 
        party excluded from the dwelling under an order for protection 
        is not a violation by the petitioner of the order for protection.
           A peace officer is not liable under section 609.43, clause 
        (1), for a failure to perform a duty required by paragraph (b). 
           Sec. 13.  Minnesota Statutes 1992, section 609.0331, is 
        amended to read: 
           609.0331 [INCREASED MAXIMUM PENALTIES FOR PETTY 
        MISDEMEANORS.] 
           Except as provided in this section, A law of this state 
        that provides, on or after August 1, 1987, for a maximum penalty 
        of $100 for a petty misdemeanor is considered to provide for a 
        maximum fine of $200.  However, a petty misdemeanor under 
        chapter 168 or 169 remains subject to a maximum fine of $100, 
        except that a violation of chapter 168 or 169 that was 
        originally charged as a misdemeanor and is being treated as a 
        petty misdemeanor under section 609.131 or the rules of criminal 
        procedure is subject to a maximum fine of $200. 
           Sec. 14.  Minnesota Statutes 1992, section 609.0332, is 
        amended to read: 
           609.0332 [INCREASED MAXIMUM PENALTY FOR PETTY MISDEMEANOR 
        ORDINANCE VIOLATIONS.] 
           Subdivision 1.  [INCREASED FINE.] From August 1, 1987, if a 
        state law or municipal charter sets a limit of $100 or less on 
        the fines that a statutory or home rule charter city, town, 
        county, or other political subdivision may prescribe for an 
        ordinance violation that is defined as a petty misdemeanor, that 
        law or charter is considered to provide that the political 
        subdivision has the power to prescribe a maximum fine of $200 
        for the petty misdemeanor violation. 
           Subd. 2.  [EXCEPTION.] Notwithstanding subdivision 1, no 
        fine of more than $100 may be imposed for a petty misdemeanor 
        ordinance violation which conforms in substantial part to a 
        petty misdemeanor provision contained in section 152.027, 
        subdivision 4, or chapter 168 or 169. 
           Sec. 15.  [609.132] [CONTINUANCE FOR DISMISSAL.] 
           The decision to offer or agree to a continuance of a 
        criminal prosecution is an exercise of prosecutorial discretion 
        resting solely with the prosecuting attorney. 
           Sec. 16.  Minnesota Statutes 1993 Supplement, section 
        609.1352, subdivision 1, is amended to read: 
           Subdivision 1.  [SENTENCING AUTHORITY.] (a) A court shall 
        commit a person to the commissioner of corrections for a period 
        of time that is not less than double the presumptive sentence 
        under the sentencing guidelines and not more than the statutory 
        maximum, or if the statutory maximum is less than double the 
        presumptive sentence, for a period of time that is equal to the 
        statutory maximum, if: 
           (1) the court is imposing an executed sentence, based on a 
        sentencing guidelines presumptive imprisonment sentence or a 
        dispositional departure for aggravating circumstances or a 
        mandatory minimum sentence, on a person convicted of committing 
        or attempting to commit a violation of section 609.342, 609.343, 
        609.344, or 609.345, or on a person convicted of committing or 
        attempting to commit any other crime listed in subdivision 2 if 
        it reasonably appears to the court that the crime was motivated 
        by the offender's sexual impulses or was part of a predatory 
        pattern of behavior that had criminal sexual conduct as its 
        goal; 
           (2) the court finds that the offender is a danger to public 
        safety; and 
           (3) the court finds that the offender needs long-term 
        treatment or supervision beyond the presumptive term of 
        imprisonment and supervised release.  The finding must be based 
        on a professional assessment by an examiner experienced in 
        evaluating sex offenders that concludes that the offender is a 
        patterned sex offender.  The assessment must contain the facts 
        upon which the conclusion is based, with reference to the 
        offense history of the offender or the severity of the current 
        offense, the social history of the offender, and the results of 
        an examination of the offender's mental status unless the 
        offender refuses to be examined.  The conclusion may not be 
        based on testing alone.  A patterned sex offender is one whose 
        criminal sexual behavior is so engrained that the risk of 
        reoffending is great without intensive psychotherapeutic 
        intervention or other long-term controls. 
           (b) The court shall consider imposing a sentence under this 
        section whenever a person is convicted of violating section 
        609.342 or 609.343. 
           Sec. 17.  Minnesota Statutes 1993 Supplement, section 
        609.14, subdivision 1, is amended to read: 
           Subdivision 1.  [GROUNDS.] (a) When it appears that the 
        defendant has violated any of the conditions of probation or 
        intermediate sanction, or has otherwise been guilty of 
        misconduct which warrants the imposing or execution of sentence, 
        the court may without notice revoke the stay and direct that the 
        defendant be taken into immediate custody. 
           (b) When it appears that the defendant violated any of the 
        conditions of probation during the term of the stay, but the 
        term of the stay has since expired, the defendant's probation 
        officer or the prosecutor may ask the court to initiate 
        probation revocation proceedings under the rules of criminal 
        procedure at any time within six months after the expiration of 
        the stay.  The court also may initiate proceedings under these 
        circumstances on its own motion.  If proceedings are initiated 
        within this six-month period, the court may conduct a revocation 
        hearing and take any action authorized under rule 27.04 at any 
        time during or after the six-month period. 
           (c) Notwithstanding the provisions of section 609.135 or 
        any law to the contrary, after proceedings to revoke the stay 
        have been initiated by a court order revoking the stay and 
        directing either that the defendant be taken into custody or 
        that a summons be issued in accordance with paragraph (a), the 
        proceedings to revoke the stay may be concluded and the summary 
        hearing provided by subdivision 2 may be conducted after the 
        expiration of the stay or after the six month period set forth 
        in paragraph (b) of this section.  The proceedings to revoke the 
        stay shall not be dismissed on the basis that the summary 
        hearing is conducted after the term of the stay or after the six 
        month period.  The ability or inability to locate or apprehend 
        the defendant prior to the expiration of the stay or during or 
        after the six month period shall not preclude the court from 
        conducting the summary hearing unless the defendant demonstrates 
        that the delay was purposefully caused by the state in order to 
        gain an unfair advantage. 
           Sec. 18.  Minnesota Statutes 1992, section 609.152, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [DANGEROUS REPEAT OFFENDERS; MANDATORY MINIMUM 
        SENTENCE.] Unless a longer mandatory minimum sentence is 
        otherwise required by law or the court imposes a longer 
        aggravated durational departure under subdivision 2, a person 
        who is convicted of a violent crime that is a felony must be 
        committed to the commissioner of corrections for a mandatory 
        sentence of at least the length of the presumptive sentence 
        under the sentencing guidelines if the court determines on the 
        record at the time of sentencing that the person has two or more 
        prior felony convictions for violent crimes.  The court shall 
        impose and execute the prison sentence regardless of whether the 
        guidelines presume an executed prison sentence.  For purposes of 
        this subdivision, "violent crime" does not include a violation 
        of section 152.023 or 152.024.  Any person convicted and 
        sentenced as required by this subdivision is not eligible for 
        probation, parole, discharge, or work release, until that person 
        has served the full term of imprisonment as provided by law, 
        notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12, 
        and 609.135. 
           Sec. 19.  Minnesota Statutes 1992, section 609.185, is 
        amended to read: 
           609.185 [MURDER IN THE FIRST DEGREE.] 
           Whoever does any of the following is guilty of murder in 
        the first degree and shall be sentenced to imprisonment for life:
           (1) causes the death of a human being with premeditation 
        and with intent to effect the death of the person or of another; 
           (2) causes the death of a human being while committing or 
        attempting to commit criminal sexual conduct in the first or 
        second degree with force or violence, either upon or affecting 
        the person or another; 
           (3) causes the death of a human being with intent to effect 
        the death of the person or another, while committing or 
        attempting to commit burglary, aggravated robbery, kidnapping, 
        arson in the first or second degree, tampering with a witness in 
        the first degree, escape from custody, or any felony violation 
        of chapter 152 involving the unlawful sale of a controlled 
        substance; 
           (4) causes the death of a peace officer or a guard employed 
        at a Minnesota state or local correctional facility, with intent 
        to effect the death of that person or another, while the peace 
        officer or guard is engaged in the performance of official 
        duties; 
           (5) causes the death of a minor under circumstances other 
        than those described in clause (1) or (2) while committing child 
        abuse, when the perpetrator has engaged in a past pattern of 
        child abuse upon the child and the death occurs under 
        circumstances manifesting an extreme indifference to human life; 
        or 
           (6) causes the death of a human being under circumstances 
        other than those described in clause (1), (2), or (5) while 
        committing domestic abuse, when the perpetrator has engaged in a 
        past pattern of domestic abuse upon the victim and the death 
        occurs under circumstances manifesting an extreme indifference 
        to human life. 
           For purposes of clause (5), "child abuse" means an act 
        committed against a minor victim that constitutes a violation of 
        the following laws of this state or any similar laws of the 
        United States or any other state:  section 609.221,; 609.222,; 
        609.223,; 609.224,; 609.342,; 609.343,; 609.344,; 
        609.345,; 609.377,; 609.378,; or 609.713. 
           For purposes of clause (6), "domestic abuse" means an act 
        that: 
           (1) constitutes a violation of section 609.221, 609.222, 
        609.223, 609.224, 609.342, 609.343, 609.344; 609.345, or 
        609.713, or any similar laws of the United States or any other 
        state; and 
           (2) is committed against the victim who is a family or 
        household member as defined in section 518B.01, subdivision 2, 
        paragraph (b). 
           Sec. 20.  Minnesota Statutes 1992, section 609.223, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [FELONY; VICTIM UNDER FOUR.] Whoever assaults a 
        victim under the age of four, and causes bodily harm to the 
        child's head, eyes, or neck, or otherwise causes multiple 
        bruises to the body, is guilty of a felony and may be sentenced 
        to imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both. 
           Sec. 21.  Minnesota Statutes 1992, section 609.2231, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FIREFIGHTERS AND EMERGENCY MEDICAL PERSONNEL.] 
        Whoever assaults any of the following persons and inflicts 
        demonstrable bodily harm is guilty of a gross misdemeanor:  
           (1) a member of a municipal or volunteer fire department or 
        emergency medical services personnel unit in the performance of 
        the member's duties, or assaults; 
           (2) a physician, nurse, or other person providing health 
        care services in a hospital emergency department; or 
           (3) an employee of the department of natural resources who 
        is engaged in forest fire activities, and inflicts demonstrable 
        bodily harm is guilty of a gross misdemeanor. 
           Sec. 22.  [609.2245] [FEMALE GENITAL MUTILATION; 
        PENALTIES.] 
           Subdivision 1.  [CRIME.] Except as otherwise permitted in 
        subdivision 2, whoever knowingly circumcises, excises, or 
        infibulates, in whole or in part, the labia majora, labia 
        minora, or clitoris of another is guilty of a felony.  Consent 
        to the procedure by a minor on whom it is performed or by the 
        minor's parent is not a defense to a violation of this 
        subdivision. 
           Subd. 2.  [PERMITTED ACTIVITIES.] A surgical procedure is 
        not a violation of subdivision 1 if the procedure: 
           (1) is necessary to the health of the person on whom it is 
        performed and is performed by a physician licensed under chapter 
        147 or a physician in training under the supervision of a 
        licensed physician; or 
           (2) is performed on a person who is in labor or who has 
        just given birth and is performed for medical purposes connected 
        with that labor or birth by a physician licensed under chapter 
        147 or a physician in training under the supervision of a 
        licensed physician. 
           Sec. 23.  Minnesota Statutes 1992, section 609.245, is 
        amended to read: 
           609.245 [AGGRAVATED ROBBERY.] 
           Subdivision 1.  [FIRST DEGREE.] Whoever, while committing a 
        robbery, is armed with a dangerous weapon or any article used or 
        fashioned in a manner to lead the victim to reasonably believe 
        it to be a dangerous weapon, or inflicts bodily harm upon 
        another, is guilty of aggravated robbery in the first degree and 
        may be sentenced to imprisonment for not more than 20 years or 
        to payment of a fine of not more than $35,000, or both. 
           Subd. 2.  [SECOND DEGREE.] Whoever, while committing a 
        robbery, implies, by word or act, possession of a dangerous 
        weapon, is guilty of aggravated robbery in the second degree and 
        may be sentenced to imprisonment for not more than 15 years or 
        to payment of a fine of not more than $30,000, or both. 
           Sec. 24.  Minnesota Statutes 1992, section 609.25, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SENTENCE.] Whoever violates subdivision 1 may be 
        sentenced as follows:  
           (1) If the victim is released in a safe place without great 
        bodily harm, to imprisonment for not more than 20 years or to 
        payment of a fine of not more than $35,000, or both; or 
           (2) If the victim is not released in a safe place, or if 
        the victim suffers great bodily harm during the course of the 
        kidnapping, or if the person kidnapped is under the age of 16, 
        to imprisonment for not more than 40 years or to payment of a 
        fine of not more than $50,000, or both.  
           Sec. 25.  Minnesota Statutes 1992, section 609.26, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROHIBITED ACTS.] Whoever intentionally 
        does any of the following acts may be charged with a felony and, 
        upon conviction, may be sentenced as provided in subdivision 6:  
           (1) conceals a minor child from the child's parent where 
        the action manifests an intent substantially to deprive that 
        parent of parental rights or conceals a minor child from another 
        person having the right to visitation or custody where the 
        action manifests an intent to substantially deprive that person 
        of rights to visitation or custody; 
           (2) takes, obtains, retains, or fails to return a minor 
        child in violation of a court order which has transferred legal 
        custody under chapter 260 to the commissioner of human services, 
        a child placing agency, or the county welfare board; 
           (3) takes, obtains, retains, or fails to return a minor 
        child from or to the parent in violation of a court order, where 
        the action manifests an intent substantially to deprive that 
        parent of rights to visitation or custody; 
           (4) takes, obtains, retains, or fails to return a minor 
        child from or to a parent after commencement of an action 
        relating to child visitation or custody but prior to the 
        issuance of an order determining custody or visitation rights, 
        where the action manifests an intent substantially to deprive 
        that parent of parental rights; or 
           (5) retains a child in this state with the knowledge that 
        the child was removed from another state in violation of any of 
        the above provisions; 
           (6) refuses to return a minor child to a parent or lawful 
        custodian, and is at least 18 years old and more than 24 months 
        older than the child; 
           (7) causes or contributes to a child being a habitual 
        truant as defined in section 260.015, subdivision 19, and is at 
        least 18 years old and more than 24 months older than the child; 
           (8) causes or contributes to a child being a runaway as 
        defined in section 260.015, subdivision 20, and is at least 18 
        years old and more than 24 months older than the child; or 
           (9) is at least 18 years old and resides with a minor under 
        the age of 16 without the consent of the minor's parent or 
        lawful custodian. 
           Sec. 26.  Minnesota Statutes 1992, section 609.26, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PENALTY.] (a) Except as otherwise provided in 
        paragraph (b) and subdivision 5, whoever violates this section 
        may be sentenced as follows: 
           (1) to imprisonment for not more than two years or to 
        payment of a fine of not more than $4,000, or both; or 
           (2) to imprisonment for not more than four years or to 
        payment of a fine of not more than $8,000, or both, if the court 
        finds that: 
           (i) the defendant committed the violation while possessing 
        a dangerous weapon or caused substantial bodily harm to effect 
        the taking; 
           (ii) the defendant abused or neglected the child during the 
        concealment, detention, or removal of the child; 
           (iii) the defendant inflicted or threatened to inflict 
        physical harm on a parent or lawful custodian of the child or on 
        the child with intent to cause the parent or lawful custodian to 
        discontinue criminal prosecution; 
           (iv) the defendant demanded payment in exchange for return 
        of the child or demanded to be relieved of the financial or 
        legal obligation to support the child in exchange for return of 
        the child; or 
           (v) the defendant has previously been convicted under this 
        section or a similar statute of another jurisdiction. 
           (b) A violation of subdivision 1, clause (7), is a gross 
        misdemeanor.  The county attorney shall prosecute violations of 
        subdivision 1, clause (7). 
           Sec. 27.  Minnesota Statutes 1992, section 609.28, is 
        amended to read: 
           609.28 [INTERFERING WITH RELIGIOUS OBSERVANCE.] 
           Subdivision 1.  [INTERFERENCE.] Whoever, by threats or 
        violence, intentionally prevents another person from performing 
        any lawful act enjoined upon or recommended to the person by the 
        religion which the person professes is guilty of a misdemeanor.  
           Subd. 2.  [PHYSICAL INTERFERENCE PROHIBITED.] A person is 
        guilty of a gross misdemeanor who intentionally and physically 
        obstructs any individual's access to or egress from a religious 
        establishment.  This subdivision does not apply to the exclusion 
        of a person from the establishment at the request of an official 
        of the religious organization. 
           Subd. 3.  [DEFINITION.] For purposes of subdivision 2, a 
        "religious establishment" is a building used for worship 
        services by a religious organization and clearly identified as 
        such by a posted sign or other means. 
           Sec. 28.  Minnesota Statutes 1992, section 609.3241, is 
        amended to read: 
           609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
           In any county that has established a multidisciplinary 
        child protection team pursuant to section 626.558, When a court 
        sentences an adult convicted of violating section 609.322, 
        609.323, or 609.324, while acting other than as a prostitute, 
        the court shall impose an assessment of not less than $250 and 
        not more than $500 for a violation of section 609.324, 
        subdivision 2, or a misdemeanor violation of section 609.324, 
        subdivision 3; otherwise the court shall impose an assessment of 
        not less than $500 and not more than $1,000.  The mandatory 
        minimum portion of the assessment is to be used for the purposes 
        described in section 626.558, subdivision 2a, and is in addition 
        to the assessment or surcharge required by section 609.101.  Any 
        portion of the assessment imposed in excess of the mandatory 
        minimum amount shall be forwarded to the general fund and is 
        appropriated annually to the commissioner of corrections.  The 
        commissioner, with the assistance of the general crime victims 
        advisory council, shall use money received under this section 
        for grants to agencies that provide assistance to individuals 
        who have stopped or wish to stop engaging in prostitution.  
        Grant money may be used to provide these individuals with 
        medical care, child care, temporary housing, and educational 
        expenses. 
           Sec. 29.  Minnesota Statutes 1992, section 609.325, 
        subdivision 2, is amended to read: 
           Subd. 2.  Consent or mistake as to age shall be no defense 
        to prosecutions under section 609.322 or, 609.323, or 609.324.  
           Sec. 30.  Minnesota Statutes 1992, section 609.341, 
        subdivision 4, is amended to read: 
           Subd. 4.  (a) "Consent" means a voluntary uncoerced 
        manifestation of a present agreement to perform a particular 
        sexual act with the actor words or overt actions by a person 
        indicating a freely given present agreement to perform a 
        particular sexual act with the actor.  Consent does not mean the 
        existence of a prior or current social relationship between the 
        actor and the complainant or that the complainant failed to 
        resist a particular sexual act. 
           (b) A person who is mentally incapacitated or physically 
        helpless as defined by this section cannot consent to a sexual 
        act. 
           (c) Corroboration of the victim's testimony is not required 
        to show lack of consent. 
           Sec. 31.  Minnesota Statutes 1992, section 609.341, 
        subdivision 9, is amended to read: 
           Subd. 9.  "Physically helpless" means that a person is (a) 
        asleep or not conscious, (b) unable to withhold consent or to 
        withdraw consent because of a physical condition, or (c) unable 
        to communicate nonconsent and the condition is known or 
        reasonably should have been known to the actor. 
           Sec. 32.  Minnesota Statutes 1992, section 609.341, 
        subdivision 11, is amended to read: 
           Subd. 11.  (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 (k), 
        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 coercion 
        or the use of a position of authority, 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 the use of 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. 
           (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. 
           (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. 
           Sec. 33.  Minnesota Statutes 1992, section 609.341, 
        subdivision 12, is amended to read: 
           Subd. 12.  "Sexual penetration" means any of the following 
        acts committed without the complainant's consent, except in 
        those cases where consent is not a defense, whether or not 
        emission of semen occurs: 
           (1) sexual intercourse, cunnilingus, fellatio, or anal 
        intercourse,; or 
           (2) any intrusion however slight into the genital or anal 
        openings: 
           (i) of the complainant's body of by any part of the actor's 
        body or any object used by the actor for this purpose, where the 
        act is committed without the complainant's consent, except in 
        those cases where consent is not a defense.  Emission of semen 
        is not necessary.; 
           (ii) of the complainant's body by any part of the body of 
        the complainant, by any part of the body of another person, or 
        by any object used by the complainant or another person for this 
        purpose, when effected by coercion or the use of a position of 
        authority, or by inducement if the child is under 13 years of 
        age or mentally impaired; or 
           (iii) of the body of the actor or another person by any 
        part of the body of the complainant or by any object used by the 
        complainant for this purpose, when effected by coercion or the 
        use of a position of authority, or by inducement if the child is 
        under 13 years of age or mentally impaired. 
           Sec. 34.  Minnesota Statutes 1992, section 609.342, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME DEFINED.] A person who engages in 
        sexual penetration with another person, or in sexual contact 
        with a person under 13 as defined in section 609.341, 
        subdivision 11, paragraph (c), is guilty of criminal sexual 
        conduct in the first degree if any of the following 
        circumstances exists: 
           (a) the complainant is under 13 years of age and the actor 
        is more than 36 months older than the complainant.  Neither 
        mistake as to the complainant's age nor consent to the act by 
        the complainant is a defense; 
           (b) the complainant is at least 13 but less than 16 years 
        of age and the actor is more than 48 months older than the 
        complainant and in a position of authority over the complainant, 
        and uses this authority to cause the complainant to submit.  
        Neither mistake as to the complainant's age nor consent to the 
        act by the complainant is a defense; 
           (c) circumstances existing at the time of the act cause the 
        complainant to have a reasonable fear of imminent great bodily 
        harm to the complainant or another; 
           (d) the actor is armed with a dangerous weapon or any 
        article used or fashioned in a manner to lead the complainant to 
        reasonably believe it to be a dangerous weapon and uses or 
        threatens to use the weapon or article to cause the complainant 
        to submit; 
           (e) the actor causes personal injury to the complainant, 
        and either of the following circumstances exist: 
           (i) the actor uses force or coercion to accomplish sexual 
        penetration; or 
           (ii) the actor knows or has reason to know that the 
        complainant is mentally impaired, mentally incapacitated, or 
        physically helpless; 
           (f) the actor is aided or abetted by one or more 
        accomplices within the meaning of section 609.05, and either of 
        the following circumstances exists: 
           (i) an accomplice uses force or coercion to cause the 
        complainant to submit; or 
           (ii) an accomplice is armed with a dangerous weapon or any 
        article used or fashioned in a manner to lead the complainant 
        reasonably to believe it to be a dangerous weapon and uses or 
        threatens to use the weapon or article to cause the complainant 
        to submit; 
           (g) the actor has a significant relationship to the 
        complainant and the complainant was under 16 years of age at the 
        time of the sexual penetration.  Neither mistake as to the 
        complainant's age nor consent to the act by the complainant is a 
        defense; or 
           (h) the actor has a significant relationship to the 
        complainant, the complainant was under 16 years of age at the 
        time of the sexual penetration, and: 
           (i) the actor or an accomplice used force or coercion to 
        accomplish the penetration; 
           (ii) the complainant suffered personal injury; or 
           (iii) the sexual abuse involved multiple acts committed 
        over an extended period of time. 
           Neither mistake as to the complainant's age nor consent to 
        the act by the complainant is a defense. 
           Sec. 35.  Minnesota Statutes 1993 Supplement, section 
        609.344, subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME DEFINED.] A person who engages in 
        sexual penetration with another person is guilty of criminal 
        sexual conduct in the third degree if any of the following 
        circumstances exists:  
           (a) the complainant is under 13 years of age and the actor 
        is no more than 36 months older than the complainant.  Neither 
        mistake as to the complainant's age nor consent to the act by 
        the complainant shall be a defense; 
           (b) the complainant is at least 13 but less than 16 years 
        of age and the actor is more than 24 months older than the 
        complainant.  In any such case it shall be an affirmative 
        defense, which must be proved by a preponderance of the 
        evidence, that the actor believes the complainant to be 16 years 
        of age or older.  If the actor in such a case is no more than 48 
        months but more than 24 months older than the complainant, the 
        actor may be sentenced to imprisonment for not more than five 
        years.  Consent by the complainant is not a defense; 
           (c) the actor uses force or coercion to accomplish the 
        penetration; 
           (d) the actor knows or has reason to know that the 
        complainant is mentally impaired, mentally incapacitated, or 
        physically helpless; 
           (e) the complainant is at least 16 but less than 18 years 
        of age and the actor is more than 48 months older than the 
        complainant and in a position of authority over the complainant, 
        and uses this authority to cause or induce the complainant to 
        submit. Neither mistake as to the complainant's age nor consent 
        to the act by the complainant is a defense; 
           (f) the actor has a significant relationship to the 
        complainant and the complainant was at least 16 but under 18 
        years of age at the time of the sexual penetration.  Neither 
        mistake as to the complainant's age nor consent to the act by 
        the complainant is a defense; 
           (g) the actor has a significant relationship to the 
        complainant, the complainant was at least 16 but under 18 years 
        of age at the time of the sexual penetration, and: 
           (i) the actor or an accomplice used force or coercion to 
        accomplish the penetration; 
           (ii) the complainant suffered personal injury; or 
           (iii) the sexual abuse involved multiple acts committed 
        over an extended period of time.  
           Neither mistake as to the complainant's age nor consent to 
        the act by the complainant is a defense; 
           (h) the actor is a psychotherapist and the complainant is a 
        patient of the psychotherapist and the sexual penetration 
        occurred: 
           (i) during the psychotherapy session; or 
           (ii) outside the psychotherapy session if an ongoing 
        psychotherapist-patient relationship exists.  
           Consent by the complainant is not a defense; 
           (i) the actor is a psychotherapist and the complainant is a 
        former patient of the psychotherapist and the former patient is 
        emotionally dependent upon the psychotherapist; 
           (j) the actor is a psychotherapist and the complainant is a 
        patient or former patient and the sexual penetration occurred by 
        means of therapeutic deception.  Consent by the complainant is 
        not a defense; 
           (k) the actor accomplishes the sexual penetration by means 
        of deception or false representation that the penetration is for 
        a bona fide medical purpose.  Consent by the complainant is not 
        a defense; or 
           (1) the actor is or purports to be a member of the clergy, 
        the complainant is not married to the actor, and: 
           (i) the sexual penetration occurred during the course of a 
        meeting in which the complainant sought or received religious or 
        spiritual advice, aid, or comfort from the actor in private; or 
           (ii) the sexual penetration occurred during a period of 
        time in which the complainant was meeting on an ongoing basis 
        with the actor to seek or receive religious or spiritual advice, 
        aid, or comfort in private. 
           Consent by the complainant is not a defense.  
           Sec. 36.  Minnesota Statutes 1993 Supplement, section 
        609.345, subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME DEFINED.] A person who engages in 
        sexual contact with another person is guilty of criminal sexual 
        conduct in the fourth degree if any of the following 
        circumstances exists: 
           (a) the complainant is under 13 years of age and the actor 
        is no more than 36 months older than the complainant.  Neither 
        mistake as to the complainant's age or consent to the act by the 
        complainant is a defense.  In a prosecution under this clause, 
        the state is not required to prove that the sexual contact was 
        coerced; 
           (b) the complainant is at least 13 but less than 16 years 
        of age and the actor is more than 48 months older than the 
        complainant or in a position of authority over the complainant 
        and uses this authority to cause the complainant to 
        submit.  Consent by the complainant to the act is not a defense. 
        In any such case, it shall be an affirmative defense which must 
        be proved by a preponderance of the evidence that the actor 
        believes the complainant to be 16 years of age or older; 
           (c) the actor uses force or coercion to accomplish the 
        sexual contact; 
           (d) the actor knows or has reason to know that the 
        complainant is mentally impaired, mentally incapacitated, or 
        physically helpless; 
           (e) the complainant is at least 16 but less than 18 years 
        of age and the actor is more than 48 months older than the 
        complainant and in a position of authority over the complainant, 
        and uses this authority to cause or induce the complainant to 
        submit.  Neither mistake as to the complainant's age nor consent 
        to the act by the complainant is a defense; 
           (f) the actor has a significant relationship to the 
        complainant and the complainant was at least 16 but under 18 
        years of age at the time of the sexual contact.  Neither mistake 
        as to the complainant's age nor consent to the act by the 
        complainant is a defense; 
           (g) the actor has a significant relationship to the 
        complainant, the complainant was at least 16 but under 18 years 
        of age at the time of the sexual contact, and: 
           (i) the actor or an accomplice used force or coercion to 
        accomplish the contact; 
           (ii) the complainant suffered personal injury; or 
           (iii) the sexual abuse involved multiple acts committed 
        over an extended period of time.  
           Neither mistake as to the complainant's age nor consent to 
        the act by the complainant is a defense; 
           (h) the actor is a psychotherapist and the complainant is a 
        patient of the psychotherapist and the sexual contact occurred: 
           (i) during the psychotherapy session; or 
           (ii) outside the psychotherapy session if an ongoing 
        psychotherapist-patient relationship exists. 
           Consent by the complainant is not a defense; 
           (i) the actor is a psychotherapist and the complainant is a 
        former patient of the psychotherapist and the former patient is 
        emotionally dependent upon the psychotherapist; 
           (j) the actor is a psychotherapist and the complainant is a 
        patient or former patient and the sexual contact occurred by 
        means of therapeutic deception.  Consent by the complainant is 
        not a defense; 
           (k) the actor accomplishes the sexual contact by means of 
        deception or false representation that the contact is for a bona 
        fide medical purpose.  Consent by the complainant is not a 
        defense; or 
           (1) the actor is or purports to be a member of the clergy, 
        the complainant is not married to the actor, and: 
           (i) the sexual contact occurred during the course of a 
        meeting in which the complainant sought or received religious or 
        spiritual advice, aid, or comfort from the actor in private; or 
           (ii) the sexual contact occurred during a period of time in 
        which the complainant was meeting on an ongoing basis with the 
        actor to seek or receive religious or spiritual advice, aid, or 
        comfort in private. 
           Consent by the complainant is not a defense.  
           Sec. 37.  Minnesota Statutes 1992, section 609.377, is 
        amended to read: 
           609.377 [MALICIOUS PUNISHMENT OF A CHILD.] 
           A parent, legal guardian, or caretaker who, by an 
        intentional act or a series of intentional acts with respect to 
        a child, evidences unreasonable force or cruel discipline that 
        is excessive under the circumstances is guilty of malicious 
        punishment of a child and may be sentenced to imprisonment for 
        not more than one year or to payment of a fine of not more than 
        $3,000, or both.  If the punishment results in substantial 
        bodily harm, that person may be sentenced to imprisonment for 
        not more than five years or to payment of a fine of not more 
        than $10,000, or both.  If the punishment results in great 
        bodily harm, that person may be sentenced to imprisonment for 
        not more than ten years or to payment of a fine of not more than 
        $20,000, or both.  If the punishment is to a child under the age 
        of four and causes bodily harm to the head, eyes, neck, or 
        otherwise causes multiple bruises to the body, the person may be 
        sentenced to imprisonment for not more than five years or a fine 
        of $10,000, or both. 
           Sec. 38.  Minnesota Statutes 1992, section 609.485, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
        following may be sentenced as provided in subdivision 4: 
           (1) escapes while held in lawful custody on a charge or 
        conviction of a crime, or while held in lawful custody on an 
        allegation or adjudication of a delinquent act while 18 years of 
        age; 
           (2) transfers to another, who is in lawful custody on a 
        charge or conviction of a crime, or introduces into an 
        institution in which the latter is confined, anything usable in 
        making such escape, with intent that it shall be so used; 
           (3) having another in lawful custody on a charge or 
        conviction of a crime, intentionally permits the other to 
        escape; or 
           (4) escapes while in a facility designated under section 
        253B.18, subdivision 1, pursuant to a court commitment order 
        after a finding of not guilty by reason of mental illness or 
        mental deficiency of a crime against the person, as defined in 
        section 253B.02, subdivision 4a.  Notwithstanding section 
        609.17, no person may be charged with or convicted of an attempt 
        to commit a violation of this clause. 
           For purposes of clause (1), "escapes while held in lawful 
        custody" includes absconding from electronic monitoring or 
        absconding after removing an electronic monitoring device from 
        the person's body. 
           Sec. 39.  Minnesota Statutes 1992, section 609.485, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
        subdivision 3a, whoever violates this section may be sentenced 
        as follows: 
           (1) if the person who escapes is in lawful custody on a 
        charge or conviction of a felony, to imprisonment for not more 
        than five years or to payment of a fine of not more than 
        $10,000, or both.; 
           (2) if the person who escapes is in lawful custody after a 
        finding of not guilty by reason of mental illness or mental 
        deficiency of a crime against the person, as defined in section 
        253B.02, subdivision 4a, to imprisonment for not more than one 
        year and one day or to payment of a fine of not more than 
        $3,000, or both.; or 
           (3) if such charge or conviction is for a gross misdemeanor 
        or misdemeanor, or if the person who escapes is in lawful 
        custody on an allegation or adjudication of a delinquent act 
        while 18 years of age, to imprisonment for not more than one 
        year or to payment of a fine of not more than $3,000, or both.  
           (4) If such charge or conviction is for a misdemeanor, to 
        imprisonment for not more than 90 days or to payment of a fine 
        of not more than $700, or both.  
           (5) (b) If the escape was a violation of subdivision 2, 
        clause (1), (2), or (3), and was effected by violence or threat 
        of violence against a person, the sentence may be increased to 
        not more than twice those permitted in paragraph (a), clauses 
        (1), and (3), and (4). 
           (6) (c) Unless a concurrent term is specified by the court, 
        a sentence under this section shall be consecutive to any 
        sentence previously imposed or which may be imposed for any 
        crime or offense for which the person was in custody when the 
        person escaped. 
           (7) (d) Notwithstanding clause (6) paragraph (c), if a 
        person who was committed to the commissioner of corrections 
        under section 260.185 escapes from the custody of the 
        commissioner while 18 years of age, the person's sentence under 
        this section shall commence on the person's 19th birthday or on 
        the person's date of discharge by the commissioner of 
        corrections, whichever occurs first.  However, if the person 
        described in this clause is convicted under this section after 
        becoming 19 years old and after having been discharged by the 
        commissioner, the person's sentence shall commence upon 
        imposition by the sentencing court. 
           (8) (e) Notwithstanding clause (6) paragraph (c), if a 
        person who is in lawful custody on an allegation or adjudication 
        of a delinquent act while 18 years of age escapes from a local 
        juvenile correctional facility, the person's sentence under this 
        section begins on the person's 19th birthday or on the person's 
        date of discharge from the jurisdiction of the juvenile court, 
        whichever occurs first.  However, if the person described in 
        this clause paragraph is convicted after becoming 19 years old 
        and after discharge from the jurisdiction of the juvenile court, 
        the person's sentence begins upon imposition by the sentencing 
        court. 
           Sec. 40.  Minnesota Statutes 1992, section 609.506, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [GROSS MISDEMEANOR.] Whoever in any criminal 
        proceeding with intent to obstruct justice gives a fictitious 
        name, other than a nickname, or gives a false date of birth to a 
        court official is guilty of a misdemeanor.  Whoever in any 
        criminal proceeding with intent to obstruct justice gives the 
        name and date of birth of another person to a court official is 
        guilty of a gross misdemeanor.  "Court official" includes a 
        judge, referee, court administrator, or any employee of the 
        court. 
           Sec. 41.  Minnesota Statutes 1992, section 609.52, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SENTENCE.] Whoever commits theft may be 
        sentenced as follows: 
           (1) to imprisonment for not more than 20 years or to 
        payment of a fine of not more than $100,000, or both, if the 
        property is a firearm, or the value of the property or services 
        stolen is more than $35,000 and the conviction is for a 
        violation of subdivision 2, clause (3), (4), (15), or (16); or 
           (2) to imprisonment for not more than ten years or to 
        payment of a fine of not more than $20,000, or both, if the 
        value of the property or services stolen exceeds $2,500, or if 
        the property stolen was an article representing a trade secret, 
        an explosive or incendiary device, or a controlled substance 
        listed in schedule I or II pursuant to section 152.02 with the 
        exception of marijuana; or 
           (3) to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both, if: 
           (a) the value of the property or services stolen is more 
        than $500 but not more than $2,500; or 
           (b) the property stolen was a controlled substance listed 
        in schedule III, IV, or V pursuant to section 152.02; or 
           (c) the value of the property or services stolen is more 
        than $200 but not more than $500 and the person has been 
        convicted within the preceding five years for an offense under 
        this section, section 256.98; 268.18, subdivision 3; 609.24; 
        609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 
        609.63; 609.631; or 609.821, or a statute from another state in 
        conformity with any of those sections, and the person received a 
        felony or gross misdemeanor sentence for the offense, or a 
        sentence that was stayed under section 609.135 if the offense to 
        which a plea was entered would allow imposition of a felony or 
        gross misdemeanor sentence; or 
           (d) the value of the property or services stolen is not 
        more than $500, and any of the following circumstances exist: 
           (i) the property is taken from the person of another or 
        from a corpse, or grave or coffin containing a corpse; or 
           (ii) the property is a record of a court or officer, or a 
        writing, instrument or record kept, filed or deposited according 
        to law with or in the keeping of any public officer or office; 
        or 
           (iii) the property is taken from a burning, abandoned, or 
        vacant building or upon its removal therefrom, or from an area 
        of destruction caused by civil disaster, riot, bombing, or the 
        proximity of battle; or 
           (iv) the property consists of public funds belonging to the 
        state or to any political subdivision or agency thereof; or 
           (v) the property stolen is a motor vehicle; or 
           (4) to imprisonment for not more than one year or to 
        payment of a fine of not more than $3,000, or both, if the value 
        of the property or services stolen is more than $200 but not 
        more than $500; or 
           (5) in all other cases where the value of the property or 
        services stolen is $200 or less, to imprisonment for not more 
        than 90 days or to payment of a fine of not more than $700, or 
        both, provided, however, in any prosecution under subdivision 2, 
        clauses (1), (2), (3), (4), and (13), the value of the money or 
        property or services received by the defendant in violation of 
        any one or more of the above provisions within any six-month 
        period may be aggregated and the defendant charged accordingly 
        in applying the provisions of this subdivision; provided that 
        when two or more offenses are committed by the same person in 
        two or more counties, the accused may be prosecuted in any 
        county in which one of the offenses was committed for all of the 
        offenses aggregated under this paragraph. 
