Minnesota Legislature
HF 351
2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to the operation of state government; crime 1.3 prevention and judiciary finance; appropriating money 1.4 for the judicial branch, public defense, human rights, 1.5 corrections, public safety, crime victims, and related 1.6 purposes; establishing and expanding grant programs, 1.7 task forces, and pilot projects; requiring reports and 1.8 studies; transferring, modifying, and expanding 1.9 responsibility for various governmental 1.10 responsibilities; providing procedures and policies 1.11 for integrated criminal justice information systems; 1.12 adopting various provisions relating to corrections; 1.13 imposing, clarifying, and expanding certain criminal 1.14 and civil provisions and penalties; making certain 1.15 changes related to sex offenders and sex offender 1.16 registration; providing for state funding of certain 1.17 programs and personnel; abolishing the office of the 1.18 ombudsman for corrections; eliminating the Camp Ripley 1.19 weekend camp program; increasing certain fees and 1.20 modifying the allocation of certain fees; establishing 1.21 a theft prevention advisory board; establishing a 1.22 felony-level penalty for driving while impaired; 1.23 modifying certain policies and procedures relating to 1.24 domestic violence; making technical changes to the 1.25 driving while impaired laws; amending Minnesota 1.26 Statutes 2000, sections 2.724, subdivision 3; 8.16, 1.27 subdivision 1; 13.87, by adding a subdivision; 1.28 15A.083, subdivision 4; 169A.03, subdivision 12, by 1.29 adding subdivisions; 169A.20, subdivision 3; 169A.25; 1.30 169A.26; 169A.27; 169A.275, subdivisions 3, 5; 1.31 169A.277, subdivision 2; 169A.28, subdivision 2; 1.32 169A.283, subdivision 1; 169A.37, subdivision 1; 1.33 169A.40, subdivision 3; 169A.41, subdivision 2; 1.34 169A.51, subdivision 7; 169A.54, subdivision 6; 1.35 169A.60, subdivisions 1, 13, 14; 169A.63, subdivision 1.36 1; 171.09; 171.29, subdivision 2; 241.272, subdivision 1.37 6; 242.192; 243.166, subdivisions 1, 3, 4a, 6; 1.38 243.167, subdivision 1; 243.51, subdivisions 1, 3; 1.39 299A.75, subdivision 1, by adding subdivisions; 1.40 299C.10, subdivision 1; 299C.11; 299C.147, subdivision 1.41 2; 299C.65, subdivisions 1, 2; 299F.058, subdivision 1.42 2; 343.20, by adding subdivisions; 343.21, 1.43 subdivisions 9, 10, by adding a subdivision; 518B.01, 1.44 subdivisions 2, 3, 6, 14; 609.02, by adding a 1.45 subdivision; 609.035, subdivision 2; 609.117; 609.224, 1.46 subdivisions 2, 4; 609.2242, subdivisions 2, 4; 2.1 609.487, subdivision 4; 609.495, subdivisions 1, 3; 2.2 609.521; 609.748, subdivisions 6, 8; 609.749, 2.3 subdivisions 4, 5; 611.23; 611.272; 611A.201, 2.4 subdivision 2; 611A.32, by adding a subdivision; 2.5 611A.74, subdivisions 1, 1a; 617.247, subdivisions 3, 2.6 4; 626.52; 626.55, subdivision 1; 629.471, subdivision 2.7 2; 629.72; Laws 1996, chapter 408, article 2, section 2.8 16; proposing coding for new law in Minnesota 2.9 Statutes, chapters 8; 15A; 169A; 299A; 299C; 518; 2.10 518B; 609; 626; repealing Minnesota Statutes 2000, 2.11 sections 169A.275, subdivision 4; 241.41; 241.42; 2.12 241.43; 241.44; 241.441; 241.45; 243.166, subdivision 2.13 10; 609.2244, subdivision 4; 626.55, subdivision 2. 2.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.15 ARTICLE 1 2.16 APPROPRIATIONS 2.17 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.] 2.18 The sums shown in the columns marked "APPROPRIATIONS" are 2.19 appropriated from the general fund, or another named fund, to 2.20 the agencies and for the purposes specified in this act, to be 2.21 available for the fiscal years indicated for each purpose. The 2.22 figures "2001," "2002," and "2003" where used in this act, mean 2.23 that the appropriation or appropriations listed under them are 2.24 available for the year ending June 30, 2001, June 30, 2002, or 2.25 June 30, 2003, respectively. 2.26 APPROPRIATIONS 2.27 Available for the Year 2.28 Ending June 30 2.29 2002 2003 2.30 Sec. 2. SUPREME COURT 2.31 Subdivision 1. Total 2.32 Appropriation $ 43,861,000 $ 30,174,000 2.33 Summary by Fund 2.34 2002 2003 2.35 General 28,861,000 30,174,000 2.36 Special Revenue 15,000,000 2.37 The amounts that may be spent from this 2.38 appropriation for each program are 2.39 specified in the following subdivisions. 2.40 Subd. 2. Supreme Court Operations 2.41 4,766,000 5,017,000 2.42 Subd. 3. Civil Legal Services 2.43 6,684,000 6,739,000 2.44 This appropriation is for legal 2.45 services to low-income clients and for 2.46 family farm legal assistance under 3.1 Minnesota Statutes, section 480.242. 3.2 Any unencumbered balance remaining in 3.3 the first year does not cancel but is 3.4 available for the second year of the 3.5 biennium. A qualified legal services 3.6 program, as defined in Minnesota 3.7 Statutes, section 480.24, subdivision 3.8 3, may provide legal services to 3.9 persons eligible for family farm legal 3.10 assistance under Minnesota Statutes, 3.11 section 480.242. 3.12 $877,000 the first year and $877,000 3.13 the second year are to improve the 3.14 access of low-income clients to legal 3.15 representation in family law matters. 3.16 This appropriation must be distributed 3.17 under Minnesota Statutes, section 3.18 480.242, to the qualified legal 3.19 services programs described in 3.20 Minnesota Statutes, section 480.242, 3.21 subdivision 2, paragraph (a). Any 3.22 unencumbered balance remaining in the 3.23 first year does not cancel and is 3.24 available for the second year of the 3.25 biennium. 3.26 $100,000 the first year is a one-time 3.27 appropriation to fund civil legal 3.28 services in the sixth judicial district. 3.29 $100,000 the first year and $255,000 3.30 the second year are for increased 3.31 funding for civil legal services. 3.32 Subd. 4. State Court Administration 3.33 Summary by Fund 3.34 2002 2003 3.35 General 15,531,000 16,476,000 3.36 Special Revenue 15,000,000 3.37 $15,000,000 the first year is from the 3.38 contingency account in the special 3.39 revenue fund to continue the 3.40 redevelopment of the court information 3.41 system to be used by all counties to 3.42 integrate court information with other 3.43 criminal justice information. Of this 3.44 amount, $225,000 the first year is 3.45 transferred to the chair of the board 3.46 of public defense for hardware and 3.47 software necessary to redesign 3.48 information systems to accommodate 3.49 changes to the criminal justice 3.50 information system. This is a one-time 3.51 transfer. This appropriation may not 3.52 be used for any other purpose. Any 3.53 unencumbered balances remaining in the 3.54 first year do not cancel but are 3.55 available for the second year of the 3.56 biennium. 3.57 $1,464,000 the first year and 3.58 $1,730,000 the second year are 3.59 appropriated to the state court 3.60 administrator for infrastructure. 4.1 Subd. 5. Law Library Operations 4.2 1,880,000 1,942,000 4.3 Sec. 3. COURT OF APPEALS 7,260,000 7,596,000 4.4 Sec. 4. DISTRICT COURTS 109,200,000 114,752,000 4.5 $120,000 each year is for court costs 4.6 related to a six-month review of child 4.7 custody, parenting time, and child 4.8 support orders. 4.9 $320,000 the first year is to reimburse 4.10 Carlton county for extraordinary 4.11 expenses related to homicide trials. 4.12 This is a one-time appropriation. 4.13 $611,000 the first year and $1,511,000 4.14 the second year are to fund a salary 4.15 increase for district court law 4.16 clerks. This appropriation may not be 4.17 used for any other purpose. 4.18 $532,000 the first year and $483,000 4.19 the second year are appropriated to the 4.20 trial courts for infrastructure staff. 4.21 $2,191,000 the first year and 4.22 $2,319,000 the second year are 4.23 appropriated to the trial courts to 4.24 supplement funding for guardians ad 4.25 litem, interpreters, rule 20 and civil 4.26 commitment examinations, and in forma 4.27 pauperis costs in the fifth, seventh, 4.28 eighth, and ninth judicial districts. 4.29 $125,000 each year is for continued 4.30 funding of the community court in the 4.31 fourth judicial district. This is a 4.32 one-time appropriation. 4.33 $125,000 each year is for continued 4.34 funding of the community court in the 4.35 second judicial district. This is a 4.36 one-time appropriation. 4.37 The second judicial district and fourth 4.38 judicial district shall each report 4.39 quarterly to the chairs and ranking 4.40 minority members of the legislative 4.41 committees and divisions with 4.42 jurisdiction over criminal justice 4.43 funding on: 4.44 (1) how money appropriated for this 4.45 initiative was spent; and 4.46 (2) the cooperation of other criminal 4.47 justice agencies and county units of 4.48 government in the community courts' 4.49 efforts. 4.50 The first report is due on October 1, 4.51 2001. None of this appropriation may 4.52 be used for the purpose of complying 4.53 with these reporting requirements. 4.54 $585,000 the first year and $515,000 4.55 the second year are for screener 4.56 collector programs. 5.1 The fifth, seventh, and ninth judicial 5.2 district courts shall implement 5.3 screener collector programs to enhance 5.4 the collection of overdue fine revenue 5.5 by at least ten percent in each 5.6 location serviced by a screener 5.7 collector. Beginning in 2002, the 5.8 state court administrator shall report 5.9 annually, by August 15, the total 5.10 amount of fines collected, the amount 5.11 of overdue fines collected for the two 5.12 preceding fiscal years, and the 5.13 expenditures associated with the 5.14 screener collector program to the 5.15 chairs and ranking minority members of 5.16 the house and senate committees having 5.17 jurisdiction over crime policy and 5.18 judicial finance. 5.19 Sec. 5. BOARD ON JUDICIAL 5.20 STANDARDS 243,000 245,000 5.21 Sec. 6. BOARD OF PUBLIC DEFENSE 5.22 Subdivision 1. Total 5.23 Appropriation 48,320,000 48,805,000 5.24 None of this appropriation shall be 5.25 used to pay for lawsuits against public 5.26 agencies or public officials to change 5.27 social or public policy. 5.28 None of this appropriation shall be 5.29 used to pay an employee solely to 5.30 provide lobbying services or 5.31 legislative advocacy or to serve solely 5.32 as a legislative liaison. 5.33 The chair of the board of public 5.34 defense may reallocate funds from the 5.35 base budget for grants to the five 5.36 existing public defense corporations 5.37 under Minnesota Statutes, section 5.38 611.216. 5.39 By August 1, 2001, the chair of the 5.40 board of public defense shall provide a 5.41 report to the chairs and ranking 5.42 minority members of the house and 5.43 senate committees having jurisdiction 5.44 over criminal justice and judiciary 5.45 finance explaining: (1) the role of the 5.46 public defense corporations; (2) the 5.47 relationship between the board of 5.48 public defense, the state public 5.49 defender, district public defenders, 5.50 and the public defense corporations; 5.51 and (3) the results of a comprehensive 5.52 cost/benefit study of the public 5.53 defense corporations. Upon completion 5.54 of the report, the chairs and ranking 5.55 minority members of the legislative 5.56 committees with jurisdiction over crime 5.57 policy and judiciary finance issues 5.58 shall form a work group to make 5.59 recommendations to the legislature 5.60 regarding the need and role, if any, of 5.61 the public defense corporations. 5.62 The amounts that may be spent from this 5.63 appropriation for each program are 6.1 specified in the following subdivisions. 6.2 Subd. 2. State Public Defender 6.3 3,327,000 3,355,000 6.4 Subd. 3. Administrative Services 6.5 Office 6.6 2,115,000 2,126,000 6.7 Subd. 4. District Public Defense 6.8 42,878,000 43,324,000 6.9 Sec. 7. TAX COURT 729,000 740,000 6.10 $43,000 the first year and $38,000 the 6.11 second year are for a tax court law 6.12 clerk. This appropriation may not be 6.13 used for any other purpose. 6.14 Sec. 8. HUMAN RIGHTS 3,520,000 3,555,000 6.15 6.16 Sec. 9. UNIFORM LAWS COMMISSION 43,000 43,000 6.17 Sec. 10. CORRECTIONS 6.18 Subdivision 1. Total 6.19 Appropriation 361,743,000 374,354,000 6.20 Summary by Fund 6.21 2002 2003 6.22 General 360,354,000 373,112,000 6.23 Special Revenue 1,389,000 1,242,000 6.24 The amounts that may be spent from this 6.25 appropriation for each program are 6.26 specified in the following subdivisions. 6.27 Any unencumbered balances remaining in 6.28 the first year do not cancel but are 6.29 available for the second year of the 6.30 biennium. 6.31 Positions and administrative money may 6.32 be transferred within the department of 6.33 corrections as the commissioner 6.34 considers necessary, upon the advance 6.35 approval of the commissioner of finance. 6.36 For the biennium ending June 30, 2003, 6.37 the commissioner of corrections may, 6.38 with the approval of the commissioner 6.39 of finance, transfer funds to or from 6.40 salaries. 6.41 During the biennium ending June 30, 6.42 2003, the commissioner may enter into 6.43 contracts with private corporations or 6.44 governmental units of the state of 6.45 Minnesota to house adult offenders 6.46 committed to the commissioner of 6.47 corrections. 6.48 The commissioner of corrections, 7.1 commissioner of health, and 7.2 commissioner of public safety shall 7.3 make reasonable efforts to transfer the 7.4 employees whose positions were 7.5 eliminated due to the abolishment of 7.6 the office of the ombudsman of 7.7 corrections to positions within the 7.8 department of corrections, department 7.9 of health, or department of public 7.10 safety. 7.11 If the commissioner deems it necessary 7.12 to reduce line and support personnel 7.13 positions during the biennium ending 7.14 June 30, 2003, the commissioner shall 7.15 make reasonable efforts to reduce at 7.16 least the same percentage of management 7.17 and supervisory personnel. 7.18 Subd. 2. Correctional Institutions 7.19 Summary by Fund 7.20 2002 2003 7.21 General 225,325,000 230,707,000 7.22 Special Revenue 932,000 785,000 7.23 If the commissioner contracts with 7.24 other states, local units of 7.25 government, or the federal government 7.26 to rent beds in the Rush City 7.27 correctional facility, the commissioner 7.28 shall charge a per diem under the 7.29 contract, to the extent possible, that 7.30 is equal to or greater than the per 7.31 diem cost of housing Minnesota inmates 7.32 in the facility. The per diem cost for 7.33 housing inmates of other states, local 7.34 units of government, or other states at 7.35 this facility shall be based on the 7.36 assumption that the facility is at or 7.37 near capacity. Notwithstanding any 7.38 laws to the contrary, the commissioner 7.39 may use the per diem appropriation to 7.40 operate the state correctional 7.41 institutions. 7.42 $100,000 the first year and $100,000 7.43 the second year are for: (1) 7.44 developing a request for proposals from 7.45 vendors to privately operate a 7.46 partially publicly funded, values-based 7.47 prerelease program with a community 7.48 reintegration component at a 7.49 correctional facility with a custody 7.50 level of less than four; and (2) 7.51 implementing the program. The 7.52 commissioner shall issue the request 7.53 for proposals by November 1, 2001, and 7.54 shall select a vendor to begin 7.55 operating the program by January 1, 7.56 2002. This appropriation is available 7.57 until June 30, 2003. 7.58 In order to receive the appropriation, 7.59 the commissioner must obtain an equal 7.60 share of matching grants from the 7.61 federal government or private sources. 7.62 Both financial and in-kind resources 8.1 can serve to fulfill the match 8.2 requirement. 8.3 The commissioner may use any cost 8.4 savings generated through its per diem 8.5 reduction plan for capital improvements 8.6 that will contribute to further per 8.7 diem reductions at adult correctional 8.8 institutions. 8.9 The commissioner of corrections may 8.10 establish a prison health care 8.11 commission to develop an inmate health 8.12 care plan to be provided to offenders 8.13 under the custody of the department. 8.14 The purpose of the prison health care 8.15 commission shall be to specify the 8.16 level of health care services to be 8.17 provided to offenders and to define and 8.18 develop a detailed list of diagnoses 8.19 and treatments that will be provided 8.20 within the resources appropriated to 8.21 the department of corrections for 8.22 offender health care. The department 8.23 of corrections shall use this list to 8.24 manage health care priorities to ensure 8.25 the availability of life-saving 8.26 treatments and maintain an acceptable 8.27 level of health care services for all 8.28 offenders within appropriated resources. 8.29 If established, the prison health care 8.30 commission shall be comprised of the 8.31 following members: 8.32 (1) the commissioner of the department 8.33 of corrections, who will act as the 8.34 chair of the commission; 8.35 (2) the medical director of the 8.36 department of corrections; 8.37 (3) two members of the legislature 8.38 appointed by the governor; 8.39 (4) a representative of the department 8.40 of human services; and 8.41 (5) two wardens of Minnesota 8.42 correctional facilities. 8.43 If established, the prison health care 8.44 commission shall be staffed by an 8.45 interagency workgroup consisting of 8.46 representatives of the departments of 8.47 health, commerce, human services, and 8.48 corrections. 8.49 If established, the prison health care 8.50 commission shall provide a report to 8.51 the governor and the chairs and ranking 8.52 minority members of the house and 8.53 senate committees and divisions having 8.54 jurisdiction over crime prevention and 8.55 judiciary finance that recommends and 8.56 explains a hierarchy of health services 8.57 that represents the comparative 8.58 benefits of each service to the entire 8.59 population to be served. The report 8.60 must be submitted within 12 months of 8.61 the commission's formation date. 9.1 Subd. 3. Juvenile Services 9.2 13,984,000 14,086,000 9.3 In order to maximize federal IV-E 9.4 funding for state committed juvenile 9.5 girls, the department of corrections 9.6 shall make necessary changes to the 9.7 girls facility and program in order to 9.8 be in compliance with IV-E guidelines 9.9 and requirements. All new IV-E funds 9.10 generated by eligible girls committed 9.11 to the commissioner or placed in the 9.12 department of corrections program for 9.13 girls shall be deposited in the general 9.14 fund. 9.15 Subd. 4. Community Services 9.16 Summary by Fund 9.17 General 107,603,000 114,803,000 9.18 Special Revenue 150,000 150,000 9.19 $5,926,000 the first year and 9.20 $8,000,000 the second year are for 9.21 juvenile residential treatment grants 9.22 under Minnesota Statutes 2000, section 9.23 242.193. 9.24 $5,000,000 the first year and 9.25 $10,000,000 the second year are for an 9.26 increase in community corrections act 9.27 subsidy funding. The funding shall be 9.28 distributed according to the community 9.29 corrections aid formula in Minnesota 9.30 Statutes, section 401.10. Of the 9.31 amount of this appropriation 9.32 distributed to the Hennepin county 9.33 community corrections department, at 9.34 least $260,000 must be used by the 9.35 department for a chronic offender pilot 9.36 project. Additionally, Hennepin county 9.37 must provide matching funds of at least 9.38 $160,000 and an in-kind match in an 9.39 amount to be determined by the 9.40 commissioner. 9.41 $2,500,000 each year is for enhanced 9.42 supervision of adult felony sex 9.43 offenders by employing additional 9.44 probation officers to reduce the 9.45 caseloads of probation officers 9.46 supervising sex offenders on probation 9.47 or supervised release. The 9.48 commissioner shall determine statewide 9.49 eligibility for these funds according 9.50 to the formula contained in Minnesota 9.51 Statutes, section 401.10. Each 9.52 Community Corrections Act jurisdiction 9.53 and the department's probation and 9.54 supervised release unit shall submit to 9.55 the commissioner an analysis of need 9.56 along with a plan to meet these needs 9.57 and reduce adult felony sex offender 9.58 caseloads. Upon approval of the plans, 9.59 the non-Community Corrections Act 9.60 portion of these funds shall be 9.61 appropriated to the department and the 9.62 distribution shall be based on 10.1 statewide need. The Community 10.2 Corrections Act funds shall be 10.3 disbursed as grants to each Community 10.4 Corrections Act jurisdiction. These 10.5 appropriations may not be used to 10.6 supplant existing state or county 10.7 probation officer positions. Of this 10.8 amount: 10.9 $150,000 each year is for a grant to a 10.10 multicounty community corrections 10.11 agency to continue to provide increased 10.12 supervision of and treatment to sex 10.13 offenders who are on probation, 10.14 intensive community supervision, 10.15 supervised release, or intensive 10.16 supervised release. This grant must be 10.17 used to maintain the number of 10.18 offenders supervised by officers with 10.19 specialized caseloads to an average of 10.20 35 offenders. This appropriation shall 10.21 become part of the base budget of the 10.22 department of corrections for an annual 10.23 grant to the multicounty community 10.24 corrections agency for this purpose. 10.25 The grant recipient must report by 10.26 January 15, 2004, to the house and 10.27 senate committees and divisions with 10.28 jurisdiction over criminal justice 10.29 policy and funding on the outcomes of 10.30 the program, including comparative 10.31 recidivism rates. 10.32 $1,500,000 each year is for the 10.33 productive day initiative program 10.34 defined in Minnesota Statutes, section 10.35 241.275. Of this amount: 10.36 $265,000 is to the Hennepin county 10.37 community corrections agency; 10.38 $265,000 is to the Ramsey county 10.39 community corrections agency; 10.40 $133,000 is to the Dakota county 10.41 community corrections agency; 10.42 $176,000 is to the Anoka county 10.43 community corrections agency; 10.44 $320,000 is to the Arrowhead community 10.45 corrections agency; 10.46 $243,000 is to the 10.47 Dodge-Filmore-Olmsted community 10.48 corrections agency; and 10.49 $98,000 is to the tri-county (Polk, 10.50 Norman, and Red Lake) community 10.51 corrections agency. 10.52 $50,000 the first year and $50,000 the 10.53 second year are for the emergency 10.54 housing initiative. The commissioner 10.55 of corrections may enter into rental 10.56 agreements per industry standards for 10.57 emergency housing. 10.58 $40,000 the first year is for a grant 10.59 to the Institute on Criminal Justice, 10.60 University of Minnesota Law School, to 11.1 be used to study the sanctions imposed 11.2 by judges on extended jurisdiction 11.3 juveniles whose juvenile court 11.4 disposition is revoked. The study must 11.5 include, at a minimum, the following 11.6 information on these offenders: 11.7 (1) the offense for which the offender 11.8 originally was convicted as an extended 11.9 jurisdiction juvenile; 11.10 (2) the provisions of the juvenile 11.11 disposition and the adult criminal 11.12 sentence originally imposed by the 11.13 sentencing court; 11.14 (3) the reason why the juvenile 11.15 disposition was revoked; 11.16 (4) if the offender's stayed prison 11.17 sentence was executed, the duration of 11.18 the executed sentence; and 11.19 (5) if the offender's stayed prison 11.20 sentence was not executed, the adult 11.21 criminal sanctions that were imposed as 11.22 a condition of the stayed sentence 11.23 including, but not limited to, jail 11.24 time, restitution, fine, probation, 11.25 home detention, and treatment. If 11.26 possible, the study shall include a 11.27 comparison of the adult criminal 11.28 sanctions imposed on revoked extended 11.29 jurisdiction juvenile offenders with 11.30 the criminal sanctions imposed on 11.31 similarly-situated adult criminal 11.32 offenders at the time of their initial 11.33 sentencing. 11.34 The institute must present its findings 11.35 to the chairs and ranking minority 11.36 members of the house and senate 11.37 committees having jurisdiction over 11.38 criminal justice funding and policy by 11.39 November 15, 2001. 11.40 $20,000 the first year is for a grant 11.41 to the Institute on Criminal Justice, 11.42 University of Minnesota Law School, to 11.43 be used to formulate a research plan 11.44 for evaluating the implementation and 11.45 impact of a law authorizing a felony 11.46 penalty for repeat impaired driving 11.47 offenders. The research plan shall 11.48 outline the steps needed to conduct a 11.49 rigorous evaluation that addresses both 11.50 the impact of a felony DWI law on 11.51 reoffense rates and its fiscal impact 11.52 on the criminal justice system. The 11.53 plan also must estimate the cost of 11.54 conducting the evaluation. 11.55 At a minimum, the institute must: 11.56 (1) identify and convene an advisory 11.57 group to assist in identifying 11.58 pertinent data sources and outline 11.59 strategies for accessing these sources; 11.60 (2) estimate the number of cases on 11.61 which data would need to be collected 12.1 so that statistical analysis could be 12.2 performed on both a baseline population 12.3 of offenders sentenced before the 12.4 effective date of the felony penalty 12.5 and a population of offenders sentenced 12.6 to a felony-level penalty; 12.7 (3) outline a sampling methodology to 12.8 ensure that all ten judicial districts 12.9 are adequately represented in the 12.10 sample; 12.11 (4) identify practitioners at the 12.12 judicial district level to serve as 12.13 contacts for research staff and to 12.14 answer questions about programmatic 12.15 costs; 12.16 (5) identify the process for manually 12.17 collecting, from individual judicial 12.18 districts, information on sentences 12.19 imposed on the populations of offenders 12.20 being studied; 12.21 (6) establish specific criteria 12.22 delineating how to assess the fiscal 12.23 impact of the felony DWI statute; and 12.24 (7) recommend a time frame within which 12.25 the evaluation study could be completed. 12.26 The institute must submit the research 12.27 plan to the chairs and ranking minority 12.28 members of the house and senate 12.29 committees having jurisdiction over 12.30 criminal justice funding and policy by 12.31 December 15, 2001. 12.32 A $1,400,000 reduction each year in the 12.33 base budget appropriation for community 12.34 services must be directed to reductions 12.35 in extended jurisdiction juvenile 12.36 grants. 12.37 The commissioner of corrections may 12.38 grant to counties up to $9,500 per 12.39 extended jurisdiction juvenile offender 12.40 each year. 12.41 A $421,000 reduction each year in the 12.42 base budget appropriation for community 12.43 services must be directed to reductions 12.44 in programs that provide prerelease and 12.45 postrelease services to American 12.46 Indians released from correctional 12.47 facilities. 12.48 A $200,000 reduction each year in the 12.49 base budget appropriation for community 12.50 services must result from a reduction 12.51 in funding to the community 12.52 preservation unit. 12.53 A $50,000 reduction each year in the 12.54 base budget appropriation for community 12.55 services must result from a reduction 12.56 in funding to the Amicus program. 12.57 Subd. 5. Management Services 12.58 Summary by Fund 13.1 General 13,442,000 13,516,000 13.2 Special Revenue 307,000 307,000 13.3 The $100,000 reduction each year in the 13.4 base budget of management services must 13.5 be directed at reductions to the 13.6 employee development unit. 13.7 $750,000 each year is for: (1) 13.8 detention grants for the statewide 13.9 supervision system; (2) out-of-home 13.10 placement system development; (3) 13.11 electronic probation file transfers; 13.12 and (4) maintaining and conforming the 13.13 department's systems to the CriMNet 13.14 standards and backbone, including the 13.15 Corrections Operational Management 13.16 System (COMS), Statewide Supervision 13.17 System (SSS), Detention Information 13.18 System (DIS), Court Services Tracking 13.19 System (CSTS), and the sentencing 13.20 guidelines worksheet system. This 13.21 money may not be used by the 13.22 commissioner for any other purpose. 13.23 Sec. 11. SENTENCING 13.24 GUIDELINES COMMISSION 526,000 531,000 13.25 $15,000 the first year and $15,000 the 13.26 second year are for increasing the 13.27 salary of the executive director of the 13.28 sentencing guidelines commission. 13.29 Any search conducted to fill the 13.30 position of executive director of the 13.31 sentencing guidelines commission shall 13.32 be done on a statewide basis. 13.33 Sec. 12. CRIME VICTIM 13.34 OMBUDSMAN 135,000 138,000 13.35 Sec. 13. PUBLIC SAFETY 13.36 Subdivision 1. Total 13.37 Appropriation 84,996,000 80,115,000 13.38 Summary by Fund 13.39 2002 2003 13.40 General 80,949,000 76,047,000 13.41 Special Revenue 3,639,000 3,651,000 13.42 State Government 13.43 Special Revenue 7,000 7,000 13.44 Environmental 47,000 49,000 13.45 Trunk Highway 354,000 361,000 13.46 The amounts that may be spent from this 13.47 appropriation for each program are 13.48 specified in the following subdivisions. 13.49 Subd. 2. Emergency Management 13.50 Summary by Fund 13.51 General 3,740,000 3,796,000 14.1 Environmental 47,000 49,000 14.2 The commissioner must convert three of 14.3 the combination hazardous materials 14.4 emergency response/chemical assessment 14.5 teams to stand alone chemical 14.6 assessment teams. The remaining 14.7 combination team must be based in St. 14.8 Paul. The commissioner must also 14.9 establish two additional stand alone 14.10 chemical assessment teams and must base 14.11 one in the metro area and the other in 14.12 greater Minnesota. The commissioner 14.13 must staff all stand alone chemical 14.14 assessment teams with a total of four 14.15 people per team. 14.16 $80,000 each year must be reallocated 14.17 within the base budget to reimburse 14.18 bomb disposal units under Minnesota 14.19 Statutes, section 299C.063. 14.20 $40,000 each year must be reallocated 14.21 within the base budget for training and 14.22 equipment for bomb disposal units. 14.23 Subd. 3. Criminal Apprehension 14.24 Summary by Fund 14.25 General 30,659,000 30,645,000 14.26 Special Revenue 3,639,000 3,651,000 14.27 State Government 14.28 Special Revenue 7,000 7,000 14.29 Trunk Highway 354,000 361,000 14.30 $99,000 the first year and $99,000 the 14.31 second year from the Bureau of Criminal 14.32 Apprehension account in the special 14.33 revenue fund are for grants to local 14.34 officials for the cooperative 14.35 investigation of cross-jurisdictional 14.36 criminal activity. Any unencumbered 14.37 balance remaining in the first year 14.38 does not cancel but is available for 14.39 the second year. 14.40 $445,000 in the first year and $458,000 14.41 the second year are from the Bureau of 14.42 Criminal Apprehension account in the 14.43 special revenue fund are for laboratory 14.44 activities. 14.45 $750,000 each year is for new positions 14.46 to support the criminal and juvenile 14.47 justice information policy group in 14.48 fulfilling its responsibilities 14.49 relating to criminal justice 14.50 information system improvements. 14.51 $2,000,000 each year is from the 14.52 contingency account in the special 14.53 revenue fund for the planning, 14.54 development, and implementation of an 14.55 integration backbone consistent with 14.56 the criminal justice information 14.57 architecture (CriMNet). 15.1 $1,000,000 each year is for the CriMNet 15.2 project component to work on 15.3 eliminating records currently in the 15.4 criminal history suspense file and to 15.5 assist local agencies in changing their 15.6 business practices to prevent 15.7 inaccurate and incomplete data from 15.8 being submitted. In utilizing this 15.9 appropriation, the commissioner of 15.10 public safety must have the goal of 15.11 reducing the number of dispositions 15.12 entering the suspense file from the 15.13 current, approximate 50 percent to 30 15.14 percent in the first year, 20 percent 15.15 the second year, and ten percent in 15.16 future years. Additionally, the 15.17 commissioner must have the goal of 15.18 reducing the existing suspense file by 15.19 50 percent the first year and 90 15.20 percent the second year. This 15.21 appropriation must not be used for any 15.22 other purpose. 15.23 $406,000 the first year and $405,000 15.24 the second year from the general fund 15.25 and $1,095,000 the first year and 15.26 $1,094,000 the second year from the 15.27 contingency account in the special 15.28 revenue fund are for grants under 15.29 Minnesota Statutes, section 299C.65, 15.30 subdivision 7, to implement criminal 15.31 justice information integration plans 15.32 for entities that have completed 15.33 integration plans under Minnesota 15.34 Statutes, section 299C.65, subdivision 15.35 6. 15.36 Up to $4,000,000 of federal funds 15.37 received under the Crime Identification 15.38 Technology Act must be distributed 15.39 under the same criteria and for the 15.40 same purposes as grants under Minnesota 15.41 Statutes, section 299C.65, subdivision 15.42 7, to implement criminal justice 15.43 information integration plans for 15.44 entities that have completed 15.45 integration plans under Minnesota 15.46 Statutes, section 299C.65, subdivision 15.47 6. Within those criteria, the funds 15.48 must be distributed as recommended by 15.49 the criminal and juvenile justice 15.50 policy group established under 15.51 Minnesota Statutes, section 299C.65, 15.52 subdivision 1. The commissioner of 15.53 public safety must attempt to acquire 15.54 additional federal funds under the 15.55 Crime Identification Technology Act and 15.56 any other similar federal funds for 15.57 these, and related, purposes. 15.58 (a) The commissioner of administration 15.59 must contract with an entity outside of 15.60 state government to prepare a 15.61 supplemental evaluation, risk 15.62 assessment, and risk mitigation plan 15.63 for the CriMNet system. The entity 15.64 performing this work must not have any 15.65 other direct or indirect financial 15.66 interest in the project. 15.67 (b) Before January 1, 2002, each 16.1 recipient of an appropriation for the 16.2 CriMNet system must, in consultation 16.3 with the commissioner of 16.4 administration, submit to the entity 16.5 selected under paragraph (a): 16.6 (1) a list of objectives the entity 16.7 expects to achieve with the money 16.8 appropriated to it; and 16.9 (2) a list of performance measures that 16.10 can be used to determine the extent to 16.11 which these objectives are being met. 16.12 (c) The evaluation, risk assessment, 16.13 and risk mitigation plan must 16.14 separately consider each component of 16.15 the project, including: suspense 16.16 files, the integration backbone, the 16.17 Minnesota court information system, 16.18 photo imaging, livescan cardhandler, 16.19 predatory offender registration, CJDN 16.20 upgrade, statewide supervision, and 16.21 county planning and implementation 16.22 grants. For each component, the 16.23 evaluation may also consider: 16.24 (1) the likelihood that each entity 16.25 will achieve its objectives within the 16.26 limits of the money appropriated; and 16.27 (2) the appropriateness of the 16.28 performance measures suggested by each 16.29 entity receiving an appropriation. 16.30 (d) Work on the evaluation, risk 16.31 assessment, and risk mitigation plan 16.32 must begin as soon as practicable but 16.33 no later than November 15, 2001. The 16.34 results of the evaluation, risk 16.35 assessment, and risk mitigation plan 16.36 must be reported to the legislature, 16.37 the commissioner of administration, and 16.38 the chief justice of the supreme court 16.39 by March 15, 2002. The final report 16.40 must include recommendations on changes 16.41 or improvements needed for each 16.42 component of the program and whether or 16.43 not a component should proceed. A 16.44 recommendation not to proceed with a 16.45 component of the project is only 16.46 advisory. Decisions regarding 16.47 proceeding with project components will 16.48 be made by the commissioner of public 16.49 safety in consultation with the policy 16.50 group. 16.51 $12,000 each year is for funding sex 16.52 offender DNA testing. 16.53 $241,000 the first year and $173,000 16.54 the second year are for funding 16.55 additional staff, supplies, and 16.56 equipment necessary to conduct DNA 16.57 testing of persons required under 16.58 Minnesota Statutes, section 609.117, 16.59 subdivision 2, to submit biological 16.60 specimens. 16.61 $200,000 each year is for overtime 16.62 expenses. 17.1 Subd. 4. Fire Marshal 17.2 3,272,000 3,300,000 17.3 Subd. 5. Alcohol and 17.4 Gambling Enforcement 17.5 1,814,000 1,827,000 17.6 Subd. 6. Crime Victims 17.7 Services Center 17.8 33,702,000 29,713,000 17.9 $2,500,000 the first year and $500,000 17.10 the second year are for an increase in 17.11 per diem funding for shelters under 17.12 Minnesota Statutes, section 611A.32, 17.13 and for safe homes. Per diem funds 17.14 under this section shall be available 17.15 only for shelter and safe home programs 17.16 designated by the center for crime 17.17 victim services as of June 30, 2001. 17.18 $2,000,000 from the base budget 17.19 reduction in the second year must be 17.20 directed to cuts in the battered 17.21 women's grant program. 17.22 None of this appropriation shall be 17.23 used to fund construction of new 17.24 shelters or safe homes. 17.25 $50,000 each year is for funding safe 17.26 houses, programs, and services for male 17.27 domestic abuse victims and their 17.28 children. 17.29 $75,000 each year must be reallocated 17.30 within the base budget of the crime 17.31 victims services center for grants to 17.32 the cities of Minneapolis and St. Paul 17.33 to provide support services to the 17.34 surviving family members of homicide, 17.35 suicide, and accidental death victims. 17.36 If funds are available, the 17.37 commissioner may expand the grants to 17.38 other cities or counties. Grant 17.39 recipients must provide a 25 percent 17.40 match. The commissioner must report to 17.41 the chairs and ranking minority members 17.42 of the house and senate committees 17.43 having jurisdiction over criminal 17.44 justice funding and policy by January 17.45 15, 2002, on the specific services 17.46 provided under these grants, the 17.47 outcomes achieved, and the number of 17.48 persons served. 17.49 Any unencumbered balances remaining in 17.50 the first year do not cancel but are 17.51 available for the second year of the 17.52 biennium. 17.53 Subd. 7. Law Enforcement 17.54 and Community Grants 17.55 Summary by Fund 17.56 General 7,762,000 6,766,000 18.1 $100,000 the first year is a one-time 18.2 appropriation for increasing public 18.3 awareness about racial profiling. The 18.4 public awareness campaign must include 18.5 information for individuals who believe 18.6 they have been subject to racial 18.7 profiling on how to file a complaint. 18.8 $150,000 the first year is a one-time 18.9 appropriation for developing and 18.10 implementing up to four model policing 18.11 program pilot projects required under 18.12 Minnesota Statutes, section 626.8441, 18.13 subdivision 1, and to produce required 18.14 reports. 18.15 $250,000 the first year is a one-time 18.16 appropriation for a grant to the Ramsey 18.17 county attorney's office to continue 18.18 the joint domestic abuse prosecution 18.19 unit pilot project established by the 18.20 legislature under Laws 2000, chapter 18.21 471, section 3; and Laws 2000, chapter 18.22 488, article 6, section 10. The Ramsey 18.23 county attorney's office and the St. 18.24 Paul city attorney's office shall 18.25 report to the chairs and ranking 18.26 minority members of the senate and 18.27 house committees and divisions having 18.28 jurisdiction over criminal justice 18.29 policy and funding on the pilot 18.30 project. The report may include the 18.31 number and types of cases referred, the 18.32 number of cases charged, the outcome of 18.33 cases, and other relevant outcome 18.34 measures. The report is due to the 18.35 legislature by January 15, 2003. 18.36 $150,000 each year is a one-time 18.37 appropriation for the center for 18.38 reducing rural violence to continue 18.39 providing violence prevention services 18.40 and related technical assistance to 18.41 rural communities. 18.42 $663,000 the first year and $662,000 18.43 the second year is a one-time 18.44 appropriation for grants under either 18.45 Minnesota Statutes, section 299A.62 or 18.46 299A.68. Grants awarded from this 18.47 appropriation under Minnesota Statutes, 18.48 section 299A.62, are for overtime for 18.49 peace officers. Of the total grants 18.50 awarded from this appropriation under 18.51 Minnesota Statutes, section 299A.62, 50 18.52 percent must go to the St. Paul and 18.53 Minneapolis police departments and 50 18.54 percent must go to other law 18.55 enforcement agencies statewide. Any 18.56 amounts from this appropriation awarded 18.57 to the St. Paul police department must 18.58 be used to increase the current degree 18.59 of implementation of the HEAT law 18.60 enforcement strategy. The HEAT law 18.61 enforcement strategy must be a 18.62 community-driven strategic initiative 18.63 that is used to target criminal conduct 18.64 in specific areas of St. Paul with 18.65 higher crime rates than the city 18.66 average. It must target offenders 18.67 based upon their criminal behavior and 19.1 not other factors and be planned and 19.2 implemented taking into consideration 19.3 the wishes of the targeted communities. 19.4 Grants awarded under Minnesota 19.5 Statutes, section 299A.68, may be used 19.6 to cover costs for salaries, equipment, 19.7 office space, and other necessary 19.8 services or expenses of a financial 19.9 crimes investigation unit. The 19.10 commissioner must distribute the grants 19.11 in a manner designed to be equitable to 19.12 the grantees given their contributions 19.13 to the investigation unit and to 19.14 encourage their continued participation. 19.15 A law enforcement agency must provide a 19.16 50 percent match from nonstate funds or 19.17 in-kind contributions in order to 19.18 receive a grant under Minnesota 19.19 Statutes, section 299A.68. 19.20 $500,000 the first year is a one-time 19.21 appropriation for grants under 19.22 Minnesota Statutes, section 299C.065, 19.23 subdivision 1, clause (1), for 19.24 increased law enforcement costs 19.25 relating to methamphetamine trafficking 19.26 and production. Grant recipients must 19.27 be chosen by the office of drug policy 19.28 and violence prevention's narcotics 19.29 enforcement coordinating committee. 19.30 Grants must be allocated in a balanced 19.31 manner among rural, suburban, and urban 19.32 drug task force agencies. Grants may 19.33 be awarded and utilized for the 19.34 following items relating to clandestine 19.35 methamphetamine labs: 19.36 (1) increased general law enforcement 19.37 costs; 19.38 (2) training materials and public 19.39 awareness publications; 19.40 (3) peace officer training courses, 19.41 certification, and equipment; and 19.42 (4) reimbursements to law enforcement 19.43 agencies for extraordinary or unusual 19.44 overtime and investigative expenses. 19.45 Grants must not be utilized for 19.46 methamphetamine lab site cleanup or 19.47 disposal of seized equipment or 19.48 chemicals. Additionally, grants must 19.49 not supplant current local spending or 19.50 other state or federal grants allocated 19.51 by the commissioner of public safety 19.52 for similar purposes. 19.53 $150,000 each year is a one-time 19.54 appropriation for a grant to a 19.55 nonprofit organization that provides 19.56 gang prevention and intervention 19.57 services. The services provided to 19.58 at-risk youth shall include, but are 19.59 not limited to, education, job skills, 19.60 life skills, social recreation, and 19.61 volunteer community service 19.62 opportunities. 19.63 Up to 2.5 percent of these grant funds 20.1 may be used to administer the grant 20.2 programs. 20.3 The commissioner of public safety must 20.4 consider using a portion of federal 20.5 Byrne grant funds for grants to 20.6 organizations or agencies that provide 20.7 gang prevention services, such as the 20.8 boys and girls club, the youth 20.9 experiencing alternatives (YEA) 20.10 program, the police athletic league, 20.11 agencies eligible for Asian-American 20.12 juvenile crime intervention and 20.13 prevention grants under Minnesota 20.14 Statutes, section 299A.2994, 20.15 subdivision 3, clause (2), or other 20.16 similar organizations. 20.17 $1,000,000 each year is a one-time 20.18 appropriation for criminal gang strike 20.19 force grants under Minnesota Statutes, 20.20 section 299A.66. The commissioner of 20.21 public safety must provide direct 20.22 administrative and fiscal oversight for 20.23 all grants awarded under Minnesota 20.24 Statutes, section 299A.66. 20.25 The statewide commander for the 20.26 criminal gang strike force must be 20.27 appointed by the commissioner of public 20.28 safety in consultation with the gang 20.29 strike force oversight council. The 20.30 commander must be a licensed peace 20.31 officer. The commissioner must 20.32 reallocate funds within the base budget 20.33 of the gang strike force as necessary 20.34 to accomplish the commander's shift to 20.35 state employment. 20.36 Any unencumbered balances remaining in 20.37 the first year do not cancel but are 20.38 available for the second year of the 20.39 biennium. 20.40 Sec. 14. BOARD OF PEACE 20.41 OFFICER STANDARDS AND TRAINING 20.42 Summary by Fund 20.43 Special Revenue 4,692,000 4,724,000 20.44 General Fund 400,000 20.45 This appropriation is from the peace 20.46 officer training account in the special 20.47 revenue fund. Any receipts credited to 20.48 the peace officer training fund in the 20.49 special revenue fund in the first year 20.50 in excess of $4,692,000 must be 20.51 transferred and credited to the general 20.52 fund. Any receipts credited to the 20.53 peace officer training account in the 20.54 special revenue fund in the second year 20.55 in excess of $4,724,000 must be 20.56 transferred and credited to the general 20.57 fund. 20.58 $400,000 the first year is a one-time 20.59 appropriation for the board of peace 20.60 officer standards and training to 20.61 conduct regional training seminars that 21.1 are consistent with the learning 21.2 objectives described in Minnesota 21.3 Statutes, section 626.8471, subdivision 21.4 6, and to prepare training guidelines 21.5 and materials under Minnesota Statutes, 21.6 section 626.8471, subdivision 7. 21.7 The POST board must convene a 21.8 conference in 2001 to address 21.9 preservice programs, continuing 21.10 education, various standards, testing 21.11 and licensing, and other topics. The 21.12 board may spend up to $20,000 from its 21.13 base budget for the conference. 21.14 These appropriations may not be used 21.15 for any purposes other than the 21.16 purposes specified. 21.17 Sec. 15. BOARD OF PRIVATE 21.18 DETECTIVE AND PROTECTIVE AGENT 21.19 SERVICES 143,000 144,000 21.20 Sec. 16. DEPARTMENT OF ADMINISTRATION 35,000 21.21 $35,000 the first year is for severance 21.22 costs resulting from elimination of the 21.23 office of corrections ombudsman. To 21.24 the extent practicable and to the 21.25 extent consistent with any collective 21.26 bargaining agreements that apply, the 21.27 commissioner of employee relations must 21.28 find other comparable state employment 21.29 for employees displaced by elimination 21.30 of the office of ombudsman for the 21.31 Minnesota state department of 21.32 corrections. 21.33 Sec. 17. DEFICIENCY APPROPRIATION 21.34 Subdivision 1. Emergency Management Deficiency 21.35 Fiscal Year 2001 21.36 General 4,400,000 21.37 This appropriation for fiscal year 2001 21.38 is added to the appropriation in Laws 21.39 1999, chapter 216, article 1, section 21.40 7, subdivision 2, to provide matching 21.41 funds for federal emergency management 21.42 assistance funds received for natural 21.43 disaster assistance payments. This 21.44 appropriation is available the day 21.45 following final enactment. 21.46 Subd. 2. Tax Court Deficiency 21.47 Fiscal Year 2001 21.48 General 14,000 21.49 This appropriation for fiscal year 2001 21.50 is added to the appropriation in Laws 21.51 1999, chapter 216, article 1, section 21.52 6, for unanticipated severance costs. 21.53 This appropriation is available the day 21.54 following final enactment. 21.55 Sec. 18. SUNSET OF 21.56 UNCODIFIED LANGUAGE 22.1 All uncodified language contained in 22.2 this article expires on June 30, 2003, 22.3 unless a different expiration date is 22.4 explicit. 22.5 ARTICLE 2 22.6 CRIMNET PROVISIONS 22.7 Section 1. Minnesota Statutes 2000, section 299C.10, 22.8 subdivision 1, is amended to read: 22.9 Subdivision 1. [LAW ENFORCEMENT DUTYREQUIRED 22.10 FINGERPRINTING.] (a)It is hereby made the duty of theSheriffs 22.11of the respective counties, of the police, peace officersin22.12cities of the first, second, and third classes, under the22.13direction of the chiefs of police in such cities, andof22.14 community corrections agencies operating secure juvenile 22.15 detention facilitiestoshall take or cause to be taken 22.16 immediately finger and thumb prints, photographs, distinctive 22.17 physical mark identification data, information on any known 22.18 aliases or street names, and other identification data requested 22.19 or required by the superintendent of the bureau, of the 22.20 following: 22.21 (1) persons arrested for, appearing in court on a charge 22.22 of, or convicted of a felonyor, gross misdemeanor, or targeted 22.23 misdemeanor; 22.24 (2) juveniles arrested for, appearing in court on a charge 22.25 of, adjudicated delinquent for, or alleged to have committed 22.26 felonies or gross misdemeanors as distinguished from those 22.27 committed by adult offenders; 22.28 (3) persons reasonably believed by the arresting officer to 22.29 be fugitives from justice; 22.30 (4) persons in whose possession, when arrested, are found 22.31 concealed firearms or other dangerous weapons, burglar tools or 22.32 outfits, high-power explosives, or articles, machines, or 22.33 appliances usable for an unlawful purpose and reasonably 22.34 believed by the arresting officer to be intended for such 22.35 purposes; and 22.36 (5) juveniles referred by a law enforcement agency to a 22.37 diversion program for a felony or gross misdemeanor offense. 23.1 Unless the superintendent of the bureau requires a shorter 23.2 period, within 24 hours the fingerprint records and other 23.3 identification data specified under this paragraph must be 23.4 forwarded to the bureauof criminal apprehensionon such forms 23.5 and in such manner as may be prescribed by the superintendentof23.6the bureau of criminal apprehension. 23.7 (b)Effective August 1, 1997, the identification reporting23.8requirements shall also apply to persons arrested for or alleged23.9to have committed targeted misdemeanor offenses and juveniles23.10arrested for or alleged to have committed gross misdemeanors.23.11In addition, the reporting requirements shall include any known23.12aliases or street names of the offenders.23.13(c)For purposes of this section, a targeted misdemeanor is 23.14 a misdemeanor violation of section 169A.20 (driving while 23.15 impaired), 518B.01 (order for protection violation), 609.224 23.16 (fifth degree assault), 609.2242 (domestic assault), 609.746 23.17 (interference with privacy), 609.748 (harassment or restraining 23.18 order violation), or 617.23 (indecent exposure). 23.19 Sec. 2. Minnesota Statutes 2000, section 299C.11, is 23.20 amended to read: 23.21 299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 23.22 (a)TheEach sheriffof each countyandthechief of police 23.23of each city of the first, second, and third classesshall 23.24 furnish the bureau, upon such form as the superintendent shall 23.25 prescribe, with such finger and thumb prints, photographs, 23.26 distinctive physical mark identification data, information on 23.27 known aliases and street names, and other identification data as 23.28 may be requested or required by the superintendent of the 23.29 bureau, whichmaymust be taken under the provisions of section 23.30 299C.10, of persons who shall be convicted of a felony, gross23.31misdemeanor, or who shall be. In addition, sheriffs and chiefs 23.32 of police shall furnish this identification data to the bureau 23.33 for individuals found to have been convicted of a felonyor, 23.34 gross misdemeanor, or targeted misdemeanor, within the ten years 23.35nextimmediately preceding their arrest. 23.36 (b) No petition under chapter 609A is required if the 24.1 person has not been convicted of any felony or gross 24.2 misdemeanor, either within or without the state, within the 24.3 period of ten years immediately preceding the determination of 24.4 all pending criminal actions or proceedings in favor of the 24.5 arrested person, and either of the following occurred: 24.6 (1) all charges were dismissed prior to a determination of 24.7 probable cause; or 24.8 (2) the prosecuting authority declined to file any charges 24.9 and a grand jury did not return an indictment. 24.10 Where these conditions are met, the bureau or agency shall, upon 24.11 demand, return to the arrested person finger and thumb prints, 24.12 photographs, distinctive physical mark identification data, 24.13 information on known aliases and street names, and other 24.14 identification data, and all copies and duplicates of them. 24.15 (c) Except as otherwise provided in paragraph (b), upon the 24.16 determination of all pending criminal actions or proceedings in 24.17 favor of the arrested person, and the granting of the petition 24.18 of the arrested person under chapter 609A, the bureau shall seal 24.19 finger and thumb prints, photographs, distinctive physical mark 24.20 identification data, information on known aliases and street 24.21 names, and other identification data, and all copies and 24.22 duplicates of them if the arrested person has not been convicted 24.23 of any felony or gross misdemeanor, either within or without the 24.24 state, within the period of ten years immediately preceding such 24.25 determination. 24.26 (d) DNA samples and DNA records of the arrested person 24.27 shall not be returned, sealed, or destroyed as to a charge 24.28 supported by probable cause. 24.29 (e) For purposes of this section,: 24.30 (1) "determination of all pending criminal actions or 24.31 proceedings in favor of the arrested person" does not include: 24.32(1)(i) the sealing of a criminal record pursuant to 24.33 section 152.18, subdivision 1, 242.31, or chapter 609A; 24.34(2)(ii) the arrested person's successful completion of a 24.35 diversion program; 24.36(3)(iii) an order of discharge under section 609.165; or 25.1(4)(iv) a pardon granted under section 638.02; and 25.2 (2) "targeted misdemeanor" has the meaning given in section 25.3 299C.10, subdivision 1. 25.4 Sec. 3. [299C.111] [SUSPENSE FILE REPORTING.] 25.5 (a) By June 1 and December 1 of each year, the 25.6 superintendent shall provide every entity or individual having 25.7 responsibility regarding identification data under section 25.8 299C.10 and the criminal and juvenile justice information policy 25.9 group with summary data on the number of disposition records 25.10 pertaining to the entity or individual that have not been linked 25.11 to an arrest record. 25.12 (b) The superintendent shall immediately notify the 25.13 appropriate entity or individual when a disposition record is 25.14 received that cannot be linked to an arrest record. 25.15 Sec. 4. Minnesota Statutes 2000, section 299C.147, 25.16 subdivision 2, is amended to read: 25.17 Subd. 2. [ESTABLISHMENT.] The bureau shall administer and 25.18 maintain a computerized data system for the purpose of assisting 25.19 criminal justice agencies in monitoring and enforcing the 25.20 conditions of conditional release imposed on criminal offenders 25.21 by a sentencing court or the commissioner of corrections. The 25.22 data in the system are private data as defined in section 13.02, 25.23 subdivision 12, but are accessible to criminal justice agencies 25.24 as defined in section 13.02, subdivision 3a, to public defenders 25.25 as provided in section 611.272, to the district court, and to 25.26 criminal justice agencies in other states in the conduct of 25.27 their official duties. 25.28 Sec. 5. Minnesota Statutes 2000, section 299C.65, 25.29 subdivision 1, is amended to read: 25.30 Subdivision 1. [MEMBERSHIP, DUTIES.] (a) The criminal and 25.31 juvenile justice information policy group consists of the 25.32 commissioner of corrections, the commissioner of public safety, 25.33 the commissioner of administration, the commissioner of finance, 25.34 and four members of the judicial branch appointed by the chief 25.35 justice of the supreme court. The policy group may appoint 25.36 additional, nonvoting members as necessary from time to time. 26.1 (b) The commissioner of public safety is designated as the 26.2 chair of the policy group. The commissioner, in consultation 26.3 with the policy group, has overall responsibility for the 26.4 successful completion of statewide criminal justice information 26.5 system integration (CriMNet). The superintendent of the bureau 26.6 of criminal apprehension is responsible for the day-to-day 26.7 operations of CriMNet. The superintendent may hire a program 26.8 manager to manage the CriMNet projects. The superintendent must 26.9 insure that generally accepted project management techniques are 26.10 utilized for each CriMNet project including: 26.11 (1) clear sponsorship; 26.12 (2) scope management; 26.13 (3) project planning, control, and execution; 26.14 (4) risk assessment and mitigation; 26.15 (5) cost management; 26.16 (6) quality management reviews; 26.17 (7) communications management; and 26.18 (8) proven methodology. 26.19 (c) Products and services for CriMNet project management, 26.20 system design, implementation, and for application hosting must 26.21 be acquired using an appropriate procurement process, that 26.22 includes: 26.23 (1) a determination of required products and services; 26.24 (2) a request for proposal development and identification 26.25 of potential sources; 26.26 (3) competitive bid solicitation, evaluation, and 26.27 selection; and 26.28 (4) contract administration and close-out. 26.29 (d) The policy group shall study and make recommendations 26.30 to the governor, the supreme court, and the legislature on: 26.31 (1) a framework for integrated criminal justice information 26.32 systems, including the development and maintenance of a 26.33 community data model for state, county, and local criminal 26.34 justice information; 26.35 (2) the responsibilities of each entity within the criminal 26.36 and juvenile justice systems concerning the collection, 27.1 maintenance, dissemination, and sharing of criminal justice 27.2 information with one another; 27.3 (3) actions necessary to ensure that information maintained 27.4 in the criminal justice information systems is accurate and 27.5 up-to-date; 27.6 (4) the development of an information system containing 27.7 criminal justice information on gross misdemeanor-level and 27.8 felony-level juvenile offenders that is part of the integrated 27.9 criminal justice information system framework; 27.10 (5) the development of an information system containing 27.11 criminal justice information on misdemeanor arrests, 27.12 prosecutions, and convictions that is part of the integrated 27.13 criminal justice information system framework; 27.14 (6) comprehensive training programs and requirements for 27.15 all individuals in criminal justice agencies to ensure the 27.16 quality and accuracy of information in those systems; 27.17 (7) continuing education requirements for individuals in 27.18 criminal justice agencies who are responsible for the 27.19 collection, maintenance, dissemination, and sharing of criminal 27.20 justice data; 27.21 (8) a periodic audit process to ensure the quality and 27.22 accuracy of information contained in the criminal justice 27.23 information systems; 27.24 (9) the equipment, training, and funding needs of the state 27.25 and local agencies that participate in the criminal justice 27.26 information systems; 27.27 (10) the impact of integrated criminal justice information 27.28 systems on individual privacy rights; 27.29 (11) the impact of proposed legislation on the criminal 27.30 justice system, including any fiscal impact, need for training, 27.31 changes in information systems, and changes in processes; 27.32 (12) the collection of data on race and ethnicity in 27.33 criminal justice information systems; 27.34 (13) the development of a tracking system for domestic 27.35 abuse orders for protection; 27.36 (14) processes for expungement, correction of inaccurate 28.1 records, destruction of records, and other matters relating to 28.2 the privacy interests of individuals; and 28.3 (15) the development of a database for extended 28.4 jurisdiction juvenile records and whether the records should be 28.5 public or private and how long they should be retained. 28.6 Sec. 6. Minnesota Statutes 2000, section 299C.65, 28.7 subdivision 2, is amended to read: 28.8 Subd. 2. [REPORT, TASK FORCE.] (a) The policy group shall 28.9 file an annual report with the governor, supreme court, and 28.10 chairs and ranking minority members of the senate and house 28.11 committees and divisions with jurisdiction over criminal justice 28.12 funding and policy by December 1 of each year. 28.13 (b) The report must make recommendations concerning any 28.14 legislative changes or appropriations that are needed to ensure 28.15 that the criminal justice information systems operate accurately 28.16 and efficiently. To assist them in developing their 28.17 recommendations, the policy group shall appoint a task force 28.18 consisting of its members or their designees and the following 28.19 additional members: 28.20 (1) the director of the office of strategic and long-range 28.21 planning; 28.22 (2) two sheriffs recommended by the Minnesota sheriffs 28.23 association; 28.24 (3) two police chiefs recommended by the Minnesota chiefs 28.25 of police association; 28.26 (4) two county attorneys recommended by the Minnesota 28.27 county attorneys association; 28.28 (5) two city attorneys recommended by the Minnesota league 28.29 of cities; 28.30 (6) two public defenders appointed by the board of public 28.31 defense; 28.32 (7) two district judges appointed by the conference of 28.33 chief judges, one of whom is currently assigned to the juvenile 28.34 court; 28.35 (8) two community corrections administrators recommended by 28.36 the Minnesota association of counties, one of whom represents a 29.1 community corrections act county; 29.2 (9) two probation officers; 29.3 (10) four public members, one of whom has been a victim of 29.4 crime, and two who are representatives of the private business 29.5 community who have expertise in integrated information systems; 29.6 (11) two court administrators; 29.7 (12) one member of the house of representatives appointed 29.8 by the speaker of the house; 29.9 (13) one member of the senate appointed by the majority 29.10 leader; 29.11 (14) the attorney general or a designee; 29.12 (15) the commissioner of administration or a designee; 29.13 (16) an individual recommended by the Minnesota league of 29.14 cities; and 29.15 (17) an individual recommended by the Minnesota association 29.16 of counties. 29.17 In making these appointments, the appointing authority shall 29.18 select members with expertise in integrated data systems or best 29.19 practices. 29.20 (c) The commissioner of public safety may appoint 29.21 additional, nonvoting members to the task force as necessary 29.22 from time to time. 29.23 Sec. 7. [609.118] [FINGERPRINTING REQUIRED.] 