           Sec. 42.  Minnesota Statutes 1992, section 609.561, is 
        amended by adding a subdivision to read: 
           Subd. 3.  Whoever unlawfully by means of fire or 
        explosives, intentionally destroys or damages any building not 
        included in subdivision 1, whether the property of the actor or 
        another, commits arson in the first degree if a combustible or 
        flammable liquid is used to start or accelerate the fire may be 
        sentenced to imprisonment for not more than 20 years or a fine 
        of not more than $20,000, or both. 
           As used in this subdivision, "flammable liquid" means any 
        liquid having a flash point below 100 degrees Fahrenheit and 
        having a vapor pressure not exceeding 40 pounds per square inch 
        (absolute) at 100 degrees Fahrenheit, but does not include 
        intoxicating liquor as defined in section 340A.101.  As used in 
        this subdivision, "combustible liquid" means a liquid having a 
        flash point at or above 100 degrees Fahrenheit. 
           Sec. 43.  Minnesota Statutes 1992, section 609.611, is 
        amended to read:  
           609.611 [DEFRAUDING INSURER.] 
           Subdivision 1.  [DEFRAUD; DAMAGES OR CONCEALS PROPERTY.] 
        Whoever with intent to injure or defraud an insurer, damages, 
        removes, or conceals any property real or personal, whether the 
        actor's own or that of another, which is at the time insured by 
        any person, firm, or corporation against loss or damage; 
           (a) May be sentenced to imprisonment for not more than 
        three years or to payment of fine of not more than $5,000, or 
        both if the value insured for is less than $20,000; or 
           (b) May be sentenced to imprisonment for not more than five 
        years or to payment of fine of not more than $10,000, or both if 
        the value insured for is $20,000 or greater; 
           (c) Proof that the actor recovered or attempted to recover 
        on a policy of insurance by reason of the fire alleged loss is 
        relevant but not essential to establish the actor's intent to 
        defraud the insurer.  
           Subd. 2.  [DEFRAUD; FALSE LOSS CLAIM.] Whoever 
        intentionally makes a claim to an insurance company that 
        personal property was lost, stolen, damaged, destroyed, 
        misplaced, or disappeared, knowing the claim to be false may be 
        sentenced as provided in section 609.52, subdivision 3.  The 
        applicable statute of limitations provision under section 628.26 
        shall not begin to run until the insurance company or law 
        enforcement agency is aware of the fraud, but in no event may 
        the prosecution be commenced later than seven years after the 
        claim was made. 
           Sec. 44.  Minnesota Statutes 1993 Supplement, section 
        609.685, subdivision 3, is amended to read: 
           Subd. 3.  [PETTY MISDEMEANOR.] Whoever possesses, smokes, 
        chews, or otherwise ingests, purchases, or attempts to purchase 
        tobacco or tobacco related devices and is under the age of 18 
        years is guilty of a petty misdemeanor.  This subdivision does 
        not apply to a person under the age of 18 years who purchases or 
        attempts to purchase tobacco or tobacco related devices while 
        under the direct supervision of a responsible adult for 
        training, education, research, or enforcement purposes. 
           Sec. 45.  Minnesota Statutes 1993 Supplement, section 
        609.713, subdivision 1, is amended to read: 
           Subdivision 1.  Whoever threatens, directly or indirectly, 
        to commit any crime of violence with purpose to terrorize 
        another or to cause evacuation of a building, place of assembly, 
        vehicle or facility of public transportation or otherwise to 
        cause serious public inconvenience, or in a reckless disregard 
        of the risk of causing such terror or inconvenience may be 
        sentenced to imprisonment for not more than five years.  As used 
        in this subdivision, "crime of violence" has the meaning given 
        "violent crime" in section 609.152, subdivision 1, paragraph (d).
           Sec. 46.  Minnesota Statutes 1992, section 609.72, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Whoever does any of the following in a 
        public or private place, including on a school bus, knowing, or 
        having reasonable grounds to know that it will, or will tend to, 
        alarm, anger or disturb others or provoke an assault or breach 
        of the peace, is guilty of disorderly conduct, which is a 
        misdemeanor: 
           (1) Engages in brawling or fighting; or 
           (2) Disturbs an assembly or meeting, not unlawful in its 
        character; or 
           (3) Engages in offensive, obscene, abusive, boisterous, or 
        noisy conduct or in offensive, obscene, or abusive language 
        tending reasonably to arouse alarm, anger, or resentment in 
        others.  
           A person does not violate this section if the person's 
        disorderly conduct was caused by an epileptic seizure. 
           Sec. 47.  Minnesota Statutes 1992, section 609.746, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SURREPTITIOUS INTRUSION; OBSERVATION 
        DEVICE.] (a) A person is guilty of a misdemeanor who: 
           (1) enters upon another's property and; 
           (2) surreptitiously gazes, stares, or peeps in the 
        window or any other aperture of a house or place of dwelling of 
        another; and 
           (3) does so with intent to intrude upon or interfere with 
        the privacy of a member of the household is guilty of a 
        misdemeanor. 
           (b) A person is guilty of a misdemeanor who: 
           (1) enters upon another's property; 
           (2) surreptitiously installs or uses any device for 
        observing, photographing, recording, amplifying, or broadcasting 
        sounds or events through the window or any other aperture of a 
        house or place of dwelling of another; and 
           (3) does so with intent to intrude upon or interfere with 
        the privacy of a member of the household. 
           (c) A person is guilty of a gross misdemeanor if the person 
        violates this subdivision after a previous conviction under this 
        subdivision or section 609.749. 
           (d) Paragraph (b) does not apply to law enforcement 
        officers or corrections investigators, or to those acting under 
        their direction, while engaged in the performance of their 
        lawful duties. 
           Sec. 48.  Minnesota Statutes 1993 Supplement, section 
        609.748, subdivision 5, is amended to read: 
           Subd. 5.  [RESTRAINING ORDER.] (a) The court may grant a 
        restraining order ordering the respondent to cease or avoid the 
        harassment of another person or to have no contact with that 
        person if all of the following occur:  
           (1) the petitioner has filed a petition under subdivision 
        3; 
           (2) the sheriff has served respondent with a copy of the 
        temporary restraining order obtained under subdivision 4, and 
        with notice of the time and place of the hearing, or service has 
        been made by publication under subdivision 3, paragraph (b); and 
           (3) the court finds at the hearing that there are 
        reasonable grounds to believe that the respondent has engaged in 
        harassment.  
        A restraining order may be issued only against the respondent 
        named in the petition; except that if the respondent is an 
        organization, the order may be issued against and apply to all 
        of the members of the organization.  Relief granted by the 
        restraining order must be for a fixed period of not more than 
        two years.  When a referee presides at the hearing on the 
        petition, the restraining order becomes effective upon the 
        referee's signature. 
           (b) An order issued under this subdivision must be 
        personally served upon the respondent. 
           Sec. 49.  Minnesota Statutes 1992, section 609.855, is 
        amended to read: 
           609.855 [CRIMES AGAINST INVOLVING TRANSIT PROVIDERS AND 
        OPERATORS; SHOOTING AT TRANSIT VEHICLE.] 
           Subdivision 1.  [UNLAWFULLY OBTAINING SERVICES; 
        MISDEMEANOR.] Whoever A person is guilty of a misdemeanor who 
        intentionally obtains or attempts to obtain service from a 
        provider of regular route public transit as defined in section 
        174.22, subdivision 8, service or from a public conveyance, 
        without making paying the required fare deposit or otherwise 
        obtaining the consent of the transit operator or other an 
        authorized transit representative is guilty of unlawfully 
        obtaining services and may be sentenced as provided in 
        subdivision 4.  
           Subd. 2.  [UNLAWFUL INTERFERENCE WITH TRANSIT OPERATOR.] 
        (a) Whoever intentionally commits an act that unreasonably 
        interferes with or obstructs, or tends to interfere with or 
        obstruct, the operation of a transit vehicle is guilty of 
        unlawful interference with a transit operator and may be 
        sentenced as provided in subdivision 4 paragraph (c). 
           (b) An act that is committed on a transit vehicle that 
        distracts the driver from the safe operation of the vehicle or 
        that endangers passengers is a violation of this subdivision if 
        an authorized transit representative has clearly warned the 
        person once to stop the act. 
           (c) A person who violates this subdivision may be sentenced 
        as follows: 
           (1) to imprisonment for not more than three years or to 
        payment of a fine of not more than $5,000, or both, if the 
        violation was accompanied by force or violence or a 
        communication of a threat of force or violence; or 
           (2) to imprisonment for not more than 90 days or to payment 
        of a fine of not more than $700, or both, if the violation was 
        not accompanied by force or violence or a communication of a 
        threat of force or violence.  
           Subd. 3.  [PROHIBITED ACTIVITIES; MISDEMEANOR.] (a) Whoever 
        A person is guilty of a misdemeanor who, while riding in a 
        vehicle providing regular route public transit service:  
           (1) operates a radio, television, tape player, electronic 
        musical instrument, or other electronic device, other than a 
        watch, which amplifies music, unless the sound emanates only 
        from earphones or headphones and except that vehicle operators 
        may operate electronic equipment for official business; 
           (2) smokes or carries lighted smoking paraphernalia; 
           (3) consumes food or beverages, except when authorized by 
        the operator or other official of the transit system; 
           (4) throws or deposits litter; or 
           (5) carries or is in control of an animal without the 
        operator's consent; or 
           (6) acts in any other manner which disturbs the peace and 
        quiet of another person; 
           is guilty of disruptive behavior and may be sentenced as 
        provided in subdivision 4. 
           (b) A person is guilty of a violation of this subdivision 
        only if the person continues to act in violation of this 
        subdivision after being warned once by an authorized transit 
        representative to stop the conduct.  
           Subd. 4.  [PENALTY.] Whoever violates subdivision 1, 2, or 
        3 may be sentenced as follows:  
           (a) to imprisonment for not more than one year or to 
        payment of a fine of not more than $3,000, or both, if the 
        violation was accompanied by force or violence or a 
        communication of a threat of force or violence; or 
           (b) to imprisonment for not more than 90 days or to payment 
        of a fine of not more than $700, or both, if the violation was 
        not accompanied by force or violence or a communication of a 
        threat of force or violence.  
           Subd. 5.  [SHOOTING AT PUBLIC TRANSIT VEHICLE OR FACILITY.] 
        Whoever recklessly discharges a firearm at any portion of a 
        public transit vehicle or facility is guilty of a felony and may 
        be sentenced to imprisonment for not more than three years or to 
        payment of a fine of not more than $6,000, or both.  If the 
        transit vehicle or facility is occupied, the person may be 
        sentenced to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both. 
           Subd. 6.  [RESTRAINING ORDERS.] (a) At the sentencing on a 
        violation of this section, the district court shall consider the 
        extent to which the person's conduct has negatively disrupted 
        the delivery of transit services or has affected the utilization 
        of public transit services by others.  The district court may, 
        in its discretion, include as part of any sentence for a 
        violation of this section, an order restraining the person from 
        using public transit vehicles and facilities for a fixed period, 
        not to exceed two years or any term of probation, whichever is 
        longer.  
           (b) The district court administrator shall forward copies 
        of any orders, and any subsequent orders of the court rescinding 
        or modifying the original order, promptly to the operator of the 
        transit system on which the offense took place.  
           (c) A person who violates an order issued under this 
        subdivision is guilty of a gross misdemeanor.  
           Sec. 50.  Minnesota Statutes 1992, section 609.87, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [AUTHORIZATION.] "Authorization" means with the 
        permission of the owner of the computer, computer system, 
        computer network, computer software, or other property.  
        Authorization may be limited by the owner by:  (1) giving the 
        user actual notice orally or in writing; (2) posting a written 
        notice in a prominent location adjacent to the computer being 
        used; or (3) using a notice displayed on or announced by the 
        computer being used. 
           Sec. 51.  Minnesota Statutes 1992, section 609.88, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACTS.] Whoever does any of the following 
        is guilty of computer damage and may be sentenced as provided in 
        subdivision 2:  
           (a) Intentionally and without authorization damages or 
        destroys any computer, computer system, computer network, 
        computer software, or any other property specifically defined in 
        section 609.87, subdivision 6; 
           (b) Intentionally and without authorization and or with 
        intent to injure or defraud alters any computer, computer 
        system, computer network, computer software, or any other 
        property specifically defined in section 609.87, subdivision 6; 
        or 
           (c) Distributes a destructive computer program, without 
        authorization and with intent to damage or destroy any computer, 
        computer system, computer network, computer software, or any 
        other property specifically defined in section 609.87, 
        subdivision 6. 
           Sec. 52.  Minnesota Statutes 1992, section 609.89, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACTS.] Whoever does any of the following 
        is guilty of computer theft and may be sentenced as provided in 
        subdivision 2:  
           (a) Intentionally and without authorization or claim of 
        right accesses or causes to be accessed any computer, computer 
        system, computer network or any part thereof for the purpose of 
        obtaining services or property; or 
           (b) Intentionally and without claim of right, and with 
        intent to permanently deprive the owner of use or possession, 
        takes, transfers, conceals or retains possession of any 
        computer, computer system, or any computer software or data 
        contained in a computer, computer system, or computer network.  
           Sec. 53.  [609.8911] [REPORTING VIOLATIONS.] 
           A person who has reason to believe that any provision of 
        section 609.88, 609.89, or 609.891 is being or has been violated 
        shall report the suspected violation to the prosecuting 
        authority in the county in which all or part of the suspected 
        violation occurred.  A person who makes a report under this 
        section is immune from any criminal or civil liability that 
        otherwise might result from the person's action, if the person 
        is acting in good faith. 
           Sec. 54.  Minnesota Statutes 1992, section 617.23, is 
        amended to read: 
           617.23 [INDECENT EXPOSURE; PENALTIES.] 
           Every person who shall willfully and lewdly expose the 
        person's body, or the private parts thereof, in any public 
        place, or in any place where others are present, or shall 
        procure another to expose private parts, and every person who 
        shall be guilty of any open or gross lewdness or lascivious 
        behavior, or any public indecency other than hereinbefore 
        specified, shall be guilty of a misdemeanor, and punished by a 
        fine of not less than $5, or by imprisonment in a county jail 
        for not less than ten days. 
           Every person committing the offense herein set forth, after 
        having once been convicted of such an offense in this state, 
        shall be guilty of a gross misdemeanor.  
           A person is guilty of a gross misdemeanor if the person 
        violates this section after having been previously convicted of 
        violating this section, sections 609.342 to 609.3451, or a 
        statute from another state in conformity with any of those 
        sections.  
           Sec. 55.  Minnesota Statutes 1992, section 624.731, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PROHIBITED USE.] (a) No person shall knowingly, 
        or with reason to know, use tear gas, a tear gas compound, an 
        authorized tear gas compound, or an electronic incapacitation 
        device on or against a peace officer who is in the performance 
        of duties. 
           (b) No person shall use tear gas, a tear gas compound, an 
        authorized tear gas compound, or an electronic incapacitation 
        device except as authorized in subdivision 2 or 6.  
           (c) Tear gas, a tear gas compound, or an electronic 
        incapacitation device shall legally constitute a weapon when it 
        is used in the commission of a crime.  
           (d) No person shall use tear gas or a tear gas compound in 
        an immobilizing concentration against another person, except as 
        otherwise permitted by subdivision 2. 
           Sec. 56.  Minnesota Statutes 1992, section 624.731, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PENALTIES.] (a) The following violations of this 
        section shall be considered a felony:  
           (1) The possession or use of tear gas, a tear gas compound, 
        an authorized tear gas compound, or an electronic incapacitation 
        device by a person specified in subdivision 3, clause 
        paragraph (b).  
           (2) Knowingly selling or furnishing of tear gas, a tear gas 
        compound, an authorized tear gas compound, or an electronic 
        incapacitation device to a person specified in subdivision 3, 
        clause paragraph (b). 
           (3) The use of an electronic incapacitation device as 
        prohibited in subdivision 4, clause paragraph (a).  
           (4) The use of tear gas or a tear gas compound as 
        prohibited in subdivision 4, paragraph (d). 
           (b) The following violation of this section shall be 
        considered a gross misdemeanor and shall be punished by not less 
        than 90 days in jail:  The prohibited use of tear gas, a tear 
        gas compound, or an authorized tear gas compound as specified in 
        subdivision 4, clause paragraph (a).  
           (c) The following violations of this section shall be 
        considered a misdemeanor:  
           (1) The possession or use of tear gas, a tear gas compound, 
        an authorized tear gas compound, or an electronic incapacitation 
        device which fails to meet the requirements of subdivision 2 by 
        any person except as allowed by subdivision 6.  
           (2) The possession or use of an authorized tear gas 
        compound or an electronic incapacitation device by a person 
        specified in subdivision 3, clause paragraph (a) or (c).  
           (3) The use of tear gas, a tear gas compound, an authorized 
        tear gas compound, or an electronic incapacitation device except 
        as allowed by subdivision 2 or 6.  
           (4) Knowingly selling or furnishing an authorized tear gas 
        compound or an electronic incapacitation device to a person 
        specified in subdivision 3, clause paragraph (a) or (c).  
           (5) Selling or furnishing of tear gas or a tear gas 
        compound other than an authorized tear gas compound to any 
        person except as allowed by subdivision 6.  
           (6) Selling or furnishing of an authorized tear gas 
        compound or an electronic incapacitation device on premises 
        where intoxicating liquor is sold on an on-sale or off-sale 
        basis or where 3.2 percent malt liquor is sold on an on-sale 
        basis.  
           (7) Selling an authorized tear gas compound or an 
        electronic incapacitation device in violation of local licensing 
        requirements.  
           Sec. 57.  Minnesota Statutes 1993 Supplement, section 
        626.556, subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them unless the specific 
        content indicates otherwise: 
           (a) "Sexual abuse" means the subjection of a child by a 
        person responsible for the child's care, by a person who has a 
        significant relationship to the child, as defined in section 
        609.341, or by a person in a position of authority, as defined 
        in section 609.341, subdivision 10, to any act which constitutes 
        a violation of section 609.342, 609.343, 609.344, or 609.345.  
        Sexual abuse also includes any act which involves a minor which 
        constitutes a violation of sections 609.321 to 609.324 or 
        617.246.  Sexual abuse includes threatened sexual abuse.  
           (b) "Person responsible for the child's care" means (1) an 
        individual functioning within the family unit and having 
        responsibilities for the care of the child such as a parent, 
        guardian, or other person having similar care responsibilities, 
        or (2) an individual functioning outside the family unit and 
        having responsibilities for the care of the child such as a 
        teacher, school administrator, or other lawful custodian of a 
        child having either full-time or short-term care 
        responsibilities including, but not limited to, day care, 
        babysitting whether paid or unpaid, counseling, teaching, and 
        coaching.  
           (c) "Neglect" means failure by a person responsible for a 
        child's care to supply a child with necessary food, clothing, 
        shelter or medical care when reasonably able to do so, failure 
        to protect a child from conditions or actions which imminently 
        and seriously endanger the child's physical or mental health 
        when reasonably able to do so, or failure to take steps to 
        ensure that a child is educated in accordance with state law. 
        Nothing in this section shall be construed to mean that a child 
        is neglected solely because the child's parent, guardian, or 
        other person responsible for the child's care in good faith 
        selects and depends upon spiritual means or prayer for treatment 
        or care of disease or remedial care of the child in lieu of 
        medical care; except that there is a duty a parent, guardian, or 
        caretaker, or a person mandated to report pursuant to 
        subdivision 3, has a duty to report if a lack of medical care 
        may cause imminent and serious danger to the child's health.  
        This section does not impose upon persons, not otherwise legally 
        responsible for providing a child with necessary food, clothing, 
        shelter, education, or medical care, a duty to provide that 
        care. Neglect includes prenatal exposure to a controlled 
        substance, as defined in section 253B.02, subdivision 2, used by 
        the mother for a nonmedical purpose, as evidenced by withdrawal 
        symptoms in the child at birth, results of a toxicology test 
        performed on the mother at delivery or the child at birth, or 
        medical effects or developmental delays during the child's first 
        year of life that medically indicate prenatal exposure to a 
        controlled substance.  Neglect also means "medical neglect" as 
        defined in section 260.015, subdivision 2a, clause (5). 
           (d) "Physical abuse" means any physical or mental injury, 
        or threatened injury, inflicted by a person responsible for the 
        child's care on a child other than by accidental means, or any 
        physical or mental injury that cannot reasonably be explained by 
        the child's history of injuries, or any aversive and deprivation 
        procedures that have not been authorized under section 245.825.  
           (e) "Report" means any report received by the local welfare 
        agency, police department, or county sheriff pursuant to this 
        section. 
           (f) "Facility" means a day care facility, residential 
        facility, agency, hospital, sanitarium, or other facility or 
        institution required to be licensed pursuant to sections 144.50 
        to 144.58, 241.021, or 245A.01 to 245A.16.  
           (g) "Operator" means an operator or agency as defined in 
        section 245A.02.  
           (h) "Commissioner" means the commissioner of human services.
           (i) "Assessment" includes authority to interview the child, 
        the person or persons responsible for the child's care, the 
        alleged perpetrator, and any other person with knowledge of the 
        abuse or neglect for the purpose of gathering the facts, 
        assessing the risk to the child, and formulating a plan.  
           (j) "Practice of social services," for the purposes of 
        subdivision 3, includes but is not limited to employee 
        assistance counseling and the provision of guardian ad litem 
        services.  
           (k) "Mental injury" means an injury to the psychological 
        capacity or emotional stability of a child as evidenced by an 
        observable or substantial impairment in the child's ability to 
        function within a normal range of performance and behavior with 
        due regard to the child's culture.  
           (l) "Threatened injury" means a statement, overt act, 
        condition, or status that represents a substantial risk of 
        physical or sexual abuse or mental injury. 
           Sec. 58.  Minnesota Statutes 1992, section 626.556, 
        subdivision 6, is amended to read: 
           Subd. 6.  [FAILURE TO REPORT.] A person mandated by this 
        section to report who knows or has reason to believe that a 
        child is neglected or physically or sexually abused, as defined 
        in subdivision 2, or has been neglected or physically or 
        sexually abused within the preceding three years, and fails to 
        report is guilty of a misdemeanor.  A parent, guardian, or 
        caretaker who knows or reasonably should know that the child's 
        health is in serious danger and who fails to report as required 
        by subdivision 2, paragraph (c), is guilty of a gross 
        misdemeanor if the child suffers substantial or great bodily 
        harm because of the lack of medical care.  If the child dies 
        because of the lack of medical care, the person is guilty of a 
        felony and may be sentenced to imprisonment for not more than 
        two years or to payment of a fine of not more than $4,000, or 
        both.  The provision in section 609.378, subdivision 1, 
        paragraph (a), clause (1), providing that a parent, guardian, or 
        caretaker may, in good faith, select and depend on spiritual 
        means or prayer for treatment or care of a child, does not 
        exempt a parent, guardian, or caretaker from the duty to report 
        under this subdivision. 
           Sec. 59.  Minnesota Statutes 1992, section 626.556, 
        subdivision 10e, is amended to read: 
           Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
        assessment or investigation it conducts, the local welfare 
        agency shall make two determinations:  first, whether 
        maltreatment has occurred; and second, whether child protective 
        services are needed. 
           (a) For the purposes of this subdivision, "maltreatment" 
        means any of the following acts or omissions committed by a 
        person responsible for the child's care: 
           (1) physical abuse as defined in subdivision 2, paragraph 
        (d); 
           (2) neglect as defined in subdivision 2, paragraph (c); 
           (3) sexual abuse as defined in subdivision 2, paragraph 
        (a); or 
           (4) mental injury as defined in subdivision 2, paragraph 
        (k). 
           (b) For the purposes of this subdivision, a determination 
        that child protective services are needed means that the local 
        welfare agency has documented conditions during the assessment 
        or investigation sufficient to cause a child protection worker, 
        as defined in section 626.559, subdivision 1, to conclude that a 
        child is at significant risk of maltreatment if protective 
        intervention is not provided and that the individuals 
        responsible for the child's care have not taken or are not 
        likely to take actions to protect the child from maltreatment or 
        risk of maltreatment. 
           (c) This subdivision does not mean that maltreatment has 
        occurred solely because the child's parent, guardian, or other 
        person responsible for the child's care in good faith selects 
        and depends upon spiritual means or prayer for treatment or care 
        of disease or remedial care of the child, in lieu of medical 
        care.  However, if lack of medical care may result in imminent 
        and serious danger to the child's health, the local welfare 
        agency may ensure that necessary medical services are provided 
        to the child. 
           Sec. 60.  Minnesota Statutes 1992, section 626.557, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them unless the specific 
        context indicates otherwise. 
           (a) "Facility" means a hospital or other entity required to 
        be licensed pursuant to sections 144.50 to 144.58; a nursing 
        home required to be licensed to serve adults pursuant to section 
        144A.02; an agency, day care facility, or residential facility 
        required to be licensed to serve adults pursuant to sections 
        245A.01 to 245A.16; or a home care provider licensed under 
        section 144A.46. 
           (b) "Vulnerable adult" means any person 18 years of age or 
        older: 
           (1) who is a resident or inpatient of a facility; 
           (2) who receives services at or from a facility required to 
        be licensed to serve adults pursuant to sections 245A.01 to 
        245A.16, except a person receiving outpatient services for 
        treatment of chemical dependency or mental illness; 
           (3) who receives services from a home care provider 
        licensed under section 144A.46; or 
           (4) who, regardless of residence or type of service 
        received, is unable or unlikely to report abuse or neglect 
        without assistance because of impairment of mental or physical 
        function or emotional status. 
        "Vulnerable adult" does not include a person who is committed as 
        a psychopathic personality under section 526.10. 
           (c) "Caretaker" means an individual or facility who has 
        responsibility for the care of a vulnerable adult as a result of 
        a family relationship, or who has assumed responsibility for all 
        or a portion of the care of a vulnerable adult voluntarily, by 
        contract, or by agreement. 
           (d) "Abuse" means: 
           (1) any act which constitutes a violation under sections 
        609.221 to 609.223, 609.23 to 609.235, 609.322, 609.342, 
        609.343, 609.344, or 609.345; 
           (2) nontherapeutic conduct which produces or could 
        reasonably be expected to produce pain or injury and is not 
        accidental, or any repeated conduct which produces or could 
        reasonably be expected to produce mental or emotional distress; 
           (3) any sexual contact between a facility staff person and 
        a resident or client of that facility; 
           (4) the illegal use of a vulnerable adult's person or 
        property for another person's profit or advantage, or the breach 
        of a fiduciary relationship through the use of a person or a 
        person's property for any purpose not in the proper and lawful 
        execution of a trust, including but not limited to situations 
        where a person obtains money, property, or services from a 
        vulnerable adult through the use of undue influence, harassment, 
        duress, deception, or fraud; or 
           (5) any aversive and deprivation procedures that have not 
        been authorized under section 245.825. 
           (e) "Neglect" means:  
           (1) failure by a caretaker to supply a vulnerable adult 
        with necessary food, clothing, shelter, health care or 
        supervision; 
           (2) the absence or likelihood of absence of necessary food, 
        clothing, shelter, health care, or supervision for a vulnerable 
        adult; or 
           (3) the absence or likelihood of absence of necessary 
        financial management to protect a vulnerable adult against abuse 
        as defined in paragraph (d), clause (4).  Nothing in this 
        section shall be construed to require a health care facility to 
        provide financial management or supervise financial management 
        for a vulnerable adult except as otherwise required by law. 
           (f) "Report" means any report received by a local welfare 
        agency, police department, county sheriff, or licensing agency 
        pursuant to this section. 
           (g) "Licensing agency" means: 
           (1) the commissioner of health, for facilities as defined 
        in clause (a) which are required to be licensed or certified by 
        the department of health; 
           (2) the commissioner of human services, for facilities 
        required by sections 245A.01 to 245A.16 to be licensed; 
           (3) any licensing board which regulates persons pursuant to 
        section 214.01, subdivision 2; and 
           (4) any agency responsible for credentialing human services 
        occupations. 
           (h) "Substantiated" means a preponderance of the evidence 
        shows that an act that meets the definition of abuse or neglect 
        occurred. 
           (i) "False" means a preponderance of the evidence shows 
        that an act that meets the definition of abuse or neglect did 
        not occur. 
           (j) "Inconclusive" means there is less than a preponderance 
        of evidence to show that abuse or neglect did or did not occur. 
           Sec. 61.  Minnesota Statutes 1992, section 626.557, 
        subdivision 10a, is amended to read: 
           Subd. 10a.  [NOTIFICATION OF NEGLECT OR ABUSE IN A 
        FACILITY.] (a) When a report is received that alleges neglect, 
        physical abuse, or sexual abuse of a vulnerable adult while in 
        the care of a facility required to be licensed under section 
        144A.02 or sections 245A.01 to 245A.16, the local welfare agency 
        investigating the report shall notify the guardian or 
        conservator of the person of a vulnerable adult under 
        guardianship or conservatorship of the person who is alleged to 
        have been abused or neglected.  The local welfare agency shall 
        notify the person, if any, designated to be notified in case of 
        an emergency by a vulnerable adult not under guardianship or 
        conservatorship of the person who is alleged to have been abused 
        or neglected, unless consent is denied by the vulnerable adult.  
        The notice shall contain the following information:  the name of 
        the facility; the fact that a report of alleged abuse or neglect 
        of a vulnerable adult in the facility has been received; the 
        nature of the alleged abuse or neglect; that the agency is 
        conducting an investigation; any protective or corrective 
        measures being taken pending the outcome of the investigation; 
        and that a written memorandum will be provided when the 
        investigation is completed.  
           (b) In a case of alleged neglect, physical abuse, or sexual 
        abuse of a vulnerable adult while in the care of a facility 
        required to be licensed under sections 245A.01 to 245A.16, the 
        local welfare agency may also provide the information in 
        paragraph (a) to the guardian or conservator of the person of 
        any other vulnerable adult in the facility who is under 
        guardianship or conservatorship of the person, to any other 
        vulnerable adult in the facility who is not under guardianship 
        or conservatorship of the person, and to the person, if any, 
        designated to be notified in case of an emergency by any other 
        vulnerable adult in the facility who is not under guardianship 
        or conservatorship of the person, unless consent is denied by 
        the vulnerable adult, if the investigative agency knows or has 
        reason to believe the alleged neglect, physical abuse, or sexual 
        abuse has occurred. 
           (c) When the investigation required under subdivision 10 is 
        completed, the local welfare agency shall provide a written 
        memorandum containing the following information to every 
        guardian or conservator of the person or other person notified 
        by the agency of the investigation under paragraph (a) or (b):  
        the name of the facility investigated; the nature of the alleged 
        neglect, physical abuse, or sexual abuse; the investigator's 
        name; a summary of the investigative findings; a statement of 
        whether the report was found to be substantiated, inconclusive, 
        or false as to abuse or neglect; and the protective or 
        corrective measures that are being or will be taken.  The 
        memorandum shall be written in a manner that protects the 
        identity of the reporter and the alleged victim and shall not 
        contain the name or, to the extent possible, reveal the identity 
        of the alleged perpetrator or of those interviewed during the 
        investigation.  
           (d) In a case of neglect, physical abuse, or sexual abuse 
        of a vulnerable adult while in the care of a facility required 
        to be licensed under sections 245A.01 to 245A.16, the local 
        welfare agency may also provide the written memorandum to the 
        guardian or conservator of the person of any other vulnerable 
        adult in the facility who is under guardianship or 
        conservatorship of the person, to any other vulnerable adult in 
        the facility who is not under guardianship or conservatorship of 
        the person, and to the person, if any, designated to be notified 
        in case of an emergency by any other vulnerable adult in the 
        facility who is not under guardianship or conservatorship of the 
        person, unless consent is denied by the vulnerable adult, if the 
        report is substantiated or if the investigation is inconclusive 
        and the report is a second or subsequent report of neglect, 
        physical abuse, or sexual abuse of a vulnerable adult while in 
        the care of the facility. 
           (e) In determining whether to exercise the discretionary 
        authority granted under paragraphs (b) and (d), the local 
        welfare agency shall consider the seriousness and extent of the 
        alleged neglect, physical abuse, or sexual abuse and the impact 
        of notification on the residents of the facility.  The facility 
        shall be notified whenever this discretion is exercised. 
           (f) Where federal law specifically prohibits the disclosure 
        of patient identifying information, the local welfare agency 
        shall not provide any notice under paragraph (a) or (b) or any 
        memorandum under paragraph (c) or (d) unless the vulnerable 
        adult has consented to disclosure in a manner which conforms to 
        federal requirements. 
           Sec. 62.  Minnesota Statutes 1992, section 626.557, 
        subdivision 12, is amended to read: 
           Subd. 12.  [RECORDS.] (a) Each licensing agency shall 
        maintain summary records of reports of alleged abuse or neglect 
        and alleged violations of the requirements of this section with 
        respect to facilities or persons licensed or credentialed by 
        that agency.  As part of these records, the agency shall prepare 
        an investigation memorandum.  Notwithstanding section 13.46, 
        subdivision 3, the investigation memorandum shall be accessible 
        to the public pursuant to section 13.03 and a copy shall be 
        provided to any public agency which referred the matter to the 
        licensing agency for investigation.  It shall contain a complete 
        review of the agency's investigation, including but not limited 
        to:  the name of any facility investigated; a statement of the 
        nature of the alleged abuse or neglect or other violation of the 
        requirements of this section; pertinent information obtained 
        from medical or other records reviewed; the investigator's name; 
        a summary of the investigation's findings; a statement of 
        whether the report was found to be substantiated, inconclusive, 
        or false as to abuse or neglect; and a statement of any action 
        taken by the agency.  The investigation memorandum shall be 
        written in a manner which protects the identity of the reporter 
        and of the vulnerable adult and may not contain the name or, to 
        the extent possible, the identity of the alleged perpetrator or 
        of those interviewed during the investigation.  During the 
        licensing agency's investigation, all data collected pursuant to 
        this section shall be classified as investigative data pursuant 
        to section 13.39.  After the licensing agency's investigation is 
        complete, the data on individuals collected and maintained shall 
        be private data on individuals.  All data collected pursuant to 
        this section shall be made available to prosecuting authorities 
        and law enforcement officials, local welfare agencies, and 
        licensing agencies investigating the alleged abuse or neglect.  
        The subject of the report may compel disclosure of the name of 
        the reporter only with the consent of the reporter or upon a 
        written finding by the court that the report was false and that 
        there is evidence that the report was made in bad faith.  This 
        subdivision does not alter disclosure responsibilities or 
        obligations under the rules of criminal procedure.  
           (b) Notwithstanding the provisions of section 138.163:  
           (1) all data maintained by licensing agencies, treatment 
        facilities, or other public agencies which relate to reports 
        which, upon investigation, are found to be false may be 
        destroyed two years after the finding was made; 
           (2) all data maintained by licensing agencies, treatment 
        facilities, or other public agencies which relate to reports 
        which, upon investigation, are found to be inconclusive may be 
        destroyed four years after the finding was made; 
           (3) all data maintained by licensing agencies, treatment 
        facilities, or other public agencies which relate to reports 
        which, upon investigation, are found to be substantiated may be 
        destroyed seven years after the finding was made. 
           Sec. 63.  Minnesota Statutes 1992, section 626A.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [OFFENSES FOR WHICH INTERCEPTION OF WIRE OR ORAL 
        COMMUNICATION MAY BE AUTHORIZED.] A warrant authorizing 
        interception of wire, electronic, or oral communications by 
        investigative or law enforcement officers may only be issued 
        when the interception may provide evidence of the commission of, 
        or of an attempt or conspiracy to commit, any of the following 
        offenses:  
           (1) a felony offense involving murder, manslaughter, 
        assault in the first, second, and third degrees, aggravated 
        robbery, kidnapping, criminal sexual conduct in the first, 
        second, and third degrees, prostitution, bribery, perjury, 
        escape from custody, theft, receiving stolen property, 
        embezzlement, burglary in the first, second, and third degrees, 
        forgery, aggravated forgery, check forgery, or financial 
        transaction card fraud, as punishable under sections 609.185, 
        609.19, 609.195, 609.20, 609.221, 609.222, 609.223, 609.2231, 
        609.245, 609.25, 609.321 to 609.324, 609.342, 609.343, 609.344, 
        609.42, 609.48, 609.485, subdivision 4, paragraph (a), clause 
        (1), 609.52, 609.53, 609.54, 609.582, 609.625, 609.63, 609.631, 
        609.821, and 609.825; 
           (2) an offense relating to gambling or controlled 
        substances, as punishable under section 609.76 or chapter 152; 
        or 
           (3) an offense relating to restraint of trade defined in 
        section 325D.53, subdivision 1 or 2, as punishable under section 
        325D.56, subdivision 2. 
           Sec. 64.  Minnesota Statutes 1993 Supplement, section 
        628.26, is amended to read: 
           628.26 [LIMITATIONS.] 
           (a) Indictments or complaints for murder may be found or 
        made at any time after the death of the person killed.  
           (b) Indictments or complaints for violation of section 
        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.  
           (c) 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 seven 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. 
           (d) Indictments or complaints for violation of sections 
        609.342 to 609.344 if the victim was 18 years old or older at 
        the time the offense was committed, shall be found or made and 
        filed in the proper court within seven years after the 
        commission of the offense. 
           (e) Indictments or complaints for violation of sections 
        609.466 and 609.52, subdivision 2, clause (3)(c) shall be found 
        or made and filed in the proper court within six years after the 
        commission of the offense. 
           (f) Indictments or complaints for violation of section 
        609.52, subdivision 2, clause (3), items (a) and (b), (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. 
           (g) 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.  
           (h) 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. 
           (i) 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. 
           (j) 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. 
           (k) 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. 
           Sec. 65.  Minnesota Statutes 1992, section 629.471, is 
        amended to read: 
           629.471 [MAXIMUM BAIL ON MISDEMEANORS; GROSS MISDEMEANORS.] 
           Subdivision 1.  [DOUBLE THE FINE.] Except as provided in 
        subdivision 2 or 3, the maximum cash bail that may be required 
        for a person charged with a misdemeanor or gross misdemeanor 
        offense is double the highest cash fine that may be imposed for 
        that offense. 
           Subd. 2.  [QUADRUPLE THE FINE.] For offenses under sections 
        169.09, 169.121, 169.129, 518B.01, 609.2231, subdivision 
        2, 609.224, 609.487, and 609.525, the maximum cash bail that may 
        be required for a person charged with a misdemeanor or gross 
        misdemeanor violation is quadruple the highest cash fine that 
        may be imposed for the offense. 
           Subd. 3.  [SIX TIMES THE FINE.] For offenses under sections 
        518B.01 and 609.224, the maximum cash bail that may be required 
        for a person charged with a misdemeanor or gross misdemeanor 
        violation is six times the highest cash fine that may be imposed 
        for the offense. 
           Sec. 66.  [SENTENCING GUIDELINES MODIFICATION.] 