29.24 (a) When a person is convicted of a felony, gross 29.25 misdemeanor, or targeted misdemeanor, as defined in section 29.26 299C.10, subdivision 1, or is adjudicated delinquent for a 29.27 felony or gross misdemeanor, the court shall order the offender 29.28 to immediately report to the law enforcement agency responsible 29.29 for the collection of fingerprint and other identification data 29.30 required under section 299C.10, regardless of the sentence 29.31 imposed or executed. 29.32 (b) Paragraph (a) does not apply if the person is remanded 29.33 to the custody of a law enforcement agency or if the 29.34 identification data was collected prior to the conviction or 29.35 adjudication for the offense. 29.36 (c) A person who fails to obey a court order under 30.1 paragraph (a) is subject to probation revocation, contempt of 30.2 court, or any other appropriate remedy. 30.3 (d) This section does not limit or restrict any other 30.4 statutory requirements or local policies regarding the 30.5 collection of identification data. 30.6 Sec. 8. [EFFECTIVE DATES.] 30.7 Sections 1 to 7 are effective July 1, 2001, except that 30.8 section 3, paragraph (b), is effective August 1, 2001. 30.9 ARTICLE 3 30.10 PREDATORY OFFENDER REGISTRATION AND RELATED PROVISIONS 30.11 Section 1. Minnesota Statutes 2000, section 243.166, 30.12 subdivision 1, is amended to read: 30.13 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall 30.14 register under this section if: 30.15 (1) the person was charged with or petitioned for a felony 30.16 violation of or attempt to violate any of the following, and 30.17 convicted of or adjudicated delinquent for that offense or 30.18 another offense arising out of the same set of circumstances: 30.19 (i) murder under section 609.185, clause (2); or 30.20 (ii) kidnapping under section 609.25; or 30.21 (iii) criminal sexual conduct under section 609.342; 30.22 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 30.23 (iv) indecent exposure under section 617.23, subdivision 3; 30.24 or 30.25 (2) the person was charged with or petitioned for falsely 30.26 imprisoning a minor in violation of section 609.255, subdivision 30.27 2; soliciting a minor to engage in prostitution in violation of 30.28 section 609.322 or 609.324; soliciting a minor to engage in 30.29 sexual conduct in violation of section 609.352; using a minor in 30.30 a sexual performance in violation of section 617.246; or 30.31 possessing pornographic work involving a minor in violation of 30.32 section 617.247, and convicted of or adjudicated delinquent for 30.33 that offense or another offense arising out of the same set of 30.34 circumstances; or 30.35 (3) the person was convicted of a predatory crime as 30.36 defined in section 609.108, and the offender was sentenced as a 31.1 patterned sex offender or the court found on its own motion or 31.2 that of the prosecutor that the crime was part of a predatory 31.3 pattern of behavior that had criminal sexual conduct as its 31.4 goal; or 31.5 (4) the person was convicted of or adjudicated delinquent 31.6 for, including pursuant to a court martial, violating a law of 31.7 the United States, including the Uniform Code of Military 31.8 Justice, similar to the offenses described in clause (1), (2), 31.9 or (3). 31.10 (b) A person also shall register under this section if:31.11(1)the person was convicted of or adjudicated delinquent 31.12 in another state for an offense that would be a violation of a 31.13 law described in paragraph (a) if committed in this state;31.14(2)and the person enters the state to reside,or towork, 31.15 or attend school; and31.16(3) ten years have not elapsed since the person was31.17released from confinement or, if the person was not confined,31.18since the person was convicted of or adjudicated delinquent for31.19the offense that triggers registration, or the person lives in 31.20 the state, regardless of the date of the person's conviction or 31.21 delinquency adjudication. 31.22 For purposes of this paragraph: 31.23 (i) "school" includes any public or private educational 31.24 institution, including any secondary school, trade or 31.25 professional institution, or institution of higher education, 31.26 that the person is enrolled in on a full-time or part-time 31.27 basis; and 31.28 (ii) "work" includes employment that is full-time or 31.29 part-time for a period of time exceeding 14 days or for an 31.30 aggregate period of time exceeding 30 days during any calendar 31.31 year, whether financially compensated, volunteered, or for the 31.32 purpose of government or educational benefit. 31.33 (c) A person also shall register under this section if the 31.34 person was committed pursuant to a court commitment order under 31.35 section 253B.185 or Minnesota Statutes 1992, section 526.10, or 31.36 a similar law of another state or the United States, regardless 32.1 of whether the person was convicted of any offense. 32.2 (d) A person also shall register under this section if: 32.3 (1) the person was charged with or petitioned for a felony 32.4 violation or attempt to violate any of the offenses listed in 32.5 paragraph (a), clause (1), or a similar law of another state or 32.6 the United States, or the person was charged with or petitioned 32.7 for a violation of any of the offenses listed in paragraph (a), 32.8 clause (2), or a similar law of another state or the United 32.9 States; 32.10 (2) the person was found not guilty by reason of mental 32.11 illness or mental deficiency after a trial for that offense, or 32.12 found guilty but mentally ill after a trial for that offense, in 32.13 states with a guilty but mentally ill verdict; and 32.14 (3) the person was committed pursuant to a court commitment 32.15 order under section 253B.18 or a similar law of another state or 32.16 the United States. 32.17 Sec. 2. Minnesota Statutes 2000, section 243.166, 32.18 subdivision 3, is amended to read: 32.19 Subd. 3. [REGISTRATION PROCEDURE.] (a) A person required 32.20 to register under this section shall register with the 32.21 corrections agent as soon as the agent is assigned to the 32.22 person. If the person does not have an assigned corrections 32.23 agent or is unable to locate the assigned corrections agent, the 32.24 person shall register with the law enforcement agency that has 32.25 jurisdiction in the area of the person's residence. 32.26 (b) At least five days before the person starts living at a 32.27 new primary address, including living in another state, the 32.28 person shall give written notice of the new primary living 32.29 address to the assigned corrections agent or to the law 32.30 enforcement authority with which the person currently is 32.31 registered. If the person will be living in a new state and 32.32 that state has a registration requirement, the person shall also 32.33 give written notice of the new address to the designated 32.34 registration agency in the new state. The corrections agent or 32.35 law enforcement authority shall, within two business days after 32.36 receipt of this information, forward it to the bureau of 33.1 criminal apprehension. The bureau of criminal apprehension 33.2 shall, if it has not already been done, notify the law 33.3 enforcement authority having primary jurisdiction in the 33.4 community where the person will live of the new address. If the 33.5 person is leaving the state, the bureau of criminal apprehension 33.6 shall notify the registration authority in the new state of the 33.7 new address. If the person's obligation to register arose under 33.8 subdivision 1, paragraph (b), the person's Minnesota 33.9 registration requirements under this section terminate when the 33.10 person begins living in the new state. If the person returns to 33.11 live in the state, the person must resume registration for the 33.12 duration of the person's original registration period, if any. 33.13 (c) A person required to register under subdivision 1, 33.14 paragraph (b), because the person is working or attending school 33.15 in Minnesota shall register with the law enforcement agency that 33.16 has jurisdiction in the area where the person works or attends 33.17 school. In addition to other information required by this 33.18 section, the person shall provide the address of the school or 33.19 of the location where the person is employed. A person must 33.20 comply with this paragraph within five days of beginning 33.21 employment or school. A person's obligation to register in 33.22 Minnesota under this paragraph terminates when the person is no 33.23 longer working or attending school in Minnesota. If the person 33.24 returns to work or to attend school in the state, the person 33.25 must resume registration for the duration of the person's 33.26 original registration period, if any. 33.27 (d) A person required to register under this section who 33.28 works or attends school outside of Minnesota shall register as a 33.29 predatory offender in the state where the person works or 33.30 attends school. The person's corrections agent, or if the 33.31 person does not have an assigned corrections agent, the law 33.32 enforcement authority that has jurisdiction in the area of the 33.33 person's residence shall notify the person of this requirement. 33.34 Sec. 3. Minnesota Statutes 2000, section 243.166, 33.35 subdivision 4a, is amended to read: 33.36 Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a) A 34.1 person required to register under this section shall provide to 34.2 the corrections agent or law enforcement authority the following 34.3 information: 34.4 (1) the address of the person's primary residence; 34.5 (2) the addresses of all the person's secondary 34.6 residences in Minnesota, including all addresses used for 34.7 residential or recreational purposes; 34.8 (3) the addresses of all Minnesota property owned, leased, 34.9 or rented by the person; 34.10 (4) the addresses of all locations where the person is 34.11 employed; 34.12 (5) the addresses of all residences where the person 34.13 resides while attending school; and 34.14 (6) the year, model, make, license plate number, and color 34.15 of all motor vehicles owned or regularly driven by the 34.16 person. "Motor vehicle" has the meaning given "vehicle" in 34.17 section 169.01, subdivision 2. 34.18 (b) The person shall report to the agent or authority the 34.19 information required to be provided under paragraph (a), clauses 34.20 (2) to (6), within five days of the date the clause becomes 34.21 applicable. If because of a change in circumstances a clause no 34.22 longer applies to previously reported information, the person 34.23 shall immediately inform the agent or authority that the 34.24 information is no longer valid. 34.25 Sec. 4. Minnesota Statutes 2000, section 243.166, 34.26 subdivision 6, is amended to read: 34.27 Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the 34.28 provisions of section 609.165, subdivision 1, and except as 34.29 provided in paragraphs (b), (c), and (d), a person required to 34.30 register under this section shall continue to comply with this 34.31 section until ten years have elapsed since the person initially 34.32 registered in connection with the offense, or until the 34.33 probation, supervised release, or conditional release period 34.34 expires, whichever occurs later. For a person required to 34.35 register under this section who is committed under section 34.36 253B.18 or 253B.185, the ten-year registration period does not 35.1 include the period of commitment. 35.2 (b) If a person required to register under this section 35.3 fails to register following a change in residence, the 35.4 commissioner of public safety may require the person to continue 35.5 to register for an additional period of five years. This 35.6 five-year period is added to the end of the offender's 35.7 registration period. 35.8 (c) If a person required to register under this section is 35.9 subsequently incarcerated following a revocation of probation, 35.10 supervised release, or conditional release for that offense, or 35.11 a conviction for any new offense, the person shall continue to 35.12 register until ten years have elapsed since the person was last 35.13 released from incarceration or until the person's probation, 35.14 supervised release, or conditional release period expires, 35.15 whichever occurs later. 35.16 (d) A person shall continue to comply with this section for 35.17 the life of that person: 35.18 (1) if the person is convicted of or adjudicated delinquent 35.19 for any offense for which registration is required under 35.20 subdivision 1, or any offense from another state or any federal 35.21 offense similar to the offenses described in subdivision 1, and 35.22 the person has a prior conviction or adjudication for an offense 35.23 for which registration was required under subdivision 1, or an 35.24 offense from another state or a federal offense similar to an 35.25 offense described in subdivision 1; 35.26 (2) if the person is required to register based upon a 35.27 conviction or delinquency adjudication for an offense under 35.28 section 609.185, clause (2); 609.342, subdivision 1, paragraph 35.29 (a), (c), (d), (e), (f), or (h); 609.343, subdivision 1, 35.30 paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 35.31 1, paragraph (a), (c), or (g); or 609.345, subdivision 1, 35.32 paragraph (a), (c), or (g); or a statute from another state or 35.33 the United States similar to the offenses described in this 35.34 clause; or 35.35 (3) if the person is required to register under subdivision 35.36 1, paragraph (c), following commitment pursuant to a court 36.1 commitment under section 253B.185 or a similar law of another 36.2 state or the United States. 36.3 Sec. 5. Minnesota Statutes 2000, section 243.167, 36.4 subdivision 1, is amended to read: 36.5 Subdivision 1. [DEFINITION.] As used in this section, 36.6 "crime against the person" means a violation of any of the 36.7 following or a similar law of another state or of the United 36.8 States: section 609.165; 609.185; 609.19; 609.195; 609.20; 36.9 609.205; 609.221; 609.222; 609.223; 609.224, subdivision 2 or 4; 36.10 609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1; 36.11 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 36.12 1; 609.582, subdivision 1; or 617.23, subdivision 2; or any 36.13 felony-level violation of section 609.229; 609.377; 609.749; or 36.14 624.713. 36.15 Sec. 6. Minnesota Statutes 2000, section 609.117, is 36.16 amended to read: 36.17 609.117 [DNA ANALYSIS OFCERTAINSEX OFFENDERS REQUIRED.] 36.18 Subdivision 1. [UPON SENTENCING.] The court shall order an 36.19 offender to provide a biological specimen for the purpose of DNA 36.20 analysis as defined in section 299C.155 when: 36.21 (1) the court sentences a person charged with violating or 36.22 attempting to violate any of the following, and the person is 36.23 convicted of that offense or of any offense arising out of the 36.24 same set of circumstances: 36.25 (i) murder under section 609.185, 609.19, or 609.195; 36.26 (ii) manslaughter under section 609.20 or 609.205; 36.27 (iii) assault under section 609.221, 609.222, or 609.223; 36.28 (iv) robbery under section 609.24 or aggravated robbery 36.29 under section 609.245; 36.30 (v) kidnapping under section 609.25; 36.31 (vi) false imprisonment under section 609.255; 36.32 (vii) criminal sexual conduct under section 609.342, 36.33 609.343, 609.344,or609.345, or 609.3451, subdivision 3; 36.34 (viii) incest under section 609.365; 36.35 (ix) burglary under section 609.582, subdivision 1; or 36.36 (x) indecent exposure under section 617.23, subdivision 3,37.1clause (2); 37.2 (2) the court sentences a person as a patterned sex 37.3 offender under section 609.108; or 37.4 (3) the juvenile court adjudicates a person a delinquent 37.5 child who is the subject of a delinquency petition for violating 37.6 or attempting to violate any of the following, and the 37.7 delinquency adjudication is based on a violation of one of those 37.8 sections or of any offense arising out of the same set of 37.9 circumstances: 37.10 (i) murder under section 609.185, 609.19, or 609.195; 37.11 (ii) manslaughter under section 609.20 or 609.205; 37.12 (iii) assault under section 609.221, 609.222, or 609.223; 37.13 (iv) robbery under section 609.24 or aggravated robbery 37.14 under section 609.245; 37.15 (v) kidnapping under section 609.25; 37.16 (vi) false imprisonment under section 609.255; 37.17 (vii) criminal sexual conduct under section 609.342, 37.18 609.343, 609.344,or609.345, or 609.3451, subdivision 3; 37.19 (viii) incest under section 609.365; 37.20 (ix) burglary under section 609.582, subdivision 1; or 37.21 (x) indecent exposure under section 617.23, subdivision 3,37.22clause (2). 37.23 The biological specimen or the results of the analysis shall be 37.24 maintained by the bureau of criminal apprehension as provided in 37.25 section 299C.155. 37.26 Subd. 2. [BEFORE RELEASE.] The commissioner of corrections 37.27 or local corrections authority shall order a person to provide a 37.28 biological specimen for the purpose of DNA analysis before 37.29 completion of the person's term of imprisonment when the person 37.30 has not provided a biological specimen for the purpose of DNA 37.31 analysis and the person: 37.32 (1)was convicted ofis currently serving a term of 37.33 imprisonment for or has a past conviction for violating or 37.34 attempting to violate any of the following or a similar law of 37.35 another state or the United States or initially charged with 37.36 violating one of the following sections or a similar law of 38.1 another state or the United States and convicted of another 38.2 offense arising out of the same set of circumstances: 38.3 (i) murder under section 609.185, 609.19, or 609.195; 38.4 (ii) manslaughter under section 609.20 or 609.205; 38.5 (iii) assault under section 609.221, 609.222, or 609.223; 38.6 (iv) robbery under section 609.24 or aggravated robbery 38.7 under section 609.245; 38.8 (v) kidnapping under section 609.25; 38.9 (vi) false imprisonment under section 609.255; 38.10 (vii) criminal sexual conduct under section 609.342, 38.11 609.343, 609.344,or609.345, or 609.3451, subdivision 3; 38.12 (viii) incest under section 609.365; 38.13 (ix) burglary under section 609.582, subdivision 1; or 38.14 (x) indecent exposure under section 617.23, subdivision 3,38.15clause (2); or 38.16 (2) was sentenced as a patterned sex offender under section 38.17 609.108, and committed to the custody of the commissioner of 38.18 corrections; or 38.19 (3) is serving a term of imprisonment in this state under a 38.20 reciprocal agreement although convicted in another state of an 38.21 offense described in this subdivision or a similar law of the 38.22 United States or any other state. The commissioner of 38.23 corrections or local corrections authority shall forward the 38.24 sample to the bureau of criminal apprehension. 38.25 Subd. 3. [OFFENDERS FROM OTHER STATES.] When the state 38.26 accepts an offender from another state under the interstate 38.27 compact authorized by section 243.16, the acceptance is 38.28 conditional on the offender providing a biological specimen for 38.29 the purposes of DNA analysis as defined in section 299C.155, if 38.30 the offender was convicted of an offense described in 38.31 subdivision 1 or a similar law of the United States or any other 38.32 state. The specimen must be provided under supervision of staff 38.33 from the department of corrections or a community corrections 38.34 act county within 15 business days after the offender reports to 38.35 the supervising agent. The cost of obtaining the biological 38.36 specimen is the responsibility of the agency providing 39.1 supervision. 39.2 Sec. 7. [LEGISLATIVE INTENT; REPEAL OF SECTION 243.166, 39.3 SUBDIVISION 10.] 39.4 The original intent of the legislature in enacting 39.5 Minnesota Statutes, section 243.166, subdivision 10, was to 39.6 provide for a more uniform application of the predatory offender 39.7 registration law. Applying certain amendments to the law 39.8 retroactively to certain offenders was intended to ease the 39.9 administrative burden on agencies enforcing the law and better 39.10 serve the policy underlying it. The subdivision was not 39.11 intended to act as a limitation on registration but rather, in 39.12 some cases, as an expansion. The intent in repealing this 39.13 subdivision is to prevent a potential judicial misinterpretation 39.14 of it that was neither intended nor contemplated by the 39.15 legislature. The repeal must not be construed as a substantive 39.16 change in the application or scope of Minnesota Statutes, 39.17 section 243.166. 39.18 Sec. 8. [REPEALER.] 39.19 Minnesota Statutes 2000, section 243.166, subdivision 10, 39.20 is repealed. 39.21 Sec. 9. [EFFECTIVE DATES.] 39.22 Sections 1 to 7 are effective the day following final 39.23 enactment, except that section 2, subdivision 3, paragraphs (b) 39.24 and (c), are effective retroactively. Section 8 is effective 39.25 retroactive to April 4, 2000. 39.26 ARTICLE 4 39.27 GENERAL CRIMINAL PROVISIONS 39.28 Section 1. Minnesota Statutes 2000, section 343.20, is 39.29 amended by adding a subdivision to read: 39.30 Subd. 6. [PET OR COMPANION ANIMAL.] "Pet or companion 39.31 animal" includes any animal owned, possessed by, cared for, or 39.32 controlled by a person for the present or future enjoyment of 39.33 that person or another as a pet or companion, or any stray pet 39.34 or stray companion animal. 39.35 Sec. 2. Minnesota Statutes 2000, section 343.20, is 39.36 amended by adding a subdivision to read: 40.1 Subd. 7. [SERVICE ANIMAL.] "Service animal" means an 40.2 animal trained to assist a person with a disability. 40.3 Sec. 3. Minnesota Statutes 2000, section 343.20, is 40.4 amended by adding a subdivision to read: 40.5 Subd. 8. [SUBSTANTIAL BODILY HARM.] "Substantial bodily 40.6 harm" means bodily injury which involves a temporary but 40.7 substantial disfigurement, or which causes a temporary but 40.8 substantial loss or impairment of the function of any bodily 40.9 member or organ, or which causes a fracture of any bodily member 40.10 to a service animal or a pet or companion animal. 40.11 Sec. 4. Minnesota Statutes 2000, section 343.20, is 40.12 amended by adding a subdivision to read: 40.13 Subd. 9. [GREAT BODILY HARM.] "Great bodily harm" means 40.14 bodily injury which creates a high probability of death, or 40.15 which causes serious permanent disfigurement, or which causes a 40.16 permanent or protracted loss or impairment of the function of 40.17 any bodily member or organ, or other serious bodily harm to a 40.18 service animal or a pet or companion animal. 40.19 Sec. 5. Minnesota Statutes 2000, section 343.21, is 40.20 amended by adding a subdivision to read: 40.21 Subd. 8a. [HARMING A SERVICE ANIMAL.] No person shall 40.22 intentionally and without justification cause bodily harm to a 40.23 service animal while it is providing service or while it is in 40.24 the custody of the person it serves. 40.25 Sec. 6. Minnesota Statutes 2000, section 343.21, 40.26 subdivision 9, is amended to read: 40.27 Subd. 9. [PENALTY.] (a) Except as otherwise provided in 40.28 this subdivision, a person who fails to comply with any 40.29 provision of this section is guilty of a misdemeanor. A person 40.30 convicted of a second or subsequent violation of subdivision 1 40.31 or 7 within five years of a previous violation of subdivision 1 40.32 or 7 is guilty of a gross misdemeanor. 40.33 (b) A person who intentionally violates subdivision 1 or 7 40.34 where the violation results in substantial bodily harm to a pet 40.35 or companion animal may be sentenced to imprisonment for not 40.36 more than one year or to payment of a fine of not more than 41.1 $3,000, or both. 41.2 (c) A person convicted of violating paragraph (b) within 41.3 five years of a previous gross misdemeanor or felony conviction 41.4 for violating this section may be sentenced to imprisonment for 41.5 not more than two years or to payment of a fine of not more than 41.6 $5,000, or both. 41.7 (d) A person who intentionally violates subdivision 1 or 7 41.8 where the violation results in death or great bodily harm to a 41.9 pet or companion animal may be sentenced to imprisonment for not 41.10 more than two years or to payment of a fine of not more than 41.11 $5,000, or both. 41.12 (e) A person who violates subdivision 8a where the 41.13 violation results in substantial bodily harm to a service animal 41.14 may be sentenced to imprisonment for not more than two years or 41.15 to payment of a fine of not more than $5,000, or both. 41.16 (f) A person who intentionally violates subdivision 1 or 7 41.17 where the violation results in substantial bodily harm to a pet 41.18 or companion animal, and the act is done to threaten, 41.19 intimidate, or terrorize another person, may be sentenced to 41.20 imprisonment for not more than two years or to payment of a fine 41.21 of not more than $5,000, or both. 41.22 (g) A person who violates subdivision 8a where the 41.23 violation results in death or great bodily harm to a service 41.24 animal may be sentenced to imprisonment for not more than four 41.25 years or to payment of a fine of not more than $10,000, or both. 41.26 (h) A person who intentionally violates subdivision 1 or 7 41.27 where the violation results in death or great bodily harm to a 41.28 pet or companion animal, and the act is done to threaten, 41.29 intimidate, or terrorize another person, may be sentenced to 41.30 imprisonment for not more than four years or to payment of a 41.31 fine of not more than $10,000, or both. 41.32 Sec. 7. Minnesota Statutes 2000, section 343.21, 41.33 subdivision 10, is amended to read: 41.34 Subd. 10. [RESTRICTIONS.] If a person is convicted of 41.35 violating this section, the court shall require that pet or 41.36 companion animals, as defined in section 346.36, subdivision 6,42.1 that have not been seized by a peace officer or agent and are in 42.2 the custody or control of the person must be turned over to a 42.3 peace officer or other appropriate officer or agent unless the 42.4 court determines that the person is able and fit to provide 42.5 adequately for an animal. If the evidence indicates lack of 42.6 proper and reasonable care of an animal, the burden is on the 42.7 person to affirmatively demonstrate by clear and convincing 42.8 evidence that the person is able and fit to have custody of and 42.9 provide adequately for an animal. The court may limit the 42.10 person's further possession or custody of pet or companion 42.11 animals, and may impose other conditions the court considers 42.12 appropriate, including, but not limited to: 42.13 (1) imposing a probation period during which the person may 42.14 not have ownership, custody, or control of a pet or companion 42.15 animal; 42.16 (2) requiring periodic visits of the person by an animal 42.17 control officer or agent appointed pursuant to section 343.01, 42.18 subdivision 1; 42.19 (3) requiring performance by the person of community 42.20 servicein a humane facility; and 42.21 (4) requiring the person to receive psychological, 42.22 behavioral, or other counseling. 42.23 Sec. 8. Minnesota Statutes 2000, section 609.487, 42.24 subdivision 4, is amended to read: 42.25 Subd. 4. [FLEEING AN OFFICER; DEATH; BODILY INJURY.] 42.26 Whoever flees or attempts to flee by means of a motor vehicle a 42.27 peace officer who is acting in the lawful discharge of an 42.28 official duty, and the perpetrator knows or should reasonably 42.29 know the same to be a peace officer, and who in the course of 42.30 fleeing causes the death of a human being not constituting 42.31 murder or manslaughter or any bodily injury to any person other 42.32 than the perpetrator may be sentenced to imprisonment as follows: 42.33 (a) If the course of fleeing results in death, to 42.34 imprisonment for not more thanten40 years or to payment of a 42.35 fine of not more than$20,000$80,000, or both; or 42.36 (b) If the course of fleeing results in great bodily harm, 43.1 to imprisonment for not more than seven years or to payment of a 43.2 fine of not more than $14,000, or both; or 43.3 (c) If the course of fleeing results in substantial bodily 43.4 harm, to imprisonment for not more than five years or to payment 43.5 of a fine of not more than $10,000, or both. 43.6 Sec. 9. Minnesota Statutes 2000, section 609.495, 43.7 subdivision 1, is amended to read: 43.8 Subdivision 1. (a) Whoever harbors, conceals,oraids, or 43.9 assists by word or acts anotherknown bywhom the actorto have43.10 knows or has reason to know has committed afelonycrime under 43.11 the laws of this or another state or of the United States with 43.12 intent that such offender shall avoid or escape from arrest, 43.13 trial, conviction, or punishment, may be sentenced to 43.14 imprisonment for not more than three years or to payment of a 43.15 fine of not more than $5,000, or both if the crime committed or 43.16 attempted by the other person is a felony. 43.17 (b) Whoever knowingly harbors, conceals, or aids a person 43.18 who is on probation, parole, or supervised release because of a 43.19 felony level conviction and for whom an arrest and detention 43.20 order has been issued, with intent that the person evade or 43.21 escape being taken into custody under the order, may be 43.22 sentenced to imprisonment for not more than three years or to 43.23 payment of a fine of not more than $5,000, or both. As used in 43.24 this paragraph, "arrest and detention order" means a written 43.25 order to take and detain a probationer, parolee, or supervised 43.26 releasee that is issued under section 243.05, subdivision 1; 43.27 244.19, subdivision 4; or 401.02, subdivision 4. 43.28 Sec. 10. Minnesota Statutes 2000, section 609.495, 43.29 subdivision 3, is amended to read: 43.30 Subd. 3. Whoever intentionally aids another personknown43.31bywhom the actorto haveknows or has reason to know has 43.32 committed a criminal act, by destroying or concealing evidence 43.33 of that crime, providing false or misleading information about 43.34 that crime, receiving the proceeds of that crime, or otherwise 43.35 obstructing the investigation or prosecution of that crime is an 43.36 accomplice after the fact and may be sentenced to not more than 44.1 one-half of the statutory maximum sentence of imprisonment or to 44.2 payment of a fine of not more than one-half of the maximum fine 44.3 that could be imposed on the principal offender for the crime of 44.4 violence. For purposes of this subdivision, "criminal act" 44.5 means an act that is a crime listed in section 609.11, 44.6 subdivision 9, under the laws of this or another state, or of 44.7 the United States, and also includes an act that would be a 44.8 criminal act if committed by an adult. 44.9 Sec. 11. Minnesota Statutes 2000, section 609.521, is 44.10 amended to read: 44.11 609.521 [POSSESSION OF SHOPLIFTING GEAR.] 44.12 (a) As used in this section, an "electronic article 44.13 surveillance system" means any electronic device or devices that 44.14 are designed to detect the unauthorized removal of marked 44.15 merchandise from a store. 44.16 (b) Whoever has in possession any device, gear, or 44.17 instrumentspeciallydesigned to assist in shoplifting or 44.18 defeating an electronic article surveillance system with intent 44.19 to use the same to shoplift and thereby commit theft may be 44.20 sentenced to imprisonment for not more than three years or to 44.21 payment of a fine of not more than $5,000, or both. 44.22 Sec. 12. [609.652] [FRAUDULENT DRIVERS' LICENSES AND 44.23 IDENTIFICATION CARDS; PENALTY.] 44.24 Subdivision 1. [DEFINITIONS.] For purposes of this section: 44.25 (1) "driver's license or identification card" means a 44.26 driver's license or identification card issued by the driver and 44.27 vehicle services division of the department of public safety or 44.28 receipts issued by its authorized agents or those of any state 44.29 or jurisdiction as defined in section 171.01 that issues 44.30 licenses recognized in this state for the operation of a motor 44.31 vehicle or that issues identification cards recognized in this 44.32 state for the purpose of indicating a person's legal name and 44.33 age; 44.34 (2) "fraudulent driver's license or identification card" 44.35 means a document purporting to be a driver's license or 44.36 identification card, but that is not authentic; and 45.1 (3) "sell" means to sell, give away, barter, deliver, 45.2 exchange, distribute, or dispose of to another. 