           The sentencing guidelines commission shall consider ranking 
        conduct constituting sexual contact with a child under the age 
        of 13, as defined in section 32, in severity level VII of the 
        sentencing guidelines grid. 
           Sec. 67.  [SENTENCING GUIDELINES COMMISSION STUDY.] 
           The sentencing guidelines commission shall evaluate whether 
        the current sentencing guidelines and related statutes are 
        effective in furthering the goals of protecting the public 
        safety and coordinating correctional resources with sentencing 
        policy.  Based on this evaluation, the commission shall develop 
        and recommend options for modifying the sentencing guidelines so 
        as to ensure that state correctional resources are reserved for 
        violent offenders.  These options may include, but need not be 
        limited to, changes to severity level rankings, criminal history 
        score computations, sentence durations, the grid, and other 
        sentencing guidelines policies. 
           The commission shall report to the legislature by January 
        1, 1995, concerning any modifications it proposes to adopt as a 
        result of its study.  The commission's report shall explain the 
        rationale behind each proposed modification.  
           Sec. 68.  [REPORT TO THE LEGISLATURE.] 
           By December 31, 1994, the attorney general, in cooperation 
        with the commissioners of health and human services, shall 
        provide the legislature with a detailed plan with specific law, 
        rule, or administrative procedure changes to implement the 
        recommendations of the advisory committee established under Laws 
        1993, chapter 338, section 11.  The attorney general shall work 
        with that advisory committee, law enforcement agencies, and 
        representatives of labor organizations and professional 
        associations representing employees affected by the vulnerable 
        adults act to develop comprehensive recommendations addressing 
        issues in the operation of Minnesota Statutes, section 626.557, 
        particularly the issues which the advisory committee identified 
        in its February 1994 report to the governor and legislature. 
           Sec. 69.  [REPEALER.] 
           Minnesota Statutes 1992, sections 152.01, subdivision 17; 
        609.0332, subdivision 2; and 609.855, subdivision 4, are 
        repealed.  
           Sec. 70.  [EFFECTIVE DATE.] 
           Sections 66 to 68 are effective the day following final 
        enactment.  Sections 2, 8, 9 to 11, 48, and 60 to 62, are 
        effective July 1, 1994.  Sections 1, 3 to 7, 12 to 17, 19 to 21, 
        23 to 47, 49 to 59, 63 to 65, and 69, are effective August 1, 
        1994, and apply to crimes committed on or after that date.  
        Sections 18 and 22 are effective August 1, 1995, and apply to 
        crimes committed on or after that date. 
                                   ARTICLE 3
                               FIREARM PROVISIONS 
           Section 1.  Minnesota Statutes 1992, section 244.09, is 
        amended by adding a subdivision to read: 
           Subd. 14.  [REPORT ON MANDATORY MINIMUM SENTENCES.] The 
        sentencing guidelines commission shall include in its annual 
        report to the legislature a summary and analysis of reports 
        received from county attorneys under section 609.11, subdivision 
        10. 
           Sec. 2.  [245.041] [PROVISION OF FIREARMS BACKGROUND CHECK 
        INFORMATION.] 
           Notwithstanding section 253B.23, subdivision 9, the 
        commissioner of human services shall provide commitment 
        information to local law enforcement agencies for the sole 
        purpose of facilitating a firearms background check under 
        section 624.7131, 624.7132, or 624.714.  The information to be 
        provided is limited to whether the person has been committed 
        under chapter 253B and, if so, the type of commitment. 
           Sec. 3.  [253B.091] [REPORTING JUDICIAL COMMITMENTS 
        INVOLVING PRIVATE TREATMENT PROGRAMS OR FACILITIES.] 
           Notwithstanding section 253B.23, subdivision 9, when a 
        committing court judicially commits a proposed patient to a 
        treatment program or facility other than a state-operated 
        program or facility, the court shall report the commitment to 
        the commissioner of human services for purposes of providing 
        commitment information for firearm background checks under 
        section 245.041. 
           Sec. 4.  Minnesota Statutes 1992, section 487.25, is 
        amended by adding a subdivision to read: 
           Subd. 12.  [ASSISTANCE OF ATTORNEY GENERAL.] An attorney 
        for a statutory or home rule charter city in the metropolitan 
        area, as defined in section 473.121, subdivision 2, may request, 
        and the attorney general may provide, assistance in prosecuting 
        nonfelony violations of section 609.66, subdivision 1; 609.666; 
        624.713, subdivision 2; 624.7131, subdivision 11; 624.7132, 
        subdivision 15; 624.714, subdivision 1 or 10; 624.7162, 
        subdivision 3; or 624.7181, subdivision 2. 
           Sec. 5.  Minnesota Statutes 1993 Supplement, section 
        609.11, subdivision 4, is amended to read: 
           Subd. 4.  [DANGEROUS WEAPON.] Any defendant convicted of an 
        offense listed in subdivision 9 in which the defendant or an 
        accomplice, at the time of the offense, used, whether by 
        brandishing, displaying, threatening with, or otherwise 
        employing, a dangerous weapon other than a firearm, or had in 
        possession a firearm, shall be committed to the commissioner of 
        corrections for not less than one year plus one day, nor more 
        than the maximum sentence provided by law.  Any defendant 
        convicted of a second or subsequent offense in which the 
        defendant or an accomplice, at the time of the offense, used a 
        dangerous weapon other than a firearm, or had in possession a 
        firearm, shall be committed to the commissioner of corrections 
        for not less than three years nor more than the maximum sentence 
        provided by law.  
           Sec. 6.  Minnesota Statutes 1993 Supplement, section 
        609.11, subdivision 5, is amended to read: 
           Subd. 5.  [FIREARM.] Any defendant convicted of an offense 
        listed in subdivision 9 in which the defendant or an accomplice, 
        at the time of the offense, had in possession or used, whether 
        by brandishing, displaying, threatening with, or otherwise 
        employing, a firearm, shall be committed to the commissioner of 
        corrections for not less than three years, nor more than the 
        maximum sentence provided by law.  Any defendant convicted of a 
        second or subsequent offense in which the defendant or an 
        accomplice, at the time of the offense, had in possession or 
        used a firearm shall be committed to the commissioner of 
        corrections for not less than five years, nor more than the 
        maximum sentence provided by law.  
           Sec. 7.  Minnesota Statutes 1993 Supplement, section 
        609.11, subdivision 8, is amended to read: 
           Subd. 8.  [MOTION BY PROSECUTOR.] (a) Except as otherwise 
        provided in paragraph (b), prior to the time of sentencing, the 
        prosecutor may file a motion to have the defendant sentenced 
        without regard to the mandatory minimum sentences established by 
        this section.  The motion shall be accompanied by a statement on 
        the record of the reasons for it.  When presented with the 
        motion and if it finds substantial mitigating factors exist, or 
        on its own motion, the court shall may sentence the defendant 
        without regard to the mandatory minimum sentences established by 
        this section if the court finds substantial and compelling 
        reasons to do so.  A sentence imposed under this subdivision is 
        a departure from the sentencing guidelines. 
           (b) The court may not, on its own motion or the 
        prosecutor's motion, sentence a defendant without regard to the 
        mandatory minimum sentences established by this section if the 
        defendant previously has been convicted of an offense listed in 
        subdivision 9 in which the defendant used or possessed a firearm 
        or other dangerous weapon.  
           Sec. 8.  Minnesota Statutes 1993 Supplement, section 
        609.11, is amended by adding a subdivision to read: 
           Subd. 10.  [REPORT ON CRIMINAL CASES INVOLVING A 
        FIREARM.] Beginning on July 1, 1994, every county attorney shall 
        collect and maintain the following information on criminal 
        complaints and prosecutions within the county attorney's office 
        in which the defendant is alleged to have committed an offense 
        listed in subdivision 9 while possessing or using a firearm: 
           (1) whether the case was charged or dismissed; 
           (2) whether the defendant was convicted of the offense or a 
        lesser offense; and 
           (3) whether the mandatory minimum sentence required under 
        this section was imposed and executed or was waived by the 
        prosecutor or court. 
           No later than July 1 of each year, beginning on July 1, 
        1995, the county attorney shall forward this information to the 
        sentencing guidelines commission upon forms prescribed by the 
        commission. 
           Sec. 9.  Minnesota Statutes 1992, section 609.165, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [VIOLATION AND PENALTY.] (a) Any person who 
        ships, transports, possesses, or receives a firearm in violation 
        of subdivision 1a, commits a felony and may be sentenced to 
        imprisonment for not more than three years or to payment of a 
        fine of not more than $6,000, or both.  
           (b) Nothing in this section shall be construed to bar a 
        conviction and sentencing for a violation of section 624.713, 
        subdivision 1, clause (b). 
           Sec. 10.  Minnesota Statutes 1992, section 609.224, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person 
        is convicted of a violation of this section or section 609.221, 
        609.222, or 609.223, the court shall determine and make written 
        findings on the record as to whether: 
           (1) the assault was committed against a family or household 
        member, as defined in section 518B.01, subdivision 2; 
           (2) the defendant owns or possesses a firearm; and 
           (3) the firearm was used in any way during the commission 
        of the assault. 
           (b) If the court determines that the assault was of a 
        family or household member, and that the offender owns or 
        possesses a firearm and used it in any way during the commission 
        of the assault, it shall order the defendant to relinquish 
        possession of that the firearm and give it to the local law 
        enforcement agency.  Notwithstanding section 609.531, 
        subdivision 1, paragraph (f), clause (1), the court shall 
        determine whether the firearm shall be summarily forfeited under 
        section 609.5316, subdivision 3, or retained by the local law 
        enforcement agency for a period of three years.  If the owner 
        has not been convicted of any crime of violence as defined in 
        section 624.712, subdivision 5, or 609.224 against a family or 
        household member within that period, the law enforcement agency 
        shall return the firearm. 
           (c) When a person is convicted of assaulting a family or 
        household member and is determined by the court to have used a 
        firearm in any way during commission of the assault the court 
        may order that the person is prohibited from possessing any type 
        of firearm for any period longer than three years or for the 
        remainder of the person's life.  A person who violates this 
        firearm possession prohibition is guilty of a gross 
        misdemeanor.  At the time of the conviction, the court shall 
        inform the defendant whether and for how long the defendant is 
        prohibited from possessing a firearm and that it is a gross 
        misdemeanor to violate this prohibition.  The failure of the 
        court to provide this information to a defendant does not affect 
        the applicability of the firearm possession prohibition or the 
        gross misdemeanor penalty to that defendant. 
           (d) Except as otherwise provided in paragraph (c), when a 
        person is convicted of a violation of this section and the court 
        determines that the victim was a family or household member, the 
        court shall inform the defendant that the defendant is 
        prohibited from possessing a pistol for a period of three years 
        from the date of conviction and that it is a gross misdemeanor 
        offense to violate this prohibition.  The failure of the court 
        to provide this information to a defendant does not affect the 
        applicability of the pistol possession prohibition or the gross 
        misdemeanor penalty to that defendant. 
           (d) (e) Except as otherwise provided in paragraph (c), a 
        person is not entitled to possess a pistol if: 
           (1) the person has been convicted after August 1, 1992, of 
        assault in the fifth degree if the offense was committed within 
        three years of a previous conviction under sections 609.221 to 
        609.224; or 
           (2) the person has been convicted after August 1, 1992, of 
        assault in the fifth degree under section 609.224 and the 
        assault victim was a family or household member as defined in 
        section 518B.01, subdivision 2, unless three years have elapsed 
        from the date of conviction and, during that time, the person 
        has not been convicted of any other violation of section 
        609.224.  Property rights may not be abated but access may be 
        restricted by the courts.  A person who possesses a pistol in 
        violation of this subdivision paragraph is guilty of a gross 
        misdemeanor. 
           Sec. 11.  Minnesota Statutes 1993 Supplement, section 
        609.531, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
        609.531 to 609.5318, the following terms have the meanings given 
        them.  
           (a) "Conveyance device" means a device used for 
        transportation and includes, but is not limited to, a motor 
        vehicle, trailer, snowmobile, airplane, and vessel and any 
        equipment attached to it.  The term "conveyance device" does not 
        include property which is, in fact, itself stolen or taken in 
        violation of the law.  
           (b) "Weapon used" means a weapon used in the furtherance of 
        a crime and defined as a dangerous weapon as defined under 
        section 609.02, subdivision 6, that the actor used or had in 
        possession in furtherance of a crime.  
           (c) "Property" means property as defined in section 609.52, 
        subdivision 1, clause (1).  
           (d) "Contraband" means property which is illegal to possess 
        under Minnesota law.  
           (e) "Appropriate agency" means the bureau of criminal 
        apprehension, the Minnesota state patrol, a county sheriff's 
        department, the suburban Hennepin regional park district park 
        rangers, the department of natural resources division of 
        enforcement, the University of Minnesota police department, or a 
        city or airport police department.  
           (f) "Designated offense" includes:  
           (1) for weapons used:  any violation of this chapter, 
        chapter 152, or chapter 624; 
           (2) for all other purposes:  a felony violation of, or a 
        felony-level attempt or conspiracy to violate, section 325E.17; 
        325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
        609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
        609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
        1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
        (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
        and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
        609.52; 609.525; 609.53; 609.54; 609.551; 609.561; 609.562; 
        609.563; 609.582; 609.59; 609.595; 609.631; 609.66, subdivision 
        1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 
        609.825; 609.86; 609.88; 609.89; 609.893; 617.246; or a gross 
        misdemeanor or felony violation of section 609.891 or 624.7181; 
        or any violation of section 609.324.  
           (g) "Controlled substance" has the meaning given in section 
        152.01, subdivision 4. 
           Sec. 12.  Minnesota Statutes 1993 Supplement, section 
        609.5315, subdivision 1, is amended to read: 
           Subdivision 1.  [DISPOSITION.] If the court finds under 
        section 609.5313, 609.5314, or 609.5318 that the property is 
        subject to forfeiture, it shall order the appropriate agency to: 
           (1) destroy all weapons used, firearms, ammunition, and 
        firearm accessories that the agency decides not to use for law 
        enforcement purposes under clause (6), unless the agency 
        determines that there is good reason not to destroy a particular 
        item; 
           (2) sell property that is not required to be destroyed by 
        law and is not harmful to the public and distribute the proceeds 
        under subdivision 5; 
           (2) (3) take custody of the property and remove it for 
        disposition in accordance with law; 
           (3) (4) forward the property to the federal drug 
        enforcement administration; 
           (4) (5) disburse money as provided under subdivision 5; or 
           (5) (6) keep property other than money for official use by 
        the agency and the prosecuting agency. 
           Sec. 13.  Minnesota Statutes 1993 Supplement, section 
        609.5315, subdivision 2, is amended to read: 
           Subd. 2.  [DISPOSITION OF ADMINISTRATIVELY FORFEITED 
        PROPERTY.] If property is forfeited administratively under 
        section 609.5314 or 609.5318 and no demand for judicial 
        determination is made, the appropriate agency may dispose of the 
        property in any of the ways listed in subdivision 1, except that 
        the agency must destroy all forfeited weapons used, firearms, 
        ammunition, and firearm accessories that the agency decides not 
        to use for law enforcement purposes under subdivision 1, clause 
        (6). 
           Sec. 14.  Minnesota Statutes 1992, section 609.5315, 
        subdivision 6, is amended to read: 
           Subd. 6.  [REPORTING REQUIREMENT.] The appropriate agency 
        shall provide a written record of each forfeiture incident to 
        the state auditor.  The record shall include the amount 
        forfeited, date, and a brief description of the circumstances 
        involved.  The record shall also list the number of firearms 
        forfeited and the make, model, and serial number of each firearm 
        forfeited.  Reports shall be made on a monthly basis in a manner 
        prescribed by the state auditor.  The state auditor shall report 
        annually to the legislature on the nature and extent of 
        forfeitures. 
           Sec. 15.  Minnesota Statutes 1992, section 609.5315, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [FIREARMS.] The agency shall make best efforts 
        for a period of 90 days after the seizure of an abandoned or 
        stolen firearm to protect the firearm from harm and return it to 
        the lawful owner. 
           Sec. 16.  Minnesota Statutes 1992, section 609.5316, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONTRABAND.] Except as otherwise provided 
        in this subdivision, if the property is contraband, the property 
        must be summarily forfeited and either destroyed or used by the 
        appropriate agency for law enforcement purposes.  Upon summary 
        forfeiture, weapons used must be destroyed by the appropriate 
        agency unless the agency decides to use the weapons for law 
        enforcement purposes.  
           Sec. 17.  Minnesota Statutes 1992, section 609.5316, 
        subdivision 3, is amended to read: 
           Subd. 3.  [WEAPONS AND BULLET-RESISTANT VESTS.] Weapons 
        used are contraband and must be summarily forfeited to the 
        appropriate agency upon conviction of the weapon's owner or 
        possessor for a controlled substance crime or for any offense of 
        this chapter or chapter 624.  Bullet-resistant vests, as defined 
        in section 609.486, worn or possessed during the commission or 
        attempted commission of a crime are contraband and must be 
        summarily forfeited to the appropriate agency upon conviction of 
        the owner or possessor for a controlled substance crime or for 
        any offense of this chapter.  Notwithstanding this subdivision, 
        weapons used and bullet-resistant vests worn or possessed may be 
        forfeited without a conviction under sections 609.531 to 
        609.5315. 
           Sec. 18.  Minnesota Statutes 1992, section 609.66, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [FELONY; FURNISHING TO MINORS.] Whoever, in any 
        municipality of this state, furnishes a minor under 18 years of 
        age with a firearm, airgun, ammunition, or explosive without the 
        prior consent of the minor's parent or guardian or of the police 
        department of the municipality is guilty of a felony and may be 
        sentenced to imprisonment for not more than five ten years or to 
        payment of a fine of not more than $10,000 $20,000, or both.  
        Possession of written evidence of prior consent signed by the 
        minor's parent or guardian is a complete defense to a charge 
        under this subdivision. 
           Sec. 19.  Minnesota Statutes 1992, section 609.66, 
        subdivision 1c, is amended to read: 
           Subd. 1c.  [FELONY; FURNISHING A DANGEROUS WEAPON.] Whoever 
        recklessly furnishes a person with a dangerous weapon in 
        conscious disregard of a known substantial risk that the object 
        will be possessed or used in furtherance of a felony crime of 
        violence is guilty of a felony and may be sentenced to 
        imprisonment for not more than five ten years or to payment of a 
        fine of not more than $10,000 $20,000, or both. 
           Sec. 20.  Minnesota Statutes 1992, section 609.66, is 
        amended by adding a subdivision to read: 
           Subd. 1f.  [GROSS MISDEMEANOR; TRANSFERRING A FIREARM 
        WITHOUT BACKGROUND CHECK.] A person, other than a federally 
        licensed firearms dealer, who transfers a pistol or 
        semiautomatic military-style assault weapon to another without 
        complying with the transfer requirements of section 624.7132, is 
        guilty of a gross misdemeanor if the transferee possesses or 
        uses the weapon within one year after the transfer in 
        furtherance of a felony crime of violence, and if: 
           (1) the transferee was prohibited from possessing the 
        weapon under section 624.713 at the time of the transfer; or 
           (2) it was reasonably foreseeable at the time of the 
        transfer that the transferee was likely to use or possess the 
        weapon in furtherance of a felony crime of violence. 
           Sec. 21.  Minnesota Statutes 1992, section 609.66, is 
        amended by adding a subdivision to read: 
           Subd. 1g.  [FELONY; POSSESSION IN COURTHOUSE OR CERTAIN 
        STATE BUILDINGS.] (a) A person who commits either of the 
        following acts is guilty of a felony and may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both: 
           (1) possesses a dangerous weapon, ammunition, or explosives 
        within any courthouse complex; or 
           (2) possesses a dangerous weapon, ammunition, or explosives 
        in any state building within the capitol area described in 
        section 15.50, other than the National Guard Armory. 
           (b) Unless a person is otherwise prohibited or restricted 
        by other law to possess a dangerous weapon, this subdivision 
        does not apply to: 
           (1) licensed peace officers or military personnel who are 
        performing official duties; 
           (2) persons who carry pistols according to the terms of a 
        permit issued under section 624.714 and who so notify the 
        sheriff or the commissioner of public safety, as appropriate; 
           (3) persons who possess dangerous weapons for the purpose 
        of display as demonstrative evidence during testimony at a trial 
        or hearing or exhibition in compliance with advance notice and 
        safety guidelines set by the sheriff or the commissioner of 
        public safety; or 
           (4) persons who possess dangerous weapons in a courthouse 
        complex with the express consent of the county sheriff or who 
        possess dangerous weapons in a state building with the express 
        consent of the commissioner of public safety. 
           Sec. 22.  [609.667] [FIREARMS; REMOVAL OR ALTERATION OF 
        SERIAL NUMBER.] 
           Whoever commits any of the following acts may be sentenced 
        to imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both: 
           (1) obliterates, removes, changes, or alters the serial 
        number or other identification of a firearm; 
           (2) receives or possesses a firearm, the serial number or 
        other identification of which has been obliterated, removed, 
        changed, or altered; or 
           (3) receives or possesses a firearm that is not identified 
        by a serial number. 
           As used in this section, "serial number or other 
        identification" means the serial number and other information 
        required under United States Code, title 26, section 5842, for 
        the identification of firearms. 
           Sec. 23.  Minnesota Statutes 1992, section 609.713, 
        subdivision 3, is amended to read: 
           Subd. 3.  (a) Whoever displays, exhibits, brandishes, or 
        otherwise employs a replica firearm or a BB gun in a threatening 
        manner, may be sentenced to imprisonment for not more than one 
        year and one day or to payment of a fine of not more than 
        $3,000, or both, if, in doing so, the person either:  
           (1) causes or attempts to cause terror in another person; 
        or 
           (2) acts in reckless disregard of the risk of causing 
        terror in another person.  
           (b) For purposes of this subdivision,: 
           (1) "BB gun" means a device that fires or ejects a shot 
        measuring .18 of an inch or less in diameter; and 
           (2) "replica firearm" means a device or object that is not 
        defined as a dangerous weapon, and that is a facsimile or toy 
        version of, and reasonably appears to be a pistol, revolver, 
        shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, 
        or any other firearm.  The term replica firearm includes, but is 
        not limited to, devices or objects that are designed to fire 
        only blanks.  
           Sec. 24.  Minnesota Statutes 1993 Supplement, section 
        624.712, subdivision 5, is amended to read: 
           Subd. 5.  "Crime of violence" includes murder in the first, 
        second, and third degrees, manslaughter in the first and second 
        degrees, aiding suicide, aiding attempted suicide, felony 
        violations of assault in the first, second, third, and fourth 
        degrees, assaults motivated by bias under section 609.2231, 
        subdivision 4, terroristic threats, use of drugs to injure or to 
        facilitate crime, simple robbery, aggravated robbery, 
        kidnapping, false imprisonment, criminal sexual conduct in the 
        first, second, third, and fourth degrees, theft of a firearm, 
        arson in the first and second degrees, riot, burglary in the 
        first, second, third, and fourth degrees, reckless use of a gun 
        or dangerous weapon, intentionally pointing a gun at or towards 
        a human being, setting a spring gun, and unlawfully owning, 
        possessing, operating a machine gun or short-barreled shotgun, 
        and an attempt to commit any of these offenses, as each of those 
        offenses is defined in chapter 609.  "Crime of violence" also 
        includes felony violations of chapter 152. 
           Sec. 25.  Minnesota Statutes 1992, section 624.712, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [BUSINESS DAY.] "Business day" means a day on 
        which state offices are open for normal business and excludes 
        weekends and legal holidays. 
           Sec. 26.  Minnesota Statutes 1992, section 624.712, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM 
        EXCEEDING ONE YEAR.] "Crime punishable by imprisonment for a 
        term exceeding one year" does not include: 
           (1) any federal or state offense pertaining to antitrust 
        violations, unfair trade practices, restraints of trade, or 
        other similar offenses relating to the regulation of business 
        practices; or 
           (2) any state offense classified by the laws of this state 
        or any other state as a misdemeanor and punishable by a term of 
        imprisonment of two years or less. 
           What constitutes a conviction of a crime shall be 
        determined in accordance with the law of the jurisdiction in 
        which the proceedings were held.  Any conviction which has been 
        expunged, or set aside, or for which a person has been pardoned 
        or has had civil rights restored shall not be considered a 
        conviction for purposes of this definition, unless such pardon, 
        expungement, or restoration of civil rights expressly provides 
        that the person may not ship, transport, possess, or receive 
        firearms. 
           Sec. 27.  Minnesota Statutes 1993 Supplement, section 
        624.713, subdivision 1, is amended to read: 
           Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
        shall not be entitled to possess a pistol or semiautomatic 
        military-style assault weapon or, except for paragraph (a), any 
        other firearm: 
           (a) a person under the age of 18 years except that a person 
        under 18 may carry or possess a pistol or semiautomatic 
        military-style assault weapon (i) in the actual presence or 
        under the direct supervision of the person's parent or guardian, 
        (ii) for the purpose of military drill under the auspices of a 
        legally recognized military organization and under competent 
        supervision, (iii) for the purpose of instruction, competition, 
        or target practice on a firing range approved by the chief of 
        police or county sheriff in whose jurisdiction the range is 
        located and under direct supervision; or (iv) if the person has 
        successfully completed a course designed to teach marksmanship 
        and safety with a pistol or semiautomatic military-style assault 
        weapon and approved by the commissioner of natural resources; 
           (b) except as otherwise provided in clause (i), a person 
        who has been convicted in this state or elsewhere of a crime of 
        violence unless ten years have elapsed since the person has been 
        restored to civil rights or the sentence has expired, whichever 
        occurs first, and during that time the person has not been 
        convicted of any other crime of violence.  For purposes of this 
        section, crime of violence includes crimes in other states or 
        jurisdictions which would have been crimes of violence as herein 
        defined if they had been committed in this state; 
           (c) a person who is or has ever been confined or committed 
        in Minnesota or elsewhere as a "mentally ill," "mentally 
        retarded," or "mentally ill and dangerous to the public" person 
        as defined in section 253B.02, to a treatment facility, or who 
        has ever been found incompetent to stand trial or not guilty by 
        reason of mental illness, unless the person possesses a 
        certificate of a medical doctor or psychiatrist licensed in 
        Minnesota, or other satisfactory proof that the person is no 
        longer suffering from this disability; 
           (d) a person who has been convicted in Minnesota or 
        elsewhere of a misdemeanor or gross misdemeanor violation of 
        chapter 152, or a person who is or has ever been hospitalized or 
        committed for treatment for the habitual use of a controlled 
        substance or marijuana, as defined in sections 152.01 and 
        152.02, unless the person possesses a certificate of a medical 
        doctor or psychiatrist licensed in Minnesota, or other 
        satisfactory proof, that the person has not abused a controlled 
        substance or marijuana during the previous two years; 
           (e) a person who has been confined or committed to a 
        treatment facility in Minnesota or elsewhere as "chemically 
        dependent" as defined in section 253B.02, unless the person has 
        completed treatment.  Property rights may not be abated but 
        access may be restricted by the courts; 
           (f) a peace officer who is informally admitted to a 
        treatment facility pursuant to section 253B.04 for chemical 
        dependency, unless the officer possesses a certificate from the 
        head of the treatment facility discharging or provisionally 
        discharging the officer from the treatment facility.  Property 
        rights may not be abated but access may be restricted by the 
        courts; 
           (g) a person who has been charged with committing a crime 
        of violence and has been placed in a pretrial diversion program 
        by the court before disposition, until the person has completed 
        the diversion program and the charge of committing the crime of 
        violence has been dismissed; or 
           (h) except as otherwise provided in clause (i), a person 
        who has been convicted in another state of committing an offense 
        similar to the offense described in section 609.224, subdivision 
        3, against a family or household member, unless three years have 
        elapsed since the date of conviction and, during that time, the 
        person has not been convicted of any other violation of section 
        609.224, subdivision 3, or a similar law of another state; 
           (i) a person who has been convicted in this state or 
        elsewhere of assaulting a family or household member and who was 
        found by the court to have used a firearm in any way during 
        commission of the assault is prohibited from possessing any type 
        of firearm for the period determined by the sentencing court; or 
           (j) a person who: 
           (1) has been convicted in any court of a crime punishable 
        by imprisonment for a term exceeding one year; 
           (2) is a fugitive from justice as a result of having fled 
        from any state to avoid prosecution for a crime or to avoid 
        giving testimony in any criminal proceeding; 
           (3) is an unlawful user of any controlled substance as 
        defined in chapter 152; 
           (4) has been judicially committed to a treatment facility 
        in Minnesota or elsewhere as a "mentally ill," "mentally 
        retarded," or "mentally ill and dangerous to the public" person 
        as defined in section 253B.02; 
           (5) is an alien who is illegally or unlawfully in the 
        United States; 
           (6) has been discharged from the armed forces of the United 
        States under dishonorable conditions; or 
           (7) has renounced the person's citizenship having been a 
        citizen of the United States. 
           A person who issues a certificate pursuant to this 
        subdivision in good faith is not liable for damages resulting or 
        arising from the actions or misconduct with a firearm committed 
        by the individual who is the subject of the certificate. 
           The prohibition in this subdivision relating to the 
        possession of firearms other than pistols and semiautomatic 
        military-style assault weapons does not apply retroactively to 
        persons who are prohibited from possessing a pistol or 
        semiautomatic military-style assault weapon under this 
        subdivision before August 1, 1994. 
           Sec. 28.  Minnesota Statutes 1993 Supplement, section 
        624.713, is amended by adding a subdivision to read: 
           Subd. 1a.  [INELIGIBLE TO RECEIVE, SHIP, TRANSPORT.] A 
        person presently charged with a crime punishable by imprisonment 
        for a term exceeding one year shall not be entitled to receive, 
        ship, or transport any pistol or semiautomatic military-style 
        assault weapon.  A violation of this subdivision is a gross 
        misdemeanor. 
           Sec. 29.  Minnesota Statutes 1993 Supplement, section 
        624.7131, subdivision 1, is amended to read: 
           Subdivision 1.  [INFORMATION.] Any person may apply for a 
        transferee permit by providing the following information in 
        writing to the chief of police of an organized full time police 
        department of the municipality in which the person resides or to 
        the county sheriff if there is no such local chief of police: 
           (a) the name, residence, telephone number and driver's 
        license number or nonqualification certificate number, if any, 
        of the proposed transferee; 
           (b) the sex, date of birth, height, weight and color of 
        eyes, and distinguishing physical characteristics, if any, of 
        the proposed transferee; and 
           (c) a statement that the proposed transferee authorizes the 
        release to the local police authority of commitment information 
        about the proposed transferee maintained by the commissioner of 
        human services, to the extent that the information relates to 
        the proposed transferee's eligibility to possess a pistol or 
        semiautomatic military-style assault weapon under section 
        624.713, subdivision 1; and 
           (d) a statement by the proposed transferee that the 
        proposed transferee is not prohibited by section 624.713 from 
        possessing a pistol or semiautomatic military-style assault 
        weapon. 
           The statement statements shall be signed and dated by the 
        person applying for a permit.  At the time of application, the 
        local police authority shall provide the applicant with a dated 
        receipt for the application.  The statement under clause (c) 
        must comply with any applicable requirements of Code of Federal 
        Regulations, title 42, sections 2.31 to 2.35, with respect to 
        consent to disclosure of alcohol or drug abuse patient records. 
           Sec. 30.  Minnesota Statutes 1992, section 624.7131, 
        subdivision 2, is amended to read: 
           Subd. 2.  [INVESTIGATION.] The chief of police or sheriff 
        shall check criminal histories, records and warrant information 
        relating to the applicant through the Minnesota crime 
        information system and the national criminal record repository 
        and shall make a reasonable effort to check other available 
        state and local record keeping systems.  The chief of police or 
        sheriff shall obtain commitment information from the 
        commissioner of human services as provided in section 245.041. 
           Sec. 31.  Minnesota Statutes 1993 Supplement, section 
        624.7131, subdivision 10, is amended to read: 
           Subd. 10.  [TRANSFER REPORT NOT REQUIRED.] A person who 
        transfers a pistol or semiautomatic military-style assault 
        weapon to a licensed peace officer, as defined in section 
        626.84, subdivision 1, exhibiting a valid peace officer 
        identification, or to a person exhibiting a valid transferee 
        permit issued pursuant to this section or a valid permit to 
        carry issued pursuant to section 624.714 is not required to file 
        a transfer report pursuant to section 624.7132, subdivision 1. 
           Sec. 32. Minnesota Statutes 1993 Supplement, section 
        624.7132, subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIRED INFORMATION.] Except as provided 
        in this section and section 624.7131, every person who agrees to 
        transfer a pistol or semiautomatic military-style assault weapon 
        shall report the following information in writing to the chief 
        of police of the organized full-time police department of the 
        municipality where the agreement is made proposed transferee 
        resides or to the appropriate county sheriff if there is no such 
        local chief of police: 
           (a) the name, residence, telephone number and driver's 
        license number or nonqualification certificate number, if any, 
        of the proposed transferee; 
           (b) the sex, date of birth, height, weight and color of 
        eyes, and distinguishing physical characteristics, if any, of 
        the proposed transferee; 
           (c) a statement that the proposed transferee authorizes the 
        release to the local police authority of commitment information 
        about the proposed transferee maintained by the commissioner of 
        human services, to the extent that the information relates to 
        the proposed transferee's eligibility to possess a pistol or 
        semiautomatic military-style assault weapon under section 
        624.713, subdivision 1; 
           (d) a statement by the proposed transferee that the 
        transferee is not prohibited by section 624.713 from possessing 
        a pistol or semiautomatic military-style assault weapon; and 
           (d) (e) the address of the place of business of the 
        transferor. 
           The report shall be signed and dated by the transferor and 
        the proposed transferee.  The report shall be delivered by the 
        transferor to the chief of police or sheriff no later than three 
        days after the date of the agreement to transfer, excluding 
        weekends and legal holidays.  The statement under clause (c) 
        must comply with any applicable requirements of Code of Federal 
        Regulations, title 42, sections 2.31 to 2.35, with respect to 
        consent to disclosure of alcohol or drug abuse patient records. 
           Sec. 33.  Minnesota Statutes 1993 Supplement, section 
        624.7132, subdivision 2, is amended to read: 
           Subd. 2.  [INVESTIGATION.] Upon receipt of a transfer 
        report, the chief of police or sheriff shall check criminal 
        histories, records and warrant information relating to the 
        proposed transferee through the Minnesota crime information 
        system and the national criminal record repository and shall 
        make a reasonable effort to check other available state and 
        local record keeping systems.  The chief of police or sheriff 
        shall obtain commitment information from the commissioner of 
        human services as provided in section 245.041. 
           Sec. 34.  Minnesota Statutes 1993 Supplement, section 
        624.7132, subdivision 4, is amended to read: 
           Subd. 4.  [DELIVERY.] Except as otherwise provided in 
        subdivision 7 or 8, no person shall deliver a pistol or 
        semiautomatic military-style assault weapon to a proposed 
        transferee until seven five business days after the date of the 
        agreement to transfer as stated on the report is delivered to a 
        chief of police or sheriff in accordance with subdivision 1 
        unless the chief of police or sheriff waives all or a portion of 
        the seven day waiting period.  The chief of police or sheriff 
        may waive all or a portion of the five business day waiting 
        period in writing if the chief of police or sheriff finds that 
        the transferee requires access to a pistol or semiautomatic 
        military-style assault weapon because of a threat to the life of 
        the transferee or of any member of the household of the 
        transferee. 
           No person shall deliver a pistol or semiautomatic 
        military-style assault weapon to a proposed transferee after 
        receiving a written notification that the chief of police or 
        sheriff has determined that the proposed transferee is 
        prohibited by section 624.713 from possessing a pistol or 
        semiautomatic military-style assault weapon. 
           If the transferor makes a report of transfer and receives 
        no written notification of disqualification of the proposed 
        transferee within seven five business days of the date after 
        delivery of the agreement to transfer, the pistol or 
        semiautomatic military-style assault weapon may be delivered to 
        the transferee. 
           Sec. 35.  Minnesota Statutes 1993 Supplement, section 
        624.7132, subdivision 8, is amended to read: 
           Subd. 8.  [REPORT NOT REQUIRED.] (1) If the proposed 
        transferee presents a valid transferee permit issued under 
        section 624.7131 or a valid permit to carry issued under section 
        624.714, or if the transferee is a licensed peace officer, as 
        defined in section 626.84, subdivision 1, who presents a valid 
        peace officer photo identification and badge, the transferor 
        need not file a transfer report. 
           (2) If the transferor makes a report of transfer and 
        receives no written notification of disqualification of the 
        proposed transferee within seven days of the date of the 
        agreement to transfer, no report or investigation shall be 
        required under this section for any additional transfers between 
        that transferor and that transferee which are made within 30 
        days of the date on which delivery of the first pistol or 
        semiautomatic military-style assault weapon may be made under 
        subdivision 4. 
           Sec. 36.  Minnesota Statutes 1993 Supplement, section 
        624.7132, subdivision 12, is amended to read: 
           Subd. 12.  [EXCLUSIONS.] Except as otherwise provided in 
        section 609.66, subdivision 1f, this section shall not apply to 
        transfers of antique firearms as curiosities or for their 
        historical significance or value, transfers to or between 
        federally licensed firearms dealers, transfers by order of 
        court, involuntary transfers, transfers at death or the 
        following transfers: 
           (a) a transfer by a person other than a federally licensed 
        firearms dealer; 
           (b) a loan to a prospective transferee if the loan is 
        intended for a period of no more than one day; 
           (c) the delivery of a pistol or semiautomatic 
        military-style assault weapon to a person for the purpose of 
        repair, reconditioning or remodeling; 
           (d) a loan by a teacher to a student in a course designed 
        to teach marksmanship or safety with a pistol and approved by 
        the commissioner of natural resources; 
           (e) a loan between persons at a firearms collectors 
        exhibition; 
           (f) a loan between persons lawfully engaged in hunting or 
        target shooting if the loan is intended for a period of no more 
        than 12 hours; 
           (g) a loan between law enforcement officers who have the 
        power to make arrests other than citizen arrests; and 
           (h) a loan between employees or between the employer and an 
        employee in a business if the employee is required to carry a 
        pistol or semiautomatic military-style assault weapon by reason 
        of employment and is the holder of a valid permit to carry a 
        pistol.  
           Sec. 37.  Minnesota Statutes 1993 Supplement, section 
        624.7132, subdivision 14, is amended to read: 
           Subd. 14.  [TRANSFER TO UNKNOWN PARTY.] (a) No person shall 
        transfer a pistol or semiautomatic military-style assault weapon 
        to another who is not personally known to the transferor unless 
        the proposed transferee presents evidence of identity to the 
        transferor.  A person who transfers a pistol or semiautomatic 
        military-style assault weapon in violation of this clause is 
        guilty of a misdemeanor. 