45.3 Subd. 2. [CRIMINAL ACTS.] A person who does any of the 45.4 following with intent to manufacture, sell, issue, publish, or 45.5 pass more than one fraudulent driver's license or identification 45.6 card or to cause or permit any of the items listed in clauses 45.7 (1) to (4) to be used in forging or making more than one false 45.8 or counterfeit driver's license or identification card for 45.9 consideration is guilty of a crime: 45.10 (1) has in control, custody, or possession any plate, 45.11 block, press, stone, digital image, computer software program, 45.12 encoding equipment, computer optical scanning equipment, or 45.13 digital photo printer, or other implement, or any part of such 45.14 an item, designed to assist in making a fraudulent driver's 45.15 license or identification card; 45.16 (2) engraves, makes, or amends, or begins to engrave, make, 45.17 or amend, any plate, block, press, stone, or other implement for 45.18 the purpose of producing a fraudulent driver's license or 45.19 identification card; 45.20 (3) uses a photocopier, digital camera, photographic image, 45.21 or computer software to generate a fraudulent driver's license 45.22 or identification card; or 45.23 (4) has in control, custody, or possession or makes or 45.24 provides paper or other material adapted and designed for the 45.25 making of a fraudulent driver's license or identification card. 45.26 Subd. 3. [PENALTIES.] A person who commits any act 45.27 described in subdivision 2 is guilty of a gross misdemeanor. A 45.28 person convicted of a second or subsequent offense of this 45.29 subdivision may be sentenced to imprisonment for not more than 45.30 four years or to payment of a fine of not more than $10,000, or 45.31 both. 45.32 Sec. 13. Minnesota Statutes 2000, section 617.247, 45.33 subdivision 3, is amended to read: 45.34 Subd. 3. [DISSEMINATION PROHIBITED.] (a) A person who 45.35 disseminates pornographic work to an adult or a minor, knowing 45.36 or with reason to know its content and character, is guilty of a 46.1 felony and may be sentenced to imprisonment for not more than 46.2fiveseven years and a fine of not more than $10,000 for a first 46.3 offense and for not more thanten15 years and a fine of not 46.4 more than $20,000 for a second or subsequent offense. 46.5 (b) A person who violates paragraph (a) is guilty of a 46.6 felony and may be sentenced to imprisonment for not more than 15 46.7 years if the violation occurs when the person is a registered 46.8 predatory offender under section 243.166. 46.9 Sec. 14. Minnesota Statutes 2000, section 617.247, 46.10 subdivision 4, is amended to read: 46.11 Subd. 4. [POSSESSION PROHIBITED.] (a) A person who 46.12 possesses a pornographic work or a computer disk or computer or 46.13 other electronic, magnetic, or optical storage system or a 46.14 storage system of any other type, containing a pornographic 46.15 work, knowing or with reason to know its content and character, 46.16 is guilty of a felony and may be sentenced to imprisonment for 46.17 not more thanthreefive years and a fine of not more than 46.18 $5,000 for a first offense and for not more thanfiveten years 46.19 and a fine of not more than $10,000 for a second or subsequent 46.20 offense. 46.21 (b) A person who violates paragraph (a) is guilty of a 46.22 felony and may be sentenced to imprisonment for not more than 46.23 ten years if the violation occurs when the person is a 46.24 registered predatory offender under section 243.166. 46.25 Sec. 15. [626.18] [ELECTRONIC SEARCH WARRANTS.] 46.26 Subdivision 1. [DEFINITIONS.] The definitions in this 46.27 subdivision apply to this section. 46.28 (a) The terms "electronic communication services" and 46.29 "remote computing services" shall be construed in accordance 46.30 with United States Code, title 18, sections 2701 to 2711. This 46.31 section does not apply to corporations that do not provide those 46.32 services to the general public. 46.33 (b) An "adverse result" occurs when notification of the 46.34 existence of a search warrant results in: 46.35 (1) danger to the life or physical safety of an individual; 46.36 (2) a flight from prosecution; 47.1 (3) the destruction of or tampering with evidence; 47.2 (4) the intimidation of potential witnesses; or 47.3 (5) serious jeopardy to an investigation or undue delay of 47.4 a trial. 47.5 (c) "Applicant" means a peace officer as defined in section 47.6 626.05, to whom a search warrant is issued pursuant to chapter 47.7 626. 47.8 (d) "Minnesota corporation" refers to any corporation or 47.9 other entity that is subject to section 5.25, excluding foreign 47.10 corporations. 47.11 (e) A "foreign corporation" is considered to be doing 47.12 business in Minnesota if it makes a contract or engages in a 47.13 terms of service agreement with a resident of Minnesota to be 47.14 performed in whole or in part by either party in Minnesota. The 47.15 making of the contract or terms of service agreement is 47.16 considered to be the agreement of the foreign corporation that 47.17 any administrative subpoena or search warrant properly served on 47.18 it has the same legal force and effect as if served personally 47.19 on it within the state of Minnesota. 47.20 (f) "Properly served" means that a search warrant has been 47.21 delivered by hand, or in a manner reasonably allowing for proof 47.22 of delivery if delivered by United States mail, overnight 47.23 delivery service, or facsimile to a person or entity listed in 47.24 section 5.25 or covered by this statute. 47.25 Subd. 2. [APPLICATION.] (a) The following provisions shall 47.26 apply to any search warrant issued under this chapter allowing a 47.27 search for records that are in the actual or constructive 47.28 possession of a foreign corporation that provides electronic 47.29 communication services or remote computing services to the 47.30 general public, where those records would reveal the identity of 47.31 the customers using those services; data stored by, or on behalf 47.32 of, the customer; the customer's usage of those services; the 47.33 recipient or destination of communications sent to or from those 47.34 customers; or the content of those communications. 47.35 (b) When properly served with a search warrant issued by 47.36 the Minnesota court, a foreign corporation subject to this 48.1 section shall provide to the applicant all records sought 48.2 pursuant to that warrant within eight business days of receipt, 48.3 including those records maintained or located outside this state. 48.4 (c) Where the applicant makes a showing and the judge finds 48.5 that failure to produce records within less than eight business 48.6 days would cause an adverse result, the warrant may require 48.7 production of records within less than eight business days. A 48.8 court may reasonably extend the time required for production of 48.9 the records upon finding that the foreign corporation has shown 48.10 good cause for that extension and that an extension of time 48.11 would not cause an adverse result. 48.12 (d) A foreign corporation seeking to quash the warrant must 48.13 seek relief from the court that issued the warrant within the 48.14 time required for production of records under this section. The 48.15 issuing court shall hear and decide that motion no later than 48.16 eight court days after the motion is filed. 48.17 (e) The foreign corporation shall verify the authenticity 48.18 of records that it produces by providing a written affidavit or 48.19 statement to that effect. 48.20 Subd. 3. [WARRANT OF ANOTHER STATE.] A Minnesota 48.21 corporation that provides electronic communication services or 48.22 remote computing services to the general public, when served 48.23 with a warrant issued by another state to produce records that 48.24 would reveal the identity of the customers using those services; 48.25 data stored by, or on behalf of, the customer; the customer's 48.26 usage of those services; the recipient or destination of 48.27 communications sent to or from those customers; or the content 48.28 of those communications, shall produce those records as if that 48.29 warrant had been issued by a Minnesota court. 48.30 Subd. 4. [IMMUNITY.] No cause of action shall lie against 48.31 any foreign or Minnesota corporation subject to this section, 48.32 its officers, employees, agents, or other specified persons for 48.33 providing records, information, facilities, or assistance in 48.34 accordance with the terms of a warrant issued pursuant to this 48.35 chapter. 48.36 Sec. 16. [EFFECTIVE DATE.] 49.1 Sections 1 to 14 are effective August 1, 2001, and apply to 49.2 crimes committed on or after that date. 49.3 ARTICLE 5 49.4 COURTS 49.5 Section 1. Minnesota Statutes 2000, section 2.724, 49.6 subdivision 3, is amended to read: 49.7 Subd. 3. [RETIRED JUSTICES AND JUDGES.] (a) The chief 49.8 justice of the supreme court may assign a retired justice of the 49.9 supreme court to act as a justice of the supreme court pursuant 49.10 to subdivision 2 or as a judge of any other court. The chief 49.11 justice may assign a retired judge of any court to act as a 49.12 judge of any court except the supreme court.A judge acting49.13pursuant to this paragraph shall receive pay and expenses in the49.14amount and manner provided by law for judges serving on the49.15court to which the retired judge is assigned, less the amount of49.16retirement pay which the judge is receivingThe chief justice of 49.17 the supreme court shall determine the pay and expenses to be 49.18 received by a judge acting pursuant to this paragraph. 49.19 (b) A judge who has been elected to office and who has 49.20 retired as a judge in good standing and is not practicing law 49.21 may also be appointed to serve as judge of any court except the 49.22 supreme court. A retired judge acting under this paragraph will 49.23 receive pay and expenses in the amount established by the 49.24 supreme court. 49.25 Sec. 2. [15A.0821] [JUDGES' SALARIES.] 49.26 Subdivision 1. [ANNUAL INCREASE.] Effective January 1 of 49.27 each year, the salaries of judges of the supreme court, court of 49.28 appeals, and district court are increased by the average of the 49.29 general salary adjustment for state employees in the fiscal year 49.30 ending the prior June 30 in collective bargaining agreements or 49.31 arbitration awards ratified by the legislature. 49.32 Subd. 2. [CALCULATION.] The commissioner of employee 49.33 relations shall calculate the average of the general salary 49.34 adjustments provided by collective bargaining agreements or 49.35 arbitration awards that have been ratified by the legislature. 49.36 Collective bargaining agreements or arbitration awards that do 50.1 not include general salary adjustments may not be included in 50.2 these calculations. The commissioner shall weight the general 50.3 salary adjustments by the number of full-time equivalent 50.4 employees covered by each agreement or award. The results of 50.5 the commissioner's calculations must be expressed as a 50.6 percentage, rounded to the nearest one-tenth of one percent. 50.7 The commissioner shall calculate the new salaries for judges and 50.8 report them to the chief justice of the supreme court by 50.9 December 1 each year. The salary adjustments provided in this 50.10 section do not limit the ability of the legislature to provide 50.11 other adjustments in other law. 50.12 Sec. 3. Minnesota Statutes 2000, section 15A.083, 50.13 subdivision 4, is amended to read: 50.14 Subd. 4. [RANGES FOR OTHER JUDICIAL POSITIONS.] Salaries 50.15 or salary ranges are provided for the following positions in the 50.16 judicial branch of government. The appointing authority of any 50.17 position for which a salary range has been provided shall fix 50.18 the individual salary within the prescribed range, considering 50.19 the qualifications and overall performance of the employee. The 50.20 supreme court shall set the salary of the state court 50.21 administrator and the salaries of district court 50.22 administrators. The salary of the state court administrator or 50.23 a district court administrator may not exceed the salary of a 50.24 district court judge. If district court administrators die, the 50.25 amounts of their unpaid salaries for the months in which their 50.26 deaths occur must be paid to their estates. The salary of the 50.27 state public defendermust be 95 percent of the salary of the50.28attorney generalshall be fixed by the state board of public 50.29 defense but must not exceed the salary of a district court judge. 50.30 Salary or Range 50.31 Effective 50.32 July 1, 1994 50.33 Board on judicial standards 50.34 executive director $44,000-60,000 50.35 Sec. 4. [518.1781] [SIX-MONTH REVIEW.] 50.36 (a) A decree of dissolution or legal separation or an order 51.1 that establishes child custody, parenting time, or support 51.2 rights and obligations of parents must contain a review date six 51.3 months after its entry. At the six-month hearing, the court 51.4 must review: 51.5 (1) whether child support is current; and 51.6 (2) whether both parties are complying with the parenting 51.7 time provisions of the order. 51.8 (b) At the six-month hearing, the obligor has the burden to 51.9 present evidence to establish that child support payments are 51.10 current. A party may request that the public authority provide 51.11 information to the parties and court regarding child support 51.12 payments. A party must request the information from the public 51.13 authority at least 14 days before the hearing. The commissioner 51.14 of human services must develop a form to be used by the public 51.15 authority to submit child support payment information to the 51.16 parties and court. 51.17 (c) A hearing need not be held under this section if both 51.18 parties file an affidavit with the court administrator before 51.19 the scheduled hearing date indicating that child support is 51.20 current and that the parties are complying with the parenting 51.21 time provisions of the order. 51.22 (d) Contempt of court and all statutory remedies for child 51.23 support and parenting time enforcement may be imposed by the 51.24 court at the six-month hearing for noncompliance by either party. 51.25 (e) At least one month before the six-month hearing, a 51.26 court administrator must send the parties written notice of the 51.27 hearing. The written notice must include a statement that an 51.28 obligor has the burden to present evidence at the hearing to 51.29 establish that child support payments are current. The written 51.30 notice also must include a statement that a hearing will not be 51.31 held if both parties submit an affidavit to the court 51.32 administrator before the hearing date indicating that child 51.33 support is current and that the parties are in compliance with 51.34 parenting time provisions. 51.35 Sec. 5. [518.1782] [ACCOUNTING FOR CHILD SUPPORT BY 51.36 OBLIGEE.] 52.1 (a) Upon the motion of an obligor, a court may order an 52.2 obligee to account for the use or disposition of child support 52.3 received. The motion must assert the specific allegations of 52.4 abuse or misapplication of child support received and that a 52.5 child's needs are not being met. If the court orders a hearing, 52.6 the court may order an accounting only if the obligor 52.7 establishes the specific allegations of abuse or misapplication 52.8 of child support received and that the child's needs are not 52.9 being met. 52.10 (b) If the court orders an accounting under paragraph (a), 52.11 the obligee must provide documentation that breaks down monthly 52.12 expenditures of child support received into the following 52.13 categories: 52.14 (1) housing and utilities; 52.15 (2) food; 52.16 (3) transportation; 52.17 (4) clothing; 52.18 (5) health care; 52.19 (6) child care and education; and 52.20 (7) miscellaneous. 52.21 An obligee may account for expenditures on housing, utilities, 52.22 food, and transportation that are attributable to multiple 52.23 household members on a per capita basis. 52.24 (c) If the court finds that an obligee does not make the 52.25 accounting required under paragraph (b) or the obligee does not 52.26 spend the entire child support payment on behalf of the child, 52.27 the court may: 52.28 (1) hold the obligee in contempt of court; 52.29 (2) reduce or eliminate the obligor's child support 52.30 obligation; 52.31 (3) order the obligee to make future expenditures on behalf 52.32 of the child, whether in whole or in part, in a manner that 52.33 documents the transaction; or 52.34 (4) make any other appropriate order to ensure that the 52.35 needs of the child are met. 52.36 (d) If the court determines that an obligor's motion under 53.1 this section is brought in bad faith, the court may award 53.2 reasonable attorney fees to the obligee. 53.3 Sec. 6. Minnesota Statutes 2000, section 611.23, is 53.4 amended to read: 53.5 611.23 [OFFICE OF STATE PUBLIC DEFENDER; APPOINTMENT; 53.6 SALARY.] 53.7 The state public defender is responsible to the state board 53.8 of public defense. The state public defender shall be appointed 53.9 by the state board of public defense for a term of four years, 53.10 except as otherwise provided in this section, and until a 53.11 successor is appointed and qualified. The state public defender 53.12 shall be a full-time qualified attorney, licensed to practice 53.13 law in this state, serve in the unclassified service of the 53.14 state, and be removed only for cause by the appointing 53.15 authority. Vacancies in the office shall be filled by the 53.16 appointing authority for the unexpired term. The salary of the 53.17 state public defender shall be fixed by the state board of 53.18 public defense but must not exceed the salary ofthe chief53.19deputy attorney generala district court judge. Terms of the 53.20 state public defender shall commence on July 1. The state 53.21 public defender shall devote full time to the performance of 53.22 duties and shall not engage in the general practice of law. 53.23 Sec. 7. Minnesota Statutes 2000, section 611.272, is 53.24 amended to read: 53.25 611.272 [ACCESS TO GOVERNMENT DATA.] 53.26 The district public defender, the state public defender, or 53.27 an attorney working for a public defense corporation under 53.28 section 611.216 has access to the criminal justice data 53.29 communications network described in section 299C.46, as provided 53.30 in this section. Access to data under this section is limited 53.31 to data regarding the public defender's own client as necessary 53.32 to prepare criminal cases in which the public defender has been 53.33 appointed, including, but not limited to, criminal history data 53.34 under section 13.87; juvenile offender data under section 53.35 299C.095; warrant information data under section 299C.115; 53.36 incarceration data under section 299C.14; conditional release 54.1 data under section 299C.147; and diversion program data under 54.2 section 299C.46, subdivision 5. The public defender does not 54.3 have access to law enforcement active investigative data under 54.4 section 13.82, subdivision 7; data protected under section 54.5 13.82, subdivision 17; or confidential arrest warrant indices 54.6 data under section 13.82, subdivision 19. The public defender 54.7 has access to the data at no charge, except for the monthly 54.8 network access charge under section 299C.46, subdivision 3, 54.9 paragraph (b), and a reasonable installation charge for a 54.10 terminal. Notwithstanding section 13.87, subdivision 3, there 54.11 shall be no charge to public defenders for Internet access to 54.12 public criminal history data. 54.13 Sec. 8. [EFFECTIVE DATE.] 54.14 Section 2 is effective for increases to take effect January 54.15 1, 2004, based on calculations by the commissioner of employee 54.16 relations reported by December 1, 2003. 54.17 ARTICLE 6 54.18 PUBLIC SAFETY 54.19 Section 1. Minnesota Statutes 2000, section 13.87, is 54.20 amended by adding a subdivision to read: 54.21 Subd. 3. [INTERNET ACCESS.] (a) Notwithstanding section 54.22 13.03, subdivision 3, paragraph (a), the bureau of criminal 54.23 apprehension may charge a fee for Internet access to public 54.24 criminal history data provided through August 1, 2003. The fee 54.25 may not exceed $5 per inquiry or the amount needed to recoup the 54.26 actual cost of implementing and providing Internet access, 54.27 whichever is less. 54.28 (b) The Web site must include a notice to the subject of 54.29 the data of the right to contest the accuracy or completeness of 54.30 data, as provided under section 13.04, subdivision 4, and 54.31 provide a telephone number and address that the subject may 54.32 contact for further information on this process. 54.33 (c) The Web site must include the effective date of data 54.34 that is posted. 54.35 (d) The Web site must include a description of the types of 54.36 criminal history data not available on the site, including 55.1 arrest data, juvenile data, criminal history data from other 55.2 states, federal data, data on convictions where 15 years have 55.3 elapsed since discharge of the sentence, and other data that are 55.4 not accessible to the public. 55.5 Sec. 2. Minnesota Statutes 2000, section 171.29, 55.6 subdivision 2, is amended to read: 55.7 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 55.8 license has been revoked as provided in subdivision 1, except 55.9 under section 169A.52or, 169A.54, or 609.21, shall pay a $30 55.10 fee before the driver's license is reinstated. 55.11 (b) A person whose driver's license has been revoked as 55.12 provided in subdivision 1 under section 169A.52or, 169A.54, or 55.13 609.21, shall pay a$250$360 fee plus a $40 surcharge before 55.14 the driver's license is reinstated. Of the revenue from the 55.15 $360 fee, $200,000 of the revenue from the first $250 must be 55.16 credited to a separate account to be known as the 55.17 alcohol-impaired driver education account, and is appropriated 55.18 each fiscal year to the commissioner of children, families, and 55.19 learning for programs for elementary and secondary school 55.20 students. The$250remainder of the revenue from the $360 fee 55.21 is to be credited as follows: 55.22 (1) Twenty percent of the revenue from the first $250 must 55.23 be credited to the trunk highway fund. 55.24 (2)Fifty-five percent must be credited to the general fund.55.25(3)Eight percent of the revenue from the first $250 must 55.26 be credited to a separate account to be known as the bureau of 55.27 criminal apprehension account. Money in this account may be 55.28 appropriated to the commissioner of public safety and the 55.29 appropriated amount must be apportioned 80 percent for 55.30 laboratory costs and 20 percent for carrying out the provisions 55.31 of section 299C.065. 55.32(4) Twelve percent must be credited to a separate account55.33to be known as the alcohol-impaired driver education account.55.34Money in the account is appropriated as follows:55.35(i) the first $200,000 in a fiscal year to the commissioner55.36of children, families, and learning for programs for elementary56.1and secondary school students; and56.2(ii) the remainder credited in a fiscal year to the56.3commissioner of transportation to be spent as grants to the56.4Minnesota highway safety center at St. Cloud State University56.5for programs relating to alcohol and highway safety education in56.6elementary and secondary schools.56.7(5)(3) Five percent of the revenue from the first $250 56.8 must be credited to a separate account to be known as the 56.9 traumatic brain injury and spinal cord injury account. 56.10 (4) The remainder of the revenue from the $360 fee must be 56.11 credited to the general fund. 56.12 (c) The money in the traumatic brain injury and spinal cord 56.13 injury account is annually appropriated to the commissioner of 56.14 health to be used as follows: 35 percent for a contract with a 56.15 qualified community-based organization to provide information, 56.16 resources, and support to assist persons with traumatic brain 56.17 injury and their families to access services, and 65 percent to 56.18 maintain the traumatic brain injury and spinal cord injury 56.19 registry created in section 144.662. For the purposes of this 56.20 clause, a "qualified community-based organization" is a private, 56.21 not-for-profit organization of consumers of traumatic brain 56.22 injury services and their family members. The organization must 56.23 be registered with the United States Internal Revenue Service 56.24 under section 501(c)(3) as a tax-exempt organization and must 56.25 have as its purposes: 56.26 (i) the promotion of public, family, survivor, and 56.27 professional awareness of the incidence and consequences of 56.28 traumatic brain injury; 56.29 (ii) the provision of a network of support for persons with 56.30 traumatic brain injury, their families, and friends; 56.31 (iii) the development and support of programs and services 56.32 to prevent traumatic brain injury; 56.33 (iv) the establishment of education programs for persons 56.34 with traumatic brain injury; and 56.35 (v) the empowerment of persons with traumatic brain injury 56.36 through participation in its governance. 57.1 No patient's name, identifying information or identifiable 57.2 medical data will be disclosed to the organization without the 57.3 informed voluntary written consent of the patient or patient's 57.4 guardian, or if the patient is a minor, of the parent or 57.5 guardian of the patient. 57.6(c)(d) The $40 surcharge must be credited to a separate 57.7 account to be known as the remote electronic alcohol monitoring 57.8 program account. The commissioner shall transfer the balance of 57.9 this account to the commissioner of finance on a monthly basis 57.10 for deposit in the general fund. 57.11(d)(e) When these fees are collected by a licensing agent, 57.12 appointed under section 171.061, a handling charge is imposed in 57.13 the amount specified under section 171.061, subdivision 4. The 57.14 reinstatement fees and surcharge must be deposited in an 57.15 approved state depository as directed under section 171.061, 57.16 subdivision 4. 57.17 Sec. 3. [299A.68] [FINANCIAL CRIMES INVESTIGATION UNIT 57.18 ESTABLISHED.] 57.19 Subdivision 1. [INVESTIGATION UNIT ESTABLISHED.] A group 57.20 of two or more local governmental units may enter into an 57.21 agreement to establish a major financial crimes investigation 57.22 unit. 57.23 Subd. 2. [INVESTIGATION UNIT'S DUTIES.] The investigation 57.24 unit shall investigate consumer identity theft cases and 57.25 reported financial crimes from individuals and businesses who 57.26 are victims of such crimes. The investigation unit shall focus 57.27 on financial crimes including, but not limited to: theft, 57.28 fraud, and forgery crimes, including identity theft, check 57.29 forgery, fraud in obtaining credit, financial transaction card 57.30 fraud, theft from merchants, possession or sale of stolen or 57.31 counterfeit checks, issuance of dishonored checks, creation or 57.32 use of counterfeit state identification, obtaining counterfeit 57.33 state identification, fraudulent Internet transactions, 57.34 fraudulent merchandise returns, and other related financial 57.35 crimes. In particular, the investigation unit shall target 57.36 criminals who: 58.1 (1) commit multiple cross-jurisdictional financial crimes; 58.2 (2) employ computers and other sophisticated technology to 58.3 counterfeit documents or commit fraud; or 58.4 (3) illegally obtain consumer information for identity 58.5 theft. 58.6 Subd. 3. [ROLE OF PARTICIPATING LOCAL GOVERNMENTAL UNITS.] 58.7 The local governmental units that agree to form and participate 58.8 in the financial crimes investigation unit shall oversee the 58.9 investigation unit's operation by establishing procedures and 58.10 guidelines in their agreement. The agreement may address the 58.11 following: 58.12 (1) the command structure of the investigation unit; 58.13 (2) acquisition of equipment, office space, and 58.14 transportation; 58.15 (3) procedures for contracting for necessary administrative 58.16 support; 58.17 (4) selection and assignment of members; 58.18 (5) transfer of investigation unit members; 58.19 (6) resolution of disputes between participating local 58.20 governmental units; and 58.21 (7) all other issues deemed pertinent by the participating 58.22 local governmental units. 58.23 Subd. 4. [COMMANDER.] The participating local governmental 58.24 units shall select a commander to direct the investigation 58.25 unit. The commander shall make tactical decisions regarding the 58.26 commencement, continuation, and conclusion of investigations of 58.27 crimes within the investigation unit's jurisdiction. The 58.28 commander shall also report annually to the bureau of criminal 58.29 apprehension as required in subdivision 11. 58.30 Subd. 5. [MEMBERS.] The investigation unit may include law 58.31 enforcement officers, prosecutors, federal law enforcement 58.32 officers, and investigators from local governmental units who 58.33 are selected by their supervisors to participate in the 58.34 investigation unit. All law enforcement officers selected to 58.35 join the investigation unit must be licensed peace officers 58.36 under section 626.84, subdivision 1. Members shall remain 59.1 employees of the same entity that employed them before joining 59.2 the investigation unit. Members are not state employees. 59.3 Subd. 6. [JURISDICTION.] Law enforcement officers who are 59.4 members of the investigation unit shall have statewide 59.5 jurisdiction to conduct criminal investigations into financial 59.6 crimes as described in subdivision 2 and possess the same powers 59.7 of arrest as those possessed by a sheriff. 59.8 Subd. 7. [COLLABORATION WITH OTHER PROSECUTORS AND LAW 59.9 ENFORCEMENT OFFICERS.] To the greatest degree possible, the 59.10 investigation unit shall cooperate and collaborate with existing 59.11 prosecutorial offices and law enforcement agencies. 59.12 Subd. 8. [PROSECUTOR.] A local governmental unit may seek 59.13 a grant for reimbursement for the time and resources that a 59.14 prosecutor and the prosecutor's staff dedicate to the 59.15 investigation unit. A participating prosecutor shall remain an 59.16 employee of the contributing county. 59.17 Subd. 9. [FORFEITURE.] Property seized by the 59.18 investigation unit is subject to forfeiture pursuant to sections 59.19 609.531, 609.5312, 609.5313, and 609.5315 if ownership cannot be 59.20 established. The investigation unit shall receive the proceeds 59.21 from the sale of all property that it properly seizes and that 59.22 is forfeited. 59.23 Subd. 10. [REQUIRED REPORTS.] (a) Beginning June 30, 2002, 59.24 the commander of the investigation unit shall report annually to 59.25 the commissioner on the activities of the investigation unit and 59.26 the use of grants awarded under article 1, section 14, 59.27 subdivision 8. 59.28 (b) By March 1, 2003, the commissioner of public safety 59.29 shall report to the chairs and ranking minority members of the 59.30 house of representatives and senate committees and divisions 59.31 having jurisdiction over criminal justice policy and funding on 59.32 the activities of the investigation unit and the use of grants 59.33 awarded under article 1, section 14, subdivision 8. 59.34 Subd. 11. [EXPIRATION.] This section expires on June 30, 59.35 2003. 59.36 Sec. 4. Minnesota Statutes 2000, section 299A.75, 60.1 subdivision 1, is amended to read: 60.2 Subdivision 1. [PROGRAM DESCRIBED; COMMISSIONER'S DUTIES.] 60.3 (a) The commissioner of public safety shall: 60.4 (1) develop and sponsor the implementation of statewide 60.5 plans, programs, and strategies to combat automobile theft, 60.6 improve the administration of the automobile theft laws, and 60.7 provide a forum for identification of critical problems for 60.8 those persons dealing with automobile theft; 60.9 (2) coordinate the development, adoption, and 60.10 implementation of plans, programs, and strategies relating to 60.11 interagency and intergovernmental cooperation with respect to 60.12 automobile theft enforcement; 60.13 (3) annually audit the plans and programs that have been 60.14 funded in whole or in part to evaluate the effectiveness of the 60.15 plans and programs and withdraw funding should the commissioner 60.16 determine that a plan or program is ineffective or is no longer 60.17 in need of further financial support from the fund; 60.18 (4) develop a plan of operation including an assessment of 60.19 the scope of the problem of automobile theft, including areas of 60.20 the state where the problem is greatest; an analysis of various 60.21 methods of combating the problem of automobile theft; a plan for 60.22 providing financial support to combat automobile theft; a plan 60.23 for eliminating car hijacking; and an estimate of the funds 60.24 required to implement the plan; and 60.25 (5) distribute money pursuant to subdivision 3 from the 60.26 automobile theft prevention special revenue account for 60.27 automobile theft prevention activities, including: 60.28 (i) paying the administrative costs of the program; 60.29 (ii) providing financial support to the state patrol and 60.30 local law enforcement agencies for automobile theft enforcement 60.31 teams; 60.32 (iii) providing financial support to state or local law 60.33 enforcement agencies for programs designed to reduce the 60.34 incidence of automobile theft and for improved equipment and 60.35 techniques for responding to automobile thefts; 60.36 (iv) providing financial support to local prosecutors for 61.1 programs designed to reduce the incidence of automobile theft; 61.2 (v) providing financial support to judicial agencies for 61.3 programs designed to reduce the incidence of automobile theft; 61.4 (vi) providing financial support for neighborhood or 61.5 community organizations or business organizations for programs 61.6 designed to reduce the incidence of automobile theft, and to 61.7 educate people about the common methods of auto theft, the 61.8 models of automobile most likely to be stolen, and the times and 61.9 places automobile theft is most likely to occur; and 61.10 (vii) providing financial support for automobile theft 61.11 educational and training programs for state and local law 61.12 enforcement officials, driver and vehicle services exam and 61.13 inspections staff, and members of the judiciary; and61.14(viii) conducting educational programs designed to inform61.15automobile owners of methods of preventing automobile theft and61.16to provide equipment, for experimental purposes, to enable61.17automobile owners to prevent automobile theft. 61.18 (b) The commissioner may not spend in any fiscal year more 61.19 than ten percent of the money in the fund for the program's 61.20 administrative and operating costs. The commissioner must 61.21 distribute the full amount of the proceeds credited to the 61.22 automobile theft prevention special revenue account each year. 61.23 Sec. 5. Minnesota Statutes 2000, section 299A.75, is 61.24 amended by adding a subdivision to read: 61.25 Subd. 3. [CRITERIA; APPLICATION.] (a) A county attorney's 61.26 office, law enforcement agency, neighborhood organization, 61.27 community organization, or business organization may apply for a 61.28 grant under this section. Multiple offices or agencies within a 61.29 county may apply for a grant under this section. 61.30 (b) The commissioner must develop criteria for the fair 61.31 distribution of grants from the automobile theft prevention 61.32 account that address the following factors: 61.33 (1) the number of reported automobile thefts per capita in 61.34 a city, county, or region, not merely the total number of 61.35 automobile thefts; 61.36 (2) the population of the jurisdiction of the applicant 62.1 office or agency; 62.2 (3) the total funds distributed within a county or region; 62.3 and 62.4 (4) the statewide interest in automobile theft reduction. 62.5 (c) The commissioner may give priority to: 62.6 (1) offices and agencies engaged in a collaborative effort 62.7 to reduce automobile theft; and 62.8 (2) counties or regions with the greatest rates of 62.9 automobile theft. 62.10 (d) The minimum amount of a grant award is $5,000. After 62.11 considering the automobile theft rate and total population of an 62.12 applicant's jurisdiction, if a grant award as determined under 62.13 the criteria and priorities in this subdivision would be less 62.14 than $5,000, it must not be awarded. 62.15 Sec. 6. Minnesota Statutes 2000, section 299A.75, is 62.16 amended by adding a subdivision to read: 62.17 Subd. 4. [ADVISORY BOARD; CREATION; MEMBERSHIP.] An 62.18 automobile theft prevention advisory board is established to 62.19 advise the commissioner on the distribution of grants under this 62.20 section. The board must consist of seven members appointed by 62.21 the commissioner and must include representatives of law 62.22 enforcement, prosecuting attorneys, automobile insurers, and the 62.23 public. The commissioner must annually select a chair from 62.24 among its members. 62.25 Sec. 7. Minnesota Statutes 2000, section 299F.058, 62.26 subdivision 2, is amended to read: 62.27 Subd. 2. [MEMBERSHIP.] (a) The arson strike force consists 62.28 of representatives from the following agencies and organizations: 62.29 (1) the division of fire marshal; 62.30 (2) the bureau of criminal apprehension; 62.31 (3) the office of attorney general; 62.32 (4) the Minnesota county attorneys association; 62.33 (5) the Bureau of Alcohol, Tobacco, and Firearms of the 62.34 United States Treasury Department; 62.35 (6) the Minneapolis police and fire arson unit; 62.36 (7) the St. Paul police and fire arson unit; 63.1 (8) licensed private detectives selected by the state fire 63.2 marshal or the attorney general or their designees; and 63.3 (9) any other arson experts the arson strike force deems 63.4 appropriate to include. 63.5 (b) The arson strike force, as necessary, may consult and 63.6 work with representatives of property insurance agencies and 63.7 organizations and any other private organizations that have 63.8 expertise in arson investigations and prosecutions. 63.9 (c) Representatives from the attorney general's office and 63.10 the county attorneys association who are members of the arson 63.11 strike force may assist in administering the strike force. 63.12 (d) The strike force expires June 30,20012005. 63.13 Sec. 8. Minnesota Statutes 2000, section 611A.74, 63.14 subdivision 1, is amended to read: 63.15 Subdivision 1. [CREATION.] The office of crime victim 63.16 ombudsman for Minnesota is created. The ombudsman shall be 63.17 appointed by thegovernor, shall serve in the unclassified63.18service at the pleasure of the governor,commissioner of public 63.19 safety and shall be selected without regard to political 63.20 affiliation. No person may serve as ombudsman while holding any 63.21 other public office. The ombudsman is directly accountable to 63.22 thegovernorcommissioner. The ombudsman shall have the 63.23 authority to investigate decisions, acts, and other matters of 63.24 the criminal justice system so as to promote the highest 63.25 attainable standards of competence, efficiency, and justice for 63.26 crime victims in the criminal justice system. 63.27 Sec. 9. Minnesota Statutes 2000, section 611A.74, 63.28 subdivision 1a, is amended to read: 63.29 Subd. 1a. [ORGANIZATION OF OFFICE.] (a) Theombudsman63.30 commissioner of public safety may appoint employees necessary to 63.31 discharge responsibilities of the ombudsman's office. The 63.32 ombudsman may delegate to staff members any of the ombudsman's 63.33 authority or duties except the duties of formally making 63.34 recommendations to appropriate authorities and reports to the 63.35 office of the governor or to the legislature. 63.36 (b) The commissioner of public safety shall provide office 64.1 space and administrative support services to the ombudsman and 64.2 the ombudsman's staff. 64.3 (c) The crime victim ombudsman shall report to the 64.4 legislature biennially on the activities of the crime victim 64.5 ombudsman. 64.6 Sec. 10. [626.8441] [RESPONDING TO CALLS INVOLVING 64.7 EMOTIONAL CRISES AND MENTAL ILLNESS; MODEL PROGRAM PILOT 64.8 PROJECTS.] 64.9 Subdivision 1. [MODEL POLICING PROGRAM.] The commissioner 64.10 of public safety, in consultation with the community mental 64.11 health peace officer advisory board named under subdivision 2, 64.12 may award grants to develop models of community policing that 64.13 are responsive to the unique needs of the law enforcement and 64.14 mental health systems in Minnesota, and to promote these models 64.15 throughout the state. Grants may be awarded to either existing 64.16 or new projects. The commissioner may approve the 64.17 implementation of community policing pilot projects in 64.18 metropolitan and rural areas. In order to receive funding, a 64.19 pilot project must focus on the following: 64.20 (1) responding in a knowledgeable and sensitive way to 64.21 persons exhibiting symptoms of mental illness, to persons having 64.22 drug-related reactions, and to others who may be in an emotional 64.23 or mental crisis; 64.24 (2) significantly reducing the risk of harm to the 64.25 individuals who are the subjects of such calls, to the officers 64.26 responding to the calls, and to the general public; 64.27 (3) identifying and implementing a continuum of 64.28 intervention strategies that will prevent escalation, produce 64.29 de-escalation, and minimize the use of force; and 64.30 (4) creating partnerships with community resources that 64.31 result in positive resolution, reduction, and prevention of 64.32 potentially harmful incidents. 64.33 Subd. 2. [COMMUNITY MENTAL HEALTH PEACE OFFICER ADVISORY 64.34 BOARD.] A community mental health peace officer advisory board 64.35 must be appointed by the commissioner of public safety and must 64.36 consist of the following members: 65.1 (1) two licensed peace officers; 65.2 (2) two representatives from the association of chiefs of 65.3 police; 65.4 (3) two representatives from the Minnesota state sheriff's 65.5 association; 65.6 (4) a representative from the mental health consumer 65.7 survivor network; 65.8 (5) a representative from the mental health association of 65.9 Minnesota; 65.10 (6) a representative from the alliance for the mentally 65.11 ill; 65.12 (7) a representative from a county social services agency 65.13 or human services board as defined in section 256E.03; 65.14 (8) a community mental health provider; 65.15 (9) a mental health professional; 65.16 (10) a law enforcement educator with experience training 65.17 peace officers to respond to mental illness calls; and 65.18 (11) other members deemed appropriate by the commissioner. 65.19 In making appointments to the board, the commissioner must 65.20 take into consideration metropolitan and rural interests. The 65.21 board must advise the commissioner on the model policing 65.22 programs, and on related areas of concern to persons with mental 65.23 illnesses, peace officers, and the public. No per diem may be 65.24 paid to members of the board. The board expires June 30, 2003. 65.25 Sec. 11. [626.8471] [AVOIDING RACIAL PROFILING; POLICIES 65.26 AND LEARNING OBJECTIVES REQUIRED.] 65.27 Subdivision 1. [PURPOSE.] The legislature finds that the 65.28 reality or public perception of racial profiling alienates 65.29 people from police, hinders community policing efforts, and 65.30 causes law enforcement to lose credibility and trust among the 65.31 people law enforcement is sworn to protect and serve. No stop 65.32 initiated by a peace officer should be made without a legitimate 65.33 reason; race, ethnicity, or national origin alone should never 65.34 provide a sufficient reason. Law enforcement policies and 65.35 training programs must emphasize the need to respect the balance 65.36 between the rights of all persons to be free from unreasonable 66.1 governmental intrusions and law enforcement's need to enforce 66.2 the law. 66.3 Subd. 2. [DEFINITION.] "Racial profiling" means any action 66.4 initiated by law enforcement that relies upon the race, 66.5 ethnicity, or national origin of an individual rather than: 66.6 (1) the behavior of that individual; or 66.7 (2) information that leads law enforcement to a particular 66.8 individual who has been identified as being engaged in or having 66.9 been engaged in criminal activity. 66.10 Racial profiling includes use of racial or ethnic 66.11 stereotypes as factors in selecting whom to stop and search. 66.12 Racial profiling does not include law enforcement's use of race 66.13 or ethnicity to determine whether a person matches a specific 66.14 description of a particular subject. 66.15 Subd. 3. [STATEWIDE MODEL POLICY.] (a) The board of peace 66.16 officer standards and training shall consult with the Minnesota 66.17 chiefs of police association, the Minnesota sheriffs 66.18 association, and the Minnesota police and peace officers 66.19 association in developing an anti-racial profiling model policy 66.20 governing the conduct of peace officers engaged in stops of 66.21 citizens. This policy shall define racial profiling and 66.22 identify conduct that violates the law. 66.23 (b) The board shall adopt a model policy and distribute the 66.24 model policy to all chief law enforcement officers by August 1, 66.25 2001. 66.26 Subd. 4. [AGENCY POLICIES REQUIRED.] (a) By November 1, 66.27 2001, the chief law enforcement officer of every state and local 66.28 law enforcement agency must establish and enforce a written 66.29 anti-racial profiling policy governing the conduct of peace 66.30 officers engaged in stops of citizens. The chief law 66.31 enforcement officer shall ensure that each peace officer 66.32 receives a copy of the agency's anti-racial profiling policy. 66.33 The chief law enforcement officer also must ensure that each 66.34 peace officer is aware of the policy's purpose and the conduct 66.35 prohibited by it. 66.36 (b) The policy must, at a minimum, comply with the 67.1 requirements of the model policy adopted by the board under 67.2 subdivision 3. 67.3 (c) Every state and local law enforcement agency must 67.4 certify to the board that it has adopted a written policy in 67.5 compliance with the board's model policy. 67.6 (d) The board shall assist the chief law enforcement 67.7 officer of each state and local law enforcement agency in 67.8 developing and implementing anti-racial profiling policies under 67.9 this subdivision. 67.10 Subd. 5. [PRESERVICE TRAINING LEARNING OBJECTIVES; 67.11 REQUIREMENTS.] (a) By August 1, 2001, the board shall prepare 67.12 learning objectives for preservice training to instruct peace 67.13 officers in avoiding racial profiling when making stops of 67.14 citizens. These learning objectives shall be included in the 67.15 required curriculum of professional peace officer education 67.16 programs. 67.17 (b) An individual is not eligible to take the peace officer 67.18 licensing examination or the part-time peace officer licensing 67.19 examination on or after June 1, 2002, unless: 67.20 (1) the individual has received the training described in 67.21 paragraph (a); and 67.22 (2) the individual has completed a psychological evaluation 67.23 demonstrating that the individual is not likely to engage in 67.24 racial profiling. 67.25 Subd. 6. [IN-SERVICE TRAINING LEARNING OBJECTIVES.] By 67.26 August 1, 2001, the board shall prepare learning objectives for 67.27 in-service training to instruct peace officers in avoiding 67.28 racial profiling when making stops of citizens. The board shall 67.29 evaluate and monitor in-service training courses to ensure they 67.30 satisfy the learning objectives. 67.31 Subd. 7. [CHIEF LAW ENFORCEMENT OFFICERS AND SUPERVISORS; 67.32 REQUIREMENTS.] The executive director of the board of peace 67.33 officer standards and training shall prepare training materials 67.34 to provide chief law enforcement officers and other peace 67.35 officers with supervisory authority with information on how to 67.36 detect and respond to racial profiling by peace officers under 68.1 their command. The training materials must address both the 68.2 agency's anti-racial profiling policy and procedural components 68.3 aimed at eliminating racial profiling in stops of citizens. The 68.4 materials must include information on federal and state 68.5 constitutional and statutory laws prohibiting discrimination by 68.6 law enforcement. The procedural information must describe 68.7 conduct that is unlawful or inappropriate and present guidelines 68.8 for reinforcing techniques that are lawful and appropriate. The 68.9 procedural information shall discuss appropriate search and 68.10 seizure and interviewing techniques. 68.11 Subd. 8. [POST BOARD; COMPLIANCE REVIEWS AUTHORIZED.] The 68.12 board has authority to inspect state and local agency policies 68.13 to ensure compliance with subdivision 4. The board may conduct 68.14 this inspection based upon a complaint it receives about a 68.15 particular agency or through a random selection process. 68.16 Sec. 12. Laws 1996, chapter 408, article 2, section 16, is 68.17 amended to read: 68.18 Sec. 16. [REPEALER.] 68.19(a)Minnesota Statutes 1994, section 299A.60, is repealed. 68.20(b) Section 1 is repealed January 1, 2002.68.21 Sec. 13. [REGIONAL TRAINING SEMINARS.] 68.22 The board of peace officer standards and training shall 68.23 facilitate regional seminars throughout the state to increase 68.24 awareness about racial profiling issues unique to specific 68.25 regions of the state and to promote a community-oriented 68.26 response to the issue of racial profiling. The training 68.27 seminars shall satisfy the learning objectives described in 68.28 Minnesota Statutes, section 626.8471, subdivision 6. These 68.29 seminars shall be completed by December 31, 2001. 68.30 Sec. 14. [REPORTS.] 68.31 Subdivision 1. [REPORT.] By February 15, 2002, the 68.32 executive director of the board of peace officer standards and 68.33 training shall report to the house and senate committees with 68.34 jurisdiction over criminal justice funding on the development of 68.35 a model policy; learning objectives; regional training seminars, 68.36 including attendance figures for the seminars; and the training 69.1 materials prepared for chief law enforcement officers and other 69.2 officers with supervisory authority. This report must include, 69.3 but not be limited to, data contained in the reports required 69.4 under subdivision 2. 69.5 Subd. 2. [REPORT.] By December 15 of each year, each state 69.6 and local law enforcement agency shall submit to the executive 69.7 director of the board of peace officer standards and training: 69.8 (1) the number of racial profiling complaints that the law 69.9 enforcement agency has received during the preceding 12 months; 69.10 and 69.11 (2) the disposition of each complaint. 69.12 Subd. 3. [REPORT.] The development, implementation, and 69.13 outcomes of the pilot projects authorized under Minnesota 69.14 Statutes, section 626.8441, subdivision 1, must be evaluated by 69.15 the commissioner of public safety and a written preliminary 69.16 report must be submitted to the chairs of the house and senate 69.17 committees having jurisdiction over crime prevention and 69.18 judiciary finance issues by January 1, 2002. A final report 69.19 must be submitted by January 1, 2003. 69.20 Sec. 15. [EFFECTIVE DATE.] 69.21 Sections 1 to 12 are effective July 1, 2001. 69.22 ARTICLE 7 69.23 FELONY DRIVING WHILE IMPAIRED PROVISIONS 69.24 Section 1. [8.015] [CHARGES TO COUNTY.] 69.25 The attorney general must bill a county for the cost of 69.26 services the attorney general provides to a county in a 69.27 first-degree driving while impaired case under section 169A.24. 69.28 Money received by the attorney general under this section must 69.29 be deposited in the general fund. 69.30 Sec. 2. Minnesota Statutes 2000, section 169A.03, is 69.31 amended by adding a subdivision to read: 69.32 Subd. 7a. [FELONY.] "Felony" means a crime for which a 69.33 person may be sentenced to imprisonment for not more than seven 69.34 years, or to payment of a fine of not more than $14,000, or both. 69.35 Sec. 3. Minnesota Statutes 2000, section 169A.20, 69.36 subdivision 3, is amended to read: 70.1 Subd. 3. [SENTENCE.] A person who violates this section 70.2 may be sentenced as provided in section 169A.24 (first-degree 70.3 driving while impaired), 169A.25 (first-degreesecond-degree 70.4 driving while impaired), 169A.26 (second-degreethird-degree 70.5 driving while impaired), or 169A.27 (third-degreefourth-degree 70.6 driving while impaired). 70.7 Sec. 4. [169A.24] [FIRST-DEGREE DRIVING WHILE IMPAIRED.] 70.8 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 70.9 section 169A.20 (driving while impaired) is guilty of 70.10 first-degree driving while impaired if the person: 70.11 (1) commits the violation within ten years of the first of 70.12 three or more prior impaired driving convictions; or 70.13 (2) has previously been convicted of a felony under this 70.14 section. 70.15 Subd. 2. [CRIMINAL PENALTY.] A person who commits 70.16 first-degree driving while impaired is guilty of a felony and 70.17 may be sentenced to imprisonment for not more than seven years, 70.18 or to payment of a fine of not more than $14,000, or both. The 70.19 person is subject to the mandatory penalties described in 70.20 section 169A.276. 70.21 Sec. 5. Minnesota Statutes 2000, section 169A.25, is 70.22 amended to read: 70.23 169A.25 [FIRST-DEGREESECOND-DEGREE DRIVING WHILE 70.24 IMPAIRED.] 70.25 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 70.26 section 169A.20 (driving while impaired) is guilty of 70.27first-degreesecond-degree driving while impaired if two or more 70.28 aggravating factors were present when the violation was 70.29 committed. 70.30 Subd. 2. [CRIMINAL PENALTY.]First-degreeSecond-degree 70.31 driving while impaired is a gross misdemeanor. The mandatory 70.32 penalties described in section 169A.275 and the long-term 70.33 monitoring described in section 169A.277 may be applicable. 70.34 Sec. 6. Minnesota Statutes 2000, section 169A.26, is 70.35 amended to read: 70.36 169A.26 [SECOND-DEGREETHIRD-DEGREE DRIVING WHILE 71.1 IMPAIRED.] 71.2 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 71.3 section 169A.20 (driving while impaired) is guilty of 71.4second-degreethird-degree driving while impaired if one 71.5 aggravating factor was present when the violation was committed. 71.6 Subd. 2. [CRIMINAL PENALTY.]Second-degreeThird-degree 71.7 driving while impaired is a gross misdemeanor. The mandatory 71.8 penalties described in section 169A.275 and the long-term 71.9 monitoring described in section 169A.277 may be applicable. 71.10 Sec. 7. Minnesota Statutes 2000, section 169A.27, is 71.11 amended to read: 71.12 169A.27 [THIRD-DEGREEFOURTH-DEGREE DRIVING WHILE 71.13 IMPAIRED.] 71.14 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 71.15 section 169A.20 (driving while impaired) is guilty of 71.16third-degreefourth-degree driving while impaired. 71.17 Subd. 2. [CRIMINAL PENALTY.]Third-degreeFourth-degree 71.18 driving while impaired is a misdemeanor. 71.19 Sec. 8. Minnesota Statutes 2000, section 169A.275, 71.20 subdivision 3, is amended to read: 71.21 Subd. 3. [FOURTH OFFENSE.] (a) Except as otherwise 71.22 provided in section 169A.276, the court shall sentence a person 71.23 who is convicted of a violation of section 169A.20 (driving 71.24 while impaired) within ten years of the first of three qualified 71.25 prior impaired driving incidents to either: 71.26 (1) a minimum of 180 days of incarceration, at least 30 71.27 days of which must be served consecutively in a local 71.28 correctional facility; or 71.29 (2) a program of intensive supervision of the type 71.30 described in section 169A.74 (pilot programs of intensive 71.31 probation for repeat DWI offenders) that requires the person to 71.32 consecutively serve at least six days in a local correctional 71.33 facility. 71.34 (b) The court may order that the person serve not more than 71.35 150 days of the minimum penalty under paragraph (a), clause (1), 71.36 on home detention or in an intensive probation program described 72.1 in section 169A.74. Notwithstanding section 609.135, the 72.2 penalties in this subdivision must be imposed and executed. 72.3 Sec. 9. Minnesota Statutes 2000, section 169A.275, 72.4 subdivision 5, is amended to read: 72.5 Subd. 5. [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 72.6 ASSESSMENT.] In addition to other penalties required under this 72.7 section, the court shall order a person to submit to the level 72.8 of care recommended in the chemical use assessment conducted 72.9 under section 169A.70 (alcohol safety program; chemical use 72.10 assessments) if the person is convicted of violating section 72.11 169A.20 (driving while impaired) while having an alcohol 72.12 concentration of 0.20 or more as measured at the time, or within 72.13 two hours of the time, of the offense or if the violation occurs 72.14 within ten years of oneor more, two, or three qualified prior 72.15 impaired driving incidents. 72.16 Sec. 10. [169A.276] [MANDATORY PENALTIES; FELONY 72.17 VIOLATIONS.] 72.18 Subdivision 1. [MANDATORY PRISON SENTENCE.] (a) The court 72.19 shall sentence a person convicted of violating section 169A.20 72.20 (driving while impaired) under the circumstances described in 72.21 section 169A.24 (first-degree driving while impaired) to 72.22 imprisonment for not less than three years. In addition, the 72.23 court may order the person to pay a fine of not more than 72.24 $14,000. 72.25 (b) The court may stay execution of this mandatory sentence 72.26 as provided in subdivision 2, but may not stay imposition of the 72.27 sentence or impose a sentence that has a duration of less than 72.28 three years. 72.29 (c) When the court imposes an executed sentence under this 72.30 subdivision, it shall require the commissioner of corrections to 72.31 release the person from prison before completion of two-thirds 72.32 of the prison sentence if the person: 72.33 (1) has served at least one-third of the prison sentence, 72.34 plus any disciplinary confinement time imposed for violating the 72.35 commissioner's rules or orders; and 72.36 (2) has successfully completed a chemical dependency 73.1 treatment program while in prison. The chemical dependency 73.2 treatment program shall meet the licensing standards contained 73.3 in sections 245A.01 to 245A.06. 73.4 (d) The court also shall provide that the commissioner may 73.5 release the person up to 60 days before having served one-third 73.6 of the prison sentence if the commissioner places the person in 73.7 a work release program administered or approved by the 73.8 commissioner. 73.9 (e) A person who is granted early release under this 73.10 subdivision shall serve the entire conditional release term 73.11 imposed under paragraph (f). 73.12 (f) Notwithstanding the statutory maximum sentence provided 73.13 in section 169A.24, when the court imposes an executed sentence 73.14 under this subdivision, it shall provide that after the person 73.15 has been released from prison the commissioner of corrections 73.16 shall place the person on conditional release for five years. 73.17 The commissioner shall impose any conditions of release that the 73.18 commissioner deems appropriate including, but not limited to, 73.19 successful completion of an intensive probation program as 73.20 described in section 169A.74 (pilot programs of intensive 73.21 probation for repeat DWI offenders). If the person fails to 73.22 comply with any condition of release, the commissioner may 73.23 revoke the person's conditional release and order the person to 73.24 serve all or part of the remaining portion of the conditional 73.25 release term in prison. The commissioner may not dismiss the 73.26 person from supervision before the conditional release term 73.27 expires. 73.28 Subd. 2. [STAY OF MANDATORY SENTENCE.] The provisions of 73.29 section 169A.283 apply if the court stays execution of the 73.30 sentence under subdivision 1. 73.31 Subd. 3. [DRIVER'S LICENSE REVOCATION; NO STAY PERMITTED.] 73.32 The court may not stay the execution of the driver's license 73.33 revocation provisions of section 169A.54 (impaired driving 73.34 convictions and adjudications; administrative penalties). 73.35 Sec. 11. Minnesota Statutes 2000, section 169A.283, 73.36 subdivision 1, is amended to read: 74.1 Subdivision 1. [STAY AUTHORIZED.] Except as otherwise 74.2 provided insectionsections 169A.275 (mandatory penalties; 74.3 nonfelony violations) and 169A.276 (mandatory penalties; felony 74.4 violations), when a court sentences a person convicted of a 74.5 violation of section 169A.20 (driving while impaired), the court 74.6 may stay execution of the criminal sentence described in section 74.7169A.25169A.24 (first-degree driving while impaired),169A.2674.8 169A.25 (second-degree driving while impaired),or 169A.2774.9 169A.26 (third-degree driving while impaired), or 169A.27 74.10 (fourth-degree driving while impaired) on the condition that the 74.11 convicted person submit to the level of care recommended in the 74.12 chemical use assessment report required under section 169A.70 74.13 (alcohol safety programs; chemical use assessments). If the 74.14 court does not order a level of care in accordance with the 74.15 assessment report recommendation as a condition of a stay of 74.16 execution, it shall state on the record its reasons for not 74.17 following the assessment report recommendation. 74.18 Sec. 12. Minnesota Statutes 2000, section 169A.40, 74.19 subdivision 3, is amended to read: 74.20 Subd. 3. [FIRST-DEGREE AND SECOND-DEGREE DWI OFFENDERS; 74.21 CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the Rules of 74.22 Criminal Procedure, a peace officer acting without a warrant who 74.23 has decided to proceed with the prosecution of a person for 74.24 violating section 169A.20 (driving while impaired), shall arrest 74.25 and take the person into custody if the officer has reason to 74.26 believe the violation occurred under the circumstances described 74.27 in section 169A.24 (first-degree driving while impaired) or 74.28 169A.25 (first-degreesecond-degree driving while impaired). 74.29 The person shall be detained until the person's first court 74.30 appearance. 74.31 Sec. 13. Minnesota Statutes 2000, section 169A.63, 74.32 subdivision 1, is amended to read: 74.33 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 74.34 the following terms have the meanings given them. 74.35 (b) "Appropriate agency" means a law enforcement agency 74.36 that has the authority to make an arrest for a violation of a 75.1 designated offense or to require a test under section 169A.51 75.2 (chemical tests for intoxication). 75.3 (c) "Designated license revocation" includes a license 75.4 revocation under section 169A.52 (license revocation for test 75.5 failure or refusal) or a license disqualification under section 75.6 171.165 (commercial driver's license disqualification) resulting 75.7 from a violation of section 169A.52; within ten years of the 75.8 first of two or more qualified prior impaired driving incidents. 75.9 (d) "Designated offense" includes: 75.10 (1) a violation of section 169A.20 (driving while impaired) 75.11 under the circumstances described in section 169A.24 75.12 (first-degree driving while impaired) or 169A.25 (first-degree75.13 second-degree driving while impaired); or 75.14 (2) a violation of section 169A.20 or an ordinance in 75.15 conformity with it: 75.16 (i) by a person whose driver's license or driving 75.17 privileges have been canceled as inimical to public safety under 75.18 section 171.04, subdivision 1, clause (10); or 75.19 (ii) by a person who is subject to a restriction on the 75.20 person's driver's license under section 171.09 (commissioner's 75.21 license restrictions), which provides that the person may not 75.22 use or consume any amount of alcohol or a controlled substance. 