           (b) No person who is not personally known to the transferor 
        shall become a transferee of a pistol or semiautomatic 
        military-style assault weapon unless the person presents 
        evidence of identity to the transferor. 
           (c) The evidence of identity shall contain the name, 
        residence address, date of birth, and photograph of the proposed 
        transferee; must be made or issued by or under the authority of 
        the United States government, a state, a political subdivision 
        of a state, a foreign government, a political subdivision of a 
        foreign government, an international governmental or an 
        international quasi-governmental organization; and must be of a 
        type commonly accepted for the purpose of identification of 
        individuals. 
           (d) A person who becomes a transferee of a pistol or 
        semiautomatic military-style assault weapon in violation of this 
        clause subdivision is guilty of a misdemeanor. 
           Sec. 38.  Minnesota Statutes 1992, section 624.714, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTENTS.] Applications for permits to carry 
        shall set forth in writing the following information: 
           (1) the name, residence, telephone number, and driver's 
        license number or nonqualification certificate number, if any, 
        of the applicant; 
           (2) the sex, date of birth, height, weight, and color of 
        eyes and hair, and distinguishing physical characteristics, if 
        any, of the applicant; 
           (3) a statement that the applicant authorizes the release 
        to the local police authority of commitment information about 
        the applicant maintained by the commissioner of human services, 
        to the extent that the information relates to the applicant's 
        eligibility to possess a pistol or semiautomatic military-style 
        assault weapon under section 624.713, subdivision 1; 
           (4) a statement by the applicant that the applicant is not 
        prohibited by section 624.713 from possessing a pistol or 
        semiautomatic military-style assault weapon; and 
           (4) (5) a recent color photograph of the applicant. 
        The application shall be signed and dated by the applicant.  The 
        statement under clause (3) must comply with any applicable 
        requirements of Code of Federal Regulations, title 42, sections 
        2.31 to 2.35, with respect to consent to disclosure of alcohol 
        or drug abuse patient records. 
           Sec. 39.  Minnesota Statutes 1992, section 624.714, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INVESTIGATION.] The application authority shall 
        check criminal records, histories, and warrant information on 
        each applicant through the Minnesota Crime Information System. 
        The chief of police or sheriff shall obtain commitment 
        information from the commissioner of human services as provided 
        in section 245.041. 
           Sec. 40.  Minnesota Statutes 1992, section 624.714, 
        subdivision 6, is amended to read: 
           Subd. 6.  [FAILURE TO GRANT PERMITS.] Failure of the chief 
        police officer or the county sheriff to deny the application or 
        issue a permit to carry a pistol within 21 days of the date of 
        application shall be deemed to be a grant thereof.  The local 
        police authority shall provide an applicant with written 
        notification of a denial and the specific reason for the 
        denial.  The permits and their renewal shall be granted free of 
        charge.  A chief of police or a sheriff may charge a fee to 
        cover the cost of conducting a background check, not to exceed 
        $10.  The permit shall specify the activities for which it shall 
        be valid. 
           Sec. 41.  [624.7141] [TRANSFER TO INELIGIBLE PERSON.] 
           Subdivision 1.  [TRANSFER PROHIBITED.] A person is guilty 
        of a gross misdemeanor who intentionally transfers a pistol or 
        semiautomatic military-style assault weapon to another if the 
        person knows that the transferee: 
           (1) has been denied a permit to carry under section 624.714 
        because the transferee is not eligible under section 624.713 to 
        possess a pistol or semiautomatic military-style assault weapon; 
           (2) has been found ineligible to possess a pistol or 
        semiautomatic military-style assault weapon by a chief of police 
        or sheriff as a result of an application for a transferee permit 
        or a transfer report; or 
           (3) is disqualified under section 624.713 from possessing a 
        pistol or semiautomatic military-style assault weapon. 
           Subd. 2.  [FELONY.] A violation of this section is a felony 
        if the transferee possesses or uses the weapon within one year 
        after the transfer in furtherance of a felony crime of violence. 
           Subd. 3.  [SUBSEQUENT ELIGIBILITY.] This section is not 
        applicable to a transfer to a person who became eligible to 
        possess a pistol or semiautomatic military-style assault weapon 
        under section 624.713 after the transfer occurred but before the 
        transferee used or possessed the weapon in furtherance of any 
        crime. 
           Sec. 42.  Minnesota Statutes 1993 Supplement, section 
        624.7181, is amended to read: 
           624.7181 [RIFLES AND SHOTGUNS IN PUBLIC PLACES.] 
           Subdivision 1.  [DEFINITIONS.] For purposes of this 
        section, the following terms have the meanings given them. 
           (a) "BB gun" means a device that fires or ejects a shot 
        measuring .18 of an inch or less in diameter. 
           (b) "Carry" does not include: 
           (1) the carrying of a BB gun, rifle, or shotgun to, from, 
        or at a place where firearms are repaired, bought, sold, traded, 
        or displayed, or where hunting, target shooting, or other lawful 
        activity involving firearms occurs, or at funerals, parades, or 
        other lawful ceremonies; 
           (2) the carrying by a person of a BB gun, rifle, or shotgun 
        that is unloaded and in a gun case expressly made to contain a 
        firearm, if the case fully encloses the firearm by being zipped, 
        snapped, buckled, tied, or otherwise fastened, and no portion of 
        the firearm is exposed; 
           (3) the carrying of a BB gun, rifle, or shotgun by a person 
        who has a permit under section 624.714; 
           (4) the carrying of an antique firearm as a curiosity or 
        for its historical significance or value; or 
           (5) the transporting of a BB gun, rifle, or shotgun in 
        compliance with section 97B.045. 
           (b) (c) "Public place" means property owned, leased, or 
        controlled by a governmental unit and private property that is 
        regularly and frequently open to or made available for use by 
        the public in sufficient numbers to give clear notice of the 
        property's current dedication to public use but does not include:
        a person's dwelling house or premises, the place of business 
        owned or managed by the person, or land possessed by the person; 
        a gun show, gun shop, or hunting or target shooting facility; or 
        the woods, fields, or waters of this state where the person is 
        present lawfully for the purpose of hunting or target shooting 
        or other lawful activity involving firearms. 
           Subd. 2.  [GROSS MISDEMEANOR.] Whoever carries a BB gun, 
        rifle, or shotgun on or about the person in a public place is 
        guilty of a gross misdemeanor. 
           Subd. 3.  [EXCEPTIONS.] This section does not apply to 
        officers, employees, or agents of law enforcement agencies or 
        the armed forces of this state or the United States, or private 
        detectives or protective agents, to the extent that these 
        persons are authorized by law to carry firearms and are acting 
        in the scope of their official duties. 
           Sec. 43.  [629.715] [RELEASE IN CASES INVOLVING CRIMES 
        AGAINST PERSONS.] 
           Subdivision 1.  [JUDICIAL REVIEW; RELEASE; SURRENDER OF 
        FIREARMS.] (a) When a person is arrested for a crime against the 
        person, the judge before whom the arrested person is taken shall 
        review the facts surrounding the arrest and detention.  The 
        arrested person must be ordered released pending trial or 
        hearing on the person's personal recognizance or on an order to 
        appear or upon the execution of an unsecured bond in a specified 
        amount unless the judge determines that release (1) will be 
        inimical to public safety, (2) will create a threat of bodily 
        harm to the arrested person, the victim of the alleged crime, or 
        another, or (3) will not reasonably assure the appearance of the 
        arrested person at subsequent proceedings.  
           (b) If the judge determines release under paragraph (a) is 
        not advisable, the judge may impose any conditions of release 
        that will reasonably assure the appearance of the person for 
        subsequent proceedings, or will protect the victim of the 
        alleged crime, or may fix the amount of money bail without other 
        conditions upon which the arrested person may obtain release.  
           Subd. 2.  [SURRENDER OF FIREARMS.] The judge may order as a 
        condition of release that the person surrender to the local law 
        enforcement agency all firearms, destructive devices, or 
        dangerous weapons owned or possessed by the person, and may not 
        live in a residence where others possess firearms.  Any firearm, 
        destructive device, or dangerous weapon surrendered under this 
        subdivision shall be inventoried and retained, with due care to 
        preserve its quality and function, by the local law enforcement 
        agency, and must be returned to the person upon the person's 
        acquittal, when charges are dismissed, or if no charges are 
        filed.  If the person is convicted, the firearm must be returned 
        when the court orders the return or when the person is 
        discharged from probation and restored to civil rights.  If the 
        person is convicted of a designated offense as defined in 
        section 609.531, the firearm is subject to forfeiture as 
        provided under that section.  This condition may be imposed in 
        addition to any other condition authorized by rule 6.02 of the 
        rules of criminal procedure. 
           Subd. 3.  [WRITTEN ORDER.] If conditions of release are 
        imposed, the judge shall issue a written order for conditional 
        release.  The court administrator shall immediately distribute a 
        copy of the order for conditional release to the agency having 
        custody of the arrested person and shall provide the agency 
        having custody of the arrested person with any available 
        information on the location of the victim in a manner that 
        protects the victim's safety.  Either the court or its designee 
        or the agency having custody of the arrested person shall serve 
        upon the defendant a copy of the order.  Failure to serve the 
        arrested person with a copy of the order for conditional release 
        does not invalidate the conditions of release. 
           Subd. 4.  [NO CONTACT ORDER.] If the judge imposes as a 
        condition of release a requirement that the person have no 
        contact with the victim of the alleged crime, the judge may 
        also, on its own motion or that of the prosecutor or on request 
        of the victim, issue an ex parte temporary restraining order 
        under section 609.748, subdivision 4, or an ex parte temporary 
        order for protection under section 518B.01, subdivision 7.  
        Notwithstanding section 518B.01, subdivision 7, paragraph (b), 
        or 609.748, subdivision 4, paragraph (c), the temporary order is 
        effective until the defendant is convicted or acquitted, or the 
        charge is dismissed, provided that upon request the defendant is 
        entitled to a full hearing on the restraining order under 
        section 609.748, subdivision 5, or on the order for protection 
        under section 518B.01.  The hearing must be held within seven 
        days of the defendant's request. 
           Sec. 44.  [4A.06] [FIREARMS REPORT REQUIRED.] 
           The criminal justice statistical analysis center of the 
        office of strategic and long-range planning shall report to the 
        legislature no later than January 31 of each year on the number 
        of persons arrested, charged, convicted, and sentenced for 
        violations of each state law affecting the use or possession of 
        firearms.  The report must include complete statistics, 
        including the make, model, and serial number of each firearm 
        involved, where that information is available, on each crime 
        committed affecting the use or possession of firearms and a 
        breakdown by county of the crimes committed.  
           Sec. 45.  [SENTENCING GUIDELINES MODIFICATION.] 
           The sentencing guidelines commission shall consider 
        increasing the severity level ranking of the crime of theft of a 
        firearm.  If the commission modifies the ranking, the commission 
        shall apply the modification to crimes committed on or after 
        August 1, 1994. 
           Sec. 46.  [REPEALER.] 
           Minnesota Statutes 1993 Supplement, section 624.7132, 
        subdivision 7, is repealed. 
           Sec. 47.  [EFFECTIVE DATE.] 
           Sections 1, 4, 8, 44, and 45 are effective July 1, 1994.  
        Sections 2, 3, 5 to 7, 9 to 11, 17 to 43, and 46 are effective 
        August 1, 1994, and apply to crimes committed on or after that 
        date.  Sections 12 to 16 are effective August 1, 1994, and apply 
        to seizures occurring on or after that date. 
                                   ARTICLE 4
                                LAW ENFORCEMENT
           Section 1.  Minnesota Statutes 1992, section 13.32, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [USES OF DATA.] School officials who receive data 
        on juveniles, as authorized under section 260.161, may use and 
        share that data within the school district or educational entity 
        as necessary to protect persons and property or to address the 
        educational and other needs of students. 
           Sec. 2.  Minnesota Statutes 1993 Supplement, section 13.46, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
        a statute specifically provides a different classification, data 
        on individuals collected, maintained, used, or disseminated by 
        the welfare system is private data on individuals, and shall not 
        be disclosed except:  
           (1) pursuant to section 13.05; 
           (2) pursuant to court order; 
           (3) pursuant to a statute specifically authorizing access 
        to the private data; 
           (4) to an agent of the welfare system, including a law 
        enforcement person, attorney, or investigator acting for it in 
        the investigation or prosecution of a criminal or civil 
        proceeding relating to the administration of a program; 
           (5) to personnel of the welfare system who require the data 
        to determine eligibility, amount of assistance, and the need to 
        provide services of additional programs to the individual; 
           (6) to administer federal funds or programs; 
           (7) between personnel of the welfare system working in the 
        same program; 
           (8) the amounts of cash public assistance and relief paid 
        to welfare recipients in this state, including their names and 
        social security numbers, upon request by the department of 
        revenue to administer the property tax refund law, supplemental 
        housing allowance, and the income tax; 
           (9) to the Minnesota department of jobs and training for 
        the purpose of monitoring the eligibility of the data subject 
        for unemployment compensation, for any employment or training 
        program administered, supervised, or certified by that agency, 
        or for the purpose of administering any rehabilitation program, 
        whether alone or in conjunction with the welfare system, and to 
        verify receipt of energy assistance for the telephone assistance 
        plan; 
           (10) to appropriate parties in connection with an emergency 
        if knowledge of the information is necessary to protect the 
        health or safety of the individual or other individuals or 
        persons; 
           (11) data maintained by residential facilities as defined 
        in section 245A.02 may be disclosed to the protection and 
        advocacy system established in this state pursuant to Part C of 
        Public Law Number 98-527 to protect the legal and human rights 
        of persons with mental retardation or other related conditions 
        who live in residential facilities for these persons if the 
        protection and advocacy system receives a complaint by or on 
        behalf of that person and the person does not have a legal 
        guardian or the state or a designee of the state is the legal 
        guardian of the person; 
           (12) to the county medical examiner or the county coroner 
        for identifying or locating relatives or friends of a deceased 
        person; 
           (13) data on a child support obligor who makes payments to 
        the public agency may be disclosed to the higher education 
        coordinating board to the extent necessary to determine 
        eligibility under section 136A.121, subdivision 2, clause (5); 
           (14) participant social security numbers and names 
        collected by the telephone assistance program may be disclosed 
        to the department of revenue to conduct an electronic data match 
        with the property tax refund database to determine eligibility 
        under section 237.70, subdivision 4a; 
           (15) the current address of a recipient of aid to families 
        with dependent children, medical assistance, general assistance, 
        work readiness, or general assistance medical care may be 
        disclosed to law enforcement officers who provide the name and 
        social security number of the recipient and satisfactorily 
        demonstrate that:  (i) the recipient is a fugitive felon, 
        including the grounds for this determination; (ii) the location 
        or apprehension of the felon is within the law enforcement 
        officer's official duties; and (iii) the request is made in 
        writing and in the proper exercise of those duties; or 
           (16) the current address of a recipient of general 
        assistance, work readiness, or general assistance medical care 
        may be disclosed to probation officers and corrections agents 
        who are supervising the recipient, and to law enforcement 
        officers who are investigating the recipient in connection with 
        a felony level offense; or 
           (17) information obtained from food stamp applicant or 
        recipient households may be disclosed to local, state, or 
        federal law enforcement officials, upon their written request, 
        for the purpose of investigating an alleged violation of the 
        food stamp act, in accordance with Code of Federal Regulations, 
        title 7, section 272.1(c). 
           (b) Information on persons who have been treated for drug 
        or alcohol abuse may only be disclosed in accordance with the 
        requirements of Code of Federal Regulations, title 42, sections 
        2.1 to 2.67. 
           (c) Data provided to law enforcement agencies under 
        paragraph (a), clause (15) or, (16);, or (17), or 
        paragraph (b) are investigative data and are confidential or 
        protected nonpublic while the investigation is active.  The data 
        are private after the investigation becomes inactive under 
        section 13.82, subdivision 5, paragraph (a) or (b). 
           (d) Mental health data shall be treated as provided in 
        subdivisions 7, 8, and 9, but is not subject to the access 
        provisions of subdivision 10, paragraph (b). 
           Sec. 3.  Minnesota Statutes 1993 Supplement, section 13.82, 
        subdivision 10, is amended to read: 
           Subd. 10.  [PROTECTION OF IDENTITIES.] A law enforcement 
        agency or a law enforcement dispatching agency working under 
        direction of a law enforcement agency may withhold public access 
        to data on individuals to protect the identity of individuals in 
        the following circumstances: 
           (a) when access to the data would reveal the identity of an 
        undercover law enforcement officer; 
           (b) when access to the data would reveal the identity of a 
        victim of criminal sexual conduct or of a violation of section 
        617.246, subdivision 2; 
           (c) when access to the data would reveal the identity of a 
        paid or unpaid informant being used by the agency if the agency 
        reasonably determines that revealing the identity of the 
        informant would threaten the personal safety of the informant; 
           (d) when access to the data would reveal the identity of a 
        victim of or witness to a crime if the victim or witness 
        specifically requests not to be identified publicly, and the 
        agency reasonably determines that revealing the identity of the 
        victim or witness would threaten the personal safety or property 
        of the individual; 
           (e) when access to the data would reveal the identity of a 
        deceased person whose body was unlawfully removed from a 
        cemetery in which it was interred; or 
           (f) when access to the data would reveal the identity of a 
        person who placed a call to a 911 system or the identity or 
        telephone number of a service subscriber whose phone is used to 
        place a call to the 911 system and:  (1) the agency determines 
        that revealing the identity may threaten the personal safety or 
        property of any person; or (2) the object of the call is to 
        receive help in a mental health emergency.  For the purposes of 
        this paragraph, a voice recording of a call placed to the 911 
        system is deemed to reveal the identity of the caller; or 
           (g) when access to the data would reveal the identity of a 
        juvenile witness and the agency reasonably determines that the 
        subject matter of the investigation justifies protecting the 
        identity of the witness.  
           Data concerning individuals whose identities are protected 
        by this subdivision are private data about those individuals.  
        Law enforcement agencies shall establish procedures to acquire 
        the data and make the decisions necessary to protect the 
        identity of individuals described in clause clauses (d) and (g). 
           Sec. 4.  Minnesota Statutes 1992, section 13.99, 
        subdivision 79, is amended to read: 
           Subd. 79.  [PEACE OFFICERS, COURT SERVICES, AND CORRECTIONS 
        RECORDS OF JUVENILES.] Inspection and maintenance of juvenile 
        records held by police and the commissioner of corrections are 
        governed by section 260.161, subdivision 3.  Disclosure to 
        school officials of court services data on juveniles adjudicated 
        delinquent is governed by section 260.161, subdivision 1b. 
           Sec. 5.  Minnesota Statutes 1993 Supplement, section 
        243.166, subdivision 1, is amended to read: 
           Subdivision 1.  [REGISTRATION REQUIRED.] A person shall 
        register under this section if:  
           (1) the person was charged with or petitioned for a felony 
        violation of or attempt to violate any of the following, and 
        convicted of or adjudicated delinquent for that offense or of 
        another offense arising out of the same set of circumstances: 
           (i) murder under section 609.185, clause (2); 
           (ii) kidnapping under section 609.25, involving a minor 
        victim; or 
           (iii) criminal sexual conduct under section 609.342, 
        subdivision 1, paragraph (a), (b), (c), (d), (e), or (f); 
        609.343, subdivision 1, paragraph (a), (b), (c), (d), (e), or 
        (f); 609.344, subdivision 1, paragraph (c), or (d); or 609.345, 
        subdivision 1, paragraph (c), or (d); or 
           (2) the person was convicted of a predatory crime as 
        defined in section 609.1352, and the offender was sentenced as a 
        patterned sex offender or the court found on its own motion or 
        that of the prosecutor that the crime was part of a predatory 
        pattern of behavior that had criminal sexual conduct as its goal.
           Sec. 6.  Minnesota Statutes 1993 Supplement, section 
        243.166, subdivision 2, is amended to read: 
           Subd. 2.  [NOTICE.] When a person who is required to 
        register under this section is sentenced, the court shall tell 
        the person of the duty to register under this section.  The 
        court shall require the person to read and sign a form stating 
        that the duty of the person to register under this section has 
        been explained.  If a person required to register under this 
        section was not notified by the court of the registration 
        requirement at the time of sentencing, the assigned corrections 
        agent shall notify the person of the requirements of this 
        section. 
           Sec. 7.  Minnesota Statutes 1992, section 243.166, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CRIMINAL PENALTY.] A person required to register 
        under this section who violates any of its provisions or 
        intentionally provides false information to a corrections agent 
        is guilty of a gross misdemeanor.  A violation of this section 
        may be prosecuted either where the person resides or where the 
        person was last assigned to a Minnesota corrections agent. 
           Sec. 8.  Minnesota Statutes 1993 Supplement, section 
        243.166, subdivision 9, is amended to read: 
           Subd. 9.  [PRISONERS OFFENDERS FROM OTHER STATES.] When the 
        state accepts a prisoner an offender from another state under a 
        reciprocal agreement under the interstate compact authorized by 
        section 243.16 or under any authorized interstate agreement, the 
        acceptance is conditional on the offender agreeing to register 
        under this section when the offender is living in 
        Minnesota following a term of imprisonment if any part of that 
        term was served in this state.  
           Sec. 9.  Minnesota Statutes 1992, section 260.132, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [TRUANT.] When a peace officer or probation 
        officer has probable cause to believe that a child is currently 
        under age 16 and absent from school without lawful excuse, the 
        officer may transport the child to the child's home and deliver 
        the child to the custody of the child's parent or guardian, 
        transport the child to the child's school of enrollment and 
        deliver the child to the custody of a school superintendent or 
        teacher or transport the child to a truancy service center.  For 
        purposes of this subdivision, a truancy service center is a 
        facility that receives truant students from peace officers or 
        probation officers and takes appropriate action including one or 
        more of the following: 
           (1) assessing the truant's attendance situation; 
           (2) assisting in coordinating intervention efforts where 
        appropriate; 
           (3) contacting the parents or legal guardian of the truant 
        and releasing the truant to the custody of the parent or 
        guardian; and 
           (4) facilitating the truant's earliest possible return to 
        school. 
           Sec. 10.  Minnesota Statutes 1992, section 260.161, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 
        juvenile is enrolled in school, the juvenile's probation officer 
        shall transmit a copy of the court's disposition order to the 
        principal or chief administrative officer of the juvenile's 
        school if the juvenile has been adjudicated delinquent for 
        committing an act on the school's property or an act: 
           (1) that would be a violation of section 609.185 
        (first-degree murder); 609.19 (second-degree murder); 609.195 
        (third-degree murder); 609.20 (first-degree manslaughter); 
        609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
        homicide and injury); 609.221 (first-degree assault); 609.222 
        (second-degree assault); 609.223 (third-degree assault); 
        609.2231 (fourth-degree assault); 609.224 (fifth-degree 
        assault); 609.24 (simple robbery); 609.245 (aggravated robbery); 
        609.25 (kidnapping); 609.255 (false imprisonment); 609.342 
        (first-degree criminal sexual conduct); 609.343 (second-degree 
        criminal sexual conduct); 609.344 (third-degree criminal sexual 
        conduct); 609.345 (fourth-degree criminal sexual conduct); 
        609.3451 (fifth-degree criminal sexual conduct); 609.498 
        (tampering with a witness); 609.561 (first-degree arson); 
        609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic 
        threats); or 609.749 (harassment and stalking), if committed by 
        an adult; 
           (2) that would be a violation of section 152.021 
        (first-degree controlled substance crime); 152.022 
        (second-degree controlled substance crime); 152.023 
        (third-degree controlled substance crime); 152.024 
        (fourth-degree controlled substance crime); 152.025 
        (fifth-degree controlled substance crime); 152.0261 (importing a 
        controlled substance); or 152.027 (other controlled substance 
        offenses), if committed by an adult; or 
           (3) that involved the possession or use of a dangerous 
        weapon as defined in section 609.02, subdivision 6. 
           When a disposition order is transmitted under this 
        paragraph, the probation officer shall notify the juvenile's 
        parent or legal guardian that the disposition order has been 
        shared with the juvenile's school. 
           (b) The disposition order must be accompanied by a notice 
        to the school that the school may obtain additional information 
        from the juvenile's probation officer with the consent of the 
        juvenile or the juvenile's parents, as applicable.  The 
        disposition order must be maintained in the student's permanent 
        education record but may not be released outside of the school 
        district or educational entity, other than to another school 
        district or educational entity to which the juvenile is 
        transferring.  Notwithstanding section 138.17, the disposition 
        order must be destroyed when the juvenile graduates from the 
        school or at the end of the academic year when the juvenile 
        reaches age 23, whichever date is earlier. 
           (c) The juvenile's probation officer shall maintain a 
        record of disposition orders released under this subdivision and 
        the basis for the release. 
           (d) The criminal and juvenile justice information policy 
        group, in consultation with representatives of probation 
        officers and educators, shall prepare standard forms for use by 
        juvenile probation officers in forwarding information to schools 
        under this subdivision and in maintaining a record of the 
        information that is released.  
           (e) As used in this subdivision, "school" means a public or 
        private elementary, middle, or secondary school. 
           Sec. 11.  Minnesota Statutes 1992, section 260.161, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC INSPECTION LIMITATIONS.] Except as 
        otherwise provided in this subdivision and in subdivision 
        1 section, and except for legal records arising from proceedings 
        that are public under section 260.155, subdivision 1, none of 
        the records of the juvenile court and none of the records 
        relating to an appeal from a nonpublic juvenile court 
        proceeding, except the written appellate opinion, shall be open 
        to public inspection or their contents disclosed except (a) by 
        order of a court or (b) as required by sections 245A.04, 
        611A.03, 611A.04, 611A.06, and 629.73.  The records of juvenile 
        probation officers and county home schools are records of the 
        court for the purposes of this subdivision.  Court services data 
        relating to delinquent acts that are contained in records of the 
        juvenile court may be released as allowed under section 13.84, 
        subdivision 5a.  This subdivision applies to all proceedings 
        under this chapter, including appeals from orders of the 
        juvenile court, except that this subdivision does not apply to 
        proceedings under section 260.255, 260.261, or 260.315 when the 
        proceeding involves an adult defendant.  The court shall 
        maintain the confidentiality of adoption files and records in 
        accordance with the provisions of laws relating to adoptions.  
        In juvenile court proceedings any report or social history 
        furnished to the court shall be open to inspection by the 
        attorneys of record and the guardian ad litem a reasonable time 
        before it is used in connection with any proceeding before the 
        court. 
           When a judge of a juvenile court, or duly authorized agent 
        of the court, determines under a proceeding under this chapter 
        that a child has violated a state or local law, ordinance, or 
        regulation pertaining to the operation of a motor vehicle on 
        streets and highways, except parking violations, the judge or 
        agent shall immediately report the violation to the commissioner 
        of public safety.  The report must be made on a form provided by 
        the department of public safety and must contain the information 
        required under section 169.95. 
           Sec. 12.  Minnesota Statutes 1993 Supplement, section 
        260.161, subdivision 3, is amended to read: 
           Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
        for records relating to an offense where proceedings are public 
        under section 260.155, subdivision 1, peace officers' records of 
        children who are or may be delinquent or who may be engaged in 
        criminal acts shall be kept separate from records of persons 18 
        years of age or older and are private data but shall be 
        disseminated:  (1) by order of the juvenile court, (2) as 
        required by section 126.036, (3) as authorized under section 
        13.82, subdivision 2, (4) to the child or the child's parent or 
        guardian unless disclosure of a record would interfere with an 
        ongoing investigation, or (5) as otherwise provided in paragraph 
        (d) this subdivision.  Except as provided in paragraph (c), no 
        photographs of a child taken into custody may be taken without 
        the consent of the juvenile court unless the child is alleged to 
        have violated section 169.121 or 169.129.  Peace officers' 
        records containing data about children who are victims of crimes 
        or witnesses to crimes must be administered consistent with 
        section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
        violating any of the provisions of this subdivision shall be 
        guilty of a misdemeanor. 
           In the case of computerized records maintained about 
        juveniles by peace officers, the requirement of this subdivision 
        that records about juveniles must be kept separate from adult 
        records does not mean that a law enforcement agency must keep 
        its records concerning juveniles on a separate computer system.  
        Law enforcement agencies may keep juvenile records on the same 
        computer as adult records and may use a common index to access 
        both juvenile and adult records so long as the agency has in 
        place procedures that keep juvenile records in a separate place 
        in computer storage and that comply with the special data 
        retention and other requirements associated with protecting data 
        on juveniles. 
           (b) Nothing in this subdivision prohibits the exchange of 
        information by law enforcement agencies if the exchanged 
        information is pertinent and necessary to the requesting agency 
        in initiating, furthering, or completing a criminal 
        investigation. 
           (c) A photograph may be taken of a child taken into custody 
        pursuant to section 260.165, subdivision 1, clause (b), provided 
        that the photograph must be destroyed when the child reaches the 
        age of 19 years.  The commissioner of corrections may photograph 
        juveniles whose legal custody is transferred to the 
        commissioner.  Photographs of juveniles authorized by this 
        paragraph may be used only for institution management purposes, 
        case supervision by parole agents, and to assist law enforcement 
        agencies to apprehend juvenile offenders.  The commissioner 
        shall maintain photographs of juveniles in the same manner as 
        juvenile court records and names under this section. 
           (d) Traffic investigation reports are open to inspection by 
        a person who has sustained physical harm or economic loss as a 
        result of the traffic accident.  Identifying information on 
        juveniles who are parties to traffic accidents may be disclosed 
        as authorized under section 13.82, subdivision 4, and accident 
        reports required under section 169.09 may be released under 
        section 169.09, subdivision 13, unless the information would 
        identify a juvenile who was taken into custody or who is 
        suspected of committing an offense that would be a crime if 
        committed by an adult, or would associate a juvenile with the 
        offense, and the offense is not a minor traffic offense under 
        section 260.193. 
           (e) A law enforcement agency shall notify the principal or 
        chief administrative officer of a juvenile's school of an 
        incident occurring within the agency's jurisdiction if: 
           (1) the agency has probable cause to believe that the 
        juvenile has committed an offense that would be a crime if 
        committed as an adult, that the victim of the offense is a 
        student or staff member of the school, and that notice to the 
        school is reasonably necessary for the protection of the victim; 
        or 
           (2) the agency has probable cause to believe that the 
        juvenile has committed an offense described in subdivision 1b, 
        paragraph (a), clauses (1) to (3), that would be a crime if 
        committed by an adult. 
           A law enforcement agency is not required to notify the 
        school under this paragraph if the agency determines that notice 
        would jeopardize an ongoing investigation.  Notwithstanding 
        section 138.17, data from a notice received from a law 
        enforcement agency under this paragraph must be destroyed when 
        the juvenile graduates from the school or at the end of the 
        academic year when the juvenile reaches age 23, whichever date 
        is earlier.  For purposes of this paragraph, "school" means a 
        public or private elementary, middle, or secondary school. 
           (f) In any county in which the county attorney operates or 
        authorizes the operation of a juvenile prepetition or pretrial 
        diversion program, a law enforcement agency or county attorney's 
        office may provide the juvenile diversion program with data 
        concerning a juvenile who is a participant in or is being 
        considered for participation in the program.  
           (g) Upon request of a local social service agency, peace 
        officer records of children who are or may be delinquent or who 
        may be engaged in criminal acts may be disseminated to the 
        agency to promote the best interests of the subject of the data. 
           Sec. 13.  Minnesota Statutes 1992, section 260.161, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [FURTHER RELEASE OF RECORDS.] A person who 
        receives access to juvenile court or peace officer records of 
        children that are not accessible to the public may not release 
        or disclose the records to any other person except as authorized 
        by law.  This subdivision does not apply to the child who is the 
        subject of the records or the child's parent or guardian. 
           Sec. 14.  Minnesota Statutes 1992, section 260.165, 
        subdivision 1, is amended to read: 
           Subdivision 1.  No child may be taken into immediate 
        custody except: 
           (a) With an order issued by the court in accordance with 
        the provisions of section 260.135, subdivision 5, or by a 
        warrant issued in accordance with the provisions of section 
        260.145; or 
           (b) In accordance with the laws relating to arrests; or 
           (c) By a peace officer 
           (1) when a child has run away from a parent, guardian, or 
        custodian, or when the peace officer reasonably believes the 
        child has run away from a parent, guardian, or custodian; or 
           (2) when a child is found in surroundings or conditions 
        which endanger the child's health or welfare or which such peace 
        officer reasonably believes will endanger the child's health or 
        welfare.  If an Indian child is a resident of a reservation or 
        is domiciled on a reservation but temporarily located off the 
        reservation, the taking of the child into custody under this 
        clause shall be consistent with the Indian Child Welfare Act of 
        1978, United States Code, title 25, section 1922; or 
           (d) By a peace officer or probation or parole officer when 
        it is reasonably believed that the child has violated the terms 
        of probation, parole, or other field supervision; or 
           (e) By a peace officer or probation officer under section 
        260.132, subdivision 4. 
           Sec. 15.  Minnesota Statutes 1992, section 299A.34, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GRANT PROGRAMS.] (a) The commissioner 
        shall develop grant programs to: 
           (1) assist law enforcement agencies in purchasing 
        equipment, provide undercover buy money, and pay other 
        nonpersonnel costs; and 
           (2) assist community and neighborhood organizations in 
        efforts to prevent or reduce criminal activities in their areas, 
        particularly activities involving youth and the use and sale of 
        drugs; and 
           (3) assist law enforcement agencies in efforts to target 
        and apprehend violent habitual criminals.  
           (b) The commissioner shall prescribe criteria for 
        eligibility and the award of grants and reporting requirements 
        for recipients. 
           Sec. 16.  Minnesota Statutes 1992, section 299A.38, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ELIGIBILITY REQUIREMENTS.] (a) Only vests that 
        either meet or exceed the requirements of standard 0101.01 
        0101.03 of the National Institute of Justice in effect on 
        December 30, 1986, or that meet or exceed the requirements of 
        that standard, except wet armor conditioning, are eligible for 
        reimbursement. 
           (b) Eligibility for reimbursement is limited to vests 
        bought after December 31, 1986, by or for peace officers (1) who 
        did not own a vest meeting the requirements of paragraph (a) 
        before the purchase, or (2) who owned a vest that was at least 
        six years old. 
           Sec. 17.  Minnesota Statutes 1992, section 299C.065, as 
        amended by Laws 1993, chapter 326, article 12, section 6, is 
        amended to read: 
           299C.065 [UNDERCOVER BUY FUND; WITNESS ASSISTANCE SERVICES 
        AND VICTIM PROTECTION.] 
           Subdivision 1.  [GRANTS.] The commissioner of public safety 
        shall make grants to local officials for the following purposes: 
           (1) the cooperative investigation of cross jurisdictional 
        criminal activity relating to the possession and sale of 
        controlled substances; 
           (2) receiving or selling stolen goods; 
           (3) participating in gambling activities in violation of 
        section 609.76; 
           (4) violations of section 609.322, 609.323, or any other 
        state or federal law prohibiting the recruitment, 
        transportation, or use of juveniles for purposes of 
        prostitution; and 
           (5) witness assistance services in cases involving criminal 
        gang activity in violation of section 609.229, or domestic 
        assault, as defined in section 611A.0315; and 
           (6) for partial reimbursement of local costs associated 
        with unanticipated, intensive, long-term, multijurisdictional 
        criminal investigations that exhaust available local resources, 
        except that the commissioner may not reimburse the costs of a 
        local investigation involving a child who is reported to be 
        missing and endangered unless the law enforcement agency 
        complies with section 299C.53 and the agency's own investigative 
        policy. 
           Subd. 1a.  [WITNESS AND VICTIM PROTECTION FUND.] A witness 
        and victim protection fund is created under the administration 
        of the commissioner of public safety.  The commissioner may make 
        grants to local officials to provide for the relocation or other 
        protection of a victim, witness, or potential witness who is 
        involved in a criminal prosecution and who the commissioner has 
        reason to believe is or is likely to be the target of a violent 
        crime or a violation of section 609.498 or 609.713, in 
        connection with that prosecution.  The commissioner may award 
        grants for any of the following actions in connection with the 
        protection of a witness or victim under this subdivision: 
           (1) to provide suitable documents to enable the person to 
        establish a new identity or otherwise protect the person; 
           (2) to provide housing for the person; 
           (3) to provide for the transportation of household 
        furniture and other personal property to the person's new 
        residence; 
           (4) to provide the person with a payment to meet basic 
        living expenses for a time period the commissioner deems 
        necessary; 
           (5) to assist the person in obtaining employment; and 
           (6) to provide other services necessary to assist the 
        person in becoming self-sustaining. 
           Subd. 2.  [APPLICATION FOR GRANT.] A county sheriff or the 
        chief administrative officer of a municipal police department 
        may apply to the commissioner of public safety for a grant for 
        any of the purposes described in subdivision 1, or 1a, on forms 
        and pursuant to procedures developed by the superintendent.  For 
        grants under subdivision 1, the application shall describe the 
        type of intended criminal investigation, an estimate of the 
        amount of money required, and any other information the 
        superintendent deems necessary.  
           Subd. 3.  [INVESTIGATION REPORT.] A report shall be made to 
        the commissioner at the conclusion of an investigation pursuant 
        to this section for which a grant was made under subdivision 1 
        stating:  (1) the number of persons arrested, (2) the nature of 
        charges filed against them, (3) the nature and value of 
        controlled substances or contraband purchased or seized, (4) the 
        amount of money paid to informants during the investigation, and 
        (5) a separate accounting of the amount of money spent for 
        expenses, other than "buy money", of bureau and local law 
        enforcement personnel during the investigation.  The 
        commissioner shall prepare and submit to the legislature chairs 
        of the committees in the senate and house of representatives 
        with jurisdiction over criminal justice policy by January 1 of 
        each year a report of investigations pursuant to this section 
        receiving grants under subdivision 1.  
           Subd. 3a.  [ACCOUNTING REPORT.] The head of a law 
        enforcement agency that receives a grant under this section for 
        witness assistance services subdivision 1a shall file a report 
        with the commissioner at the conclusion of the case detailing 
        the specific purposes for which the money was spent.  The 
        commissioner shall prepare and submit to the legislature chairs 
        of the committees in the senate and house of representatives 
        with jurisdiction over criminal justice policy by January 1 of 
        each year a summary report of witness assistance services 
        provided under this section.  
           Subd. 4.  [DATA CLASSIFICATION.] An application to the 
        commissioner for money is a confidential record.  Information 
        within investigative files that identifies or could reasonably 
        be used to ascertain the identity of assisted witnesses, 
        sources, or undercover investigators is a confidential record.  
        A report at the conclusion of an investigation is a public 
        record, except that information in a report pertaining to the 
        identity or location of an assisted witness is private data.  