75.23 (e) "Motor vehicle" and "vehicle" do not include a vehicle 75.24 which is stolen or taken in violation of the law. 75.25 (f) "Owner" means the registered owner of the motor vehicle 75.26 according to records of the department of public safety and 75.27 includes a lessee of a motor vehicle if the lease agreement has 75.28 a term of 180 days or more. 75.29 (g) "Prosecuting authority" means the attorney in the 75.30 jurisdiction in which the designated offense occurred who is 75.31 responsible for prosecuting violations of a designated offense. 75.32 Sec. 14. [STUDY.] 75.33 By January 15, 2004, and each year thereafter through 75.34 January 15, 2007, the commissioner of corrections must report to 75.35 the chairs and ranking minority members of the house and senate 75.36 committees having jurisdiction over criminal justice and 76.1 judiciary finance issues on the implementation and effects of 76.2 the felony level driving while impaired offense. The report 76.3 must include the following information on felony level driving 76.4 while impaired offenses: 76.5 (1) the number of persons convicted; 76.6 (2) the number of trials taken to verdict, separating out 76.7 cases tried to a judge versus cases tried to a jury, and the 76.8 number of convictions for each; 76.9 (3) the number of offenders incarcerated locally and the 76.10 term of incarceration; 76.11 (4) the number placed on probation and the length of the 76.12 probation; 76.13 (5) the number for whom probation is revoked, the reasons 76.14 for revocation, and the consequences imposed; 76.15 (6) the number given an executed prison sentence upon 76.16 conviction and the length of the sentence; 76.17 (7) the number given an executed prison sentence upon 76.18 revocation of probation and the length of sentence; 76.19 (8) the number who successfully complete treatment and the 76.20 number released early as a result; 76.21 (9) the number placed on intensive supervision following 76.22 release from incarceration; 76.23 (10) the number who violate supervised release and the 76.24 consequences imposed; and 76.25 (11) any other information the commissioner deems relevant 76.26 to estimating future costs. 76.27 Sec. 15. [SUPERVISION LEVEL.] 76.28 Nothing in this article requires a different level of 76.29 supervision for offenders than is currently required by law. 76.30 Sec. 16. [FELONY DRIVING WHILE IMPAIRED APPROPRIATIONS.] 76.31 Subdivision 1. [TOTAL APPROPRIATION.] $3,356,000 is 76.32 appropriated from the general fund to the agencies and for the 76.33 purposes specified in this article, to be available for the 76.34 fiscal year ending June 30, 2003. The amounts that may be spent 76.35 from this appropriation for each program are specified in the 76.36 following subdivisions. 77.1 Subd. 2. [CORRECTIONS.] (a) $2,844,000 is appropriated to 77.2 the department of corrections. The amounts that may be spent 77.3 from this appropriation for each program are specified in the 77.4 following paragraphs. 77.5 (b) $2,255,000 is appropriated to correctional institutions 77.6 for increased costs due to the bed impact of the felony-level 77.7 driving while impaired penalty. 77.8 (c) $589,000 is appropriated for community services. Of 77.9 this amount, $169,000 is for increased community supervision 77.10 costs due to the felony-level driving while impaired penalty, 77.11 and $420,000 is for increased work release costs due to the 77.12 felony-level driving while impaired penalty. 77.13 Subd. 3. [PUBLIC SAFETY.] $84,000 is appropriated to the 77.14 bureau of criminal apprehension for increased costs associated 77.15 with providing trial support due to the felony-level driving 77.16 while impaired penalty. 77.17 Subd. 4. [DISTRICT COURTS.] $257,000 is appropriated to 77.18 the district courts. Of this amount, $240,000 is for hiring 77.19 retired judges to help with increased caseload demand due to the 77.20 felony-level driving while impaired penalty, and $17,000 is for 77.21 increased jury costs due to the felony-level driving while 77.22 impaired penalty. 77.23 Subd. 5. [COURT OF APPEALS.] $46,000 is appropriated to 77.24 the court of appeals for costs associated with increased appeals 77.25 due to the felony-level driving while impaired penalty. 77.26 Subd. 6. [BOARD OF PUBLIC DEFENSE.] $125,000 is 77.27 appropriated to the board of public defense for costs associated 77.28 with increased trials and appeals due to the felony-level 77.29 driving while impaired penalty. 77.30 Sec. 17. [REPEALER.] 77.31 Minnesota Statutes 2000, section 169A.275, subdivision 4, 77.32 is repealed. 77.33 Sec. 18. [EFFECTIVE DATE.] 77.34 This article is effective July 1, 2002, and applies to 77.35 crimes committed on or after that date. 77.36 ARTICLE 8 78.1 CORRECTIONS PROVISIONS 78.2 Section 1. Minnesota Statutes 2000, section 241.272, 78.3 subdivision 6, is amended to read: 78.4 Subd. 6. [USE OF FEES.] Excluding correctional fees 78.5 collected from offenders supervised by department agents under 78.6 the authority of section 244.19, subdivision 1, paragraph (a), 78.7 clause (3), all correctional fees collected under this section 78.8 go to the general fund. Fees collected by agents under the 78.9 authority of section 244.19, subdivision 1, paragraph (a), 78.10 clause (3), shall go to the county treasurer in the county where 78.11 supervision is provided. These fees may only be used in 78.12 accordance with section 244.18, subdivision 6. 78.13 Sec. 2. Minnesota Statutes 2000, section 242.192, is 78.14 amended to read: 78.15 242.192 [CHARGES TO COUNTIES.] 78.16 (a) Until June 30,20012002, the commissioner shall charge 78.17 counties or other appropriate jurisdictions6580 percent of the 78.18 per diem cost of confinement, excluding educational costs and 78.19 nonbillable service, of juveniles at the Minnesota correctional 78.20 facility-Red Wing and of juvenile females committed to the 78.21 commissioner of corrections. This charge applies to juveniles 78.22 committed to the commissioner of corrections and juveniles 78.23 admitted to the Minnesota correctional facility-Red Wing under 78.24 established admissions criteria. This charge applies to both 78.25 counties that participate in the Community Corrections Act and 78.26 those that do not. The commissioner shall determine the per 78.27 diem cost of confinement based on projected population, pricing 78.28 incentives, market conditions, and the requirement that expense 78.29 and revenue balance out over a period of two years. All money 78.30 received under this section must be deposited in the state 78.31 treasury and credited to the general fund. 78.32 (b) Until June 30,20012002, the department of corrections 78.33 shall be responsible for3520 percent of the per diem cost of 78.34 confinement described in this section. 78.35 Sec. 3. Minnesota Statutes 2000, section 243.51, 78.36 subdivision 1, is amended to read: 79.1 Subdivision 1. [CONTRACTING WITH OTHER STATES AND FEDERAL 79.2 GOVERNMENT.] The commissioner of corrections is hereby 79.3 authorized to contract with agencies and bureaus of the United 79.4 States and with the proper officials of other states or a county 79.5 of this state for the custody, care, subsistence, education, 79.6 treatment and training of persons convicted of criminal offenses 79.7 constituting felonies in the courts of this state, the United 79.8 States, or other states of the United States. Such contracts 79.9 shall provide for reimbursing the state of Minnesota for all 79.10 costs or other expenses involved, and, to the extent possible, 79.11 require payment to the department of corrections of a per diem 79.12 amount that is substantially equal to or greater than the per 79.13 diem for the cost of housing Minnesota inmates at the same 79.14 facility. This per diem cost shall be based on the assumption 79.15 that the facility is at or near capacity. Any prisoner 79.16 transferred to the state of Minnesota pursuant to this 79.17 subdivision shall be subject to the terms and conditions of the 79.18 prisoner's original sentence as if the prisoner were serving the 79.19 same within the confines of the state in which the conviction 79.20 and sentence was had or in the custody of the United States. 79.21 Nothing herein shall deprive such inmate of the right to parole 79.22 or the rights to legal process in the courts of this state. 79.23 Sec. 4. Minnesota Statutes 2000, section 243.51, 79.24 subdivision 3, is amended to read: 79.25 Subd. 3. [TEMPORARY DETENTION.] The commissioner of 79.26 corrections is authorized to contract with agencies and bureaus 79.27 of the United States and with the appropriate officials of any 79.28 other state or county of this state for the temporary detention 79.29 of any person in custody pursuant to any process issued under 79.30 the authority of the United States, other states of the United 79.31 States, or the district courts of this state. The contract 79.32 shall provide for reimbursement to the state of Minnesota for 79.33 all costs and expenses involved, and, to the extent possible, 79.34 require payment to the department of corrections of a per diem 79.35 amount that is substantially equal to or greater than the per 79.36 diem for the cost of housing Minnesota inmates at the same 80.1 facility. This per diem cost shall be based on the assumption 80.2 that the facility is at or near capacity. 80.3 Sec. 5. [FINDINGS.] 80.4 The legislature finds that entering into the updated 80.5 interstate compact on adult offenders, as proposed by the 80.6 council of state governments, is of vital importance to the 80.7 safety of the people of Minnesota. In the interest of public 80.8 safety, the legislature needs to be fully informed of the 80.9 advantages and disadvantages of entering into the compact and 80.10 implementing it in Minnesota. The commissioner of corrections 80.11 is charged with the duty to develop and implement policies 80.12 regarding offenders on probation or supervised release that 80.13 protect the best interests of the public. The commissioner of 80.14 corrections is in the best position to fully inform the 80.15 legislature of the impact of entering into, or not entering 80.16 into, the compact and to analyze whether the state should give 80.17 its full support and cooperation to this important venture. 80.18 Sec. 6. [LEGISLATIVE RECOMMENDATIONS; STATE POLICY PLAN.] 80.19 By December 1, 2001, the commissioner of corrections must 80.20 submit legislative recommendations to the chairs and ranking 80.21 minority members of the house and senate committees having 80.22 jurisdiction over crime prevention and judiciary finance issues 80.23 regarding the impact of entering into, or not entering into, the 80.24 updated interstate compact on adult offenders, as proposed by 80.25 the council of state governments. The commissioner must consult 80.26 with other professionals in the corrections field and must 80.27 consult with states that both have and have not entered into the 80.28 compact. The commissioner must develop a plan for state policy 80.29 in regard to handling interstate transfers of adult offenders. 80.30 The commissioner must be prepared to act on and implement the 80.31 recommendations and plan in 2002. In developing the legislative 80.32 recommendations and state policy plan, the commissioner must 80.33 consider fiscal impacts. Any costs associated with developing 80.34 the legislative recommendations and state policy plan under this 80.35 section must be absorbed within the commissioner's current 80.36 budget. 81.1 Sec. 7. [CHRONIC OFFENDER PILOT PROJECT.] 81.2 (a) The Hennepin county community corrections department 81.3 must administer a 12-month pilot project for chronic offenders. 81.4 The pilot project must define and identify chronic offenders 81.5 within Hennepin county who will be subject to the pilot 81.6 project. When applicable and appropriate, the pilot project 81.7 must provide the following for chronic offenders: 81.8 (1) quicker and more consistent consequences; 81.9 (2) graduated sanctions for repeated offenses; 81.10 (3) multidisciplinary assessments; 81.11 (4) appropriate mental and chemical health interventions; 81.12 (5) active supervision by community-based probation 81.13 officers; 81.14 (6) immediate placement in sentence to service work crews; 81.15 and 81.16 (7) cognitive behavioral intervention through group therapy 81.17 for selected chronic offenders at the Hennepin county adult 81.18 correctional facility. 81.19 (b) Probation officers supervising chronic offenders under 81.20 paragraph (a), clause (5), may not be assigned more than 45 81.21 offenders at any given time. 81.22 (c) By January 15, 2003, the director of the Hennepin 81.23 county department of community corrections shall report to the 81.24 chairs and ranking minority members of the senate and house 81.25 committees and divisions having jurisdiction over criminal 81.26 justice policy and funding on the results of the project. The 81.27 report must include information on the general characteristics 81.28 of the chronic offender population in Hennepin county and 81.29 compare recidivism data on offenders subject to the pilot 81.30 project to those not subject to it. 81.31 (d) For the purpose of the pilot and the required report, 81.32 Hennepin county staff shall have access to any and all 81.33 information maintained by any state agencies, political 81.34 subdivisions, or other governmental agencies, including criminal 81.35 justice agencies, regarding persons identified as chronic 81.36 offenders in Hennepin county during the term of the project. 82.1 This includes any data classified in chapter 13 or other law as 82.2 private or confidential, as defined in Minnesota Statutes, 82.3 section 13.02. 82.4 Any data obtained by Hennepin county community corrections 82.5 during the term of the project must be used only for the 82.6 purposes of the chronic offender pilot and research associated 82.7 with it and will retain the classification given to it by 82.8 statute or the originating agency. 82.9 Sec. 8. [OFFICE ABOLISHED.] 82.10 The office of ombudsman for the state department of 82.11 corrections is hereby abolished. 82.12 Sec. 9. [REPEALER.] 82.13 Minnesota Statutes 2000, sections 241.41; 241.42; 241.43; 82.14 241.44; 241.441; and 241.45 are repealed. 82.15 Sec. 10. [EFFECTIVE DATE.] 82.16 Sections 1 to 9 are effective July 1, 2001. 82.17 ARTICLE 9 82.18 DOMESTIC VIOLENCE PROVISIONS 82.19 Section 1. Minnesota Statutes 2000, section 518B.01, 82.20 subdivision 2, is amended to read: 82.21 Subd. 2. [DEFINITIONS.] As used in this section, the 82.22 following terms shall have the meanings given them: 82.23 (a) "Domestic abuse" means the following, if committed 82.24 against a family or household member by a family or household 82.25 member: 82.26 (1) physical harm, bodily injury, or assault; 82.27 (2) the infliction of fear of imminent physical harm, 82.28 bodily injury, or assault; or 82.29 (3) terroristic threats, within the meaning of section 82.30 609.713, subdivision 1, or; criminal sexual conduct, within the 82.31 meaning of section 609.342, 609.343, 609.344, or 609.345; 82.32 interference with an emergency call within the meaning of 82.33 section 609.78, subdivision 2. 82.34 (b) "Family or household members" means: 82.35 (1) spouses and former spouses; 82.36 (2) parents and children; 83.1 (3) persons related by blood; 83.2 (4) persons who are presently residing together or who have 83.3 resided together in the past; 83.4 (5) persons who have a child in common regardless of 83.5 whether they have been married or have lived together at any 83.6 time; 83.7 (6) a man and woman if the woman is pregnant and the man is 83.8 alleged to be the father, regardless of whether they have been 83.9 married or have lived together at any time; and 83.10 (7) persons involved in a significant romantic or sexual 83.11 relationship. 83.12 Issuance of an order for protection on the ground in clause 83.13 (6) does not affect a determination of paternity under sections 83.14 257.51 to 257.74. In determining whether persons are or have 83.15 been involved in a significant romantic or sexual relationship 83.16 under clause (7), the court shall consider the length of time of 83.17 the relationship; type of relationship; frequency of interaction 83.18 between the parties; and, if the relationship has terminated, 83.19 length of time since the termination. 83.20 (c) "Qualified domestic violence-related offense" has the 83.21 meaning given in section 609.02, subdivision 16. 83.22 Sec. 2. Minnesota Statutes 2000, section 518B.01, 83.23 subdivision 3, is amended to read: 83.24 Subd. 3. [COURT JURISDICTION.] An application for relief 83.25 under this section may be filed in the court having jurisdiction 83.26 over dissolution actions, in the county of residence of either 83.27 party, in the county in which a pending or completed family 83.28 court proceeding involving the parties or their minor children 83.29 was brought, or in the county in which the alleged domestic 83.30 abuse occurred. There are no residency requirements that apply 83.31 to a petition for an order for protection. In a jurisdiction 83.32 which utilizes referees in dissolution actions, the court or 83.33 judge may refer actions under this section to a referee to take 83.34 and report the evidence in the action in the same manner and 83.35 subject to the same limitations provided in section 518.13. 83.36 Actions under this section shall be given docket priorities by 84.1 the court. 84.2 Sec. 3. Minnesota Statutes 2000, section 518B.01, 84.3 subdivision 6, is amended to read: 84.4 Subd. 6. [RELIEF BY THE COURT.] (a) Upon notice and 84.5 hearing, the court may provide relief as follows: 84.6 (1) restrain the abusing party from committing acts of 84.7 domestic abuse; 84.8 (2) exclude the abusing party from the dwelling which the 84.9 parties share or from the residence of the petitioner; 84.10 (3) exclude the abusing party from a reasonable area 84.11 surrounding the dwelling or residence, which area shall be 84.12 described specifically in the order; 84.13 (4) award temporary custody or establish temporary 84.14 parenting time with regard to minor children of the parties on a 84.15 basis which gives primary consideration to the safety of the 84.16 victim and the children. Except for cases in which custody is 84.17 contested, findings under section 257.025, 518.17, or 518.175 84.18 are not required. If the court finds that the safety of the 84.19 victim or the children will be jeopardized by unsupervised or 84.20 unrestricted parenting time, the court shall condition or 84.21 restrict parenting time as to time, place, duration, or 84.22 supervision, or deny parenting time entirely, as needed to guard 84.23 the safety of the victim and the children. The court's decision 84.24 on custody and parenting time shall in no way delay the issuance 84.25 of an order for protection granting other relief provided for in 84.26 this section. The court must not enter a parenting plan under 84.27 section 518.1705 as part of an action for an order for 84.28 protection; 84.29 (5) on the same basis as is provided in chapter 518, 84.30 establish temporary support for minor children or a spouse, and 84.31 order the withholding of support from the income of the person 84.32 obligated to pay the support according to chapter 518; 84.33 (6) provide upon request of the petitioner counseling or 84.34 other social services for the parties, if married, or if there 84.35 are minor children; 84.36 (7) order the abusing party to participate in treatment or 85.1 counseling services, including requiring the abusing party to 85.2 successfully complete a domestic abuse counseling program or 85.3 educational program under section 518B.12; 85.4 (8) award temporary use and possession of property and 85.5 restrain one or both parties from transferring, encumbering, 85.6 concealing, or disposing of property except in the usual course 85.7 of business or for the necessities of life, and to account to 85.8 the court for all such transfers, encumbrances, dispositions, 85.9 and expenditures made after the order is served or communicated 85.10 to the party restrained in open court; 85.11 (9) exclude the abusing party from the place of employment 85.12 of the petitioner, or otherwise limit access to the petitioner 85.13 by the abusing party at the petitioner's place of employment; 85.14 (10) order the abusing party to pay restitution to the 85.15 petitioner; 85.16 (11) order the continuance of all currently available 85.17 insurance coverage without change in coverage or beneficiary 85.18 designation; and 85.19 (12) order, in its discretion, other relief as it deems 85.20 necessary for the protection of a family or household member, 85.21 including orders or directives to the sheriff, constable, or 85.22 other law enforcement or corrections officer as provided by this 85.23 section. 85.24 (b) Any relief granted by the order for protection shall be 85.25 for a fixed period not to exceed one year, except when the court 85.26 determines a longer fixed period is appropriate. When a referee 85.27 presides at the hearing on the petition, the order granting 85.28 relief becomes effective upon the referee's signature. 85.29 (c) An order granting the relief authorized in paragraph 85.30 (a), clause (1), may not be vacated or modified in a proceeding 85.31 for dissolution of marriage or legal separation, except that the 85.32 court may hear a motion for modification of an order for 85.33 protection concurrently with a proceeding for dissolution of 85.34 marriage upon notice of motion and motion. The notice required 85.35 by court rule shall not be waived. If the proceedings are 85.36 consolidated and the motion to modify is granted, a separate 86.1 order for modification of an order for protection shall be 86.2 issued. 86.3 (d) An order granting the relief authorized in paragraph 86.4 (a), clause (2) or (3), is not voided by the admittance of the 86.5 abusing party into the dwelling from which the abusing party is 86.6 excluded. 86.7 (e) If a proceeding for dissolution of marriage or legal 86.8 separation is pending between the parties, the court shall 86.9 provide a copy of the order for protection to the court with 86.10 jurisdiction over the dissolution or separation proceeding for 86.11 inclusion in its file. 86.12 (f) An order for restitution issued under this subdivision 86.13 is enforceable as civil judgment. 86.14 Sec. 4. Minnesota Statutes 2000, section 518B.01, 86.15 subdivision 14, is amended to read: 86.16 Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A 86.17 person who violates an order for protection issued by a judge or 86.18 referee is subject to the penalties provided in paragraphs (b) 86.19 to (d). 86.20 (b) Except as otherwise provided in paragraphs (c) and (d), 86.21 whenever an order for protection is granted by a judge or 86.22 referee or pursuant to a similar law of another state, the 86.23 United States, the District of Columbia, tribal lands, or United 86.24 States territories, and the respondent or person to be 86.25 restrained knows of the order, violation of the order for 86.26 protection is a misdemeanor. Upon a misdemeanor conviction 86.27 under this paragraph, the defendant must be sentenced to a 86.28 minimum of three days imprisonment and must be ordered to 86.29 participate in counseling or other appropriate programs selected 86.30 by the court. If the court stays imposition or execution of the 86.31 jail sentence and the defendant refuses or fails to comply with 86.32 the court's treatment order, the court must impose and execute 86.33 the stayed jail sentence. A violation of an order for 86.34 protection shall also constitute contempt of court and be 86.35 subject to the penalties provided in chapter 588. 86.36 (c) A person is guilty of a gross misdemeanor who knowingly 87.1 violates this subdivision during the time period between a 87.2 previous qualified domestic violence-related offense conviction 87.3under this subdivision; sections 609.221 to 609.224; 609.2242;87.4609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or87.5a similar law of another state, the District of Columbia, tribal87.6lands, or United States territories;and the end of the five 87.7 years following discharge from sentence for that 87.8convictionoffense. Upon a gross misdemeanor conviction under 87.9 this paragraph, the defendant must be sentenced to a minimum of 87.10 ten days imprisonment and must be ordered to participate in 87.11 counseling or other appropriate programs selected by the court. 87.12 Notwithstanding section 609.135, the court must impose and 87.13 execute the minimum sentence provided in this paragraph for 87.14 gross misdemeanor convictions. 87.15 (d) A person is guilty of a felony and may be sentenced to 87.16 imprisonment for not more than five years or to payment of a 87.17 fine of not more than $10,000, or both, if the person knowingly 87.18 violates this subdivision: 87.19 (1) during the time period between the first of two or more 87.20 previous qualified domestic violence-related offense convictions 87.21under this section or sections 609.221 to 609.224; 609.2242;87.22609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or87.23a similar law of another state, the District of Columbia, tribal87.24lands, or United States territories;and the end of the five 87.25 years following discharge from sentence for that 87.26convictionoffense; or 87.27 (2) while possessing a dangerous weapon, as defined in 87.28 section 609.02, subdivision 6. 87.29 Upon a felony conviction under this paragraph in which the court 87.30 stays imposition or execution of sentence, the court shall 87.31 impose at least a 30-day period of incarceration as a condition 87.32 of probation. The court also shall order that the defendant 87.33 participate in counseling or other appropriate programs selected 87.34 by the court. Notwithstanding section 609.135, the court must 87.35 impose and execute the minimum sentence provided in this 87.36 paragraph for felony convictions. 88.1 (e) A peace officer shall arrest without a warrant and take 88.2 into custody a person whom the peace officer has probable cause 88.3 to believe has violated an order granted pursuant to this 88.4 section or a similar law of another state, the United States, 88.5 the District of Columbia, tribal lands, or United States 88.6 territories restraining the person or excluding the person from 88.7 the residence or the petitioner's place of employment, even if 88.8 the violation of the order did not take place in the presence of 88.9 the peace officer, if the existence of the order can be verified 88.10 by the officer. The probable cause required under this 88.11 paragraph includes probable cause that the person knowingly 88.12 violated the order. When the order is first served upon the 88.13 person at a location at which, under the terms of the order, the 88.14 person's presence constitutes a violation, the person shall not 88.15 be arrested for violation of the order but shall be given a 88.16 reasonable opportunity to leave the location in the presence of 88.17 the peace officer. A person arrested under this paragraph shall 88.18 be held in custody for at least 36 hours, excluding the day of 88.19 arrest, Sundays, and holidays, unless the person is released 88.20 earlier by a judge or judicial officer. A peace officer acting 88.21 in good faith and exercising due care in making an arrest 88.22 pursuant to this paragraph is immune from civil liability that 88.23 might result from the officer's actions. 88.24 (f) If the court finds that the respondent has violated an 88.25 order for protection and that there is reason to believe that 88.26 the respondent will commit a further violation of the provisions 88.27 of the order restraining the respondent from committing acts of 88.28 domestic abuse or excluding the respondent from the petitioner's 88.29 residence, the court may require the respondent to acknowledge 88.30 an obligation to comply with the order on the record. The court 88.31 may require a bond sufficient to deter the respondent from 88.32 committing further violations of the order for protection, 88.33 considering the financial resources of the respondent, and not 88.34 to exceed $10,000. If the respondent refuses to comply with an 88.35 order to acknowledge the obligation or post a bond under this 88.36 paragraph, the court shall commit the respondent to the county 89.1 jail during the term of the order for protection or until the 89.2 respondent complies with the order under this paragraph. The 89.3 warrant must state the cause of commitment, with the sum and 89.4 time for which any bond is required. If an order is issued 89.5 under this paragraph, the court may order the costs of the 89.6 contempt action, or any part of them, to be paid by the 89.7 respondent. An order under this paragraph is appealable. 89.8 (g) Upon the filing of an affidavit by the petitioner, any 89.9 peace officer, or an interested party designated by the court, 89.10 alleging that the respondent has violated any order for 89.11 protection granted pursuant to this section or a similar law of 89.12 another state, the United States, the District of Columbia, 89.13 tribal lands, or United States territories, the court may issue 89.14 an order to the respondent, requiring the respondent to appear 89.15 and show cause within 14 days why the respondent should not be 89.16 found in contempt of court and punished therefor. The hearing 89.17 may be held by the court in any county in which the petitioner 89.18 or respondent temporarily or permanently resides at the time of 89.19 the alleged violation, or in the county in which the alleged 89.20 violation occurred, if the petitioner and respondent do not 89.21 reside in this state. The court also shall refer the violation 89.22 of the order for protection to the appropriate prosecuting 89.23 authority for possible prosecution under paragraph (b), (c), or 89.24 (d). 89.25 (h) If it is alleged that the respondent has violated an 89.26 order for protection issued under subdivision 6 or a similar law 89.27 of another state, the United States, the District of Columbia, 89.28 tribal lands, or United States territories, and the court finds 89.29 that the order has expired between the time of the alleged 89.30 violation and the court's hearing on the violation, the court 89.31 may grant a new order for protection under subdivision 6 based 89.32 solely on the respondent's alleged violation of the prior order, 89.33 to be effective until the hearing on the alleged violation of 89.34 the prior order. If the court finds that the respondent has 89.35 violated the prior order, the relief granted in the new order 89.36 for protection shall be extended for a fixed period, not to 90.1 exceed one year, except when the court determines a longer fixed 90.2 period is appropriate. 90.3 (i) The admittance into petitioner's dwelling of an abusing 90.4 party excluded from the dwelling under an order for protection 90.5 is not a violation by the petitioner of the order for protection. 90.6 A peace officer is not liable under section 609.43, clause 90.7 (1), for a failure to perform a duty required by paragraph (e). 90.8 (j) When a person is convicted under paragraph (b) or (c) 90.9 of violating an order for protection and the court determines 90.10 that the person used a firearm in any way during commission of 90.11 the violation, the court may order that the person is prohibited 90.12 from possessing any type of firearm for any period longer than 90.13 three years or for the remainder of the person's life. A person 90.14 who violates this paragraph is guilty of a gross misdemeanor. 90.15 At the time of the conviction, the court shall inform the 90.16 defendant whether and for how long the defendant is prohibited 90.17 from possessing a firearm and that it is a gross misdemeanor to 90.18 violate this paragraph. The failure of the court to provide 90.19 this information to a defendant does not affect the 90.20 applicability of the firearm possession prohibition or the gross 90.21 misdemeanor penalty to that defendant. 