           Sec. 18.  [299C.066] [CRIME INFORMATION REWARD FUND.] 
           Subdivision 1.  [FUND.] A crime information reward fund is 
        created as an account in the state treasury.  Money appropriated 
        to the account is available to pay rewards as directed by the 
        commissioner of public safety, in consultation with the attorney 
        general, under this section.  The attorney general shall appoint 
        an advisory group, in consultation with the commissioner, of 
        five members to assist in implementation of this section. 
           Subd. 2.  [REWARDS.] The commissioner is authorized to pay 
        a reward to any person who, in response to a reward offer, 
        provides information leading to the arrest and conviction of a 
        criminal offender.  The commissioner shall establish criteria 
        for determining the amount of the reward and the duration of the 
        reward offer.  In no event shall a reward exceed $10,000 or a 
        reward offer remain open longer than ten days.  The commissioner 
        shall select the criminal investigations for which rewards are 
        offered based on recommendations made by the advisory group 
        members or by the law enforcement agency or agencies conducting 
        the criminal investigation. 
           Sec. 19.  Minnesota Statutes 1993 Supplement, section 
        299C.10, subdivision 1, is amended to read: 
           Subdivision 1.  [LAW ENFORCEMENT DUTY.] It is hereby made 
        the duty of the sheriffs of the respective counties and of the 
        police officers in cities of the first, second, and third 
        classes, under the direction of the chiefs of police in such 
        cities, to take or cause to be taken immediately finger and 
        thumb prints, photographs, distinctive physical mark 
        identification data, and such other identification data as may 
        be requested or required by the superintendent of the bureau; of 
        all persons arrested for a felony, gross misdemeanor, of all 
        juveniles committing felonies as distinguished from those 
        committed by adult offenders, of all persons reasonably believed 
        by the arresting officer to be fugitives from justice, of all 
        persons in whose possession, when arrested, are found concealed 
        firearms or other dangerous weapons, burglar tools or outfits, 
        high-power explosives, or articles, machines, or appliances 
        usable for an unlawful purpose and reasonably believed by the 
        arresting officer to be intended for such purposes, and within 
        24 hours thereafter to forward such fingerprint records and 
        other identification data on such forms and in such manner as 
        may be prescribed by the superintendent of the bureau of 
        criminal apprehension. 
           Sec. 20.  Minnesota Statutes 1992, section 299C.11, is 
        amended to read: 
           299C.11 [INFORMATION FURNISHED BY SHERIFFS AND POLICE 
        CHIEFS.] 
           The sheriff of each county and the chief of police of each 
        city of the first, second, and third classes shall furnish the 
        bureau, upon such form as the superintendent shall prescribe, 
        with such finger and thumb prints, photographs, distinctive 
        physical mark identification data, and other identification data 
        as may be requested or required by the superintendent of the 
        bureau, which may be taken under the provisions of section 
        299C.10, of persons who shall be convicted of a felony, gross 
        misdemeanor, or who shall be found to have been convicted of a 
        felony or gross misdemeanor, within ten years next preceding 
        their arrest.  Upon the determination of all pending criminal 
        actions or proceedings in favor of the arrested person, the 
        arrested person shall, upon demand, have all such finger and 
        thumb prints, photographs, distinctive physical mark 
        identification data, and other identification data, and all 
        copies and duplicates thereof, returned, provided it is not 
        established that the arrested person has been convicted of any 
        felony, either within or without the state, within the period of 
        ten years immediately preceding such determination.  
           For purposes of this section, "determination of all pending 
        criminal actions or proceedings in favor of the arrested person" 
        does not include the sealing of a criminal record pursuant to 
        section 152.18, subdivision 1, 242.31, or 609.168. 
           Sec. 21.  [299C.115] [COUNTIES TO PROVIDE WARRANT 
        INFORMATION TO STATE CRIMINAL JUSTICE INFORMATION SYSTEM.] 
           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: 
           (1) the county shall enter the warrant information in the 
        warrant file of the Minnesota criminal justice information 
        system; 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. 
           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. 22.  Minnesota Statutes 1992, section 299C.14, is 
        amended to read: 
           299C.14 [OFFICERS OF PENAL INSTITUTIONS TO FURNISH BUREAU 
        WITH DATA RELATING TO RELEASED PRISONERS.] 
           It shall be the duty of the officials having charge of the 
        penal institutions of the state or the release of prisoners 
        therefrom to furnish to the bureau, as the superintendent may 
        require, finger and thumb prints, photographs, distinctive 
        physical mark identification data, other identification data, 
        modus operandi reports, and criminal records of prisoners 
        heretofore, now, or hereafter confined in such penal 
        institutions, together with the period of their service and the 
        time, terms, and conditions of their discharge.  
           Sec. 23.  [299C.145] [DISTINCTIVE PHYSICAL MARK 
        IDENTIFICATION SYSTEM; ESTABLISHMENT AND OPERATION.] 
           Subdivision 1.  [DEFINITION.] As used in this section and 
        in sections 299C.10, 299C.11, and 299C.14, "distinctive physical 
        mark identification data" means a photograph of a brand, scar, 
        or tattoo, and a description of the body location where the 
        distinctive physical mark appears. 
           Subd. 2.  [SYSTEM ESTABLISHMENT.] The superintendent shall 
        establish and maintain a system within the bureau to enable law 
        enforcement agencies to submit and obtain distinctive physical 
        mark identification data on persons who are under investigation 
        for criminal activity.  The system shall cross reference the 
        distinctive physical mark identification data with the name of 
        the individual from whose body the distinctive physical mark 
        identification data was obtained.  The system also shall cross 
        reference distinctive physical mark identification data with the 
        names of individuals who have been identified as having a 
        similar or identical distinctive physical mark in the same body 
        location. 
           Subd. 3.  [AUTHORITY TO ENTER OR RETRIEVE DISTINCTIVE 
        PHYSICAL MARK IDENTIFICATION DATA.] Only law enforcement 
        agencies may submit data to and obtain data from the distinctive 
        physical mark identification system. 
           Subd. 4.  [RULES.] The bureau may adopt rules to provide 
        for the orderly collection, entry, and retrieval of data 
        contained in the distinctive physical mark identification system.
           Sec. 24.  Minnesota Statutes 1992, 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; and 
           (d) "NCIC" means National Crime Information Center; and 
           (e) "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. 25.  Minnesota Statutes 1992, 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. 26.  Minnesota Statutes 1992, section 299C.53, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [MISSING AND ENDANGERED CHILDREN.] If the bureau 
        of criminal apprehension receives a report from a law 
        enforcement agency indicating that a child is missing and 
        endangered, the superintendent may assist the law enforcement 
        agency in conducting the preliminary investigation, offer 
        resources, and assist the agency in helping implement the 
        investigation policy with particular attention to the need for 
        immediate action. 
           Sec. 27.  Minnesota Statutes 1992, section 299D.07, is 
        amended to read: 
           299D.07 [HELICOPTERS AND FIXED WING AIRCRAFT.] 
           The commissioner of public safety is hereby authorized to 
        retain, acquire, maintain and operate helicopters and fixed wing 
        aircraft for the purposes of the highway patrol and the Bureau 
        of Criminal Apprehension and to employ state patrol officer 
        pilots as required. 
           Sec. 28.  Minnesota Statutes 1993 Supplement, section 
        480.30, is amended to read: 
           480.30 [JUDICIAL TRAINING ON DOMESTIC ABUSE, HARASSMENT, 
        AND STALKING.] 
           The supreme court's judicial education program must include 
        ongoing training for district court judges on child and 
        adolescent sexual abuse, domestic abuse, harassment, and 
        stalking laws, and related civil and criminal court issues.  The 
        program must include information about the specific needs of 
        victims.  The program must include education on the causes 
        of sexual abuse and family violence and culturally responsive 
        approaches to serving victims.  The program must emphasize the 
        need for the coordination of court and legal victim advocacy 
        services and include education on sexual abuse and domestic 
        abuse programs and policies within law enforcement agencies and 
        prosecuting authorities as well as the court system. 
           Sec. 29.  Minnesota Statutes 1992, section 609.5315, 
        subdivision 3, is amended to read: 
           Subd. 3.  [USE BY LAW ENFORCEMENT.] (a) Property kept under 
        this section may be used only in the performance of official 
        duties of the appropriate agency or prosecuting agency and may 
        not be used for any other purpose.  If an appropriate agency 
        keeps a forfeited motor vehicle for official use, it shall make 
        reasonable efforts to ensure that the motor vehicle is available 
        for use and adaptation by the agency's officers who participate 
        in the drug abuse resistance education program. 
           (b) Proceeds from the sale of property kept under this 
        subdivision must be disbursed as provided in subdivision 5. 
           Sec. 30.  Minnesota Statutes 1992, section 626.556, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [REPORT OF DEPRIVATION OF PARENTAL RIGHTS OR 
        KIDNAPPING.] A person mandated to report under subdivision 3, 
        who knows or has reason to know of a violation of section 609.25 
        or 609.26, shall report the information to the local police 
        department or the county sheriff.  Receipt by a local welfare 
        agency of a report or notification of a report of a violation of 
        section 609.25 or 609.26 shall not be construed to invoke the 
        duties of subdivision 10, 10a, or 10b.  
           Sec. 31.  Minnesota Statutes 1992, section 626.76, is 
        amended to read: 
           626.76 [RULES AND REGULATIONS; AIDING OTHER OFFICERS; 
        EXCHANGE PROGRAMS.] 
           Subdivision 1.  Any appointive or elective agency or office 
        of peace officers as defined in subdivision 3 may establish 
        rules or regulations and enter into agreements with other 
        agencies and offices for: 
           (1) assisting other peace officers in the line of their 
        duty and within the course of their employment; and 
           (2) exchanging the agency's peace officers with peace 
        officers of another agency or office on a temporary basis. 
        Additionally, the agency or office may establish rules and 
        regulations for assisting probation, parole, and supervised 
        release agents who are supervising probationers, parolees, or 
        supervised releasees in the geographic area within the agency's 
        or office's jurisdiction. 
           Subd. 2.  (a) When a peace officer gives assistance to 
        another peace officer, or to a parole, probation, or supervised 
        release agent, within the scope of the rules or regulations of 
        the peace officer's appointive or elected agency or office, any 
        such assistance shall be within the line of duty and course of 
        employment of the officer rendering the assistance.  
           (b) When a peace officer acts on behalf of another agency 
        or office within the scope of an exchange agreement entered into 
        under subdivision 1, the officer's actions are within the 
        officer's line of duty and course of employment to the same 
        extent as if the officer had acted on behalf of the officer's 
        employing agency. 
           Subd. 3.  For the purposes of this section the term, "peace 
        officer" means any member of a police department, state patrol, 
        game warden service, sheriff's office, or any other law 
        enforcement agency, the members of which have, by law, the power 
        of arrest.  
           Subd. 4.  This section shall in no way be construed as 
        extending or enlarging the duties or authority of any peace 
        officer or any other law enforcement agent as defined in 
        subdivision 3 except as provided in this section. 
           Sec. 32.  [626.8454] [MANUAL AND POLICY FOR INVESTIGATING 
        CASES INVOLVING CHILDREN WHO ARE MISSING AND ENDANGERED.] 
           Subdivision 1.  [MANUAL.] By July 1, 1994, the 
        superintendent of the bureau of criminal apprehension shall 
        transmit to law enforcement agencies a training and procedures 
        manual on child abduction investigations. 
           Subd. 2.  [MODEL INVESTIGATION POLICY.] By June 1, 1995, 
        the peace officer standards and training board shall develop a 
        model investigation policy for cases involving children who are 
        missing and endangered as defined in section 299C.52.  The model 
        policy shall describe the procedures for the handling of cases 
        involving children who are missing and endangered.  In 
        developing the policy, the board shall consult with 
        representatives of the bureau of criminal apprehension, 
        Minnesota police chiefs association, Minnesota sheriff's 
        association, Minnesota police and peace officers association, 
        Minnesota association of women police, Minnesota county 
        attorneys association, a nonprofit foundation formed to combat 
        child abuse, and two representatives of victims advocacy groups 
        selected by the commissioner of corrections.  The manual on 
        child abduction investigation shall serve as a basis for 
        defining the specific actions to be taken during the early 
        investigation. 
           Subd. 3.  [LOCAL POLICY.] By August 1, 1995, each chief of 
        police and sheriff shall establish and implement a written 
        policy governing the investigation of cases involving children 
        who are missing and endangered as defined in section 299C.52.  
        The policy shall be based on the model policy developed under 
        subdivision 2.  The policy shall include specific actions to be 
        taken during the initial two-hour period. 
           Sec. 33.  Minnesota Statutes 1992, section 626.846, 
        subdivision 6, is amended to read: 
           Subd. 6.  A person seeking election or appointment to the 
        office of sheriff, or seeking appointment to the position of 
        chief law enforcement officer, as defined by the rules of the 
        board, after June 30, 1987, must be licensed or eligible to be 
        licensed as a peace officer.  The person shall submit proof of 
        peace officer licensure or eligibility as part of the 
        application for office.  A person elected or appointed to the 
        office of sheriff or the position of chief law enforcement 
        officer shall be licensed as a peace officer during the person's 
        term of office or employment. 
           Sec. 34.  Minnesota Statutes 1993 Supplement, section 
        626.861, subdivision 4, is amended to read: 
           Subd. 4.  [PEACE OFFICERS TRAINING ACCOUNT.] (a) Receipts 
        from penalty assessments must be credited to a peace officer 
        training account in the special revenue fund.  The peace 
        officers standards and training board shall make the following 
        allocations from appropriated funds, net of operating expenses:  
           (1) for fiscal year 1994: 
           (i) at least 25 percent for reimbursement to board-approved 
        skills courses; and 
           (ii) at least 13.5 percent for the school of law 
        enforcement; 
           (2) for fiscal year 1995: 
           (i) at least 17 percent to the community college system for 
        one-time start-up costs associated with the transition to an 
        integrated academic program; 
           (ii) at least eight percent for reimbursement to 
        board-approved skills courses in the technical college system; 
        and 
           (iii) at least 13.5 percent for the school of law 
        enforcement. 
           The balance in each year may be used to pay each local unit 
        of government an amount in proportion to the number of licensed 
        peace officers and constables employed, at a rate to be 
        determined by the board.  The disbursed amount must be used 
        exclusively for reimbursement of the cost of in-service training 
        required under this chapter and chapter 214. 
           (b) The board must not reduce allocations to law 
        enforcement agencies or higher education systems or institutions 
        to fund legal costs or other board operating expenses not 
        presented in the board's biennial legislative budget request. 
           (c) No school in Minnesota certified by the board shall 
        provide a nondegree professional peace officer education program 
        for any state agency or local law enforcement agency after 
        December 31, 1994, without affirmative legislative approval. 
           Sec. 35.  Minnesota Statutes 1992, section 629.73, is 
        amended to read: 
           629.73 [NOTICE TO SEXUAL ASSAULT CRIME VICTIM REGARDING 
        RELEASE OF ARRESTED OR DETAINED PERSON.] 
           Subdivision 1.  [ORAL NOTICE.] When a person arrested or a 
        juvenile detained for criminal sexual conduct or attempted 
        criminal sexual conduct a crime of violence or an attempted 
        crime of violence is about to be released from pretrial 
        detention, the agency having custody of the arrested or detained 
        person or its designee shall make a reasonable and good faith 
        effort before release to inform orally the victim or, if the 
        victim is incapacitated, the same or next of kin, or if the 
        victim is a minor, the victim's parent or guardian of the 
        following matters:  
           (1) the conditions of release, if any; 
           (2) the time of release; 
           (3) the time, date, and place of the next scheduled court 
        appearance of the arrested or detained person and, where 
        applicable, the victim's right to be present at the court 
        appearance; and 
           (4) the location and telephone number of the area sexual 
        assault program as designated by the commissioner of corrections.
           Subd. 2.  [WRITTEN NOTICE.] As soon as practicable after 
        the arrested or detained person is released, the agency having 
        custody of the arrested or detained person or its designee must 
        personally deliver or mail to the alleged victim written notice 
        of the information contained in subdivision 1, clauses (2) and 
        (3). 
           Sec. 36.  [BUREAU OF CRIMINAL APPREHENSION; REPORT TO 
        LEGISLATURE REQUIRED.] 
           The superintendent of the Bureau of Criminal Apprehension 
        shall conduct a study of the mandate in Minnesota Statutes, 
        sections 299C.10 and 299C.11, that local law enforcement 
        agencies take finger and thumb prints of persons arrested for 
        certain crimes and forward copies of the prints to the bureau 
        within 24 hours.  The superintendent shall determine the extent 
        to which law enforcement agencies comply or fail to comply with 
        this law and shall analyze the reasons for lack of compliance 
        where it exists. 
           By January 15, 1995, the superintendent shall submit a 
        report to the chair of the house judiciary committee and the 
        chair of the senate crime prevention committee.  The report 
        shall contain the superintendent's findings and shall make 
        recommendations for improving the accuracy, comprehensiveness, 
        and timeliness of finger and thumb print data collection within 
        the criminal justice system. 
           Sec. 37.  [CRIMINAL ALERT NETWORK.] 
           Subdivision 1.  [PLAN.] The commissioner of public safety, 
        in cooperation with the commissioner of administration, shall 
        develop a plan for an integrated criminal alert network to 
        facilitate the communication of crime prevention information by 
        electronic means among state agencies, law enforcement 
        officials, and the private sector.  The plan shall identify ways 
        to disseminate data regarding the commission of crime, including 
        information on missing and endangered children.  In addition, 
        the plan shall consider methods of reducing theft and other 
        crime by the use of electronic transmission of information.  In 
        developing the plan, the commissioner shall consider the 
        efficacy of existing means of transmitting information about 
        crime and evaluate the following means of information transfer:  
        existing state computer networks, INTERNET, and fax machines, 
        including broadcast fax procedures. 
           Subd. 2.  [REPORT.] The commissioner shall report to the 
        legislature by January 1, 1995, concerning the details of the 
        plan. 
           Sec. 38.  [GANG RESISTANCE EDUCATION TRAINING; PILOT 
        PROGRAMS.] 
           Subdivision 1.  [TRAINING PROGRAM.] The Bureau of Criminal 
        Apprehension shall develop a pilot program to train peace 
        officers to teach the gang resistance education training (GREAT) 
        curriculum in middle schools.  The training program must be 
        approved by the commissioner of public safety. 
           Subd. 2.  [GRANTS.] Law enforcement agencies and school 
        districts may apply to the commissioner of public safety for 
        grants to enable peace officers to undergo the training 
        described in subdivision 1.  Grants may be used to cover the 
        cost of the training as well as reimbursement for actual, 
        reasonable travel and living expenses incurred in connection 
        with the training.  The commissioner shall administer the 
        program, shall promote it throughout the state, and is 
        authorized to receive money from public and private sources for 
        use in carrying it out. 
           Subd. 3.  [REPORTS.] The commissioner may require grant 
        recipients to account to the commissioner at reasonable time 
        intervals regarding the use of grants and the training and 
        programs provided. 
           Subd. 4.  [EVALUATION.] The commissioners of public safety 
        and education shall evaluate the success of the gang resistance 
        education training pilot program and report conclusions and 
        recommendations to the chairs of the house judiciary and 
        education committees and the senate crime prevention and 
        education committees by February 1, 1995. 
           Sec. 39.  [PRETRIAL SERVICES.] 
           The conference of chief judges shall consider including 
        within the pretrial services checklist: 
           (1) an evaluation of the proximity of the residences of the 
        alleged offender and the victim, including whether the victim 
        and defendant cohabitate or are close neighbors if the case 
        involves criminal sexual conduct or domestic violence; and 
           (2) an attempt to contact the victim or victim's family to 
        verify information on which the bail decision is based. 
           Sec. 40.  [TRAINING FOR PROSECUTORS.] 
           The county attorneys association, in conjunction with the 
        attorney general's office, shall prepare and conduct a training 
        course for county attorneys and city attorneys to deal with the 
        prosecution of bias-motivated crimes.  The course may be 
        combined with other training conducted by the county attorneys 
        association or other groups. 
           Sec. 41.  [REPEALER.] 
           Minnesota Statutes 1992, section 8.34, subdivision 2, is 
        repealed. 
           Sec. 42.  [EFFECTIVE DATE.] 
           Sections 7 and 30 are effective August 1, 1994, and apply 
        to crimes committed on or after that date.  Sections 32, 36, and 
        40 are effective the day following final enactment. 
                                   ARTICLE 5
                          EXPLOSIVES & BLASTING AGENTS
           Section 1.  Minnesota Statutes 1992, section 299F.72, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [BLASTING AGENT.] "Blasting agent" means any 
        material or mixture (1) that consists of a fuel and oxidizer, 
        (2) that is intended for blasting, (3) that is not otherwise 
        classified as an explosive, (4) in which none of the ingredients 
        is classified as an explosive, and (5) when a finished product, 
        as mixed and packaged for use or shipment, that cannot be 
        detonated by means of a number eight test blasting cap when 
        unconfined.  The term does not include flammable liquids or 
        flammable gases.  
           Sec. 2.  Minnesota Statutes 1992, section 299F.72, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [CRIME OF VIOLENCE.] "Crime of violence" has the 
        meaning given in section 624.712, subdivision 5, and also 
        includes a domestic assault conviction when committed within the 
        last three years or while an order for protection is active 
        against the person, whichever period is longer. 
           Sec. 3.  Minnesota Statutes 1992, section 299F.72, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXPLOSIVE.] "Explosive" means any chemical 
        compound or, mixture, or device, the primary or common purpose 
        of which is to function by explosion; that is, with 
        substantially instantaneous release of gas and heat; but shall, 
        unless the compound, mixture, or device is otherwise 
        specifically classified by the United States Department of 
        Transportation.  The term does not mean or include the 
        components for handloading rifle, pistol, and shotgun 
        ammunition, and/or rifle, pistol and shotgun ammunition, black 
        powder, smokeless powder, primers, and fuses when used for 
        ammunition and components for antique or replica muzzleloading 
        rifles, pistols, muskets, shotguns, and cannons, or when 
        possessed or used for rifle, pistol, and shotgun ammunition, nor 
        does it include fireworks as defined in section 624.20, nor 
        shall it include any fertilizer product possessed, used or sold 
        solely for a legitimate agricultural, forestry, conservation, or 
        horticultural purpose. 
           Sec. 4.  Minnesota Statutes 1992, section 299F.73, is 
        amended to read: 
           299F.73 [LICENSE REQUIRED.] 
           Subdivision 1.  [MANUFACTURE, ASSEMBLY, OR STORAGE OF 
        EXPLOSIVES.] No person shall manufacture, assemble, warehouse or 
        store explosives or blasting agents for purposes of wholesale or 
        retail sale, or for any other purpose other than for ultimate 
        consumption without being licensed to do so by the commissioner 
        of public safety.  
           Subd. 2.  [APPLICATION.] In order to obtain the license 
        herein required such person shall make application to the 
        commissioner of public safety. The application shall be on forms 
        provided by the commissioner of public safety and shall require 
        such information as the commissioner deems necessary including 
        but not limited to the name, address, age, experience and 
        knowledge of the applicant in the use, handling, and storage of 
        explosives and explosive devices or blasting agents, and whether 
        the applicant is a person to whom no such license may be issued 
        pursuant to section 299F.77.  The commissioner of public safety 
        may refuse to issue a license to any person who does not have 
        sufficient knowledge of the use, handling, or storage of 
        explosives or blasting agents to protect the public safety.  Any 
        person aggrieved by the denial of a license may request a 
        hearing before the commissioner of public safety.  The 
        provisions of sections 14.57 to 14.69 shall apply to such 
        hearing and subsequent proceedings, if any.  
           Sec. 5.  Minnesota Statutes 1992, section 299F.74, is 
        amended to read: 
           299F.74 [PERMIT REQUIRED FOR POSSESSION OR USE.] 
           No person shall possess explosives or blasting agents, 
        unless said person shall have obtained a valid license as 
        provided in section 299F.73, or unless said person shall have 
        obtained a valid permit for the use of explosives or blasting 
        agents as hereinafter provided.  The transportation of an 
        explosive or blasting agent by a common carrier for hire shall 
        not be deemed to be possession of an explosive or blasting agent 
        for purposes of this section.  
           Sec. 6.  Minnesota Statutes 1992, section 299F.75, is 
        amended to read: 
           299F.75 [PERMIT APPLICATION.] 
           Subdivision 1.  [REQUIREMENT.] Any person desiring to 
        possess explosives or blasting agents, other than a person 
        licensed as provided in section 299F.73, shall make application 
        for a permit for the use of explosives or blasting agents to the 
        appropriate local sheriff or chief of police of a statutory or 
        home rule charter city of the first, second or third class, or 
        such other person as is designated by the commissioner of public 
        safety, on a standardized form provided by the commissioner of 
        public safety. 
           Subd. 2.  [CONTENTS.] The application shall require the 
        applicant's name, address, purpose for acquiring explosives or 
        blasting agents, place of intended acquisition, quantity 
        required, place and time of intended use, place and means of 
        storage until such use and whether the applicant is a person to 
        whom no such permit may be issued pursuant to section 
        299F.77.  Issuing authorities may request a certificate from the 
        applicant regarding the applicant's knowledge in the use, 
        handling, and storage of explosives and blasting agents, and may 
        refuse to issue a permit to any person who does not have 
        sufficient knowledge to protect the public safety.  Any person 
        aggrieved by the denial of a permit may request a hearing before 
        the commissioner of public safety.  The provisions of sections 
        14.57 to 14.69 shall apply to such hearings and subsequent 
        proceedings, if any. 
           Subd. 3.  [NOTICE.] Prior to the storage or use of 
        explosives or blasting agents, the applicant shall notify the 
        appropriate local fire official and law enforcement agency.  
           Sec. 7.  Minnesota Statutes 1992, section 299F.77, is 
        amended to read: 
           299F.77 [ISSUANCE TO CERTAIN PERSONS PROHIBITED.] 
           The following persons shall not be entitled to receive an 
        explosives license or permit: 
           (a) Any person who within the past five years has been 
        convicted of a felony or gross misdemeanor involving moral 
        turpitude, is on parole or probation therefor, or is currently 
        under indictment for any such crime a person under the age of 18 
        years; 
           (b) Any person with mental illness or mental retardation as 
        defined in section 253B.02 who has been confined or committed in 
        Minnesota or elsewhere for mental illness or mental retardation 
        to any hospital, mental institution or sanitarium, or who has 
        been certified by a medical doctor as being mentally ill or 
        mentally retarded, unless in possession of a certificate of a 
        medical doctor or psychiatrist licensed to practice in this 
        state, or other satisfactory proof, that the person no longer 
        has this disability a person who has been convicted in this 
        state or elsewhere of a crime of violence, as defined in section 
        299F.72, subdivision 1b, unless ten years have elapsed since the 
        person's civil rights have been restored or the sentence has 
        expired, whichever occurs first, and during that time the person 
        has not been convicted of any other crime of violence.  For 
        purposes of this section, crime of violence includes crimes in 
        other states or jurisdictions that would have been crimes of 
        violence if they had been committed in this state; 
           (c) Any person who is or has been hospitalized or committed 
        for treatment for the habitual use of a narcotic drug, as 
        defined in section 152.01, subdivision 10 or a controlled 
        substance, as defined in section 152.01, subdivision 4, or who 
        has been certified by a medical doctor as being addicted to 
        narcotic drugs or depressant or stimulant drugs, unless in 
        possession of a certificate of a medical doctor or psychiatrist 
        licensed to practice in this state, or other satisfactory proof, 
        that the person no longer has this disability a person who is or 
        has ever been confined or committed in Minnesota or elsewhere as 
        a "mentally ill," "mentally retarded," or "mentally ill and 
        dangerous to the public" person, as defined in section 253B.02, 
        to a treatment facility, unless the person possesses a 
        certificate of a medical doctor or psychiatrist licensed in 
        Minnesota, or other satisfactory proof, that the person is no 
        longer suffering from this disability; 
           (d) Any person who by reason of the habitual and excessive 
        use of intoxicating liquors is incapable of self-management or 
        management of personal affairs and who has been confined or 
        committed to any hospital, or treatment facility in this state 
        or elsewhere as a "chemically dependent person" as defined in 
        section 253B.02, or who has been certified by a medical doctor 
        as being addicted to alcohol, unless in possession of a 
        certificate of a medical doctor or psychiatrist licensed to 
        practice in this state, or other satisfactory proof, that the 
        person no longer has this disability a person who has been 
        convicted in Minnesota or elsewhere for the unlawful use, 
        possession, or sale of a controlled substance other than 
        conviction for possession of a small amount of marijuana, as 
        defined in section 152.01, subdivision 16, or who is or has ever 
        been hospitalized or committed for treatment for the habitual 
        use of a controlled substance or marijuana, as defined in 
        sections 152.01 and 152.02, unless the person possesses a 
        certificate of a medical doctor or psychiatrist licensed in 
        Minnesota, or other satisfactory proof, that the person has not 
        abused a controlled substance or marijuana during the previous 
        two years; and 
           (e) Any person under the age of 18 years a person who has 
        been confined or committed to a treatment facility in Minnesota 
        or elsewhere as "chemically dependent," as defined in section 
        253B.02, unless the person has completed treatment. 
           Sec. 8.  Minnesota Statutes 1992, section 299F.78, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENTS TO TRANSFER TRANSFERRING 
        EXPLOSIVES OR BLASTING AGENTS.] No person shall transfer 
        explosives or blasting agents to another unless the transferee 
        shall display to the transferor a copy of a valid license or use 
        permit and proper identification, and unless said transferee 
        shall present to the transferor a signed standardized form 
        provided by the commissioner of public safety, acknowledging 
        receipt of the quantity of explosives or blasting agents 
        transferred, the identifying numbers of the same explosives, or 
        if none, the identifying numbers of the primary container from 
        which the same explosives or blasting agents were distributed, 
        and the serial number of the use permit displayed, which receipt 
        shall be kept among the transferor's records until authorized to 
        dispose of it by the state fire marshal.  
           Sec. 9.  [299F.785] [BLACK POWDER.] 
           No person shall manufacture, assemble, warehouse, or store 
        black powder for purposes of wholesale or retail sale without 
        being licensed to do so by the commissioner of public safety.  
        The license shall be as prescribed by section 299F.73, 
        subdivision 2.  Persons who purchase more than five pounds of 
        black powder shall provide suitable identification to the 
        licensee and the licensee shall record the person's name and 
        date of birth, date of purchase, and amount purchased.  
        Additional information may be required by the commissioner.  The 
        records maintained by the licensee must be open to the 
        inspection of any peace officer acting in the normal course of 
        duties.  Persons shall notify the appropriate local fire 
        official before storing more than five pounds of black powder. 
           Sec. 10.  Minnesota Statutes 1992, section 299F.79, is 
        amended to read: 
           299F.79 [UNAUTHORIZED POSSESSION WITH INTENT OF COMPONENTS; 
        PENALTY.] 
           Whoever possesses one or more of the components necessary 
        to manufacture or assemble explosives or blasting agents, with 
        the intent to manufacture or assemble explosives or blasting 
        agents, unless said person shall have a valid license or permit 
        as provided by sections 299F.73 and 299F.75, may be sentenced to 
        imprisonment for not more than five years or payment of a fine 
        of not more than $10,000, or both.  
           Sec. 11.  Minnesota Statutes 1992, section 299F.80, is 
        amended to read: 
           299F.80 [UNAUTHORIZED POSSESSION OF EXPLOSIVES WITHOUT 
        PERMIT OR BLASTING AGENTS; PENALTY.] 
           Subdivision 1.  [POSSESSION WITHOUT LICENSE OR PERMIT.] 
        Except as provided in subdivision 2, whoever possesses 
        explosives or blasting agents without a valid license or permit 
        may be sentenced to imprisonment for not more than five years or 
        payment of a fine of not more than $10,000, or both.  
           Subd. 2.  [POSSESSION FOR LEGITIMATE PURPOSES; PENALTY.] 
        Whoever possesses dynamite or other explosives or blasting 
        agents commonly used for agricultural, forestry, conservation, 
        industry or mining purposes, without a valid license or permit, 
        with intent to use the same for legitimate agricultural, 
        forestry, conservation, industry or mining purposes, and in only 
        such quantities as are reasonably necessary for such intended 
        use, may be sentenced to imprisonment for not more than 90 days 
        or to a payment of a fine of not more than $300 $700, or both.  
           Sec. 12.  Minnesota Statutes 1992, section 299F.82, is 
        amended to read: 
           299F.82 [ILLEGAL TRANSFER.] 
           Subdivision 1.  [PENALTY.] Except as provided in 
        subdivision 2, whoever illegally transfers an explosive or 
        blasting agent to another may be sentenced to imprisonment for 
        not more than five years or payment of a fine of not more than 
        $10,000, or both.  
           Subd. 2.  [PENALTY; LEGITIMATE PURPOSES.] Whoever illegally 
        transfers dynamite or other explosives or blasting agents 
        commonly used for agricultural, forestry, conservation, industry 
        or mining purposes to another, personally known to the 
        transferrer transferor, in the belief that the same shall be 
        used for legitimate agricultural, forestry, conservation, 
        industry or mining purposes, and in only such quantities as are 
        reasonably necessary for such believed use, may be sentenced to 
        imprisonment for not more than 90 days or to payment of a fine 
        of not more than $300 $700, or both.  
           Sec. 13.  Minnesota Statutes 1992, section 299F.83, is 
        amended to read: 
           299F.83 [NEGLIGENT DISCHARGE.] 
           Whoever, acting with gross disregard for human life or 
        property, negligently causes an explosive, explosive device, or 
        incendiary device, or blasting agent to be discharged may be 
        sentenced to imprisonment for not more than ten years or payment 
        of a fine of not more than $20,000, or both.  
           Sec. 14.  [299F.831] [HANDLING WHILE INFLUENCED BY ALCOHOL 
        OR DRUG.] 
           Subdivision 1.  [PROHIBITION.] A person shall not handle or 
        use explosives or blasting agents while under the influence of 
        alcohol or controlled substances as defined by section 169.121, 
        subdivision 1. 
           Subd. 2.  [PENALTY.] Whoever handles or uses an explosive 
        or blasting agent while under the influence of alcohol or a 
        controlled substance is guilty of a misdemeanor and may be 
        sentenced to imprisonment for not more than 90 days or payment 
        of a fine of not more than $700, or both. 
           Sec. 15.  [609.668] [EXPLOSIVE AND INCENDIARY DEVICES.] 
           Subdivision 1.  [DEFINITIONS.] For purposes of this 
        section, the following terms have the meanings given them. 
           (a) "Explosive device" means a device so articulated that 
        an ignition by fire, friction, concussion, chemical reaction, or 
        detonation of any part of the device may cause such sudden 
        generation of highly heated gases that the resultant gaseous 
        pressures are capable of producing destructive effects.  
        Explosive devices include, but are not limited to, bombs, 
        grenades, rockets having a propellant charge of more than four 
        ounces, mines, and fireworks modified for other than their 
        intended purpose.  The term includes devices that produce a 
        chemical reaction that produces gas capable of bursting its 
        container and producing destructive effects.  The term does not 
        include firearms ammunition.  
           (b) "Incendiary device" means a device so articulated that 
        an ignition by fire, friction, concussion, detonation, or other 
        method may produce destructive effects primarily through 
        combustion rather than explosion.  The term does not include a 
        manufactured device or article in common use by the general 
        public that is designed to produce combustion for a lawful 
        purpose, including but not limited to matches, lighters, flares, 
        or devices commercially manufactured primarily for the purpose 
        of illumination, heating, or cooking.  The term does not include 
        firearms ammunition.  
           (c) "Crime of violence" has the meaning given in section 
        624.712, subdivision 5, and also includes a domestic assault 
        conviction when committed within the last three years or while 
        an order for protection is active against the person, whichever 
        period is longer.  
           Subd. 2.  [POSSESSION BY CERTAIN PERSONS PROHIBITED.] The 
        following persons are prohibited from possessing or reporting an 
        explosive device or incendiary device: 
           (a) a person under the age of 18 years; 
           (b) a person who has been convicted in this state or 
        elsewhere of a crime of violence unless ten years have elapsed 
        since the person's civil rights have been restored or the 
        sentence has expired, whichever occurs first, and during that 
        time the person has not been convicted of any other crime of 
        violence.  For purposes of this section, crime of violence 
        includes crimes in other states or jurisdictions that would have 
        been crimes of violence if they had been committed in this 
        state; 
           (c) a person who is or has ever been confined or committed 
        in Minnesota or elsewhere as a "mentally ill," "mentally 
        retarded," or "mentally ill and dangerous to the public" person, 
        as defined in section 253B.02, to a treatment facility, unless 
        the person possesses a certificate of a medical doctor or 
        psychiatrist licensed in Minnesota, or other satisfactory proof, 
        that the person is no longer suffering from this disability; 
           (d) a person who has been convicted in Minnesota or 
        elsewhere for the unlawful use, possession, or sale of a 
        controlled substance other than conviction for possession of a 
        small amount of marijuana, as defined in section 152.01, 
        subdivision 16, or who is or has ever been hospitalized or 
        committed for treatment for the habitual use of a controlled 
        substance or marijuana, as defined in sections 152.01 and 
        152.02, unless the person possesses a certificate of a medical 
        doctor or psychiatrist licensed in Minnesota, or other 
        satisfactory proof, that the person has not abused a controlled 
        substance or marijuana during the previous two years; 
           (e) a person who has been confined or committed to a 
        treatment facility in Minnesota or elsewhere as "chemically 
        dependent," as defined in section 253B.02, unless the person has 
        completed treatment; and 
           (f) a peace officer who is informally admitted to a 
        treatment facility under section 253B.04 for chemical 
        dependency, unless the officer possesses a certificate from the 
        head of the treatment facility discharging or provisionally 
        discharging the officer from the treatment facility. 
           A person who in good faith issues a certificate to a person 
        described in this subdivision to possess or use an incendiary or 
        explosive device is not liable for damages resulting or arising 
        from the actions or misconduct with an explosive or incendiary 
        device committed by the individual who is the subject of the 
        certificate. 
           Subd. 3.  [USES PERMITTED.] (a) The following persons may 
        own or possess an explosive device or incendiary device provided 
        that subdivision 4 is complied with: 
           (1) law enforcement officers for use in the course of their 
        duties; 
           (2) fire department personnel for use in the course of 
        their duties; 
           (3) corrections officers and other personnel at 
        correctional facilities or institutions when used for the 
        retention of persons convicted or accused of crime; 
           (4) persons possessing explosive devices or incendiary 
        devices that although designed as devices have been determined 
        by the commissioner of public safety or the commissioner's 
        delegate, by reason of the date of manufacture, value, design, 
        or other characteristics, to be a collector's item, relic, 
        museum piece, or specifically used in a particular vocation or 
        employment, such as the entertainment industry; and 
           (5) dealers and manufacturers who are federally licensed or 
        registered. 
           (b) Persons listed in paragraph (a) shall also comply with 
        the federal requirements for the registration and licensing of 
        destructive devices. 
           Subd. 4.  [REPORT REQUIRED.] (a) Before owning or 
        possessing an explosive device or incendiary device as 
        authorized by subdivision 3, a person shall file a written 
        report with the department of public safety showing the person's 
        name and address; the person's title, position, and type of 
        employment; a description of the explosive device or incendiary 
        device sufficient to enable identification of the device; the 
        purpose for which the device will be owned or possessed; the 
        federal license or registration number, if appropriate; and 
        other information as the department may require. 
           (b) Before owning or possessing an explosive device or 
        incendiary device, a dealer or manufacturer shall file a written 
        report with the department of public safety showing the name and 
        address of the dealer or manufacturer; the federal license or 
        registration number, if appropriate; the general type and 
        disposition of the device; and other information as the 
        department may require. 
           Subd. 5.  [EXCEPTIONS.] This section does not apply to: 
           (1) members of the armed forces of either the United States 
        or the state of Minnesota when for use in the course of duties; 
           (2) educational institutions when the devices are 
        manufactured or used in conjunction with an official education 
        course or program; 
           (3) propellant-actuated devices, or propellant-actuated 
        industrial tools manufactured, imported, or distributed for 
        their intended purpose; 
           (4) items that are neither designed or redesigned for use 
        as explosive devices or incendiary devices; 
           (5) governmental organizations using explosive devices or 
        incendiary devices for agricultural purposes or control of 
        wildlife; 
           (6) governmental organizations using explosive devices or 
        incendiary devices for official training purposes or as items 
        retained as evidence; or 
           (7) arsenals, navy yards, depots, or other establishments 
        owned by, or operated by or on behalf of, the United States. 
           Subd. 6.  [ACTS PROHIBITED; PENALTIES.] (a) Except as 
        otherwise provided in this section, whoever possesses, 
        manufactures, transports, or stores an explosive device or 
        incendiary device in violation of this section may be sentenced 
        to imprisonment for not more than ten years or to payment of a 
        fine of not more than $20,000, or both. 
           (b) Whoever legally possesses, manufactures, transports, or 
        stores an explosive device or incendiary device, with intent to 
        use the device to damage property or cause injury, may be 
        sentenced to imprisonment for not more than ten years or to 
        payment of a fine of not more than $20,000, or both. 
           (c) Whoever, acting with gross disregard for human life or 
        property, negligently causes an explosive device or incendiary 
        device to be discharged, may be sentenced to imprisonment for 
        not more than 20 years or to payment of a fine of not more than 
        $100,000, or both. 
           Subd. 7.  [INITIAL REPORTING.] All persons have 60 days 
        from the effective date of this section to report explosive 
        devices and incendiary devices to the department of public 
        safety.  
           Sec. 16.  Minnesota Statutes 1993 Supplement, section 
        609.902, subdivision 4, is amended to read: 
           Subd. 4.  [CRIMINAL ACT.] "Criminal act" means conduct 
        constituting, or a conspiracy or attempt to commit, a felony 
        violation of chapter 152, or a felony violation of section 
        297D.09; 299F.79; 299F.80; 299F.811; 299F.815; 299F.82; 609.185; 
        609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 
        609.2231; 609.228; 609.235; 609.245; 609.25; 609.27; 609.322; 
        609.323; 609.342; 609.343; 609.344; 609.345; 609.42; 609.48; 
        609.485; 609.495; 609.496; 609.497; 609.498; 609.52, subdivision 
        2, if the offense is punishable under subdivision 3, clause 
        (3)(b) or clause 3(d)(v) or (vi); section 609.52, subdivision 2, 
        clause (4); 609.53; 609.561; 609.562; 609.582, subdivision 1 or 
        2; 609.668, subdivision 6, paragraph (a); 609.67; 609.687; 
        609.713; 609.86; 624.713; or 624.74.  "Criminal act" also 
        includes conduct constituting, or a conspiracy or attempt to 
        commit, a felony violation of section 609.52, subdivision 2, 
        clause (3), (4), (15), or (16) if the violation involves an 
        insurance company as defined in section 60A.02, subdivision 4, a 
        nonprofit health service plan corporation regulated under 
        chapter 62C, a health maintenance organization regulated under 
        chapter 62D, or a fraternal benefit society regulated under 
        chapter 64B. 
           Sec. 17.  Minnesota Statutes 1992, section 624.21, is 
        amended to read: 
           624.21 [SALE, POSSESSION, AND USE OF FIREWORKS PROHIBITED.] 
           Except as otherwise provided in sections 624.20 to 624.25, 
        it shall be unlawful for any person to offer for sale, expose 
        for sale, sell at retail or wholesale, possess, advertise, use, 
        or explode any fireworks.  This section shall not be construed 
        to prohibit the possession, use, or explosion of fireworks by an 
        engineer licensed pursuant to sections 326.02 and 326.03 or a 
        person under the engineer's direct supervision when undertaking 
        acoustical testing; or sales at wholesale to those persons 
        holding valid permits for a fireworks display from a 
        governmental subdivision of the state; or sales outside the 
        state or sales to licensed professional engineers for acoustical 
        testing purposes only. 
           Sec. 18.  [REPEALER.] 
           Minnesota Statutes 1992, sections 299F.71; 299F.72, 
        subdivisions 3 and 4; 299F.78, subdivision 2; and 299F.815, 
        subdivision 2; Minnesota Statutes 1993 Supplement, sections 
        299F.811; and 299F.815, subdivision 1, are repealed. 
           Sec. 19.  [EFFECTIVE DATE.] 
           Sections 1 to 18 are effective August 1, 1994, and apply to 
        crimes committed on or after that date. 
                                   ARTICLE 6 
                                  CORRECTIONS 
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        241.021, subdivision 1, is amended to read: 
           Subdivision 1.  [SUPERVISION OVER CORRECTIONAL 
        INSTITUTIONS.] (1) The commissioner of corrections shall inspect 
        and license all correctional facilities throughout the state, 
        whether public or private, established and operated for the 
        detention and confinement of persons detained or confined 
        therein according to law except to the extent that they are 
        inspected or licensed by other state regulating agencies.  The 
        commissioner shall promulgate pursuant to chapter 14, rules 
        establishing minimum standards for these facilities with respect 
        to their management, operation, physical condition, and the 
        security, safety, health, treatment, and discipline of persons 
        detained or confined therein.  Commencing September 1, 1980, no 
        individual, corporation, partnership, voluntary association, or 
        other private organization legally responsible for the operation 
        of a correctional facility may operate the facility unless 
        licensed by the commissioner of corrections.  The commissioner 
        shall annually review the correctional facilities described in 
        this subdivision at least once every biennium, except as 
        otherwise provided herein, to determine compliance with the 
        minimum standards established pursuant to this subdivision.  The 
        commissioner shall grant a license to any facility found to 
        conform to minimum standards or to any facility which, in the 
        commissioner's judgment, is making satisfactory progress toward 
        substantial conformity and the interests and well-being of the 
        persons detained or confined therein are protected.  The 
        commissioner may grant licensure up to two years.  The 
        commissioner shall have access to the buildings, grounds, books, 
        records, staff, and to persons detained or confined in these 
        facilities.  The commissioner may require the officers in charge 
        of these facilities to furnish all information and statistics 
        the commissioner deems necessary, at a time and place designated 
        by the commissioner.  The commissioner may require that any or 
        all such information be provided through the department of 
        corrections detention information system.  
           (2) Any state agency which regulates, inspects, or licenses 
        certain aspects of correctional facilities shall, insofar as is 
        possible, ensure that the minimum standards it requires are 
        substantially the same as those required by other state agencies 
        which regulate, inspect, or license the same aspects of similar 
        types of correctional facilities, although at different 
        correctional facilities. 
           (3) Nothing in this section shall be construed to limit the 
        commissioner of corrections' authority to promulgate rules 
        establishing standards of eligibility for counties to receive 
        funds under sections 401.01 to 401.16, or to require counties to 
        comply with operating standards the commissioner establishes as 
        a condition precedent for counties to receive that funding. 
           (4) When the commissioner finds that any facility described 
        in clause (1), except foster care facilities for delinquent 
        children and youth as provided in subdivision 2, does not 
        substantially conform to the minimum standards established by 
        the commissioner and is not making satisfactory progress toward 
        substantial conformance, the commissioner shall promptly notify 
        the chief executive officer and the governing board of the 
        facility of the deficiencies and order that they be remedied 
        within a reasonable period of time.  The commissioner may by 
        written order restrict the use of any facility which does not 
        substantially conform to minimum standards to prohibit the 
        detention of any person therein for more than 72 hours at one 
        time.  When, after due notice and hearing, the commissioner 
        finds that any facility described in this subdivision, except 
        county jails and lockups as provided in sections 641.26, 642.10, 
        and 642.11, does not conform to minimum standards, or is not 
        making satisfactory progress toward substantial compliance 
        therewith, the commissioner may issue an order revoking the 
        license of that facility.  After revocation of its license, that 
        facility shall not be used until its license is renewed.  When 
        the commissioner is satisfied that satisfactory progress towards 
        substantial compliance with minimum standard is being made, the 
        commissioner may, at the request of the appropriate officials of 
        the affected facility supported by a written schedule for 
        compliance, grant an extension of time for a period not to 
        exceed one year. 
           (5) As used in this subdivision, "correctional facility" 
        means any facility, including a group home, having a residential 
        component, the primary purpose of which is to serve persons 
        placed therein by a court, court services department, parole 
        authority, or other correctional agency having dispositional 
        power over persons charged with, convicted, or adjudicated to be 
        guilty or delinquent. 
           Sec. 2.  Minnesota Statutes 1992, section 241.021, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FOSTER CARE FACILITIES FOR DELINQUENT CHILDREN 
        AND YOUTH; LICENSES; SUPERVISION.] Notwithstanding any 
        provisions in sections 256.01, subdivision 2, clause (2), 
        245A.03, and 245A.04, to the contrary, the commissioner of 
        corrections shall pass annually on the adequacy and suitability 
        of review all county, municipal or other publicly established 
        and operated facilities for the detention, care and training of 
        delinquent children and youth at least once every biennium, if 
        such facility conforms to reasonable standards established by 
        the commissioner or in the commissioner's judgment is making 
        satisfactory progress toward substantial conformity therewith, 
        and the commissioner is satisfied that the interests and 
        well-being of children and youth received therein are protected, 
        the commissioner shall grant a license to the county, 
        municipality or agency thereof operating such facility.  This 
        license shall remain in force one year unless sooner 
        revoked.  The commissioner may grant licensure up to two years.  
        Each such facility shall cooperate with the commissioner to make 
        available all facts regarding its operation and services as the 
        commissioner requires to determine its conformance to standards 
        and its competence to give the services needed and which 
        purports to give.  Every such facility as herein described is 
        subject to visitation and supervision by the commissioner and 
        shall receive from the commissioner consultation as needed to 
        strengthen services to the children and youth received therein. 
           Sec. 3.  Minnesota Statutes 1992, section 241.26, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PAYMENT OF BOARD AND ROOM.] The commissioner 
        shall determine the amount to be paid for board and room by such 
        work placement inmate.  When special circumstances warrant or 
        for just and reasonable cause, the commissioner may waive the 
        payment by the inmate of board and room charges and report such 
        waivers to the commissioner of finance. 
           Where a work placement inmate is housed in a jail or 
        workhouse, such board and room revenue shall be paid over to 
        such city or county official as provided for in subdivision 2, 
        provided however, that when payment of board and room has been 
        waived, the commissioner shall make such payments from funds 
        appropriated for that purpose. 
           Sec. 4.  [241.275] [PRODUCTIVE DAY INITIATIVE PROGRAMS; 
        CORRECTIONAL FACILITIES; HENNEPIN, RAMSEY, AND ST. LOUIS 
        COUNTIES.] 
           Subdivision 1.  [PROGRAM ESTABLISHMENT.] The counties of 
        Hennepin, Ramsey, and St. Louis shall each establish a 
        productive day initiative program in their correctional 
        facilities as described in this section.  The productive day 
        program shall be designed to motivate inmates in local 
        correctional facilities to develop basic life and work skills 
        through training and education, thereby creating opportunities 
        for inmates on release to achieve more successful integration 
        into the community.  
           Subd. 2.  [PROGRAM COMPONENTS.] The productive day 
        initiative programs shall include components described in 
        paragraphs (a) to (c).  
           (a) The initiative programs shall contain programs designed 
        to promote the inmate's self-esteem, self-discipline, and 
        economic self-sufficiency by providing structured training and 
        education with respect to basic life skills, including hygiene, 
        personal financial budgeting, literacy, and conflict management. 
           (b) The programs shall contain individualized educational, 
        vocational, and work programs designed to productively occupy an 
        inmate for at least eight hours a day.  
           (c) The program administrators shall develop correctional 
        industry programs, including marketing efforts to attract work 
        opportunities both inside correctional facilities and outside in 
        the community.  Program options may include expanding and 
        reorganizing on-site industry programs, locating off-site 
        industry work areas, and community service work programs.  To 
        develop innovative work programs, program administrators may 
        enlist members of the business and labor community to help 
        target possible productive enterprises for inmate work programs. 
           (d) Whenever inmates are assigned to work within the 
        correctional facility or with any state department or agency, 
        local unit of government, or other government subdivision, the 
        program administrator must certify to the appropriate bargaining 
        agent that work performed by inmates will not result in the 
        displacement of current employed workers or workers on seasonal 
        layoff or layoff from a substantially equivalent position, 
        including partial displacement such as reduction in hours of 
        work other than overtime work, wages, or other employment 
        benefits. 
           Subd. 3.  [ELIGIBILITY.] The administrators of each 
        productive day program shall develop criteria for inmate 
        eligibility for the program.  
           Subd. 4.  [EVALUATION.] The administrators of each of the 
        productive day initiative programs shall develop program 
        evaluation tools to monitor the success of the programs.  
           Subd. 5.  [REPORT.] Hennepin, Ramsey, and St. Louis 
        counties shall each report results of their evaluations to the 
        chairs of the house judiciary finance division and the senate 
        crime prevention finance division by July 1, 1996.  
           Sec. 5.  Minnesota Statutes 1993 Supplement, section 
        242.51, is amended to read: 
           242.51 [THE MINNESOTA CORRECTIONAL FACILITY-SAUK CENTRE.] 
           There is established the Minnesota correctional 
        facility-Sauk Centre at Sauk Centre, Minnesota, in which may be 
        placed persons committed to the commissioner of corrections by 
        the courts of this state who, in the opinion of the 
        commissioner, may benefit from the programs available thereat.  
        The general control and management of the facility shall be 
        under the commissioner of corrections. 
           The commissioner shall charge counties or other appropriate 
        jurisdictions for the actual per diem cost of confinement of 
        juveniles at the Minnesota correctional facility-Sauk Centre.  
           The commissioner shall annually determine costs making 
        necessary adjustments to reflect the actual costs of 
        confinement.  All money received under this section must be 
        deposited to the general fund. 
           Sec. 6.  Minnesota Statutes 1992, section 243.05, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONDITIONAL RELEASE.] The commissioner of 
        corrections may parole any person sentenced to confinement in 
        any state correctional facility for adults under the control of 
        the commissioner of corrections, provided that:  
           (a) no inmate serving a life sentence for committing murder 
        before May 1, 1980, other than murder committed in violation of 
        clause (1) of section 609.185 who has not been previously 
        convicted of a felony shall be paroled without having served 20 
        years, less the diminution that would have been allowed for good 
        conduct had the sentence been for 20 years; 
           (b) no inmate serving a life sentence for committing murder 
        before May 1, 1980, who has been previously convicted of a 
        felony or though not previously convicted of a felony is serving 
        a life sentence for murder in the first degree committed in 
        violation of clause (1) of section 609.185 shall be paroled 
        without having served 25 years, less the diminution which would 
        have been allowed for good conduct had the sentence been for 25 
        years; 
           (c) any inmate sentenced prior to September 1, 1963, who 
        would be eligible for parole had the inmate been sentenced after 
        September 1, 1963, shall be eligible for parole; and 
           (d) any new rule or policy or change of rule or policy 
        adopted by the commissioner of corrections which has the effect 
        of postponing eligibility for parole has prospective effect only 
        and applies only with respect to persons committing offenses 
        after the effective date of the new rule or policy or change.  
        Upon being paroled and released, an inmate is and remains in the 
        legal custody and under the control of the commissioner, subject 
        at any time to be returned to a facility of the department of 
        corrections established by law for the confinement or treatment 
        of convicted persons and the parole rescinded by the 
        commissioner.  The written order of the commissioner of 
        corrections, is sufficient authority for any peace officer or 
        state parole and probation agent to retake and place in actual 
        custody any person on parole or supervised release, but any 
        state parole and probation agent may, without order of warrant, 
        when it appears necessary in order to prevent escape or enforce 
        discipline, take and detain a parolee or person on supervised 
        release or work release to the commissioner for action.  The 
        written order of the commissioner of corrections is sufficient 
        authority for any peace officer or state parole and probation 
        agent to retake and place in actual custody any person on 
        probation under the supervision of the commissioner pursuant to 
        section 609.135, but any state parole and probation agent may, 
        without an order, when it appears necessary in order to prevent 
        escape or enforce discipline, retake and detain a probationer 
        and bring the probationer before the court for further 
        proceedings under section 609.14.  Persons conditionally 
        released, and those on probation under the supervision of the 
        commissioner of corrections pursuant to section 609.135 may be 
        placed within or outside the boundaries of the state at the 
        discretion of the commissioner of corrections or the court, and 
        the limits fixed for these persons may be enlarged or reduced 
        according to their conduct. 
           Except as otherwise provided in subdivision 1b, in 
        considering applications for conditional release or discharge, 
        the commissioner is not required to hear oral argument from any 
        attorney or other person not connected with an adult 
        correctional facility of the department of corrections in favor 
        of or against the parole or release of any inmates, but the 
        commissioner may institute inquiries by correspondence, taking 
        testimony or otherwise, as to the previous history, physical or 
        mental condition, and character of the inmate, and to that end 
        shall have authority to require the attendance of the chief 
        executive officer of any state adult correctional facility and 
        the production of the records of these facilities, and to compel 
        the attendance of witnesses.  The commissioner is authorized to 
        administer oaths to witnesses for these purposes. 
           Sec. 7.  Minnesota Statutes 1992, section 243.05, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [DETENTION OF FELONS WHO FLEE PENDING 
        SENTENCING.] The commissioner of corrections shall assist law 
        enforcement agencies in locating and taking into custody any 
        person who has been convicted of a felony for which a prison 
        sentence is presumed under the sentencing guidelines and 
        applicable statutes, and who absconds pending sentencing in 
        violation of the conditions of release imposed by the court 
        under rule 27.01 of the Rules of Criminal Procedure.  The 
        written order of the commissioner of corrections is sufficient 
        authority for any state parole and probation agent to take the 
        person into custody without a warrant and to take the person 
        before the court without further delay. 
           Sec. 8.  Minnesota Statutes 1992, section 243.05, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [VICTIM'S RIGHTS.] (a) This subdivision applies 
        to parole decisions relating to inmates convicted of first 
        degree murder who are described in subdivision 1, clauses (a) 
        and (b).  As used in this subdivision, "victim" means the murder 
        victim's surviving spouse or next of kin. 
           (b) The commissioner shall make reasonable efforts to 
        notify the victim, in advance, of the time and place of the 
        inmate's parole review hearing.  The victim has a right to 
        submit an oral or written statement at the review hearing.  The 
        statement may summarize the harm suffered by the victim as a 
        result of the crime and give the victim's recommendation on 
        whether the inmate should be paroled at that time.  The 
        commissioner must consider the victim's statement when making 
        the parole decision. 
           Sec. 9.  Minnesota Statutes 1992, section 243.18, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GOOD TIME REDUCTION OF SENTENCE.] Every 
        inmate sentenced before May 1, 1980, for any term other than 
        life, confined in a state adult correctional facility or on 
        parole therefrom, may diminish the maximum term of sentence one 
        day for each two days during which the inmate has not violated 
        any facility rule or discipline. 
           The commissioner of corrections, in view of the aggravated 
        nature and frequency of offenses, may take away any or all of 
        the good time previously gained, and, in consideration of 
        mitigating circumstances or ignorance on the part of the inmate, 
        may afterwards restore the inmate, in whole or in part, to the 
        standing the inmate possessed before such good time was taken 
        away. 
           Sec. 10.  Minnesota Statutes 1993 Supplement, section 
        243.18, subdivision 2, is amended to read: 
           Subd. 2.  [SANCTION FOR FAILURE TO WORK REQUIRED; GOOD 
        TIME.] This subdivision applies only to inmates whose crimes 
        were committed before August 1, 1993.  All inmates are required 
        to work.  An inmate for whom a who fails to perform an available 
        work assignment is available may shall be sanctioned either by 
        not earn earning good time under subdivision 1 or by serving a 
        disciplinary confinement period, as appropriate, for any day on 
        which the inmate does not perform the work assignment.  The 
        commissioner may excuse an inmate from work only for illness, 
        physical disability, or to participate in an education or 
        treatment program. 
           Sec. 11.  Minnesota Statutes 1992, section 243.23, 
        subdivision 2, is amended to read: 
           Subd. 2.  The commissioner may promulgate rules requiring 
        the inmates of adult correctional facilities under the 
        commissioner's control to pay all or a part of the cost of their 
        board, room, clothing, medical, dental and other correctional 
        services.  These costs are payable from any earnings of the 
        inmate, including earnings from private industry established at 
        state correctional facilities pursuant to section 243.88.  All 
        sums of money received pursuant to the payments made for 
        correctional services as authorized in this subdivision are 
        available for use by the commissioner during the current and 
        subsequent fiscal year, and are appropriated to the commissioner 
        of corrections for the purposes of the fund from which the 
        earnings were paid.  
           Sec. 12.  Minnesota Statutes 1992, section 243.24, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SOLE BENEFIT OF INMATE.] Any money arising 
        under section 243.23 shall be and remain under the control of 
        the commissioner of corrections and shall be for the sole 
        benefit of the inmate, unless by special order of the 
        commissioner of corrections it shall be used as designated in 
        section 243.23, subdivision subdivisions 2 and 3, or for 
        rendering assistance to the inmate's family or dependent 
        relatives, under such rules as to time, manner, and amount of 
        disbursements as the commissioner of corrections may prescribe.  
        Unless ordered disbursed as hereinbefore prescribed or for an 
        urgency determined in each case by the chief executive officer 
        of the facility, a portion of such earnings in an amount to be 
        determined by the commissioner shall be set aside and kept by 
        the facility in the public welfare fund of the state for the 
        benefit of the inmate and for the purpose of assisting the 
        inmate when leaving the facility and if released on parole said 
        sum to be disbursed to the inmate in such amounts and at such 
        times as the commissioner of corrections may authorize and on 
        final discharge, if any portion remains undisbursed, it shall be 
        transmitted to the inmate. 
           Sec. 13.  Minnesota Statutes 1993 Supplement, section 
        244.05, subdivision 5, is amended to read: 
           Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
        commissioner of corrections may, under rules promulgated by the 
        commissioner, give supervised release to an inmate serving a 
        mandatory life sentence under section 609.185, clause (1), (3), 
        (5), or (6); 609.346, subdivision 2a; or 609.385 after the 
        inmate has served the minimum term of imprisonment specified in 
        subdivision 4. 
           (b) The commissioner shall require the preparation of a 
        community investigation report and shall consider the findings 
        of the report when making a supervised release decision under 
        this subdivision.  The report shall reflect the sentiment of the 
        various elements of the community toward the inmate, both at the 
        time of the offense and at the present time.  The report shall 
        include the views of the sentencing judge, the prosecutor, any 
        law enforcement personnel who may have been involved in the 
        case, and any successors to these individuals who may have 
        information relevant to the supervised release decision.  The 
        report shall also include the views of the victim and the 
        victim's family unless the victim or the victim's family chooses 
        not to participate. 
           (c) The commissioner shall make reasonable efforts to 
        notify the victim, in advance, of the time and place of the 
        inmate's supervised release review hearing.  The victim has a 
        right to submit an oral or written statement at the review 
        hearing.  The statement may summarize the harm suffered by the 
        victim as a result of the crime and give the victim's 
        recommendation on whether the inmate should be given supervised 
        release at this time.  The commissioner must consider the 
        victim's statement when making the supervised release decision. 
           (d) As used in this subdivision, "victim" means the 
        individual who suffered harm as a result of the inmate's crime 
        or, if the individual is deceased, the deceased's surviving 
        spouse or next of kin. 
           Sec. 14.  Minnesota Statutes 1992, section 244.09, 
        subdivision 11, is amended to read: 
           Subd. 11.  [MODIFICATION.] The commission shall meet as 
        necessary for the purpose of modifying and improving the 
        guidelines.  Any modification which amends the sentencing 
        guidelines grid, including severity levels and criminal history 
        scores, or which would result in the reduction of any sentence 
        or in the early release of any inmate, with the exception of a 
        modification mandated or authorized by the legislature or 
        relating to a crime created or amended by the legislature in the 
        preceding session, shall be submitted to the legislature by 
        January 1 of any year in which the commission wishes to make the 
        change and shall be effective on August 1 of that year, unless 
        the legislature by law provides otherwise.  All other 
        modifications shall take effect according to the procedural 
        rules of the commission.  On or before January 1 of each year, 
        the commission shall submit a written report to the judiciary 
        committees of the senate and the house of representatives with 
        jurisdiction over criminal justice policy that identifies and 
        explains all modifications made during the preceding 12 months 
        and all proposed modifications that are being submitted to the 
        legislature that year. 
           Sec. 15.  Minnesota Statutes 1992, section 244.12, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERALLY.] The commissioner may order 
        that an offender who meets the eligibility requirements of 
        subdivisions 2 and 3 be placed on intensive community 
        supervision, as described in sections 244.14 and 244.15, for all 
        or part of the offender's sentence if the offender agrees to 
        participate in the program and if the commissioner notifies the 
        sentencing court approves in writing of the offender's 
        participation in the program.  
           Sec. 16.  Minnesota Statutes 1992, section 244.12, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ELIGIBILITY.] The commissioner must limit the 
        intensive community supervision program to the following persons:
           (1) offenders who are committed to the commissioner's 
        custody following revocation of a stayed sentence; and 
           (2) offenders who are committed to the commissioner's 
        custody for a sentence of 27 30 months or less, who did not 
        receive a dispositional departure under the sentencing 
        guidelines, and who have already served a period of 
        incarceration as a result of the offense for which they are 
        committed. 
           Sec. 17.  Minnesota Statutes 1992, section 244.13, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
        corrections shall establish programs for those designated by the 
        commissioner to serve all or part of a sentence on intensive 
        community supervision or all or part of a supervised release or 
        parole term on intensive supervised release.  The adoption and 
        modification of policies and procedures to implement sections 
        244.05, subdivision 6, and 244.12 to 244.15 are not subject to 
        the rulemaking procedures of chapter 14.  The commissioner shall 
        locate the programs so that at least one-half of the money 
        appropriated for the programs in each year is used for programs 
        in community corrections act counties.  In awarding contracts 
        for intensive supervision programs in community corrections act 
        counties, the commissioner shall give first priority to programs 
        that utilize county employees as intensive supervision agents 
        and shall give second priority to programs that utilize state 
        employees as intensive supervision agents.  The commissioner may 
        award contracts to other providers in community corrections act 
        counties only if doing so will result in a significant cost 
        savings or a significant increase in the quality of services 
        provided, and only after notifying the chairs of the judiciary 
        committees in the senate and house of representatives with 
        jurisdiction over criminal justice policy. 
           Sec. 18.  Minnesota Statutes 1992, section 244.13, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EVALUATION.] The commissioner shall develop a 
        system for gathering and analyzing information concerning the 
        value and effectiveness of the intensive community supervision 
        and intensive supervised release programs and shall compile a 
        report to the chairs of the committees in the senate and house 
        judiciary committees of representatives with jurisdiction over 
        criminal justice policy by January 1 of each odd-numbered year. 
           Sec. 19.  Minnesota Statutes 1992, section 244.15, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FACE-TO-FACE CONTACTS.] (a) During phase I, the 
        assigned intensive supervision agent shall have at least four 
        face-to-face contacts with the offender each week.  
           (b) During phase II, two face-to-face contacts a week are 
        required. 
           (c) During phase III, one face-to-face contact a week is 
        required. 
           (d) During phase IV, two face-to-face contacts a month are 
        required. 
           (e) When an offender is an inmate of a jail or a resident 
        of a facility which is staffed full time, the assigned agent may 
        reduce face-to-face contacts to one per week during all phases. 
           Sec. 20.  Minnesota Statutes 1992, section 244.172, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PHASE III.] Phase III lasts for the remainder of 
        the offender's sentence.  During phase III, the commissioner 
        shall place the offender on supervised release under section 
        244.05. continues until the commissioner determines that the 
        offender has successfully completed the program or until the 
        offender's sentence, minus jail credit, expires, whichever comes 
        first.  If an offender successfully completes phase III of the 
        challenge incarceration program before the offender's sentence 
        expires, the offender shall be placed on supervised release for 
        the remainder of the sentence.  The commissioner shall set the 
        level of the offender's supervision based on the public risk 
        presented by the offender. 
           Sec. 21.  Minnesota Statutes 1992, section 244.173, is 
        amended to read: 
           244.173 [CHALLENGE INCARCERATION PROGRAM; EVALUATION AND 
        REPORT.] 
           The commissioner shall file a report with the house and 
        senate judiciary committees by September 1, 1992, which sets 
        forth with specificity the program's design.  The commissioner 
        shall also develop a system for gathering and analyzing 
        information concerning the value and effectiveness of the 
        challenge incarceration program.  The commissioner shall report 
        to the legislature committees of the house of representatives 
        and senate with jurisdiction over criminal justice policy by 
        January 1, 1996, on the operation of the program. 
           Sec. 22.  Minnesota Statutes 1992, section 299A.35, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REPORT.] An applicant that receives a grant 
        under this section shall provide the commissioner with a summary 
        of how the grant funds were spent and the extent to which the 
        objectives of the program were achieved.  The commissioner shall 
        submit a written report to the legislature chairs of the 
        committees of the senate and house of representatives with 
        jurisdiction over criminal justice policy and funding of crime 
        prevention programs, by February 1 each year, based on the 
        information provided by applicants under this subdivision. 
           Sec. 23.  Minnesota Statutes 1993 Supplement, section 
        401.13, is amended to read: 
           401.13 [CHARGES MADE TO COUNTIES.] 
           Each participating county will be charged a sum equal to 
        the actual per diem cost of confinement of those juveniles 
        committed to the commissioner after August 1, 1973, and confined 
        in a state correctional facility.  Provided, however, that the 
        amount charged a participating county for the costs of 
        confinement shall not exceed the subsidy to which the county is 
        eligible.  The commissioner shall annually determine costs 
        making necessary adjustments to reflect the actual costs of 
        confinement.  However, in no case shall the percentage increase 
        in the amount charged to the counties exceed the percentage by 
        which the appropriation for the purposes of sections 401.01 to 
        401.16 was increased over the preceding biennium.  The 
        commissioner of corrections shall bill the counties and deposit 
        the receipts from the counties in the general fund.  All charges 
        shall be a charge upon the county of commitment. 
           Sec. 24.  Minnesota Statutes 1992, section 484.74, 
        subdivision 4, is amended to read: 
           Subd. 4.  [APPLICATION.] This section applies only to the 
        second and fourth judicial districts, which will serve as pilot 
        projects to evaluate the effectiveness of alternative forms of 
        resolving commercial and personal injury disputes.  The state 
        court administrator shall evaluate the pilot projects and report 
        the findings to the chairs of the house and senate judiciary 
        committees by January 15, 1991, in the case of the fourth 
        judicial district and by January 15, 1992, in the case of the 
        second judicial district. 
           Sec. 25.  Minnesota Statutes 1992, section 609.115, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PRESENTENCE INVESTIGATION.] When a 
        defendant has been convicted of a misdemeanor or gross 
        misdemeanor, the court may, and when the defendant has been 
        convicted of a felony, the court shall, before sentence is 
        imposed, cause a presentence investigation and written report to 
        be made to the court concerning the defendant's individual 
        characteristics, circumstances, needs, potentialities, criminal 
        record and social history, the circumstances of the offense and 
        the harm caused by it to others and to the community.  At the 
        request of the prosecutor in a gross misdemeanor case, the court 
        shall order that a presentence investigation and report be 
        prepared.  When the crime is a felony violation of chapter 152 
        involving the sale or distribution of a controlled substance, 
        the report shall include a description of any adverse social or 
        economic effects the offense has had on persons who reside in 
        the neighborhood where the offense was committed. 
           The report shall also include the information relating to 
        crime victims required under section 611A.037, subdivision 1.  
        If the court directs, the report shall include an estimate of 
        the prospects of the defendant's rehabilitation and 
        recommendations as to the sentence which should be imposed.  In 
        misdemeanor cases the report may be oral. 
           When a defendant has been convicted of a felony, and before 
        sentencing, the court shall cause a sentencing worksheet to be 
        completed to facilitate the application of the Minnesota 
        sentencing guidelines.  The worksheet shall be submitted as part 
        of the presentence investigation report.  
           The investigation shall be made by a probation officer of 
        the court, if there is one, otherwise by the commissioner of 
        corrections.  The officer conducting the presentence or 
        predispositional investigation shall make reasonable and good 
        faith efforts to contact the victim of that crime and to provide 
        that victim with the information required under section 
        611A.037, subdivision 2. 
           When a person is convicted of a felony for which the 
        sentencing guidelines presume that the defendant will be 
        committed to the commissioner of corrections under an executed 
        sentence and no motion for a sentencing departure has been made 
        by counsel, the court may, when there is no space available in 
        the local correctional facility, commit the defendant to the 
        custody of the commissioner of corrections, pending completion 
        of the presentence investigation and report.  When a defendant 
        is convicted of a felony for which the sentencing guidelines do 
        not presume that the defendant will be committed to the 
        commissioner of corrections, or for which the sentencing 
        guidelines presume commitment to the commissioner but counsel 
        has moved for a sentencing departure, the court may commit the 
        defendant to the commissioner with the consent of the 
        commissioner, pending completion of the presentence 
        investigation and report.  The commissioner county of commitment 
        shall return the defendant to the court when the court so orders.
           Presentence investigations shall be conducted and summary 
        hearings held upon reports and upon the sentence to be imposed 
        upon the defendant in accordance with this section, section 
        244.10, and the rules of criminal procedure. 
           Sec. 26.  Minnesota Statutes 1992, section 631.425, 
        subdivision 6, is amended to read: 
           Subd. 6.  [REDUCTION OF SENTENCE.] The term of the inmate's 
        sentence may be reduced by one-fourth, if in the opinion of the 
        court the inmate's conduct, diligence, and general attitude 
        merit reduction, whether the term is part of an executed 
        sentence or is imposed as a condition of probation, shall, when 
        ten days or more, be reduced by one day for each two days 
        served, commencing on the day of arrival, during which the 
        inmate has not violated any rule or discipline of the place 
        within which the person is incarcerated and, if required to 
        labor, has labored with diligence and fidelity. 
           Sec. 27.  Minnesota Statutes 1992, section 642.09, is 
        amended to read: 
           642.09 [INSPECTION; AGENT OF A BOARD OF HEALTH, SHERIFF.] 
           The agent of a board of health as authorized under section 
        145A.04 of every city having a lockup shall inspect the same 
        once a year, with reference to its sanitary condition, make a 
        written report thereof to the commissioner of corrections upon 
        blanks furnished by the commissioner, and deliver a copy of such 
        report to the governing body of such city.  Upon filing such 
        report the authorized agent shall receive from the treasurer of 
        such municipality a fee of $5.  The sheriff of any county in 
        which a municipality maintains a lockup shall inspect such 
        lockup once a year at least once every biennium with the 
        approval of the commissioner of corrections, with reference to 
        its security and administration, and make a written report 
        thereof to the commissioner of corrections upon blanks furnished 
        by the commissioner, and deliver a copy of such report to the 
        governing body of the municipality maintaining such lockup.  The 
        commissioner may grant licensure up to two years. 
           Sec. 28.  [APPLICATION.] 
           The intent of section 9 is to clarify the provisions of 
        Minnesota Statutes, section 243.18, subdivision 1. 
           Sec. 29.  Laws 1993, chapter 146, article 2, section 32, is 
        amended to read: 
           Sec. 32.  [EFFECTIVE DATE.] 
           Section 12 is effective the day following final enactment.  
        Sections 15 and 18 are effective July 1, 1994 of no effect. 
           Sec. 30.  [INMATE MENTAL HEALTH TRAINING STUDY.] 
           Subdivision 1.  [STUDY.] The commissioners of corrections 
        and human services shall convene a group to evaluate current 
        training programs and practices relating to appropriate 
        identification, care, and treatment of inmates who are mentally 
        ill for correctional staff who have direct contact with 
        inmates.  The study group shall determine whether current 
        practices are appropriate and sufficient to help correctional 
        staff identify and understand mental illness and treatment 
        issues.  By December 15, 1994, the study group shall: 
           (1) make a specific recommendation whether correctional 
        staff who have direct contact with inmates should be required to 
        attend continuing education on mental health issues; and 
           (2) develop a plan for addressing inmate mental health 
        issues, including early intervention. 
           Subd. 2.  [PARTICIPANTS.] In convening the study group, the 
        commissioners shall include representatives of the following: 
           (1) the ombudsman for corrections; 
           (2) the ombudsman for mental health and mental retardation; 
           (3) mental health experts; 
           (4) mental health advocates; 
           (5) inmate advocates; and 
           (6) correctional officers. 
           Sec. 31.  [INMATE HIV/AIDS TRAINING STUDY.] 
           Subdivision 1.  [STUDY.] The commissioners of corrections 
        and health shall convene a group to evaluate current training 
        programs and practices relating to appropriate identification, 
        care, and treatment of inmates who are affected with HIV/AIDS 
        for correctional staff who have direct contact with inmates.  
        The study group shall determine whether current practices are 
        appropriate and sufficient to help correctional staff identify 
        and understand HIV/AIDS issues.  By December 15, 1994, the study 
        group shall: 
           (1) make a specific recommendation whether correctional 
        staff who have direct contact with inmates should be required to 
        attend continuing education on HIV/AIDS issues; and 
           (2) develop a plan for addressing inmate HIV/AIDS issues, 
        including prevention and education, early intervention, health 
        care, release preparations, and risks of discrimination and 
        harassing treatment. 