90.22 (k) Except as otherwise provided in paragraph (j), when a 90.23 person is convicted under paragraph (b) or (c) of violating an 90.24 order for protection, the court shall inform the defendant that 90.25 the defendant is prohibited from possessing a pistol for three 90.26 years from the date of conviction and that it is a gross 90.27 misdemeanor offense to violate this prohibition. The failure of 90.28 the court to provide this information to a defendant does not 90.29 affect the applicability of the pistol possession prohibition or 90.30 the gross misdemeanor penalty to that defendant. 90.31 (l) Except as otherwise provided in paragraph (j), a person 90.32 is not entitled to possess a pistol if the person has been 90.33 convicted under paragraph (b) or (c) after August 1, 1996, of 90.34 violating an order for protection, unless three years have 90.35 elapsed from the date of conviction and, during that time, the 90.36 person has not been convicted of any other violation of this 91.1 section. Property rights may not be abated but access may be 91.2 restricted by the courts. A person who possesses a pistol in 91.3 violation of this paragraph is guilty of a gross misdemeanor. 91.4 (m) If the court determines that a person convicted under 91.5 paragraph (b) or (c) of violating an order for protection owns 91.6 or possesses a firearm and used it in any way during the 91.7 commission of the violation, it shall order that the firearm be 91.8 summarily forfeited under section 609.5316, subdivision 3. 91.9 Sec. 5. [518B.12] [DOMESTIC ABUSE COUNSELING PROGRAM OR 91.10 EDUCATIONAL PROGRAM REQUIRED.] 91.11 Subdivision 1. [COURT-ORDERED DOMESTIC ABUSE COUNSELING 91.12 PROGRAM OR EDUCATIONAL PROGRAM.] If the court stays imposition 91.13 or execution of a sentence for a domestic abuse offense and 91.14 places the offender on probation, the court shall order that, as 91.15 a condition of the stayed sentence, the offender participate in 91.16 and successfully complete a domestic abuse counseling program or 91.17 educational program. 91.18 Sec. 6. Minnesota Statutes 2000, section 609.02, is 91.19 amended by adding a subdivision to read: 91.20 Subd. 16. [QUALIFIED DOMESTIC VIOLENCE-RELATED 91.21 OFFENSE.] "Qualified domestic violence-related offense" includes 91.22 the following offenses: sections 518B.01, subdivision 14 91.23 (violation of domestic abuse order for protection); 609.221 91.24 (first-degree assault); 609.222 (second-degree assault); 609.223 91.25 (third-degree assault); 609.2231 (fourth-degree assault); 91.26 609.224 (fifth-degree assault); 609.2242 (domestic assault); 91.27 609.342 (first-degree criminal sexual conduct); 609.343 91.28 (second-degree criminal sexual conduct); 609.344 (third-degree 91.29 criminal sexual conduct); 609.345 (fourth-degree criminal sexual 91.30 conduct); 609.377 (malicious punishment of a child); 609.713 91.31 (terroristic threats); 609.748, subdivision 6, (violation of 91.32 restraining order); and 609.749 (harassment/stalking); and 91.33 similar laws of other states, the United States, the District of 91.34 Columbia, tribal lands, and United States territories. 91.35 Sec. 7. Minnesota Statutes 2000, section 609.224, 91.36 subdivision 2, is amended to read: 92.1 Subd. 2. [GROSS MISDEMEANOR.] (a) Whoever violates the 92.2 provisions of subdivision 1 against the same victim during the 92.3 time period between a previous qualified domestic 92.4 violence-related offense conviction or adjudication of 92.5 delinquencyunder this section, sections 609.221 to 609.2231,92.6609.2242, 609.342 to 609.345, 609.377, or 609.713, or any92.7similar law of another state,and the end of the five years 92.8 following discharge from sentence or disposition for 92.9 thatconviction or adjudicationoffense, is guilty of a gross 92.10 misdemeanor and may be sentenced to imprisonment for not more 92.11 than one year or to payment of a fine of not more than $3,000, 92.12 or both. 92.13 (b) Whoever violates the provisions of subdivision 1 within 92.14 two years of a previous qualified domestic violence-related 92.15 offense conviction or adjudication of delinquencyunder this92.16section or sections 609.221 to 609.2231, 609.2242, 609.377, or92.17609.713, or any similar law of another state,is guilty of a 92.18 gross misdemeanor and may be sentenced to imprisonment for not 92.19 more than one year or to payment of a fine of not more than 92.20 $3,000, or both. 92.21 (c) A caregiver, as defined in section 609.232, who is an 92.22 individual and who violates the provisions of subdivision 1 92.23 against a vulnerable adult, as defined in section 609.232, is 92.24 guilty of a gross misdemeanor and may be sentenced to 92.25 imprisonment for not more than one year or to payment of a fine 92.26 of not more than $3,000, or both. 92.27 Sec. 8. Minnesota Statutes 2000, section 609.224, 92.28 subdivision 4, is amended to read: 92.29 Subd. 4. [FELONY.] (a) Whoever violates the provisions of 92.30 subdivision 1 against the same victim during the time period 92.31 between the first of any combination of two or more 92.32 previous qualified domestic violence-related offense convictions 92.33 or adjudications of delinquencyunder this section or sections92.34609.221 to 609.2231, 609.2242, 609.342 to 609.345, 609.377, or92.35609.713, or any similar law of another state,and the end of the 92.36 five years following discharge from sentence or disposition for 93.1 thatconviction or adjudicationoffense is guilty of a felony 93.2 and may be sentenced to imprisonment for not more than five 93.3 years or payment of a fine of not more than $10,000, or both. 93.4 (b) Whoever violates the provisions of subdivision 1 within 93.5 three years of the first of any combination of two or more 93.6 previous qualified domestic violence-related offense convictions 93.7 or adjudications of delinquencyunder this section or sections93.8609.221 to 609.2231, 609.2242, 609.377, or 609.713, or any93.9similar law of another state,is guilty of a felony and may be 93.10 sentenced to imprisonment for not more than five years or to 93.11 payment of a fine of not more than $10,000, or both. 93.12 Sec. 9. Minnesota Statutes 2000, section 609.2242, 93.13 subdivision 2, is amended to read: 93.14 Subd. 2. [GROSS MISDEMEANOR.] Whoever violates subdivision 93.15 1 during the time period between a previous qualified domestic 93.16 violence-related offense conviction or adjudication of 93.17 delinquencyunder this section or sections 609.221 to 609.2231,93.18609.224, 609.342 to 609.345, 609.377, or 609.713 , or any93.19similar law of another state,against a family or household 93.20 member as defined in section 518B.01, subdivision 2, and the end 93.21 of the five years following discharge from sentence or 93.22 disposition for thatconviction or adjudicationoffense is 93.23 guilty of a gross misdemeanor and may be sentenced to 93.24 imprisonment for not more than one year or to payment of a fine 93.25 of not more than $3,000, or both. 93.26 Sec. 10. Minnesota Statutes 2000, section 609.2242, 93.27 subdivision 4, is amended to read: 93.28 Subd. 4. [FELONY.] Whoever violates the provisions of this 93.29 section or section 609.224, subdivision 1, against the same 93.30 victim during the time period between the first of any 93.31 combination of two or more previous qualified domestic 93.32 violence-related offense convictions or adjudications of 93.33 delinquencyunder this section or sections 609.221 to 609.2231,93.34609.224, 609.342 to 609.345, 609.377, or 609.713, or any similar93.35law of another stateand the end of the five years following 93.36 discharge from sentence or disposition for thatconviction or94.1adjudicationoffense is guilty of a felony and may be sentenced 94.2 to imprisonment for not more than five years or payment of a 94.3 fine of not more than $10,000, or both. 94.4 Sec. 11. Minnesota Statutes 2000, section 609.748, 94.5 subdivision 6, is amended to read: 94.6 Subd. 6. [VIOLATION OF RESTRAINING ORDER.] (a) A person 94.7 who violates a restraining order issued under this section is 94.8 subject to the penalties provided in paragraphs (b) to (d). 94.9 (b) Except as otherwise provided in paragraphs (c) and (d), 94.10 when a temporary restraining order or a restraining order is 94.11 granted under this section and the respondent knows of the 94.12 order, violation of the order is a misdemeanor. 94.13 (c) A person is guilty of a gross misdemeanor who knowingly 94.14 violates the order during the time period between a 94.15 previous qualified domestic violence-related offense conviction 94.16under this subdivision; sections 609.221 to 609.224; 609.2242;94.17518B.01, subdivision 14; 609.713, subdivisions 1 or 3; or94.18609.749;and the end of the five years following discharge from 94.19 sentence for thatconvictionoffense. 94.20 (d) A person is guilty of a felony and may be sentenced to 94.21 imprisonment for not more than five years or to payment of a 94.22 fine of not more than $10,000, or both, if the person knowingly 94.23 violates the order: 94.24 (1) during the time period between the first of two or more 94.25 previous qualified domestic violence-related offense convictions 94.26under this subdivision or sections 518B.01, subdivision 14;94.27609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3;94.28609.749;and the end of the five years following discharge from 94.29 sentence for thatconvictionoffense; 94.30 (2) because of the victim's or another's actual or 94.31 perceived race, color, religion, sex, sexual orientation, 94.32 disability as defined in section 363.01, age, or national 94.33 origin; 94.34 (3) by falsely impersonating another; 94.35 (4) while possessing a dangerous weapon; 94.36 (5) with an intent to influence or otherwise tamper with a 95.1 juror or a judicial proceeding or with intent to retaliate 95.2 against a judicial officer, as defined in section 609.415, or a 95.3 prosecutor, defense attorney, or officer of the court, because 95.4 of that person's performance of official duties in connection 95.5 with a judicial proceeding; or 95.6 (6) against a victim under the age of 18, if the respondent 95.7 is more than 36 months older than the victim. 95.8 (e) A peace officer shall arrest without a warrant and take 95.9 into custody a person whom the peace officer has probable cause 95.10 to believe has violated an order issued under subdivision 4 or 5 95.11 if the existence of the order can be verified by the officer. 95.12 (f) A violation of a temporary restraining order or 95.13 restraining order shall also constitute contempt of court. 95.14 (g) Upon the filing of an affidavit by the petitioner, any 95.15 peace officer, or an interested party designated by the court, 95.16 alleging that the respondent has violated an order issued under 95.17 subdivision 4 or 5, the court may issue an order to the 95.18 respondent requiring the respondent to appear within 14 days and 95.19 show cause why the respondent should not be held in contempt of 95.20 court. The court also shall refer the violation of the order to 95.21 the appropriate prosecuting authority for possible prosecution 95.22 under paragraph (b), (c), or (d). 95.23 Sec. 12. Minnesota Statutes 2000, section 609.748, 95.24 subdivision 8, is amended to read: 95.25 Subd. 8. [NOTICE.] An order granted under this section 95.26 must contain a conspicuous notice to the respondent: 95.27 (1) of the specific conduct that will constitute a 95.28 violation of the order; 95.29 (2) that violation of an orderismay be (i) a misdemeanor 95.30 punishable by imprisonment for up to 90 days or a fine of up to 95.31 $700, or both,and that a subsequent violation is(ii) a gross 95.32 misdemeanor punishable by imprisonment for up to one year or a 95.33 fine of up to $3,000, or both, or (iii) a felony punishable by 95.34 imprisonment for up to five years or a fine of up to $10,000, or 95.35 both; and 95.36 (3) that a peace officer must arrest without warrant and 96.1 take into custody a person if the peace officer has probable 96.2 cause to believe the person has violated a restraining order. 96.3 Sec. 13. Minnesota Statutes 2000, section 609.749, 96.4 subdivision 4, is amended to read: 96.5 Subd. 4. [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 96.6 person is guilty of a felony who violates any provision of 96.7 subdivision 2 during the time period between a 96.8 previous qualified domestic violence-related offense conviction 96.9 or adjudication of delinquencyunder this section; sections96.10609.221 to 609.2242; 518B.01, subdivision 14; 609.748,96.11subdivision 6; or 609.713, subdivision 1 or 3; or a similar law96.12from another stateand the end of the ten years following 96.13 discharge from sentence or disposition for thatconviction or96.14adjudicationoffense. 96.15 Sec. 14. Minnesota Statutes 2000, section 609.749, 96.16 subdivision 5, is amended to read: 96.17 Subd. 5. [PATTERN OF HARASSING CONDUCT.] (a) A person who 96.18 engages in a pattern of harassing conduct with respect to a 96.19 single victim or one or more members of a single household which 96.20 the actor knows or has reason to know would cause the victim 96.21 under the circumstances to feel terrorized or to fear bodily 96.22 harm and which does cause this reaction on the part of the 96.23 victim, is guilty of a felony and may be sentenced to 96.24 imprisonment for not more than ten years or to payment of a fine 96.25 of not more than $20,000, or both. 96.26 (b) For purposes of this subdivision, a "pattern of 96.27 harassing conduct" means two or more acts within a five-year 96.28 period that violate the provisions of any of the following or a 96.29 similar law of another state, the United States, the District of 96.30 Columbia, tribal lands, or United States territories: 96.31 (1) this section; 96.32 (2) section 609.713; 96.33 (3) section 609.224; 96.34 (4) section 609.2242; 96.35 (5) section 518B.01, subdivision 14; 96.36 (6) section 609.748, subdivision 6; 97.1 (7) section 609.605, subdivision 1, paragraph (b), clauses 97.2 (3), (4), and (7); 97.3 (8) section 609.79; 97.4 (9) section 609.795; 97.5 (10) section 609.582; 97.6 (11) section 609.595; or 97.7 (12) section 609.765. 97.8 (c) When acts constituting a violation of this subdivision 97.9 are committed in two or more counties, the accused may be 97.10 prosecuted in any county in which one of the acts was committed 97.11 for all acts constituting the pattern. 97.12 Sec. 15. Minnesota Statutes 2000, section 611A.201, 97.13 subdivision 2, is amended to read: 97.14 Subd. 2. [DIRECTOR'S RESPONSIBILITIES.] The director shall 97.15 have the following duties: 97.16 (1) advocate for the rights of victims of domestic violence 97.17 and sexual assault; 97.18 (2) increase public education and visibility about the 97.19 prevention of domestic violence and sexual assault; 97.20 (3) encourage accountability regarding domestic violence 97.21 and sexual assault at all levels of the system, and develop 97.22 recommendations to improve accountability when the system fails; 97.23 (4) support prosecution and civil litigation efforts 97.24 regarding domestic violence and sexual assault at the federal 97.25 and state levels; 97.26 (5) study issues involving domestic violence and sexual 97.27 assault as they pertain to both men and women and present 97.28 findings and recommendations resulting from these studies to all 97.29 branches of government; 97.30 (6) initiate policy changes regarding domestic violence and 97.31 sexual assault at all levels of government; 97.32(6)(7) coordinate existing resources and promote 97.33 coordinated and immediate community responses to better serve 97.34 victims of domestic violence and sexual assault; 97.35(7)(8) build partnerships among law enforcement, 97.36 prosecutors, defenders, advocates, and courts to reduce the 98.1 occurrence of domestic violence and sexual assault; 98.2(8)(9) encourage and support the efforts of health care 98.3 providers, mental health experts, employers, educators, clergy 98.4 members, and others, in raising awareness of and addressing how 98.5 to prevent domestic violence and sexual assault; 98.6(9)(10) coordinate and maximize the use of federal, state, 98.7 and local resources available to prevent domestic violence and 98.8 sexual assault and leverage more resources through grants and 98.9 private funding; and 98.10(10)(11) serve as a liaison between the executive director 98.11 of the center for crime victim services and the commissioner of 98.12 health with regard to the department of health's sexual violence 98.13 prevention program funded by federal block grants, and oversee 98.14 how this money is spent. 98.15 Sec. 16. Minnesota Statutes 2000, section 611A.32, is 98.16 amended by adding a subdivision to read: 98.17 Subd. 3a. [SCOPE OF PROGRAMS.] A public or private 98.18 nonprofit agency that receives a grant under section 611A.32 or 98.19 611A.37 may use the grant to fund gender-specific programs. 98.20 Sec. 17. Minnesota Statutes 2000, section 629.72, is 98.21 amended to read: 98.22 629.72 [BAIL IN CASES OF DOMESTICASSAULT ORABUSE, 98.23 HARASSMENT, VIOLATION OF AN ORDER FOR PROTECTION, OR VIOLATION 98.24 OF A DOMESTIC ABUSE NO CONTACT ORDER.] 98.25 Subdivision 1. [DEFINITION; ALLOWING DETENTION IN LIEU OF98.26CITATION; RELEASEDEFINITIONS.] (a) For purposes of this 98.27 section, the following terms have the meanings given them. 98.28 (b) "Domestic abuse" has the meaning given in section 98.29 518B.01, subdivision 2. 98.30 (c) "Harassment" has the meaning given in section 609.749. 98.31 (d) "Violation of a domestic abuse no contact order" has 98.32 the meaning given in section 518B.01, subdivision 22. 98.33 (e) "Violation of an order for protection" has the meaning 98.34 given in section 518B.01, subdivision 14. 98.35(b)Subd. 1a. [ALLOWING DETENTION IN LIEU OF CITATION; 98.36 RELEASE.] (a) Notwithstanding any other law or rule, an 99.1 arresting officer may not issue a citation in lieu of arrest and 99.2 detention to an individual charged with harassmentor charged99.3with, domestic abuse, violation of an order for protection, or 99.4 violation of a domestic abuse no contact order. 99.5(c)(b) Notwithstanding any other law or rule, an 99.6 individual who is arrested on a charge of harassing any 99.7 personor of, domestic abuse, violation of an order for 99.8 protection, or violation of a domestic abuse no contact order, 99.9 must be brought to the police station or county jail. The 99.10 officer in charge of the police station or the county sheriff in 99.11 charge of the jail shall issue a citation in lieu of continued 99.12 detention unless it reasonably appears to the officer or sheriff 99.13 thatdetention is necessary to prevent bodily harm to the99.14arrested person or another, or there is a substantial likelihood99.15the arrested person will fail to respond to a citationrelease 99.16 of the person (1) poses a threat to the alleged victim or 99.17 another family or household member, (2) poses a threat to public 99.18 safety, or (3) involves a substantial likelihood the arrested 99.19 person will fail to appear at subsequent proceedings. 99.20(d)(c) If the arrested person is not issued a citation by 99.21 the officer in charge of the police station or the county 99.22 sheriff, the arrested person must be brought before the nearest 99.23 available judge of the district court in the county in which the 99.24 alleged harassmentor, domestic abuse, violation of an order for 99.25 protection, or violation of a domestic abuse no contact order 99.26 took place without unnecessary delay as provided by court rule. 99.27 Subd. 2. [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge 99.28 before whom the arrested person is brought shall review the 99.29 facts surrounding the arrest and detention of a person arrested 99.30 for domestic abuse, harassment, violation of an order for 99.31 protection, or violation of a domestic abuse no contact order. 99.32 The prosecutor orother appropriate personprosecutor's designee 99.33 shall present relevant information involving the victim's or the 99.34 victim's family's account of the alleged crime to the judge to 99.35 be considered in determining the arrested person's release.The99.36arrested person must be ordered released pending trial or100.1hearing on the person's personal recognizance or on an order to100.2appear or upon the execution of an unsecured bond in a specified100.3amount unless the judge determines that release (1) will be100.4inimical to public safety, (2) will create a threat of bodily100.5harm to the arrested person, the victim of the alleged100.6harassment or domestic abuse, or another, or (3) will not100.7reasonably assure the appearance of the arrested person at100.8subsequent proceedings.In making a decision concerning 100.9 pretrial release conditions of a person arrested for domestic 100.10 abuse, harassment, violation of an order for protection, or 100.11 violation of a domestic abuse no contact order, the judge shall 100.12 review the facts of the arrest and detention of the person and 100.13 determine whether: (1) release of the person poses a threat to 100.14 the alleged victim, another family or household member, or 100.15 public safety; or (2) there is a substantial likelihood the 100.16 person will fail to appear at subsequent proceedings. Before 100.17 releasing a person arrested for or charged with a crime of 100.18 domestic abuse, harassment, violation of an order for 100.19 protection, or violation of a domestic abuse no contact order, 100.20 the judge shall make findings on the record, to the extent 100.21 possible, concerning the determination made in accordance with 100.22 the factors specified in clauses (1) and (2). 100.23 (b) The judge may impose conditions of release or bail, or 100.24 both, on the person to protect the alleged victim or other 100.25 family or household members and to ensure the appearance of the 100.26 person at subsequent proceedings. These conditions may include 100.27 an order: 100.28 (1) enjoining the person from threatening to commit or 100.29 committing acts of domestic abuse or harassment against the 100.30 alleged victim or other family or household members or from 100.31 violating an order for protection or a domestic abuse no contact 100.32 order; 100.33 (2) prohibiting the person from harassing, annoying, 100.34 telephoning, contacting, or otherwise communicating with the 100.35 alleged victim, either directly or indirectly; 100.36 (3) directing the person to vacate or stay away from the 101.1 home of the alleged victim and to stay away from any other 101.2 location where the alleged victim is likely to be; 101.3 (4) prohibiting the person from possessing a firearm or 101.4 other weapon specified by the court; 101.5 (5) prohibiting the person from possessing or consuming 101.6 alcohol or controlled substances; and 101.7 (6) specifying any other matter required to protect the 101.8 safety of the alleged victim and to ensure the appearance of the 101.9 person at subsequent proceedings. 101.10(b) If the judge determines release is not advisable, the101.11judge may impose any conditions of release that will reasonably101.12assure the appearance of the person for subsequent proceedings,101.13or will protect the victim of the alleged harassment or domestic101.14abuse, or may fix the amount of money bail without other101.15conditions upon which the arrested person may obtain release.101.16 (c) If conditions of release are imposed, the judge shall issue 101.17 a written order for conditional release. The court 101.18 administrator shall immediately distribute a copy of the order 101.19 for conditional release to the agency having custody of the 101.20 arrested person and shall provide the agency having custody of 101.21 the arrested person with any available information on the 101.22 location of the victim in a manner that protects the victim's 101.23 safety. Either the court or its designee or the agency having 101.24 custody of the arrested person shall serve upon the defendant a 101.25 copy of the order. Failure to serve the arrested person with a 101.26 copy of the order for conditional release does not invalidate 101.27 the conditions of release. 101.28(c)(d) If the judge imposes as a condition of release a 101.29 requirement that the person have no contact with the alleged 101.30 victimof the alleged harassment or domestic abuse, the judge 101.31 may also, on its own motion or that of the prosecutor or on 101.32 request of the victim, issue an ex parte temporary restraining 101.33 order under section 609.748, subdivision 4, or an ex parte 101.34 temporary order for protection under section 518B.01, 101.35 subdivision 7. Notwithstanding section 518B.01, subdivision 7, 101.36 paragraph (b), or 609.748, subdivision 4, paragraph (c), the 102.1 temporary order is effective until the defendant is convicted or 102.2 acquitted, or the charge is dismissed, provided that upon 102.3 request the defendant is entitled to a full hearing on the 102.4 restraining order under section 609.748, subdivision 5, or on 102.5 the order for protection under section 518B.01. The hearing 102.6 must be held within seven days of the defendant's request. 102.7 Subd. 2a. [ELECTRONIC MONITORING AS A CONDITION OF 102.8 PRETRIAL RELEASE.] (a) Until the commissioner of corrections has 102.9 adopted standards governing electronic monitoring devices used 102.10 to protect victims of domestic abuse, the court, as a condition 102.11 of release, may not order a person arrested for a crime 102.12 described in section 609.135, subdivision 5a, paragraph (b), to 102.13 use an electronic monitoring device to protect a victim's safety. 102.14 (b) Notwithstanding paragraph (a), district courts in the 102.15 tenth judicial district may order, as a condition of a release, 102.16 a person arrested on a charge of a crime described in section 102.17 609.135, subdivision 5a, paragraph (b), to use an electronic 102.18 monitoring device to protect the victim's safety. The courts 102.19 shall make data on the use of electronic monitoring devices to 102.20 protect a victim's safety in the tenth judicial district 102.21 available to the commissioner of corrections to evaluate and to 102.22 aid in development of standards for the use of devices to 102.23 protect victims of domestic abuse. 102.24 Subd. 3. [RELEASE.] If the arrested person is not issued a 102.25 citation by the officer in charge of the police station or the 102.26 county sheriff pursuant to subdivision 1, and is not brought 102.27 before a judge within the time limits prescribed by court rule, 102.28 the arrested person shall be released by the arresting 102.29 authorities, and a citation must be issued in lieu of continued 102.30 detention. 102.31 Subd. 4. [SERVICE OF RESTRAINING ORDER OR ORDER FOR 102.32 PROTECTION.] If a restraining order is issued under section 102.33 609.748 or an order for protection is issued under section 102.34 518B.01 while the arrested person is still in detention, the 102.35 order must be served upon the arrested person during detention 102.36 if possible. 103.1 Subd. 5. [VIOLATIONS OF CONDITIONS OF RELEASE.] The judge 103.2 who released the arrested person shall issue a warrant directing 103.3 that the person be arrested and taken immediately before the 103.4 judge, if the judge: 103.5 (1) receives an application alleging that the arrested 103.6 person has violated the conditions of release; and 103.7 (2) finds that probable cause exists to believe that the 103.8 conditions of release have been violated. 103.9 Subd. 6. [NOTICE REGARDING RELEASE OF ARRESTED PERSON.] 103.10 (a) Immediately after issuance of a citation in lieu of 103.11 continued detention under subdivision 1, or the entry of an 103.12 order for release under subdivision 2, but before the arrested 103.13 person is released, the agency having custody of the arrested 103.14 person or its designee must make a reasonable and good faith 103.15 effort to inform orally the alleged victim, local law 103.16 enforcement agencies known to be involved in the case, if 103.17 different from the agency having custody, and, at the victim's 103.18 request any local battered women's and domestic abuse programs 103.19 established under section 611A.32 or sexual assault programs of: 103.20 (1) the conditions of release, if any; 103.21 (2) the time of release; 103.22 (3) the time, date, and place of the next scheduled court 103.23 appearance of the arrested person and the victim's right to be 103.24 present at the court appearance; and 103.25 (4) if the arrested person is charged with domestic abuse, 103.26 the location and telephone number of the area battered women's 103.27 shelter as designated by the department of corrections. 103.28 (b) As soon as practicable after an order for conditional 103.29 release is entered, the agency having custody of the arrested 103.30 person or its designee must personally deliver or mail to the 103.31 alleged victim a copy of the written order and written notice of 103.32 the information in paragraph (a), clauses (2) and (3). 103.33 Subd. 7. [NOTICE TO VICTIM REGARDING BAIL HEARING.] When a 103.34 person arrested for or a juvenile detained for domestic assault 103.35 or harassment is scheduled to be reviewed under subdivision 2 103.36 for release from pretrial detention, the court shall make a 104.1 reasonable good faith effort to notify: (1) the victim of the 104.2 alleged crime; (2) if the victim is incapacitated or deceased, 104.3 the victim's family; and (3) if the victim is a minor, the 104.4 victim's parent or guardian. The notification must include: 104.5 (a) the date and approximate time of the review; 104.6 (b) the location where the review will occur; 104.7 (c) the name and telephone number of a person that can be 104.8 contacted for additional information; and 104.9 (d) a statement that the victim and the victim's family may 104.10 attend the review. 104.11 Sec. 18. [STUDY; INTERAGENCY TASK FORCE ON DOMESTIC 104.12 VIOLENCE AND SEXUAL ASSAULT PREVENTION.] 104.13 The interagency task force on domestic violence and sexual 104.14 assault prevention is directed to study issues related to gender 104.15 and domestic violence and to assess the needs of male victims of 104.16 domestic violence including false assault accusations. By 104.17 January 15, 2002, the director of prevention of domestic 104.18 violence and sexual assault shall report to the chairs and 104.19 ranking minority members of the house and senate committees with 104.20 jurisdiction over criminal justice policy and funding on the 104.21 task force's study, findings, and recommendations. 104.22 Sec. 19. [INSTRUCTION TO REVISOR.] 104.23 The revisor of statutes shall delete the phrases "battered 104.24 women" and "battered women's" wherever they appear in the next 104.25 edition of Minnesota Statutes and Minnesota Rules and change 104.26 them to or maintain references to "domestic abuse victims" or 104.27 "domestic abuse." The revisor of statutes shall not delete or 104.28 change any references in statute to the "Minnesota Coalition for 104.29 Battered Women." 104.30 Sec. 20. [REPEALER.] 104.31 Minnesota Statutes 2000, section 609.2244, subdivision 4, 104.32 is repealed. 104.33 Sec. 21. [EFFECTIVE DATES.] 104.34 Sections 1, 4, and 6 to 14 are effective August 1, 2001, 104.35 and apply to crimes committed on or after that date. The 104.36 remaining sections are effective July 1, 2001. 