           Subd. 2.  [PARTICIPANTS.] In convening the study group, the 
        commissioners shall include representatives of the following: 
           (1) the ombudsman for corrections; 
           (2) HIV/AIDS advocates; 
           (3) inmate advocates; and 
           (4) correctional officers. 
           Sec. 32.  [INMATE CONTRIBUTION TO COSTS OF CONFINEMENT.] 
           The commissioner of corrections shall make recommendations 
        concerning requiring an inmate of a correctional facility under 
        the commissioner's management and control who has assets 
        exclusive of any child support and restitution obligations or 
        victims' damages to contribute to the cost of the inmate's 
        confinement.  The commissioner shall submit recommendations to 
        the chairs of the house of representatives judiciary committee 
        and the senate crime prevention committee by December 15, 1994. 
           Sec. 33.  [INSTRUCTION TO REVISOR.] 
           (a) The revisor of statutes shall renumber Minnesota 
        Statutes 1992, section 243.18, subdivision 1 as section 244.04, 
        subdivision 1a; and shall change the headnote of Minnesota 
        Statutes 1992, section 243.18 from "DIMINUTION OF SENTENCE" to 
        "WORK REQUIRED." 
           (b) In the next and subsequent editions of Minnesota 
        Statutes, the revisor of statutes shall change the terms 
        "correctional counselor" and "correctional guard" or "guard" to 
        "correctional officer" wherever those terms appear in chapters 
        241, 243, and 244, in reference to employees of a state 
        correctional facility. 
           Sec. 34.  [REPEALER.] 
           Minnesota Statutes 1993 Supplement, section 243.18, 
        subdivision 3, is repealed. 
           Sec. 35.  [EFFECTIVE DATE.] 
           Sections 30 and 31 are effective the day following final 
        enactment. 
                                   ARTICLE 7
                                 CRIME VICTIMS
           Section 1.  Minnesota Statutes 1992, section 611A.036, is 
        amended to read: 
           611A.036 [PROHIBITION AGAINST EMPLOYER RETALIATION.] 
           An employer or employer's agent who threatens to discharge 
        or discipline a victim or witness, or who discharges, 
        disciplines, or causes a victim or witness to be discharged from 
        employment or disciplined because the victim or the witness is 
        subpoenaed or requested by the prosecutor to attend court for 
        the purpose of giving testimony, is guilty of a misdemeanor and 
        may be punished for contempt of court.  In addition, the court 
        shall order the employer to offer job reinstatement to any 
        victim or witness discharged from employment in violation of 
        this section, and to pay the victim or witness back wages as 
        appropriate. 
           Sec. 2.  [611A.0385] [SENTENCING; IMPLEMENTATION OF RIGHT 
        TO NOTICE OF OFFENDER RELEASE.] 
           At the time of sentencing or the disposition hearing in a 
        case in which there is an identifiable victim, the court or its 
        designee shall make reasonable good faith efforts to inform each 
        affected victim of the offender notice of release provisions of 
        section 611A.06.  If the victim is a minor, the court or its 
        designee shall, if appropriate, also make reasonable good faith 
        efforts to inform the victim's parent or guardian of the right 
        to notice of release.  The state court administrator, in 
        consultation with the commissioner of corrections, shall prepare 
        a form that outlines the notice of release provisions under 
        section 611A.06 and describes how a victim should complete and 
        submit a request to the commissioner of corrections or other 
        custodial authority to be informed of an offender's release.  
        The state court administrator shall make these forms available 
        to court administrators who shall assist the court in 
        disseminating right to notice of offender release information to 
        victims. 
           Sec. 3.  Minnesota Statutes 1993 Supplement, section 
        611A.04, subdivision 1, is amended to read: 
           Subdivision 1.  [REQUEST; DECISION.] (a) A victim of a 
        crime has the right to receive restitution as part of the 
        disposition of a criminal charge or juvenile delinquency 
        proceeding against the offender if the offender is convicted or 
        found delinquent.  The court, or a person or agency designated 
        by the court, shall request information from the victim to 
        determine the amount of restitution owed.  The court or its 
        designee shall obtain the information from the victim in 
        affidavit form or by other competent evidence.  Information 
        submitted relating to restitution must describe the items or 
        elements of loss, itemize the total dollar amounts of 
        restitution claimed, and specify the reasons justifying these 
        amounts, if restitution is in the form of money or property.  A 
        request for restitution may include, but is not limited to, any 
        out-of-pocket losses resulting from the crime, including medical 
        and therapy costs, replacement of wages and services, and 
        funeral expenses.  An actual or prospective civil action 
        involving the alleged crime shall not be used by the court as a 
        basis to deny a victim's right to obtain court ordered 
        restitution under this section.  In order to be considered at 
        the sentencing or dispositional hearing, all information 
        regarding restitution must be received by the court 
        administrator of the appropriate court at least three business 
        days before the sentencing or dispositional hearing.  The court 
        administrator shall provide copies of this request to the 
        prosecutor and the offender or the offender's attorney at least 
        24 hours before the sentencing or dispositional hearing.  The 
        issue of restitution may be reserved or the sentencing 
        or disposition dispositional hearing or hearing on the 
        restitution request may be continued if the victim's affidavit 
        or other competent evidence submitted by the victim is not 
        received in time.  At the sentencing or dispositional hearing, 
        the court shall give the offender an opportunity to respond to 
        specific items of restitution and their dollar amounts in 
        accordance with the procedures established in section 611A.045, 
        subdivision 3.  
           (b) The court may amend or issue an order of restitution 
        after the sentencing or dispositional hearing if: 
           (1) the offender is on probation, committed to the 
        commissioner of corrections, or on supervised release; 
           (2) information regarding restitution was submitted as 
        required under paragraph (a); and 
           (3) the true extent of the victim's loss was not known at 
        the time of the sentencing or dispositional hearing, or hearing 
        on the restitution request. 
           If the court holds a hearing on the restitution request, 
        the court must notify the offender, the offender's attorney, the 
        victim, and the prosecutor at least five business days before 
        the hearing.  The court's restitution decision is governed by 
        this section and section 611A.045. 
           (c) The court shall grant or deny restitution or partial 
        restitution and shall state on the record its reasons for its 
        decision on restitution if information relating to restitution 
        has been presented.  If the court grants partial restitution it 
        shall also specify the full amount of restitution that may be 
        docketed as a civil judgment under subdivision 3.  The court may 
        not require that the victim waive or otherwise forfeit any 
        rights or causes of action as a condition of granting 
        restitution or partial restitution.  In the case of a defendant 
        who is on probation, the court may not refuse to enforce an 
        order for restitution solely on the grounds that the order has 
        been docketed as a civil judgment.  
           Sec. 4.  Minnesota Statutes 1992, section 611A.045, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DISPUTE; EVIDENTIARY BURDEN; PROCEDURES.] At the 
        sentencing, dispositional hearing, or hearing on the restitution 
        request, the offender shall have the burden to produce evidence 
        if the offender intends to challenge the amount of restitution 
        or specific items of restitution or their dollar amounts.  This 
        burden of production must include a detailed sworn affidavit of 
        the offender setting forth all challenges to the restitution or 
        items of restitution, and specifying all reasons justifying 
        dollar amounts of restitution which differ from the amounts 
        requested by the victim or victims.  The affidavit must be 
        served on the prosecuting attorney and the court at least five 
        business days before the hearing.  A dispute as to the proper 
        amount or type of restitution must be resolved by the court by 
        the preponderance of the evidence.  The burden of demonstrating 
        the amount of loss sustained by a victim as a result of the 
        offense and the appropriateness of a particular type of 
        restitution is on the prosecution.  
           Sec. 5.  Minnesota Statutes 1993 Supplement, section 
        611A.06, subdivision 1, is amended to read: 
           Subdivision 1.  [NOTICE OF RELEASE REQUIRED.] The 
        commissioner of corrections or other custodial authority shall 
        make a good faith effort to notify the victim that the offender 
        is to be released from imprisonment or incarceration, including 
        release on extended furlough and for work release; released from 
        a juvenile correctional facility; released from a facility in 
        which the offender was confined due to incompetency, mental 
        illness, or mental deficiency, or commitment under section 
        253B.18; or transferred to a minimum security setting if the 
        offender's custody status is reduced, if the victim has mailed 
        to the commissioner of corrections or to the head of the 
        facility in which the offender is confined a written request for 
        this notice.  The good faith effort to notify the victim must 
        occur prior to the offender's release, transfer, or change in 
        security when the offender's custody status is reduced.  For a 
        victim of a felony crime against the person for which the 
        offender was sentenced to imprisonment for more than 18 months, 
        the good faith effort to notify the victim must occur 60 days 
        before the offender's release, transfer, or change to minimum 
        security status. 
           Sec. 6.  Minnesota Statutes 1992, section 611A.19, is 
        amended to read: 
           611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 
        VIRUS.] 
           Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) The 
        sentencing court may issue an order requiring a person convicted 
        of a violent crime, as defined in section 609.152, or a juvenile 
        adjudicated delinquent for violating section 609.342, 609.343, 
        609.344, or 609.345, to submit to testing to determine the 
        presence of human immunodeficiency virus (HIV) antibody if:  
           (1) the prosecutor moves for the test order in camera; 
           (2) the victim requests the test; and 
           (3) evidence exists that the broken skin or mucous membrane 
        of the victim was exposed to or had contact with the offender's 
        semen or blood during commission of the crime in a manner which 
        has been demonstrated epidemiologically to transmit the HIV 
        virus.  
           (b) If the court grants the prosecutor's motion, the court 
        shall order that the test be performed by an appropriate health 
        professional who is trained to provide the counseling described 
        in section 144.763, and that no reference to the test, the 
        motion requesting the test, the test order, or the test results 
        may appear in the criminal record or be maintained in any record 
        of the court or court services.  
           Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
        results of any a test performed under subdivision 1 are private 
        data as defined in section 13.02, subdivision 12, when 
        maintained by a person subject to chapter 13, or may be released 
        only with the subject's consent, if maintained by a person not 
        subject to chapter 13.  The results are available, on request, 
        to the victim or, if the victim is a minor, to the victim's 
        parent or guardian and positive test results shall be reported 
        to the commissioner of health.  Any test results given to a 
        victim or victim's parent or guardian shall be provided by a 
        health professional who is trained to provide the counseling 
        described in section 144.763.  Data regarding administration and 
        results of the test are not accessible to any other person for 
        any purpose and shall not be maintained in any record of the 
        court or court services or any other record.  After the test 
        results are given to the victim or the victim's parent or 
        guardian, data on the test must be removed from any medical data 
        or health records maintained under section 13.42 or 144.335 and 
        destroyed. 
           Sec. 7.  Minnesota Statutes 1993 Supplement, section 
        611A.52, subdivision 8, is amended to read: 
           Subd. 8.  [ECONOMIC LOSS.] "Economic loss" means actual 
        economic detriment incurred as a direct result of injury or 
        death.  
           (a) In the case of injury the term is limited to:  
           (1) reasonable expenses incurred for necessary medical, 
        chiropractic, hospital, rehabilitative, and dental products, 
        services, or accommodations, including ambulance services, 
        drugs, appliances, and prosthetic devices; 
           (2) reasonable expenses associated with recreational 
        therapy where a claimant has suffered amputation of a limb; 
           (3) reasonable expenses incurred for psychological or 
        psychiatric products, services, or accommodations, not to exceed 
        an amount to be set by the board, where the nature of the injury 
        or the circumstances of the crime are such that the treatment is 
        necessary to the rehabilitation of the victim, subject to the 
        following limitations:  
           (i) if treatment is likely to continue longer than six 
        months after the date the claim is filed and the cost of the 
        additional treatment will exceed $1,500, or if the total cost of 
        treatment in any case will exceed $4,000, the provider shall 
        first submit to the board a plan which includes the measurable 
        treatment goals, the estimated cost of the treatment, and the 
        estimated date of completion of the treatment.  Claims submitted 
        for treatment that was provided more than 30 days after the 
        estimated date of completion may be paid only after advance 
        approval by the board of an extension of treatment; and 
           (ii) the board may, in its discretion, elect to pay claims 
        under this clause on a quarterly basis; 
           (4) loss of income that the victim would have earned had 
        the victim not been injured; 
           (5) reasonable expenses incurred for substitute child care 
        or household services to replace those the victim would have 
        performed had the victim not been injured.  As used in this 
        clause, "child care services" means services provided by 
        facilities licensed under and in compliance with either 
        Minnesota Rules, parts 9502.0315 to 9502.0445, or 9545.0510 to 
        9545.0670, or exempted from licensing requirements pursuant to 
        section 245A.03.  Licensed facilities must be paid at a rate not 
        to exceed their standard rate of payment.  Facilities exempted 
        from licensing requirements must be paid at a rate not to exceed 
        $3 an hour per child for daytime child care or $4 an hour per 
        child for evening child care; and 
           (6) reasonable expenses actually incurred to return a child 
        who was a victim of a crime under section 609.25 or 609.26 to 
        the child's parents or lawful custodian.  These expenses are 
        limited to transportation costs, meals, and lodging from the 
        time the child was located until the child was returned home.  
           (b) In the case of death the term is limited to:  
           (1) reasonable expenses actually incurred for funeral, 
        burial, or cremation, not to exceed an amount to be determined 
        by the board on the first day of each fiscal year; 
           (2) reasonable expenses for medical, chiropractic, 
        hospital, rehabilitative, psychological and psychiatric 
        services, products or accommodations which were incurred prior 
        to the victim's death and for which the victim's survivors or 
        estate are liable; 
           (3) loss of support, including contributions of money, 
        products or goods, but excluding services which the victim would 
        have supplied to dependents if the victim had lived; and 
           (4) reasonable expenses incurred for substitute child care 
        and household services to replace those which the victim would 
        have performed for the benefit of dependents if the victim had 
        lived.  
           Claims for loss of support for minor children made under 
        clause (3) must be paid for three years or until the child 
        reaches 18 years old, whichever is the shorter period.  After 
        three years, if the child is younger than 18 years old a claim 
        for loss of support may be resubmitted to the board, and the 
        board staff shall evaluate the claim giving consideration to the 
        child's financial need and to the availability of funds to the 
        board.  Claims for loss of support for a spouse made under 
        clause (3) shall also be reviewed at least once every three 
        years.  The board staff shall evaluate the claim giving 
        consideration to the spouse's financial need and to the 
        availability of funds to the board.  
           Claims for substitute child care services made under clause 
        (4) must be limited to the actual care that the deceased victim 
        would have provided to enable surviving family members to pursue 
        economic, educational, and other activities other than 
        recreational activities.  
           Sec. 8.  Minnesota Statutes 1992, section 611A.53, 
        subdivision 2, is amended to read: 
           Subd. 2.  No reparations shall be awarded to a claimant 
        otherwise eligible if:  
           (a) the crime was not reported to the police within five 30 
        days of its occurrence or, if it could not reasonably have been 
        reported within that period, within five 30 days of the time 
        when a report could reasonably have been made.  A victim of 
        criminal sexual conduct in the first, second, third, or fourth 
        degree who does not report the crime within five 30 days of its 
        occurrence is deemed to have been unable to have reported it 
        within that period; 
           (b) the victim or claimant failed or refused to cooperate 
        fully with the police and other law enforcement officials; 
           (c) the victim or claimant was the offender or an 
        accomplice of the offender or an award to the claimant would 
        unjustly benefit the offender or an accomplice; 
           (d) the victim or claimant was in the act of committing a 
        crime at the time the injury occurred; 
           (e) no claim was filed with the board within one year two 
        years of victim's injury or death; except that (1) if the 
        claimant was unable to file a claim within that period, then the 
        claim can be made within one year two years of the time when a 
        claim could have been filed; and (2) if the victim's injury or 
        death was not reasonably discoverable within one year two years 
        of the injury or death, then the claim can be made within one 
        year two years of the time when the injury or death is 
        reasonably discoverable.  The following circumstances do not 
        render a claimant unable to file a claim for the purposes of 
        this clause:  (1) lack of knowledge of the existence of the 
        Minnesota crime victims reparations act, (2) the failure of a 
        law enforcement agency to provide information or assistance to a 
        potential claimant under section 611A.66, (3) the incompetency 
        of the claimant if the claimant's affairs were being managed 
        during that period by a guardian, guardian ad litem, 
        conservator, authorized agent, or parent, or (4) the fact that 
        the claimant is not of the age of majority; or 
           (f) the claim is less than $50.  
           The limitations contained in clauses (a) and (e) do not 
        apply to victims of domestic child abuse as defined in section 
        260.015, subdivision 24.  In those cases the one two-year 
        limitation period commences running with the report of the crime 
        to the police; provided that no claim as a result of loss due to 
        domestic child abuse may be paid when the claimant is 21 years 
        of age or older at the time the claim is filed. 
                                   ARTICLE 8 
                              JUDICIAL PROVISIONS 
           Section 1.  Minnesota Statutes 1992, section 2.722, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DESCRIPTION.] Effective July 1, 1959, the 
        state is divided into ten judicial districts composed of the 
        following named counties, respectively, in each of which 
        districts judges shall be chosen as hereinafter specified: 
           1.  Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 
        Sibley; 27 28 judges; and four permanent chambers shall be 
        maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 
        other shall be maintained at the place designated by the chief 
        judge of the district; 
           2.  Ramsey; 24 judges; 
           3.  Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 
        Waseca, Freeborn, Mower, and Fillmore; 22 judges; and permanent 
        chambers shall be maintained in Faribault, Albert Lea, Austin, 
        Rochester, and Winona; 
           4.  Hennepin; 54 57 judges; 
           5.  Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 
        Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 
        Martin, and Jackson; 17 judges; and permanent chambers shall be 
        maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato; 
           6.  Carlton, St. Louis, Lake, and Cook; 15 judges; 
           7.  Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 
        Stearns, Todd, Clay, Becker, and Wadena; 20 22 judges; and 
        permanent chambers shall be maintained in Moorhead, Fergus 
        Falls, Little Falls, and St. Cloud; 
           8.  Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 
        Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 
        Traverse, and Wilkin; 11 judges; and permanent chambers shall be 
        maintained in Morris, Montevideo, and Willmar; 
           9.  Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 
        Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 
        Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 
        20 judges; and permanent chambers shall be maintained in 
        Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 
        and International Falls; 
           10.  Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 
        Chisago, and Washington; 32 34 judges; and permanent chambers 
        shall be maintained in Anoka, Stillwater, and other places 
        designated by the chief judge of the district. 
           Sec. 2.  Minnesota Statutes 1992, section 253B.19, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PETITION; HEARING.] The committed person or the 
        county attorney of the county from which a patient as mentally 
        ill and dangerous to the public was committed may petition the 
        appeal panel for a rehearing and reconsideration of a decision 
        by the commissioner.  The petition shall be filed with the 
        supreme court within 30 days after the decision of the 
        commissioner.  The supreme court shall refer the petition to the 
        chief judge of the appeal panel.  The chief judge shall notify 
        the patient, the county attorney of the county of commitment, 
        the designated agency, the commissioner, the head of the 
        treatment facility, any interested person, and other persons the 
        chief judge designates, of the time and place of the hearing on 
        the petition.  The notice shall be given at least 14 days prior 
        to the date of the hearing.  The hearing shall be within 45 days 
        of the filing of the petition.  Any person may oppose the 
        petition.  The appeal panel may appoint examiners and may 
        adjourn the hearing from time to time.  It shall hear and 
        receive all relevant testimony and evidence and make a record of 
        all proceedings.  The patient, patient's counsel, and the county 
        attorney of the committing county may be present and present and 
        cross-examine all witnesses.  The petitioning party bears the 
        burden of going forward with the evidence.  The party opposing 
        discharge bears the burden of proof by clear and convincing 
        evidence that the respondent is in need of commitment. 
           Sec. 3.  Minnesota Statutes 1993 Supplement, section 
        357.021, subdivision 2, is amended to read: 
           Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
        collected by the court administrator shall be as follows: 
           (1) In every civil action or proceeding in said court, the 
        plaintiff, petitioner, or other moving party shall pay, when the 
        first paper is filed for that party in said action, a fee of 
        $122. 
           The defendant or other adverse or intervening party, or any 
        one or more of several defendants or other adverse or 
        intervening parties appearing separately from the others, shall 
        pay, when the first paper is filed for that party in said 
        action, a fee of $122. 
           The party requesting a trial by jury shall pay $75. 
           The fees above stated shall be the full trial fee 
        chargeable to said parties irrespective of whether trial be to 
        the court alone, to the court and jury, or disposed of without 
        trial, and shall include the entry of judgment in the action, 
        but does not include copies or certified copies of any papers so 
        filed or proceedings under chapter 103E, except the provisions 
        therein as to appeals. 
           (2) Certified copy of any instrument from a civil or 
        criminal proceeding, $5, plus 25 cents per page after the first 
        page $10, and $3.50, plus 25 cents per page after the first 
        page $5 for an uncertified copy. 
           (3) Issuing a subpoena, $3 for each name. 
           (4) Issuing an execution and filing the return thereof; 
        issuing a writ of attachment, injunction, habeas corpus, 
        mandamus, quo warranto, certiorari, or other writs not 
        specifically mentioned, $10. 
           (5) Issuing a transcript of judgment, or for filing and 
        docketing a transcript of judgment from another court, $7.50. 
           (6) Filing and entering a satisfaction of judgment, partial 
        satisfaction, or assignment of judgment, $5. 
           (7) Certificate as to existence or nonexistence of 
        judgments docketed, $5 for each name certified to. 
           (8) Filing and indexing trade name; or recording basic 
        science certificate; or recording certificate of physicians, 
        osteopaths, chiropractors, veterinarians, or optometrists, $5. 
           (9) For the filing of each partial, final, or annual 
        account in all trusteeships, $10. 
           (10) For the deposit of a will, $5. 
           (11) For recording notary commission, $25, of which, 
        notwithstanding subdivision 1a, paragraph (b), $20 must be 
        forwarded to the state treasurer to be deposited in the state 
        treasury and credited to the general fund. 
           (12) When a defendant pleads guilty to or is sentenced for 
        a petty misdemeanor other than a parking violation, the 
        defendant shall pay a fee of $11. 
           (13) Filing a motion or response to a motion for 
        modification of child support, a fee fixed by rule or order of 
        the supreme court.  
           (14) All other services required by law for which no fee is 
        provided, such fee as compares favorably with those herein 
        provided, or such as may be fixed by rule or order of the court. 
           The fees in clauses (3) and (4) need not be paid by a 
        public authority or the party the public authority represents. 
           Sec. 4.  Minnesota Statutes 1992, section 357.22, is 
        amended to read: 
           357.22 [WITNESSES.] 
           The fees to be paid to witnesses shall be as follows: 
           (1) For attending in any action or proceeding in any court 
        or before any officer, person, or board authorized to take the 
        examination of witnesses, $10 $20 for each day; 
           (2) For travel to and from the place of attendance, to be 
        estimated from the witness's residence, if within the state, or 
        from the boundary line of the state where the witness crossed 
        it, if without the state, 24 28 cents per mile. 
           No person is obliged to attend as a witness in any civil 
        case unless one day's attendance and travel fees are paid or 
        tendered the witness in advance. 
           Sec. 5.  Minnesota Statutes 1993 Supplement, section 
        357.24, is amended to read: 
           357.24 [CRIMINAL CASES.] 
           Witnesses for the state in criminal cases and witnesses 
        attending on behalf of any defendant represented by a public 
        defender or an attorney performing public defense work for a 
        public defense corporation under section 611.216, shall receive 
        the same fees for travel and attendance as provided in section 
        357.22.  Judges also may allow like fees to witnesses attending 
        in behalf of any other defendant.  In addition these witnesses 
        shall receive reasonable expenses actually incurred for meals, 
        loss of wages and child care, not to exceed $40 $60 per day.  
        When a defendant is represented by a public defender or an 
        attorney performing public defense work for a public defense 
        corporation under section 611.216, neither the defendant nor the 
        public defender shall be charged for any subpoena fees or for 
        service of subpoenas by a public official.  The compensation and 
        reimbursement shall be paid out of the county treasury.  
           Sec. 6.  Minnesota Statutes 1992, section 357.241, is 
        amended to read: 
           357.241 [JUVENILE COURT WITNESSES.] 
           Witnesses in juvenile proceedings shall receive the same 
        fees for travel and attendance as provided in section 357.22.  
        In addition these witnesses shall receive reasonable expenses 
        actually incurred for meals, loss of wages, and child care, not 
        to exceed $40 $60 per day. 
           Sec. 7.  Minnesota Statutes 1992, section 357.242, is 
        amended to read: 
           357.242 [PARENTS OF JUVENILES.] 
           In any proceeding where a parent or guardian attends the 
        proceeding with a minor witness and the parent or guardian is 
        not a witness, one parent or guardian shall be compensated in 
        those cases where witness compensation is mandatory under 
        section 357.22, 357.24, or 357.241, and may be compensated at 
        the discretion of the judge when the minor is a witness on 
        behalf of a defendant in a criminal case or on behalf of a 
        juvenile in a juvenile court proceeding.  The court shall award 
        no more than a combined total of $40 $60 to the parent or 
        guardian and the minor witness. 
           Sec. 8.  Minnesota Statutes 1993 Supplement, section 
        480.30, is amended to read: 
           480.30 [JUDICIAL TRAINING ON DOMESTIC ABUSE, HARASSMENT, 
        AND STALKING.] 
           The supreme court's judicial education program must include 
        ongoing training for district court judges on domestic abuse, 
        harassment, and stalking laws and related civil and criminal 
        court issues.  The program must include education on the causes 
        of family violence and culturally responsive approaches to 
        serving victims.  The program must emphasize the need for the 
        coordination of court and legal victim advocacy services and 
        include education on domestic abuse programs and policies within 
        law enforcement agencies and prosecuting authorities as well as 
        the court system.  The program also must include training for 
        judges, judicial officers, and court services personnel on how 
        to assure that their bail evaluations and decisions are racially 
        and culturally neutral. 
           Sec. 9.  Minnesota Statutes 1992, section 485.06, is 
        amended to read: 
           485.06 [SEARCH OF RECORDS; CERTIFICATE; PUBLIC INSPECTION.] 
           The court administrator, upon request of any person, shall 
        make search of the books and records of the court 
        administrator's office, and ascertain the existence, docketing, 
        or satisfaction of any judgment or other lien, and certify the 
        result of such search under the court administrator's hand and 
        the seal of said court, giving the name of the party against 
        whom any judgment or lien appears of record, the amount thereof, 
        and the time of its entry; and, if satisfied of its 
        satisfaction, and any other entries requested relative to such 
        judgment.  The court administrator's search will be a search for 
        the exact match of the requested name.  Nothing in this section 
        shall prevent attorneys or others from having access to such 
        books and records at all reasonable times, when no certificate 
        is necessary or required.  
           Sec. 10.  Minnesota Statutes 1992, section 494.05, is 
        amended to read: 
           494.05 [GRANTS.] 
           Subdivision 1.  [ELIGIBILITY REQUIREMENTS.] A community 
        dispute resolution program is not eligible for a grant under 
        this section unless it: 
           (1) complies with this chapter and the guidelines and rules 
        adopted under this chapter; 
           (2) is certified by the state court administrator under 
        section 494.015, subdivision 2; 
           (3) demonstrates that at least two-thirds one-half of its 
        annual budget will be derived from sources other than the state; 
           (4) documents evidence of support within its service area 
        by community organizations, administrative agencies, and 
        judicial and legal system representatives; and 
           (5) is exempt or has applied for exemption from federal 
        taxation under section 501(c)(3) of the Internal Revenue Code of 
        1986 or is administered and funded by a city, county, or court 
        system as a distinct, identifiable unit that has a separate and 
        distinguishable operating budget. 
           Subd. 2.  [FUNDING.] Grants under this section must be used 
        for the costs of operating approved programs.  A program is 
        eligible to receive a grant an amount of money equal to 
        one-third one-half of its estimated annual budget, but not more 
        than $25,000 a year.  
           Subd. 3.  [REPORTS.] The state court administrator shall 
        compile a summary report of the data submitted in the previous 
        year and any other relevant information from other sources.  The 
        report must be submitted to the legislature by February 1 of 
        each year. 
           Sec. 11.  Minnesota Statutes 1992, section 508.11, is 
        amended to read: 
           508.11 [APPLICATION FILED WITH COURT ADMINISTRATOR; DOCKET; 
        ABSTRACT.] 
           The application shall be filed with the court 
        administrator, who shall docket the same in a book to be known 
        as the "Land Registration Docket."  All orders, judgments, and 
        decrees of the court in the proceeding shall be minuted in such 
        docket.  All final orders or decrees shall be recorded by the 
        court administrator and proper reference made thereto in such 
        docket.  At the time of the filing of the application with the 
        court administrator, a copy thereof, duly certified by the court 
        administrator, shall be filed for record with the county 
        recorder, and shall be notice forever to purchasers and 
        encumbrancers of the pendency of the proceeding and of all 
        matters referred to in the court files and records pertaining to 
        the proceeding.  The applicant shall file with the court 
        administrator, as soon after the filing of the application as is 
        practicable, an abstract of title to the land described in the 
        application, satisfactory to the examiner.  If required so to do 
        by the examiner, the applicant shall likewise cause the land to 
        be surveyed by some competent surveyor, and file with the court 
        administrator a plat of the land duly certified by such surveyor.
           Sec. 12.  Minnesota Statutes 1993 Supplement, section 
        593.48, is amended to read: 
           593.48 [COMPENSATION OF JURORS AND TRAVEL REIMBURSEMENT.] 
           A juror shall be reimbursed for round-trip travel between 
        the juror's residence and the place of holding court and 
        compensated for required attendance at sessions of court and may 
        be reimbursed for additional day care expenses incurred as a 
        result of jury duty at rates determined by the supreme court.  A 
        juror may request reimbursement for additional parking expenses 
        incurred as a result of jury duty, in which case the 
        reimbursement shall be paid and the juror's compensation for 
        required attendance at sessions of court shall be reduced by the 
        amount of the parking reimbursement.  Except in the eighth 
        judicial district where the state shall pay directly, the 
        compensation and reimbursement shall be paid out of the county 
        treasury upon receipt of authorization to pay from the jury 
        commissioner.  These jury costs shall be reimbursed monthly by 
        the supreme court upon submission of an invoice by the county 
        treasurer.  A monthly report of payments to jurors shall be sent 
        to the jury commissioner within two weeks of the end of the 
        month in the form required by the jury commissioner. 
           Sec. 13.  Minnesota Statutes 1992, section 600.23, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEPOSIT OF PAPERS.] Every county recorder, 
        and every court administrator of a court of record, upon being 
        paid the legal fees therefor, shall receive and deposit in the 
        office any instruments or papers which shall be offered for that 
        purpose and, if required, shall give to the person depositing 
        the same a receipt therefor. 
           Sec. 14.  Minnesota Statutes 1992, section 611.21, is 
        amended to read: 
           611.21 [SERVICES OTHER THAN COUNSEL.] 
           (a) Counsel, whether or not appointed by the court, for a 
        an indigent defendant who is financially unable to obtain, or 
        representing a defendant who, at the outset of the prosecution, 
        has an annual income not greater than 125 percent of the poverty 
        line established under United States Code, title 42, section 
        9902(2), may file an ex parte application requesting 
        investigative, expert, or other services necessary to an 
        adequate defense in the case may request them in an ex parte 
        application.  Upon finding, after appropriate inquiry in an ex 
        parte proceeding, that the services are necessary and that the 
        defendant is financially unable to obtain them, the court shall 
        authorize counsel to obtain the services on behalf of the 
        defendant.  The court may establish a limit on the amount which 
        may be expended or promised for such services.  The court may, 
        in the interests of justice, and upon a finding that timely 
        procurement of necessary services could not await prior 
        authorization, ratify such services after they have been 
        obtained, but such ratification shall be given only in unusual 
        situations.  The court shall determine reasonable compensation 
        for the services and direct payment by the county in which the 
        prosecution originated, to the organization or person who 
        rendered them, upon the filing of a claim for compensation 
        supported by an affidavit specifying the time expended, services 
        rendered, and expenses incurred on behalf of the defendant, and 
        the compensation received in the same case or for the same 
        services from any other source. 
           (b) The compensation to be paid to a person for such 
        service rendered to a defendant under this section, or to be 
        paid to an organization for such services rendered by an 
        employee, may not exceed $1,000, exclusive of reimbursement for 
        expenses reasonably incurred, unless payment in excess of that 
        limit is certified by the court as necessary to provide fair 
        compensation for services of an unusual character or duration 
        and the amount of the excess payment is approved by the chief 
        judge of the district.  The chief judge of the judicial district 
        may delegate approval authority to an active district judge.  
           (c) If the court denies authorizing counsel to obtain 
        services on behalf of the defendant, the court shall make 
        written findings of fact and conclusions of law that state the 
        basis for determining that counsel may not obtain services on 
        behalf of the defendant.  When the court issues an order denying 
        counsel the authority to obtain services, the defendant may 
        appeal immediately from that order to the court of appeals and 
        may request an expedited hearing. 
           Sec. 15.  [629.74] [PRETRIAL BAIL EVALUATION.] 
           The local corrections department or its designee shall 
        conduct a pretrial bail evaluation of each defendant arrested 
        and detained for committing a crime of violence as defined in 
        section 624.712, subdivision 5, a gross misdemeanor violation of 
        section 609.224, or a nonfelony violation of section 518B.01, 
        609.2231, 609.3451, 609.748, or 609.749.  In cases where the 
        defendant requests appointed counsel, the evaluation shall 
        include completion of the financial statement required by 
        section 611.17.  The local corrections department shall be 
        reimbursed $25 by the department of corrections for each 
        evaluation performed.  The conference of chief judges, in 
        consultation with the department of corrections, shall approve 
        the pretrial evaluation form to be used in each county. 
           Sec. 16.  Minnesota Statutes 1992, section 631.021, is 
        amended to read: 
           631.021 [SPEEDY CRIMINAL TRIALS; CASE DISPOSITION 
        OBJECTIVES.] 
           The judges of each judicial district must adopt and 
        administer rules or procedures to ensure that, on and after July 
        1, 1994 July 1, 1997, the following timing objectives for the 
        disposition of criminal cases are met by judges within the 
        district: 
           (1) 90 percent of all criminal cases must be disposed of 
        within 120 days; 
           (2) 97 percent of all criminal cases must be disposed of 
        within 180 days; and 
           (3) 99 percent of all criminal cases must be disposed of 
        within 365 days. 
           The time periods referred to in clauses (1) to (3) must be 
        measured from the date the criminal complaint is filed, to the 
        date the defendant is either found not guilty or is sentenced.  
        If the criminal case begins by indictment rather than by 
        criminal complaint, the time period must be measured from the 
        date the indictment is returned. 
           Sec. 17.  [PROSECUTOR TRAINING.] 
           The county attorneys association, in conjunction with the 
        attorney general's office, shall prepare and conduct a training 
        course for prosecutors on how to assure that their bail 
        recommendations are racially and culturally neutral.  The course 
        may be combined with other training conducted by the county 
        attorneys association or other groups. 
           Sec. 18.  [COMMITMENT STUDY.] 
           Subdivision 1.  [GENERAL; TASK FORCE.] The supreme court is 
        requested to conduct a study of state civil commitment laws and 
        procedures and related legal and treatment issues.  To conduct 
        the study, the supreme court shall convene an advisory task 
        force on the commitment system, including the following: 
           (1) judges, county attorneys, a representative of the 
        attorney general's office, and attorneys who represent patients 
        and proposed patients; 
           (2) parents or other family members of patients; 
           (3) mental health advocates; 
           (4) patients or former patients; 
           (5) mental health service providers; 
           (6) representatives of state and county mental health 
        agencies; 
           (7) law enforcement; and 
           (8) two members of the house of representatives, one of 
        whom must be a member of the minority party, appointed by the 
        speaker, and two members of the senate, one of whom must be a 
        member of the minority party, appointed by the subcommittee on 
        committees of the senate committee on rules and administration. 
           Members of the task force should represent a cross-section 
        of regions within the state.  The task force shall select a 
        chair from among its membership, other than the members 
        appointed under clause (8). 
           Subd. 2.  [SCOPE OF STUDY.] To the extent practicable, the 
        study should include: 
           (1) hearings and procedures governing administration of 
        neuroleptic medications; 
           (2) provisional discharges; 
           (3) monitoring of medication; 
           (4) mental health treatment advance declarations; 
           (5) relationship between the commitment act and the 
        psychopathic personality statute; 
           (6) criteria for commitments and 72-hour holds; 
           (7) time lines and length of commitment; 
           (8) impact of available resources and service delivery 
        systems on commitments and implementation of least restrictive 
        alternatives; 
           (9) training and expertise of professionals involved in the 
        commitment process; 
           (10) separation of functions and conflicts of interest and 
        related due process issues in the commitment process; 
           (11) rights of patients; 
           (12) variations in implementation and interpretation of 
        commitment laws around the state; 
           (13) vulnerable adult reporting and mental competency 
        issues; and 
           (14) any other commitment, legal, and treatment issues 
        identified by the task force. 
           The work of the task force must not duplicate but should be 
        coordinated with the work of the task force on sexual predators. 
           Subd. 3.  [STAFF.] The task force may employ necessary 
        staff to provide legal counsel, research, and clerical 
        assistance. 
           Subd. 4.  [REPORT.] The task force shall submit a written 
        report to the governor and the legislature by January 15, 1996, 
        containing its findings and recommendations.  The task force 
        expires upon submission of its report. 
           Sec. 19.  [RESOURCE REPORT.] 
           The commissioner of corrections shall evaluate existing 
        sexual assault victim advocacy services and estimate the need 
        for additional advocacy services. 
           Sec. 20.  [TASK FORCE ON SEXUAL PREDATORS.] 
           There is created a 13-member task force to study issues 
        relating to the confinement of sexual predators, including 
        commitment of psychopathic personalities.  The task force shall 
        consist of two members of the senate appointed by the majority 
        leader and two members of the house of representatives appointed 
        by the speaker.  Legislative membership from each body shall 
        consist of one member of the democratic farmer labor party and 
        one member of the independent republican party.  In addition, 
        the task force shall contain the following: 
           (1) four members selected by the commissioner of 
        corrections, including at least one representative from the law 
        enforcement community and one sexual assault counselor; 
           (2) one county attorney selected by the county attorneys 
        association; and 
           (3) four members selected by the commissioner of human 
        services, including the ombudsman for mental health and mental 
        retardation, one mental health professional, one representative 
        of a mental health advocacy group, and one representative from 
        the attorney general's office.  
        The task force may request research and information from the 
        commissioners of corrections and human services and staff 
        assistance as needed. 
           The task force shall be convened no later than August 1, 
        1994, and shall examine current law and practice relating to the 
        commitment of psychopathic personalities under Minnesota 
        Statutes, chapters 253B and 526.  The task force shall examine 
        the laws of other jurisdictions and the clinical literature on 
        sex offender treatment and shall make recommendations on 
        options, both civil and criminal, for dealing with sexual 
        predators.  The task force shall report to the chairs of the 
        house judiciary and senate crime prevention committees with 
        these recommendations by January 15, 1995. 
           Sec. 21.  [SEXUAL ASSAULT RESPONSE COORDINATING BOARD.] 
           Subdivision 1.  [SEXUAL ASSAULT RESPONSE COORDINATING 
        COUNCILS.] By October 1, 1994, the conference of chief judges 
        shall establish a coordinating council in each judicial district 
        to oversee efforts to coordinate the criminal justice system 
        response to sexual assault cases.  Membership shall include 
        representation of at least the following groups: 
           (1) judges; 
           (2) county attorneys; 
           (3) public defenders; 
           (4) law enforcement; 
           (5) sexual assault advocacy programs; 
           (6) court administration; 
           (7) social service agencies; 
           (8) medical personnel; and 
           (9) the public. 
           Subd. 2.  [SEXUAL ASSAULT RESPONSE COORDINATION PLAN.] Each 
        sexual assault coordinating council shall prepare a written 
        sexual assault coordination plan to implement the goal of 
        ensuring the appropriate response of the criminal justice system 
        to the handling of sexual assault cases.  Each plan must address 
        the following issues: 
           (1) the roles and responsibilities of criminal justice 
        agencies in responding to sexual assault allegations; 
           (2) the needs of the victim for advocacy services in the 
        process; 
           (3) the current range of judicial sanctions imposed; 
           (4) the adequacy of existing services for the victim and 
        defendant; and 
           (5) the coordination of the criminal justice system 
        response to sexual assault cases. 
           Subd. 3.  [REVIEW OF JUDICIAL DISTRICT SEXUAL ASSAULT 
        RESPONSE COORDINATING PLAN.] (a) Each judicial district shall 
        submit its sexual assault response coordination plan to the 
        conference of chief judges by October 1, 1995.  The conference 
        shall review the plans and make recommendations it deems 
        appropriate.  Specifically, the conference shall address the 
        adequacy and use of criminal justice resources to respond to 
        sexual assault cases. 
           (b) A copy of each judicial district's plan, along with the 
        conference of chief judges' recommendations for changes in 
        rules, criminal procedure, and statutes, must be filed with the 
        chair of the senate crime prevention committee and the chair of 
        the house of representatives judiciary committee by January 1, 
        1996. 
           Sec. 22.  [REPEALER.] 
           Minnesota Statutes 1992, section 629.69, is repealed.  
           Sec. 23.  [EFFECTIVE DATE.] 
           Two of the additional judgeships authorized for judicial 
        districts in section 1 are established effective October 1, 
        1994, and two of the additional judgeships are established 
        effective March 1, 1995. 
           Sections 17 to 21 are effective the day following final 
        enactment. 
                                   ARTICLE 9 
                                CRIME PREVENTION 
           Section 1.  [242.56] [WORK AND LEARN FACILITIES FOR YOUTH.] 
           Subdivision 1.  [REQUESTS FOR PROPOSALS.] The commissioner 
        of corrections shall select two nonprofit organizations to 
        select and develop sites for work and learn facilities for 
        youth.  The selection of organizations must be made in 
        consultation with the advisory group created under subdivision 
        3.  By July 1, 1994, the commissioner shall issue a request for 
        proposals from nonprofit organizations to locate and develop the 
        facilities described in subdivisions 4 and 5.  Both programs 
        will provide rigorous programming for youthful offenders. 
           Subd. 2.  [ELIGIBILITY.] (a) Both programs are limited to 
        individuals who: 
           (1) are at least 14 years of age but no older than 19 at 
        the time of admission; 
           (2) have not received a high school diploma; and 
           (3) were adjudicated delinquent or referred by a county 
        social services agency.  
           (b) The following are not eligible: 
           (1) juveniles adjudicated delinquent for murder, 
        manslaughter, criminal sexual conduct in the first or second 
        degree, assault, kidnapping, robbery, arson, or any other 
        offense involving death or intentional personal injury; and 
           (2) juveniles who were adjudicated delinquent within the 
        preceding ten years of an offense described in clause (1) and 
        were committed to the custody of the commissioner. 
           (c) The programs may include nonoffenders selected by the 
        commissioner based on recommendations from social service 
        agencies of individuals who are at risk of incarceration. 
           Subd. 3.  [ADVISORY GROUP.] The commissioner shall appoint 
        an advisory group to assist in selecting sites under this 
        section.  The commissioner shall include among the members of 
        the group representatives of the following:  the council on 
        Black Minnesotans, the council on the affairs of 
        Spanish-speaking people, the council on Asian-Pacific 
        Minnesotans, the Indian affairs council, the commissioner of 
        education, community corrections officials, county corrections 
        officials, the association of counties, and the association of 
        county probation officers. 
           Subd. 4.  [METROPOLITAN WORK AND LEARN SITE.] One facility 
        shall be in the metropolitan area in an academy campus setting 
        and be administered to address the problems of high unemployment 
        rate among people of color, the high drop-out rate of young 
        people in the public school system, and overcrowded correctional 
        facilities.  The academy shall provide the following programs: 
           (1) physical training; 
           (2) general studies; 
           (3) motivational and personal development; 
           (4) business opportunities; 
           (5) skills improvement; and 
           (6) structured residential treatment programs of individual 
        and group counseling. 
           Subd. 5.  [WILDERNESS WORK AND LEARN SITE.] One facility 
        shall be in a wilderness setting, no more than 50 miles from the 
        outer boundary of the seven-county metropolitan area, located on 
        a site of at least 60 acres.  The wilderness site shall offer a 
        combination of the following: 
           (1) group activities that develop cooperation, teamwork, 
        and trust in others; 
           (2) wilderness camping experiences that ensure that the 
        youth begin to build self-esteem about themselves; 
           (3) structured residential treatment programs of individual 
        and group counseling; 
           (4) a teaching and social reinforcement system; 
           (5) a point and level incentive system; 
           (6) vocational and academic education; and 
           (7) life skills training. 
           Subd. 6.  [FAMILY SERVICES.] Both programs shall provide 
        family services during and after the youth's involvement, 
        including six months of intensive follow-up supervision of the 
        youth after return to the community. 
           Subd. 7.  [EVALUATION AND REPORT.] The commissioner shall 
        file a report with the chairs of the senate crime prevention 
        committee and the house of representatives judiciary committee 
        by December 1, 1994, describing the sites selected and the 
        progress made in developing them.  The commissioner shall also 
        develop a system for gathering and analyzing information 
        concerning the value and effectiveness of the work and learn 
        facilities.  The commissioner shall report to the chairs of the 
        committees in the house of representatives and senate with 
        jurisdiction over criminal justice policy by January 1, 1999, on 
        the operation of the program, with a recommendation as to 
        whether it should be continued. 
           Sec. 2.  Minnesota Statutes 1992, section 299A.31, is 
        amended to read: 
           299A.31 [CHEMICAL ABUSE AND VIOLENCE PREVENTION RESOURCE 
        COUNCIL.] 
           Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] A chemical 
        abuse and violence prevention resource council consisting of 19 
        members is established.  The commissioners of public safety, 
        education, health, corrections, and human services, the director 
        of the office of strategic and long-range planning, and the 
        attorney general shall each appoint one member from among their 
        employees.  The speaker of the house of representatives and the 
        subcommittee on committees of the senate shall each appoint a 
        legislative member.  The governor shall appoint an additional 
        ten members who shall represent the demographic and geographic 
        composition of the state and, to the extent possible, shall 
        represent the following:  public health; education including 
        preschool, elementary, and higher education; social services; 
        financial aid services; chemical dependency treatment; law 
        enforcement; prosecution; defense; the judiciary; corrections; 
        treatment research professionals; drug abuse prevention 
        professionals; the business sector; religious leaders; 
        representatives of racial and ethnic minority communities; and 
        other community representatives.  The members shall designate 
        one of the governor's appointees as chair of the council.  
        Compensation and removal of members are governed by section 
        15.059.  
           Subd. 2.  [ACCEPTANCE OF FUNDS AND DONATIONS.] The council 
        may accept federal money, gifts, donations, and bequests for the 
        purpose of performing the duties set forth in this section and 
        section 299A.32.  The council shall use its best efforts to 
        solicit funds from private individuals and organizations to 
        match state appropriations. 
           Sec. 3.  Minnesota Statutes 1992, section 299A.32, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ANNUAL REPORT.] By February 1 each year, the 
        council shall submit a written report to the governor and the 
        legislature describing its activities during the preceding year, 
        describing efforts that have been made to enhance and improve 
        utilization of existing resources and to identify deficits in 
        prevention efforts, and recommending appropriate changes, 
        including any legislative changes that it considers necessary or 
        advisable in the area of chemical abuse and violence prevention 
        policy, programs, and services. 
           Sec. 4.  Minnesota Statutes 1992, section 299A.34, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SELECTION AND MONITORING.] The chemical 
        abuse and violence prevention resource council shall assist in 
        the selection and monitoring of grant recipients. 
           Sec. 5.  Minnesota Statutes 1993 Supplement, section 
        299A.35, subdivision 1, is amended to read: 
           Subdivision 1.  [PROGRAMS.] The commissioner shall, in 
        consultation with the chemical abuse and violence prevention 
        resource council, administer a grant program to fund 
        community-based programs that are designed to enhance the 
        community's sense of personal security and to assist the 
        community in its crime control efforts.  Examples of qualifying 
        programs include, but are not limited to, the following: 
           (1) programs to provide security systems for residential 
        buildings serving low-income persons, elderly persons, and 
        persons who have physical or mental disabilities; 
           (2) community-based programs designed to discourage young 
        people from involvement in unlawful drug or street gang 
        activities; 
           (3) neighborhood block clubs and innovative community-based 
        crime watch programs; 
           (4) community-based programs designed to enrich the 
        educational, cultural, or recreational opportunities of at-risk 
        elementary or secondary school age youth, including programs 
        designed to keep at-risk youth from dropping out of school and 
        encourage school dropouts to return to school; 
           (5) support services for a municipal curfew enforcement 
        program including, but not limited to, rent for drop-off 
        centers, staff, supplies, equipment, and the referral of 
        children who may be abused or neglected; and 
           (6) other community-based crime prevention programs that 
        are innovative and encourage substantial involvement by members 
        of the community served by the program. 
           Sec. 6.  Minnesota Statutes 1992, section 299A.36, is 
        amended to read: 
           299A.36 [OTHER DUTIES.] 
           The assistant commissioner assigned to the office of drug 
        policy and violence prevention, in consultation with the 
        chemical abuse and violence prevention resource council, shall: 
           (1) provide information and assistance upon request to 
        school preassessment teams established under section 126.034 and 
        school and community advisory teams established under section 
        126.035; 
           (2) provide information and assistance upon request to the 
        state board of pharmacy with respect to the board's enforcement 
        of chapter 152; 
           (3) cooperate with and provide information and assistance 
        upon request to the alcohol and other drug abuse section in the 
        department of human services; 
           (4) assist in coordinating the policy of the office with 
        that of the narcotic enforcement unit in the bureau of criminal 
        apprehension; and 
           (5) coordinate the activities of the regional drug task 
        forces, provide assistance and information to them upon request, 
        and assist in the formation of task forces in areas of the state 
        in which no task force operates. 
           Sec. 7.  [PURPOSE.] 
           It is well established that children who are chronically 
        absent from school face a bleak future in that they are at 
        greater risk of ending up in the delinquency system, becoming 
        high school dropouts, and finding themselves without the skills 
        necessary to have a productive work life as adults.  To 
        effectively combat truancy and educational neglect, there needs 
        to be a continuum of intervention and services to support 
        parents and children and keep children in school.  That 
        continuum should be characterized by progressively intrusive 
        intervention beginning with the strongest efforts at the school 
        and community level and offering access to the public agency and 
        court's authority when necessary. 
           Sec. 8.  [126.25] [COMMUNITY-BASED TRUANCY ACTION 
        PROJECTS.] 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
        education shall establish demonstration projects to reduce 
        truancy rates in schools by early identification of students 
        with school absenteeism problems and providing appropriate 
        interventions based on each student's underlying issues that are 
        contributing to the truant behavior. 
           Subd. 2.  [PROGRAM COMPONENTS.] (a) Projects eligible for 
        grants under this section shall be community-based and must 
        include cooperation between at least one school and one 
        community agency and provide coordinated intervention, 
        prevention, and educational services.  Services may include: 
           (1) assessment for underlying issues that are contributing 
        to the child's truant behavior; 
           (2) referral to community-based services for the child and 
        family which includes, but is not limited to, individual or 
        family counseling, educational testing, psychological 
        evaluations, tutoring, mentoring, and mediation; 
           (3) transition services to integrate the child back into 
        school and to help the child succeed once there; 
           (4) culturally sensitive programming and staffing; and 
           (5) increased school response including in-school 
        suspension, better attendance monitoring and enforcement, 
        after-school study programs, and in-service training for 
        teachers and staff. 
           (b) Priority will be given to grants that include: 
           (1) local law enforcement; 
           (2) elementary and middle schools; 
           (3) multiple schools and multiple community agencies; 
           (4) parent associations; and 
           (5) neighborhood associations. 
           Subd. 3.  [EVALUATION.] Grant recipients must report to the 
        commissioner of public safety by September 1 of each year on the 
        services and programs provided, the number of children served, 
        the average daily attendance for the school year, and the number 
        of habitual truancy and educational neglect petitions referred 
        for court intervention. 
           Sec. 9.  [144.3872] [FEMALE GENITAL MUTILATION; EDUCATION 
        AND OUTREACH.] 
           The commissioner of health shall carry out appropriate 
        education, prevention, and outreach activities in communities 
        that traditionally practice female circumcision, excision, or 
        infibulation to inform people in those communities about the 
        health risks and emotional trauma inflicted by those practices 
        and to inform them and the medical community of the criminal 
        penalties contained in section 609.2245.  The commissioner shall 
        work with culturally appropriate groups to obtain private funds 
        to help finance these prevention and outreach activities. 
           Sec. 10.  Minnesota Statutes 1992, section 145A.05, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [CURFEW.] A county board may adopt an ordinance 
        establishing a countywide curfew for persons under 17 years of 
        age. 
           Sec. 11.  [DEMONSTRATION PROJECT; INTERVENTION WITH 
        CHIPS-DELINQUENTS.] 
           Subdivision 1.  [ESTABLISHMENT.] The commissioners of human 
        services and corrections shall establish a demonstration project 
        to develop and provide effective intervention and treatment for 
        children under the age of ten who are committing or have 
        committed unlawful acts.  The commissioners may determine the 
        length of the demonstration project. 
           Subd. 2.  [REPORT.] After the demonstration project has 
        been completed, the commissioners shall evaluate its success and 
        make recommendations to the legislature concerning the types of 
        services that should be provided to these children. 
           Sec. 12.  [INSTITUTE FOR CHILD AND ADOLESCENT SEXUAL 
        HEALTH.] 
           Subdivision 1.  [PILOT PROJECTS.] The institute of child 
        and adolescent sexual health established in Laws 1992, chapter 
        571, article 1, section 28, and Laws 1993, chapter 326, article 
        12, section 16, shall implement two pilot projects that examine 
        the relationship between violent juvenile sex offenders and the 
        factors that contribute to their behavior.  One pilot project 
        must examine early protective and risk factors associated with 
        adolescent sex offenders in order to identify children who are 
        high risk to become offenders and to develop earlier 
        intervention strategies.  The second pilot project must develop 
        and implement an intervention program for children identified as 
        high risk to become sex offenders. 
           Subd. 2.  [FINANCIAL STATUS REPORT.] By March 15, 1995, the 
        institute must report to the commissioner of health the results 
        of grant-seeking efforts, the location of resources for 
        non-project-related expenses and the status and preliminary 
        findings of the pilot projects under subdivision 1. 
           Sec. 13.  [MALE RESPONSIBILITY AND FATHERING GRANTS.] 
           Subdivision 1.  [ESTABLISHMENT; PURPOSE.] A grant program 
        for fiscal year 1995 is established to educate young people, 
        particularly males ages ten to 21, on the responsibilities of 
        parenthood.  The purpose of the program is to foster male 
        responsibility by encouraging youth or parenting program 
        providers to collaborate with school districts to attain the 
        outcomes in this section. 
           Subd. 2.  [ELIGIBILITY; APPLICATION PROCESS.] (a) A youth 
        or parenting program provider whose purpose is to reduce teen 
        pregnancy or teach child development and parenting skills in 
        collaboration with a school district may submit an application 
        for a grant.  The grant applicant must prepare an application in 
        collaboration with the advisory committee under paragraph (c).  
        Each grant application must describe: 
           (1) the program's structure and components, including 
        collaborative and outreach efforts; 
           (2) how the applicant will implement and evaluate the 
        program; 
           (3) a plan for using male instructors and mentors; 
           (4) the outcomes the applicant expects to attain; and 
           (5) a cultural diversity plan to ensure that program staff 
        or teachers reflect the cultural backgrounds of the population 
        served and that the program content is culturally sensitive. 
           (b) Grant recipients must, at minimum, educate young 
        people, particularly males ages ten to 21, about responsible 
        parenting and child development, responsible decision making in 
        relationships, and the legal implications of paternity.  Grant 
        recipients must promote public awareness of male responsibility 
        issues in the collaborating school district.  Grant recipients 
        may offer support groups, health and nutrition education, and 
        mentoring and peer teaching. 
           (c) A grant applicant must establish an advisory committee 
        to assist the applicant in planning and implementing a grant.  
        The advisory committee must include student representatives, 
        adult males from the community, representatives of community 
        organizations, teachers, parent educators, and representatives 
        of family social service agencies. 
           Subd. 3.  [EXPECTED OUTCOMES.] Grant recipients shall use 
        the funds for programs designed to prevent teen pregnancy and to 
        prevent crime in the long term.  Grant recipients must assist 
        youth to: 
           (1) understand the connection between sexual behavior, 
        adolescent pregnancy, and the roles and responsibilities of 
        parenting; 
           (2) understand the long-term responsibility of fatherhood; 
           (3) understand the importance of fathers in the lives of 
        children; 
           (4) acquire parenting skills and knowledge of child 
        development; and 
           (5) find community support for their roles as fathers and 
        nurturers of children. 
           Subd. 4.  [GRANT AWARDS.] The commissioner shall establish 
        a committee to review the grant applications based on the 
        criteria in subdivisions 2 and 3 and the applicant's ability to 
        match state money and advise the commissioner.  The committee 
        shall include teachers and representatives of community 
        organizations, student organizations, and education or family 
        social service agencies that offer parent education programs.  
        The commissioner shall ensure that the grants are 
        proportionately distributed throughout the state among school 
        districts with student populations of different sizes. 
           Subd. 5.  [COOPERATIVE AGREEMENTS.] The commissioner of 
        education may enter into cooperative agreements with the 
        commissioner of human services for purposes of child support, 
        education and awareness, paternity education and awareness, and 
        gaining federal financial participation. 
           Subd. 6.  [REPORT.] The commissioner shall report to the 
        legislature by January 15, 1996, on the success of grant 
        recipients in meeting their expected outcomes. 
           Sec. 14.  [TRUANCY SERVICE CENTER PILOT PROJECTS.] 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner of public 
        safety in cooperation with the commissioners of education, human 
        services, and corrections, shall establish three two-year 
        truancy service center pilot projects to: 
           (1) communicate a strong message about the community's 
        expectations of school attendance; 
           (2) reduce habitual truancy, school dropout, and future 
        delinquency by helping to link children and parents with needed 
        social and educational services; 
           (3) prevent exploitation of or harm to juveniles on the 
        street; 
           (4) help support and reinforce the responsibility of 
        parents for their child's school attendance; 
           (5) provide a mechanism for collaboration between schools, 
        police, parents, community-based programs, businesses, parks, 
        recreation departments, and community residents on truancy 
        prevention; and 
           (6) reduce the number of crimes committed by juveniles 
        during school hours. 
           The truancy service centers shall include:  one center in 
        Hennepin county, one center in Ramsey county, and one center in 
        a county designated by the commissioner of public safety in 
        cooperation with the commissioners of education, human services, 
        and corrections. 
           Subd. 2.  [BOARD.] Each center shall be governed by an 
        intergovernmental board including the city mayor, school 
        superintendent, police chief, county attorney, county board 
        members or their designees, and selected representatives of 
        community-based agencies. 
           Subd. 3.  [TRUANT STUDENTS; ACTION.] Each truancy service 
        center pilot project shall receive truant students brought in by 
        police officers and shall take appropriate action that may 
        include one or more of the following:  
           (1) assessing the truant student's attendance situation, 
        including enrollment status, verification of truancy, and school 
        attendance history; 
           (2) assisting in coordinating intervention efforts where 
        appropriate, including checking with juvenile probation and 
        children and family services to determine whether an active case 
        is pending and facilitating transfer to an appropriate facility, 
        if indicated, and evaluating the need for and making referral to 
        a health clinic, chemical dependency treatment, protective 
        services, social or recreational programs, or school or 
        community-based services and demonstration programs described in 
        this section; 
           (3) contacting the parents or legal guardian of the truant 
        student and releasing the truant student to the custody of the 
        parents or guardian; and 
           (4) facilitating the juvenile's earliest possible return to 
        school. 
           Subd. 4.  [PERSONS EXCLUDED FROM SERVICE CENTERS.] The 
        pilot truancy service centers shall not accept: 
           (1) juveniles arrested for criminal violations; 
           (2) intoxicated juveniles; 
           (3) ill or injured juveniles; or 
           (4) juveniles older than mandatory school attendance age. 
           Subd. 5.  [EXPANSION OF SERVICES.] Truancy service centers 
        may expand their service capability in order to receive curfew 
        violators and take appropriate action including, but not limited 
        to, coordination of intervention efforts, contacting parents, 
        and developing strategies to ensure that parents assume 
        responsibility and are held accountable for their children's 
        curfew violations. 
           Subd. 6.  [REPORT.] The commissioner of public safety, at 
        the end of the pilot projects, shall report findings and 
        recommendations to the legislature. 
           Sec. 15.  [INTENSIVE NEGLECT INTERVENTION PROJECTS.] 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner of public 
        safety, in cooperation with the commissioners of education, 
        human services, and corrections, shall establish two-year 
        demonstration projects in at least two counties to address the 
        needs of children who are at risk of school failure, 
        delinquency, and mental health problems due to conditions of 
        chronic neglect in their homes.  These projects shall be 
        designed to develop standards and model programming for 
        intervention with chronic neglect. 
           Subd. 2.  [PROGRAM REQUIREMENTS.] Counties eligible for 
        grants under this section shall develop projects which include 
        the following: 
           (1) a provision for joint service delivery with community 
        corrections to address multiple needs of children in the family, 
        demonstrate improved methods of service delivery, and prevent 
        delinquent behavior; 
           (2) a provision for multidisciplinary team service delivery 
        that will include minimally, resources to address employment, 
        chemical dependency, housing, and health and educational needs; 
           (3) demonstration of standards including, but not limited 
        to, model case planning, indices of child well-being, success 
        measures tied to child well-being, time frames for achievement 
        of success measures, a scheme for progressively intrusive 
        intervention, and use of juvenile court intervention and 
        criminal court intervention; and 
           (4) a comprehensive review of funding and other sources 
        available to children under this section in order to identify 
        fiscal incentives and disincentives to successful service 
        delivery. 
           Subd. 3.  [REPORT.] The commissioner of public safety, at 
        the end of the projects, shall report findings and 
        recommendations to the legislature on the standards and model 
        programming developed under the demonstration projects to guide 
        the redesign of service delivery for chronic neglect. 
           Sec. 16.  [VIOLENCE PREVENTION ADVISORY TASK FORCE.] 
           Subdivision 1.  [TASK FORCE.] The chemical abuse and 
        violence prevention council shall establish a violence 
        prevention advisory task force, consisting of representatives of 
        the council and representatives of:  
           (1) the legislative commission on children, youth, and 
        their families; 
           (2) nonprofit and community-based organizations dealing 
        with violence prevention and at-risk youth programs; 
           (3) individuals knowledgeable in crime prevention research, 
        family education, and child development; 
           (4) the demographic and geographic composition of the 
        state; and 
           (5) racial and ethnic minorities. 
           The task force also shall include a representative of the 
        law enforcement community and an education specialist who is 
        knowledgeable about the antiviolence curriculum.  The task force 
        shall be chaired jointly by a member of the council and a member 
        of the legislative commission on children, youth, and their 
        families. 
           Subd. 2.  [DUTIES.] The task force shall: 
           (1) define violence prevention; 
           (2) develop measurable violence prevention goals; 
           (3) inventory state violence prevention programs; 
           (4) develop a state violence prevention policy and funding 
        plan; and 
           (5) make recommendations for an ongoing system to evaluate 
        the effectiveness of violence prevention programs, and to 
        integrate the state violence prevention goals into the budgeting 
        and policy-making of state agencies and the legislature. 
           Subd. 3.  [REPORT.] The task force shall report its 
        recommendations to the legislature and the chairs of the 
        standing committees of the senate and house of representatives 
        with jurisdiction over criminal justice policy by January 1, 
        1995. 
           Sec. 17.  [EFFECTIVE DATE.] 
           Sections 1 and 16 are effective the day following final 
        enactment. 
                                   ARTICLE 10 
                                ATTORNEY GENERAL
           Section 1.  Minnesota Statutes 1992, section 8.06, is 
        amended to read: 
           8.06 [ATTORNEY FOR STATE OFFICERS, BOARDS, OR COMMISSIONS; 
        EMPLOY COUNSEL.] 
           The attorney general shall act as the attorney for all 
        state officers and all boards or commissions created by law in 
        all matters pertaining to their official duties.  When requested 
        by the attorney general, it shall be the duty of any county 
        attorney of the state to appear within the county and act as 
        attorney for any such board, commission, or officer in any court 
        of such county.  The attorney general may, upon request in 
        writing, employ, and fix the compensation of, a special attorney 
        for any such board, commission, or officer when, in the attorney 
        general's judgment, the public welfare will be promoted 
        thereby.  Such special attorney's fees or salary shall be paid 
        from the appropriation made for such board, commission, or 
        officer.  A state agency that is current with its billings from 
        the attorney general for legal services may contract with the 
        attorney general for additional legal and investigative 
        services.  Except as herein provided, no board, commission, or 
        officer shall hereafter employ any attorney at the expense of 
        the state.  
           Whenever the attorney general, the governor, and the chief 
        justice of the supreme court shall certify, in writing, filed in 
        the office of the secretary of state, that it is necessary, in 
        the proper conduct of the legal business of the state, either 
        civil or criminal, that the state employ additional counsel, the 
        attorney general shall thereupon be authorized to employ such 
        counsel and, with the governor and the chief justice, fix the 
        additional counsel's compensation.  Except as herein stated, no 
        additional counsel shall be employed and the legal business of 
        the state shall be performed exclusively by the attorney general 
        and the attorney general's assistants. 
           Sec. 2.  Minnesota Statutes 1993 Supplement, section 8.15, 
        is amended to read: 
           8.15 [ATTORNEY GENERAL COSTS.] 
           Subdivision 1.  [FEE SCHEDULES.] The attorney general in 
        consultation with the commissioner of finance shall assess 
        executive branch agencies a fee for legal services rendered to 
        them, except that the attorney general may not assess the 
        department of human rights for legal representation on behalf of 
        complaining parties who have filed a charge of discrimination 
        with the department.  The assessment against appropriations from 
        other than the general fund must be the full cost of providing 
        the services.  The assessment against appropriations supported 
        by fees must be included in the fee calculation.  The assessment 
        against appropriations from the general fund not supported by 
        fees must be one-half of the cost of providing the services.  An 
        amount equal to the general fund receipts in the even-numbered 
        year of the biennium is appropriated to the attorney general for 
        each year of the succeeding biennium.  All other receipts from 
        assessments must be deposited in the state treasury and credited 
        to the general fund.  develop a fee schedule to be used by the 
        attorney general in developing the agreements authorized in 
        subdivision 3. 
           The attorney general in consultation with the commissioner 
        of finance shall assess political subdivisions fees to cover 
        half the cost of legal services rendered to them; except that 
        The attorney general may not assess a county any fee for legal 
        services rendered in connection with a psychopathic personality 
        commitment proceeding under section 526.10 for which the 
        attorney general assumes responsibility under section 8.01.  
           Subd. 2.  [BIENNIAL BUDGET REQUEST.] (a) The attorney 
        general in consultation with the commissioner of finance shall 
        designate which agencies will have their legal service requests 
        included in the budget request of the attorney general.  
           (b) All other agencies, in consultation with the attorney 
        general and the commissioner of finance, shall include a request 
        for legal services in their biennial budget requests.  
           Subd. 3.  [AGREEMENTS.] To facilitate the delivery of legal 
        services, the attorney general may: 
           (1) enter into agreements with executive branch agencies, 
        political subdivisions, or quasi-state agencies to provide legal 
        services for the benefit of the citizens of Minnesota; and 
           (2) in addition to funds otherwise appropriated by the 
        legislature, accept and spend funds received under any agreement 
        authorized in clause (1) for the purpose set forth in clause 
        (1), subject to a report of receipts to the chairs of the senate 
        finance committee and the house ways and means committee by 
        October 15 each year. 
           Funds received under this subdivision must be deposited in 
        the general fund and are appropriated to the attorney general 
        for the purposes set forth in this subdivision. 
           Subd. 4.  [REPORTS.] The attorney general shall prepare an 
        annual expenditure report describing actual expenditures for 
        each agency or political subdivision receiving legal services.  
        The report shall describe: 
           (1) estimated and actual expenditures, including 
        expenditures authorized through agreements; 
           (2) the type of services provided; and 
           (3) major current and future legal issues. 
        The report shall be submitted to the chairs of the senate 
        finance committee and the house ways and means committee by 
        October 15 each year. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective July 1, 1995. 
                                   ARTICLE 11 
                                PUBLIC DEFENDER 
           Section 1.  Minnesota Statutes 1992, section 477A.012, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [AID OFFSET FOR 1995 PUBLIC DEFENDER COSTS.] (a) 
        In the case of a county located in the first, fifth, seventh, 
        ninth, or tenth judicial district, there shall be deducted from 
        the payment to the county under this section an amount equal to 
        the cost of public defense services in juvenile and misdemeanor 
        cases, to the extent those costs are assumed by the state for 
        the calendar year beginning on January 1, 1995. 
           (b) For the purpose of the aid reductions under this 
        section, the following amounts shall be used by the commissioner 
        of revenue as the cost of public defense services in juvenile 
        and misdemeanor cases for each county in the first, fifth, 
        seventh, ninth, and tenth judicial districts, during the 
        calendar year beginning on January 1, 1995: 
            COUNTY      JUDICIAL DISTRICT     AMOUNT
         (1) Aitkin             9            $126,000
         (2) Anoka             10            $634,000
         (3) Becker             7            $160,000
         (4) Beltrami           9            $130,000
         (5) Benton             7            $ 68,000
         (6) Blue Earth         5            $ 96,000
         (7) Brown              5            $ 58,000
         (8) Carver             1            $ 82,000
         (9) Cass               9            $134,000
        (10) Chisago           10            $ 66,000
        (11) Clay               7            $136,000
        (12) Clearwater         9            $ 24,000
        (13) Cottonwood         5            $ 24,000
        (14) Crow Wing          9            $128,000
        (15) Dakota             1            $644,000
        (16) Douglas            7            $ 84,000
        (17) Faribault          5            $ 34,000
        (18) Goodhue            1            $ 94,000
        (19) Hubbard            9            $ 30,000
        (20) Isanti            10            $ 56,000
        (21) Itasca             9            $ 44,000
        (22) Jackson            5            $ 30,000
        (23) Kanabec           10            $ 42,000
        (24) Kittson            9            $ 12,000
        (25) Koochiching        9            $ 32,000
        (26) Lake of the Woods  9            $  8,000
        (27) Le Sueur           1            $ 64,000
        (28) Lincoln            5            $ 20,000
        (29) Lyon               5            $ 58,000
        (30) Mahnomen           9            $ 12,000
        (31) Marshall           9            $ 28,000
        (32) Martin             5            $ 74,000
        (33) McLeod             1            $ 66,000
        (34) Mille Lacs         7            $ 46,000
        (35) Morrison           7            $ 70,000
        (36) Murray             5            $ 14,000
        (37) Nicollet           5            $ 86,000
        (38) Nobles             5            $ 62,000
        (39) Norman             9            $ 18,000
        (40) Otter Tail         7            $172,000
        (41) Pennington         9            $ 30,000
        (42) Pine              10            $ 46,000
        (43) Pipestone          5            $ 14,000
        (44) Polk               9            $140,000
        (45) Red Lake           9            $ 10,000
        (46) Redwood            5            $ 98,000
        (47) Rock               5            $ 28,000
        (48) Roseau             9            $ 42,000
        (49) Scott              1            $164,000
        (50) Sherburne         10            $164,000
        (51) Sibley             1            $ 82,000
        (52) Stearns            7            $306,000
        (53) Todd               7            $ 66,000
        (54) Wadena             7            $ 24,000
        (55) Washington        10            $282,000
        (56) Watonwan           5            $ 38,000
        (57) Wright            10            $118,000
           (c) One-fourth of the amount specified under paragraph (b) 
        for each county shall be deducted from each local government aid 
        payment to the county under section 477A.015 in 1994, and 
        one-fourth of the amount computed under paragraph (b) for each 
        county shall be deducted from each local government aid payment 
        to the county under section 477A.015 in 1995.  If the amount 
        specified under paragraph (b) exceeds the amount payable to a 
        county under subdivision 1, the excess shall be deducted from 
        the aid payable to the county under section 273.1398, 
        subdivision 2, and then, if necessary, from the disparity 
        reduction aid under section 273.1398, subdivision 3. 
           (d) The appropriation for the state assumption of the costs 
        of public defender services in juvenile and misdemeanor cases in 
        the first, fifth, seventh, ninth, and tenth judicial districts, 
        for the time period from January 1, 1995, to June 30, 1995, 
        shall be annualized for the 1996-1997 biennium. 
           (e) An amount equal to the aid reduction under this 
        subdivision must be transferred from the local government trust 
        fund to the general fund at the time when the aid would 
        otherwise be paid during fiscal years 1995 and 1996. 
           Sec. 2.  Minnesota Statutes 1992, section 477A.012, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [PERMANENT AID OFFSETS FOR PUBLIC DEFENDER 
        COSTS.] The 1994 and the additional 1995 aid reductions provided 
        in subdivision 7 are both permanent aid reductions.  The aid 
        reductions under Minnesota Statutes 1992, section 477A.012, 
        subdivision 6, repealed under 1994 H.F. No. 3209, article 3, 
        section 21, are also permanent aid reductions. 
           Sec. 3.  Minnesota Statutes 1993 Supplement, section 
        611.17, is amended to read: 
           611.17 [FINANCIAL INQUIRY; STATEMENTS.] 
           (a) Each judicial district must screen requests under 
        paragraph (b).  
           (b) Upon a request for the appointment of counsel, the 
        court shall make appropriate inquiry into the financial 
        circumstances of the applicant, who shall submit a financial 
        statement under oath or affirmation setting forth the 
        applicant's assets and liabilities, including the value of any 
        real property owned by the applicant, whether homestead or 
        otherwise, less the amount of any encumbrances on the real 
        property, the source or sources of income, and any other 
        information required by the court.  The state public defender 
        shall furnish appropriate forms for the financial statements.  
        The information contained in the statement shall be confidential 
        and for the exclusive use of the court and the public defender 
        appointed by the court to represent the applicant except for any 
        prosecution under section 609.48.  A refusal to execute the 
        financial statement or produce financial records constitutes a 
        waiver of the right to the appointment of a public defender. 
           Sec. 4.  Minnesota Statutes 1993 Supplement, section 
        611.20, subdivision 2, is amended to read: 
           Subd. 2.  [PARTIAL PAYMENT.] If the court determines that 
        the defendant is able to make partial payment, the court shall 
        direct the partial payments to the governmental unit responsible 
        for the costs of the public defender state general fund.  
        Payments directed by the court to the state shall be recorded by 
        the court administrator who shall transfer the payments to the 
        state treasurer. 
           Sec. 5.  Minnesota Statutes 1992, section 611.26, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ASSISTANT PUBLIC DEFENDERS.] A chief district 
        public defender shall appoint assistants who are qualified 
        attorneys licensed to practice law in this state and other staff 
        as the chief district public defender finds prudent and 
        necessary subject to the standards adopted by the state public 
        defender.  Assistant district public defenders must be appointed 
        to ensure broad geographic representation and caseload 
        distribution within the district.  Each assistant district 
        public defender serves at the pleasure of the chief district 
        public defender.  A chief district public defender is 
        authorized, subject to approval by the state board of public 
        defense or their designee, to hire an independent contractor to 
        perform the duties of an assistant public defender. 
           Sec. 6.  Minnesota Statutes 1992, section 611.26, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PERSONS DEFENDED.] The district public defender 
        shall represent, without charge, a defendant charged with a 
        felony or, a gross misdemeanor, or misdemeanor when so directed 
        by the district court.  In the second, third, fourth, sixth, and 
        eighth districts only, The district public defender shall also 
        represent a defendant charged with a misdemeanor when so 
        directed by the district court and shall represent a minor in 
        the juvenile court when so directed by the juvenile court. 
           Sec. 7.  Minnesota Statutes 1993 Supplement, section 
        611.27, subdivision 4, is amended to read: 
           Subd. 4.  [COUNTY PORTION OF COSTS.] That portion of 
        subdivision 1 directing counties to pay the costs of public 
        defense service shall not be in effect between July 1, 1993 
        January 1, 1995, and July 1, 1995.  This subdivision only 
        relates to costs associated with felony and, gross misdemeanor 
        public defense services in all judicial districts and to, 
        juvenile, and misdemeanor public defense services in the second, 
        third, fourth, sixth, and eighth judicial 
        districts.  Notwithstanding the provisions of this subdivision, 
        in the first, fifth, seventh, ninth, and tenth judicial 
        districts, the cost of juvenile and misdemeanor public defense 
        services for cases opened prior to January 1, 1995, shall remain 
        the responsibility of the respective counties in those 
        districts, even though the cost of these services may occur 
        after January 1, 1995.  
           Sec. 8.  [EFFECTIVE DATE.] 
           Sections 1 to 3, and 5 are effective July 1, 1994.  
        Sections 4, 6, and 7 are effective January 1, 1995. 
           Presented to the governor May 6, 1994 
           Signed by the governor May 10, 1994, 6:27 p.m.

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