105.1 ARTICLE 10 105.2 MISCELLANEOUS AND TECHNICAL PROVISIONS 105.3 Section 1. Minnesota Statutes 2000, section 8.16, 105.4 subdivision 1, is amended to read: 105.5 Subdivision 1. [AUTHORITY.] The attorney general, or any 105.6 deputy, assistant, or special assistant attorney general whom 105.7 the attorney general authorizes in writing, has the authority in 105.8 any county of the state to subpoena and require the production 105.9 of any records of telephone companies, cellular phone companies, 105.10 paging companies, the names and addresses of subscribers of 105.11 private computer networks including Internet service providers 105.12 or computer bulletin board systems, electric companies, gas 105.13 companies, water utilities, chemical suppliers, hotels and 105.14 motels, pawn shops, airlines, buses, taxis, and other entities 105.15 engaged in the business of transporting people, and freight 105.16 companies, self-service storage facilities, warehousing 105.17 companies, package delivery companies, and other entities 105.18 engaged in the businesses of transport, storage, or delivery, 105.19 and records of the existence of safe deposit box account numbers 105.20 and customer savings and checking account numbers maintained by 105.21 financial institutions and safe deposit companies. Subpoenas 105.22 may only be issued for records that are relevant to an ongoing 105.23 legitimate law enforcement investigation. 105.24 Sec. 2. Minnesota Statutes 2000, section 169A.03, 105.25 subdivision 12, is amended to read: 105.26 Subd. 12. [MISDEMEANOR.] "Misdemeanor" means a crime for 105.27 which a person may be sentenced to imprisonment for not more 105.28 than 90 days, or to payment of a fine of not more 105.29 than$700$1,000, or both. 105.30 Sec. 3. Minnesota Statutes 2000, section 629.471, 105.31 subdivision 2, is amended to read: 105.32 Subd. 2. [QUADRUPLE FINE.] (a) For offenses under sections 105.33 169.09, 169A.20, 171.24,paragraph (c)subdivision 5,609.2231,105.34subdivision 2, 609.487,and 609.525, the maximum cash bail that 105.35 may be required for a person charged with a misdemeanor or gross 105.36 misdemeanor violation is quadruple the highest cash fine that 106.1 may be imposed for the offense. 106.2 (b) Unless the court imposes the conditions of release 106.3 specified in section 169A.44, the court must impose maximum bail 106.4 when releasing a person from detention who has been charged with 106.5 violating section 169A.20 if the person has three or more prior 106.6 impaired driving convictions within the previous ten years. As 106.7 used in this subdivision, "prior impaired driving conviction" 106.8 has the meaning given in section 169A.03. 106.9 Sec. 4. [FEE INCREASE APPROVAL; PRIVATE DETECTIVES BOARD.] 106.10 Fee increases proposed for the private detectives board by 106.11 the governor in the 2002-2003 criminal justice biennial budget 106.12 document are approved. 106.13 Sec. 5. [EFFECTIVE DATES.] 106.14 Sections 1, 3, and 5 are effective July 1, 2001. Sections 106.15 2 and 4 are effective August 1, 2001, and apply to crimes 106.16 committed on or after that date. 106.17 ARTICLE 11 106.18 DWI TECHNICAL PROVISIONS 106.19 Section 1. Minnesota Statutes 2000, section 169A.03, is 106.20 amended by adding a subdivision to read: 106.21 Subd. 1a. [ALCOHOL BY VOLUME.] For purposes of this 106.22 chapter only, "alcohol by volume" means milliliters of alcohol 106.23 per 100 milliliters of beverage. 106.24 Sec. 2. Minnesota Statutes 2000, section 169A.03, is 106.25 amended by adding a subdivision to read: 106.26 Subd. 1b. [ALCOHOL BY WEIGHT.] For purposes of this 106.27 chapter only, "alcohol by weight" means grams of alcohol per 100 106.28 grams of beverage. 106.29 Sec. 3. Minnesota Statutes 2000, section 169A.277, 106.30 subdivision 2, is amended to read: 106.31 Subd. 2. [MONITORING REQUIRED.] When the court sentences a 106.32 person described in subdivision 1 to a stayed sentence and when 106.33 electronic monitoring equipment is available to the court, the 106.34 court shall require that the person participate in a program of 106.35 electronic alcohol monitoring in addition to any other 106.36 conditions of probation or jail time it imposes.During the107.1first one-third of the person's probationary term, the107.2electronic alcohol monitoring must be continuous and involve107.3measurements of the person's alcohol concentration at least107.4three times a day. During the remainder of the person's107.5probationary term, the electronic alcohol monitoring may be107.6intermittent, as determined by the court.The court must order 107.7 the monitoring for a minimum of 30 consecutive days during each 107.8 year of the person's probationary period. 107.9 Sec. 4. Minnesota Statutes 2000, section 169A.28, 107.10 subdivision 2, is amended to read: 107.11 Subd. 2. [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 107.12 OFFENSES.] (a) When a person is being sentenced for a violation 107.13 of a provision listed in paragraph (e), the court may sentence 107.14 the person to a consecutive term of imprisonment for a violation 107.15 of any other provision listed in paragraph (e), notwithstanding 107.16 the fact that the offenses arose out of the same course of 107.17 conduct, subject to the limitation on consecutive sentences 107.18 contained in section 609.15, subdivision 2, and except as 107.19 provided in paragraphs (b) and (c). 107.20 (b) When a person is being sentenced for a violation of 107.21 section 171.20 (operation after revocation, suspension, 107.22 cancellation, or disqualification), 171.24 (driving without 107.23 valid license), or 171.30 (violation of condition of limited 107.24 license), the court may not impose a consecutive sentence for 107.25 another violation of a provision in chapter 171 (drivers' 107.26 licenses and training schools). 107.27 (c) When a person is being sentenced for a violation of 107.28 section 169.791 (failure to provide proof of insurance) or 107.29 169.797 (failure to provide vehicle insurance), the court may 107.30 not impose a consecutive sentence for another violation of a 107.31 provision of sections 169.79 to 169.7995. 107.32 (d) This subdivision does not limit the authority of the 107.33 court to impose consecutive sentences for crimes arising on 107.34 different dates or to impose a consecutive sentence when a 107.35 person is being sentenced for a crime and is also in violation 107.36 of the conditions of a stayed or otherwise deferred sentence 108.1 under section 609.135 (stay of imposition or execution of 108.2 sentence). 108.3 (e) This subdivision applies to misdemeanor and gross 108.4 misdemeanor violations of the following if the offender has two 108.5 or more prior impaired driving convictions within the past ten 108.6 years: 108.7 (1) section 169A.20, subdivision 1 (driving while impaired; 108.8 impaired driving offenses); 108.9 (2) section 169A.20, subdivision 2 (driving while impaired; 108.10 test refusal offense); 108.11 (3) section 169.791; 108.12(3)(4) section 169.797; 108.13(4)(5) section 171.09 (violation of condition of 108.14 restricted license); 108.15 (6) section 171.20, subdivision 2 (operation after 108.16 revocation, suspension, cancellation, or disqualification); 108.17(5)(7) section 171.24; and 108.18(6)(8) section 171.30. 108.19 Sec. 5. Minnesota Statutes 2000, section 169A.37, 108.20 subdivision 1, is amended to read: 108.21 Subdivision 1. [CRIME DESCRIBED.] It is a crime for a 108.22 personto: 108.23 (1) to fail to comply with an impoundment order under 108.24 section 169A.60 (administrative plate impoundment); 108.25 (2) to file a false statement under section 169A.60, 108.26 subdivision 7or, 8, or 14; 108.27 (3) to operate a self-propelled motor vehicle on a street 108.28 or highway when the vehicle is subject to an impoundment order 108.29 issued under section 169A.60, unless specially coded plates have 108.30 been issued for the vehicle pursuant to section 169A.60, 108.31 subdivision 13;or108.32 (4) to fail to notify the commissioner of the impoundment 108.33 order when requesting new plates.; 108.34 (5) who is subject to a plate impoundment order under 108.35 section 169A.60, to drive, operate, or be in control of any 108.36 motor vehicle during the impoundment period, unless the vehicle 109.1 has specially coded plates issued pursuant to section 169A.60, 109.2 subdivision 13, and the person is validly licensed to drive; or 109.3 (6) who is the transferee of a motor vehicle and who has 109.4 signed a sworn statement under section 169A.60, subdivision 14, 109.5 to allow the previously registered owner to drive, operate, or 109.6 be in control of the vehicle during the impoundment period. 109.7 Sec. 6. Minnesota Statutes 2000, section 169A.41, 109.8 subdivision 2, is amended to read: 109.9 Subd. 2. [USE OF TEST RESULTS.] The results of this 109.10 preliminary screening test must be used for the purpose of 109.11 deciding whether an arrest should be made and whether to require 109.12 the tests authorized in section 169A.51 (chemical tests for 109.13 intoxication), but must not be used in any court action except 109.14 the following: 109.15 (1) to prove that a test was properly required of a person 109.16 pursuant to section 169A.51, subdivision 1; 109.17 (2) in a civil action arising out of the operation or use 109.18 of the motor vehicle; 109.19 (3) in an action for license reinstatement under section 109.20 171.19; 109.21 (4) in a prosecution for a violation of section 169A.20, 109.22 subdivision 2 (driving while impaired; test refusal); 109.23 (5) in a prosecution or juvenile court proceeding 109.24 concerning a violation of section 169A.33 (underage drinking and 109.25 driving), or 340A.503, subdivision 1, paragraph (a), clause (2) 109.26 (underage alcohol consumption); 109.27(5)(6) in a prosecution under section 169A.31, 109.28 (alcohol-related school or Head Start bus driving); or 171.30 109.29 (limited license); or 109.30(6)(7) in a prosecution for a violation of a restriction 109.31 on a driver's license under section 171.09, which provides that 109.32 the license holder may not use or consume any amount of alcohol 109.33 or a controlled substance. 109.34 Sec. 7. Minnesota Statutes 2000, section 169A.51, 109.35 subdivision 7, is amended to read: 109.36 Subd. 7. [REQUIREMENTS FOR CONDUCTING TESTS; LIABILITY.] 110.1 (a) Only a physician, medical technician,physician's trained110.2mobile intensive care paramedicemergency medical 110.3 technician-paramedic, registered nurse, medical 110.4 technologist, medical laboratory technician, or laboratory 110.5 assistant acting at the request of a peace officer may withdraw 110.6 blood for the purpose of determining the presence of alcohol, 110.7 controlled substances, or hazardous substances. This limitation 110.8 does not apply to the taking of a breath or urine sample. 110.9 (b) The person tested has the right to have someone of the 110.10 person's own choosing administer a chemical test or tests in 110.11 addition to any administered at the direction of a peace 110.12 officer; provided, that the additional test sample on behalf of 110.13 the person is obtained at the place where the person is in 110.14 custody, after the test administered at the direction of a peace 110.15 officer, and at no expense to the state. The failure or 110.16 inability to obtain an additional test or tests by a person does 110.17 not preclude the admission in evidence of the test taken at the 110.18 direction of a peace officer unless the additional test was 110.19 prevented or denied by the peace officer. 110.20 (c) The physician, medical technician,physician's trained110.21mobile intensive care paramedicemergency medical 110.22 technician-paramedic, medical technologist, medical laboratory 110.23 technician, laboratory assistant, or registered nurse drawing 110.24 blood at the request of a peace officer for the purpose of 110.25 determining the concentration of alcohol, controlled substances, 110.26 or hazardous substances is in no manner liable in any civil or 110.27 criminal action except for negligence in drawing the blood. The 110.28 person administering a breath test must be fully trained in the 110.29 administration of breath tests pursuant to training given by the 110.30 commissioner of public safety. 110.31 Sec. 8. Minnesota Statutes 2000, section 169A.54, 110.32 subdivision 6, is amended to read: 110.33 Subd. 6. [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 110.34Except for a person whose license has been revoked under110.35subdivision 2, and except for a person convicted of a violation110.36of section 169A.20 (driving while impaired) while having a child111.1under the age of 16 in the vehicle if the child is more than 36111.2months younger than the offender,(a) Any person whose license 111.3 has been revoked pursuant to section 169A.52 (license revocation 111.4 for test failure or refusal) as the result of the same incident, 111.5 and who does not have a qualified prior impaired driving 111.6 incident, is subject to the mandatory revocation provisions of 111.7 subdivision 1, clause (1) or (2), in lieu of the mandatory 111.8 revocation provisions of section 169A.52. 111.9 (b) Paragraph (a) does not apply to: 111.10 (1) a person whose license has been revoked under 111.11 subdivision 2 (driving while impaired by person under age 21); 111.12 (2) a person charged with violating section 169A.20 111.13 (driving while impaired) with the aggravating factor of having 111.14 an alcohol concentration of 0.20 or more as measured at the 111.15 time, or within two hours of the time, of the offense, and the 111.16 person is convicted of that offense or any other offense 111.17 described in section 169A.20 arising out of the same set of 111.18 circumstances; or 111.19 (3) a person charged with violating section 169A.20 111.20 (driving while impaired) with the aggravating factor of having a 111.21 child under the age of 16 in the vehicle and the child is more 111.22 than 36 months younger than the offender, and the person is 111.23 convicted of that offense or any other offense described in 111.24 section 169A.20 arising out of the same set of circumstances. 111.25 Sec. 9. Minnesota Statutes 2000, section 169A.60, 111.26 subdivision 1, is amended to read: 111.27 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 111.28 the following terms have the meanings given in this subdivision. 111.29 (b) "Motor vehicle" means a self-propelled motor vehicle 111.30 other than a motorboat in operation oraan off-road 111.31 recreational vehicle. 111.32 (c) "Plate impoundment violation" includes: 111.33 (1) a violation of section 169A.20 (driving while impaired) 111.34 or 169A.52 (license revocation for test failure or refusal), or 111.35 a conforming ordinance from this state or a conforming statute 111.36 or ordinance from another state, that results in the revocation 112.1 of a person's driver's license or driving privileges, within ten 112.2 years of a qualified prior impaired driving incident; 112.3 (2) a license disqualification under section 171.165 112.4 (commercial driver's license disqualification) resulting from a 112.5 violation of section 169A.52 within ten years of a qualified 112.6 prior impaired driving incident; 112.7 (3) a violation of section 169A.20 or 169A.52 while having 112.8 an alcohol concentration of 0.20 or more as measured at the 112.9 time, or within two hours of the time, of the offense; 112.10 (4) a violation of section 169A.20 or 169A.52 while having 112.11 a child under the age of 16 in the vehicle if the child is more 112.12 than 36 months younger than the offender; and 112.13 (5) a violation of section 171.24 (driving without valid 112.14 license) by a person whose driver's license or driving 112.15 privileges have been canceled under section 171.04, subdivision 112.16 1, clause (10) (persons not eligible for driver's license, 112.17 inimical to public safety). 112.18 (d) "Significant relationship" has the same meaning as 112.19 given in section 609.341, subdivision 15, and includes any 112.20 person with whom the actor regularly associates and communicates 112.21 outside of a workplace setting. 112.22 (e) "Violator" means a person who was driving, operating, 112.23 or in physical control of the motor vehicle when the plate 112.24 impoundment violation occurred. 112.25 Sec. 10. Minnesota Statutes 2000, section 169A.60, 112.26 subdivision 13, is amended to read: 112.27 Subd. 13. [SPECIAL REGISTRATION PLATES.] (a) At any time 112.28 during the effective period of an impoundment order, a violator 112.29 or registered owner may apply to the commissioner for new 112.30 registration plates, which must bear a special series of numbers 112.31 or letters so as to be readily identified by traffic law 112.32 enforcement officers. The commissioner may authorize the 112.33 issuance of special plates if: 112.34 (1) the violator has a qualified licensed driver whom the 112.35 violator must identify; 112.36 (2) the violator or registered owner has a limited license 113.1 issued under section 171.30; 113.2 (3) the registered owner is not the violator and the 113.3 registered owner has a valid or limited driver's license;or113.4 (4) a member of the registered owner's household has a 113.5 valid driver's license; or 113.6 (5) the violator has been reissued a valid driver's license. 113.7 (b) The commissioner may not issue new registration plates 113.8 for that vehicle subject to plate impoundment for a period of at 113.9 least one year from the date of the impoundment order and until 113.10 the next regularly scheduled registration date following the 113.11 impoundment period. In addition, if the owner is the violator, 113.12 new registration plates may not be issued for the vehicle unless 113.13 the person has been reissued a valid driver's license in 113.14 accordance with chapter 171. 113.15 (c) A violator may not apply for new registration plates 113.16 for a vehicle at any time before the person's driver's license 113.17 is reinstated. 113.18 (d) The commissioner may issue the special plates on 113.19 payment of a $50 fee for each vehicle for which special plates 113.20 are requested. 113.21 (e) Paragraphs (a) to (d) notwithstanding, the commissioner 113.22 must issue upon request new registration plates for a vehicle 113.23 for which the registration plates have been impounded if: 113.24 (1) the impoundment order is rescinded; 113.25 (2) the vehicle is transferred in compliance with 113.26 subdivision 14; or 113.27 (3) the vehicle is transferred to a Minnesota automobile 113.28 dealer licensed under section 168.27, a financial institution 113.29 that has submitted a repossession affidavit, or a government 113.30 agency. 113.31 Sec. 11. Minnesota Statutes 2000, section 169A.60, 113.32 subdivision 14, is amended to read: 113.33 Subd. 14. [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT ORDER.] 113.34 (a) A registered owner may not sell or transfer a motor vehicle 113.35 during the time its registration plates have been ordered 113.36 impounded or during the time its registration plates bear a 114.1 special series number, unless: 114.2 (1) the sale is for a valid consideration; 114.3 (2) the transfereedoesand the registered owner: 114.4 (i) are not, and have not been, related by blood, adoption, 114.5 or marriage; 114.6 (ii) do not reside in the same householdas the registered114.7owner; and 114.8 (iii) do not have, and have not had at any time, a 114.9 significant relationship with one another; 114.10 (3) the transferee signs an acceptable sworn statement with 114.11 the commissioner attesting that: 114.12 (i) the transferee and the violator do not have, and have 114.13 not had at any time, a significant relationship with one 114.14 another; 114.15 (ii) the transferee understands that the vehicle is subject 114.16 to an impoundment order; and 114.17 (iii) it is a crime under section 169A.37 to file a false 114.18 statement under this section or to allow the previously 114.19 registered owner to drive, operate, or be in control of the 114.20 vehicle during the impoundment period; and 114.21 (4) all elements of section 168A.10 (transfer of interest 114.22 by owner) are satisfied. 114.23 (b) If the conditions of paragraph (a) are satisfied, the 114.24 registrar maythentransfer the title to the new owner upon 114.25 proper application and issue new registration plates for the 114.26 vehicle. 114.27 Sec. 12. Minnesota Statutes 2000, section 171.09, is 114.28 amended to read: 114.29 171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS.] 114.30 (a) The commissioner shall have the authority, when good 114.31 cause appears, to impose restrictions suitable to the licensee's 114.32 driving ability or such other restrictions applicable to the 114.33 licensee as the commissioner may determine to be appropriate to 114.34 assure the safe operation of a motor vehicle by the licensee. 114.35 The commissioner may, upon receiving satisfactory evidence of 114.36 any violation of the restrictions of the license, suspend or 115.1 revoke the license. A license suspension under this section is 115.2 subject to section 171.18, subdivisions 2 and 3. 115.3 (b)It is unlawful for any person to operateA person who 115.4 drives, operates, or is in physical control of a motor 115.5 vehiclein any mannerwhile in violation of the restrictions 115.6 imposed in a restricted driver's license issued to that person 115.7 under paragraph (a) is guilty of a crime as follows: 115.8 (1) if the restriction relates to the possession or 115.9 consumption of alcohol or controlled substances, the person is 115.10 guilty of a gross misdemeanor; or 115.11 (2) if other than clause (1), the person is guilty of a 115.12 misdemeanor. 115.13 Sec. 13. Minnesota Statutes 2000, section 171.29, 115.14 subdivision 2, is amended to read: 115.15 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 115.16 license has been revoked as provided in subdivision 1, except 115.17 under section 169A.52or, 169A.54, or 609.21, shall pay a $30 115.18 fee before the driver's license is reinstated. 115.19 (b) A person whose driver's license has been revoked as 115.20 provided in subdivision 1 under section 169A.52or, 169A.54, or 115.21 609.21, shall pay a $250 fee plus a $40 surcharge before the 115.22 driver's license is reinstated. The $250 fee is to be credited 115.23 as follows: 115.24 (1) Twenty percent must be credited to the trunk highway 115.25 fund. 115.26 (2) Fifty-five percent must be credited to the general fund. 115.27 (3) Eight percent must be credited to a separate account to 115.28 be known as the bureau of criminal apprehension account. Money 115.29 in this account may be appropriated to the commissioner of 115.30 public safety and the appropriated amount must be apportioned 80 115.31 percent for laboratory costs and 20 percent for carrying out the 115.32 provisions of section 299C.065. 115.33 (4) Twelve percent must be credited to a separate account 115.34 to be known as the alcohol-impaired driver education account. 115.35 Money in the account is appropriated as follows: 115.36 (i) the first $200,000 in a fiscal year to the commissioner 116.1 of children, families, and learning for programs for elementary 116.2 and secondary school students; and 116.3 (ii) the remainder credited in a fiscal year to the 116.4 commissioner of transportation to be spent as grants to the 116.5 Minnesota highway safety center at St. Cloud State University 116.6 for programs relating to alcohol and highway safety education in 116.7 elementary and secondary schools. 116.8 (5) Five percent must be credited to a separate account to 116.9 be known as the traumatic brain injury and spinal cord injury 116.10 account. The money in the account is annually appropriated to 116.11 the commissioner of health to be used as follows: 35 percent 116.12 for a contract with a qualified community-based organization to 116.13 provide information, resources, and support to assist persons 116.14 with traumatic brain injury and their families to access 116.15 services, and 65 percent to maintain the traumatic brain injury 116.16 and spinal cord injury registry created in section 144.662. For 116.17 the purposes of this clause, a "qualified community-based 116.18 organization" is a private, not-for-profit organization of 116.19 consumers of traumatic brain injury services and their family 116.20 members. The organization must be registered with the United 116.21 States Internal Revenue Service under section 501(c)(3) as a 116.22 tax-exempt organization and must have as its purposes: 116.23 (i) the promotion of public, family, survivor, and 116.24 professional awareness of the incidence and consequences of 116.25 traumatic brain injury; 116.26 (ii) the provision of a network of support for persons with 116.27 traumatic brain injury, their families, and friends; 116.28 (iii) the development and support of programs and services 116.29 to prevent traumatic brain injury; 116.30 (iv) the establishment of education programs for persons 116.31 with traumatic brain injury; and 116.32 (v) the empowerment of persons with traumatic brain injury 116.33 through participation in its governance. 116.34 No patient's name, identifying information or identifiable 116.35 medical data will be disclosed to the organization without the 116.36 informed voluntary written consent of the patient or patient's 117.1 guardian, or if the patient is a minor, of the parent or 117.2 guardian of the patient. 117.3 (c) The $40 surcharge must be credited to a separate 117.4 account to be known as the remote electronic alcohol monitoring 117.5 program account. The commissioner shall transfer the balance of 117.6 this account to the commissioner of finance on a monthly basis 117.7 for deposit in the general fund. 117.8 (d) When these fees are collected by a licensing agent, 117.9 appointed under section 171.061, a handling charge is imposed in 117.10 the amount specified under section 171.061, subdivision 4. The 117.11 reinstatement fees and surcharge must be deposited in an 117.12 approved state depository as directed under section 171.061, 117.13 subdivision 4. 117.14 Sec. 14. Minnesota Statutes 2000, section 609.035, 117.15 subdivision 2, is amended to read: 117.16 Subd. 2. (a) When a person is being sentenced for a 117.17 violation of a provision listed in paragraph (e), the court may 117.18 sentence the person to a consecutive term of imprisonment for a 117.19 violation of any other provision listed in paragraph (e), 117.20 notwithstanding the fact that the offenses arose out of the same 117.21 course of conduct, subject to the limitation on consecutive 117.22 sentences contained in section 609.15, subdivision 2, and except 117.23 as provided in paragraphs (b), (c), and (f) of this subdivision. 117.24 (b) When a person is being sentenced for a violation of 117.25 section 171.09, 171.20, 171.24, or 171.30, the court may not 117.26 impose a consecutive sentence for another violation of a 117.27 provision in chapter 171. 117.28 (c) When a person is being sentenced for a violation of 117.29 section 169.791 or 169.797, the court may not impose a 117.30 consecutive sentence for another violation of a provision of 117.31 sections 169.79 to 169.7995. 117.32 (d) This subdivision does not limit the authority of the 117.33 court to impose consecutive sentences for crimes arising on 117.34 different dates or to impose a consecutive sentence when a 117.35 person is being sentenced for a crime and is also in violation 117.36 of the conditions of a stayed or otherwise deferred sentence 118.1 under section 609.135. 118.2 (e) This subdivision applies to misdemeanor and gross 118.3 misdemeanor violations of the following if the offender has two 118.4 or more prior impaired driving convictions as defined in section 118.5 169A.03 within the past ten years: 118.6 (1) section 169A.20, subdivision 1, driving while impaired; 118.7 (2) section 169A.20, subdivision 2, test refusal; 118.8 (3) section 169.791, failure to provide proof of insurance; 118.9(3)(4) section 169.797, failure to provide vehicle 118.10 insurance; 118.11(4)(5) section 171.09, violation of condition of 118.12 restricted license; 118.13 (6) section 171.20, subdivision 2, operation after 118.14 revocation, suspension, cancellation, or disqualification; 118.15(5)(7) section 171.24, driving without valid license; and 118.16(6)(8) section 171.30, violation of condition of limited 118.17 license. 118.18 (f) When a court is sentencing an offender for a violation 118.19 of section 169A.20 and a violation of an offense listed in 118.20 paragraph (e), and the offender has five or more qualified prior 118.21 impaired driving incidents, as defined in section 169A.03, 118.22 within the past ten years, the court shall sentence the offender 118.23 to serve consecutive sentences for the offenses, notwithstanding 118.24 the fact that the offenses arose out of the same course of 118.25 conduct. 118.26 Sec. 15. Minnesota Statutes 2000, section 626.52, is 118.27 amended to read: 118.28 626.52 [REPORTING OF SUSPICIOUS WOUNDS AND ALCOHOL-RELATED 118.29 OR CONTROLLED SUBSTANCE-RELATED ACCIDENTS BY HEALTH 118.30 PROFESSIONALS.] 118.31 Subdivision 1. [DEFINITION.] As used in this section, 118.32 "health professional" means a physician, surgeon, person 118.33 authorized to engage in the practice of healing, superintendent 118.34 or manager of a hospital, nurse, or pharmacist. 118.35 Subd. 2. [HEALTH PROFESSIONALS REQUIRED TO REPORT.] (a) A 118.36 health professional shall immediately report, as provided under 119.1 section 626.53, to the local police department or county sheriff 119.2 all bullet wounds, gunshot wounds, powder burns, or any other 119.3 injury arising from, or caused by the discharge of any gun, 119.4 pistol, or any other firearm, which wound the health 119.5 professional is called upon to treat, dress, or bandage. 119.6 (b) A health professional shall report to the proper police 119.7 authorities any wound that the reporter has reasonable cause to 119.8 believe has been inflicted on a perpetrator of a crime by a 119.9 dangerous weapon other than a firearm as defined under section 119.10 609.02, subdivision 6. 119.11 (c) When asked by a peace officer during the course of 119.12 treatment of a person, a health care professional must report to 119.13 the officer the following information about the person who is 119.14 being treated by the professional for an injury resulting from a 119.15 motor vehicle, off-road recreational vehicle, motorboat, or 119.16 airplane crash when there is any indication that the person has 119.17 consumed alcohol or a controlled substance: 119.18 (1) the person's name; 119.19 (2) any observed indicia of alcohol or controlled substance 119.20 consumption or impairment; 119.21 (3) any statements made by the person indicating any 119.22 consumption of alcohol or a controlled substance; and 119.23 (4) the results of any laboratory tests performed on the 119.24 person that indicate a blood alcohol level or the presence of a 119.25 controlled substance in the person's body. 119.26 This paragraph must not be construed to require the health care 119.27 professional to perform any additional laboratory or other 119.28 diagnostic tests that would otherwise not be performed during 119.29 the course of treatment, or to document any observations or 119.30 conditions that would not otherwise be documented for 119.31 examination and treatment purposes. 119.32 Subd. 3. [REPORTING BURNS.] A health professional shall 119.33 file a written report with the state fire marshal within 72 119.34 hours after being notified of a burn injury or wound that the 119.35 professional is called upon to treat, dress, or bandage, if the 119.36 victim has sustained second- or third-degree burns to five 120.1 percent or more of the body, the victim has sustained burns to 120.2 the upper respiratory tract or sustained laryngeal edema from 120.3 inhaling superheated air, or the victim has sustained a burn 120.4 injury or wound that may result in the victim's death. The 120.5 state fire marshal shall provide the form for the report. 120.6 Subd. 4. [IMMUNITY; CIVIL AND CRIMINAL.] Any person 120.7 reporting in good faith and exercising due care has immunity 120.8 from any liability, civil or criminal, that otherwise might 120.9 result by reason of the person's actions pursuant to this 120.10 section. No cause of action, civil or criminal, may be brought 120.11 against any person for not making a report pursuant to this 120.12 section. 120.13 Sec. 16. Minnesota Statutes 2000, section 626.55, 120.14 subdivision 1, is amended to read: 120.15 Subdivision 1. Any person who violates any provision of 120.16 sections 626.52 to 626.55, other than section 626.52, 120.17 subdivision 2, paragraph (c); or 3, is guilty of a gross 120.18 misdemeanor. 120.19 Sec. 17. [REPEALER.] 120.20 Minnesota Statutes 2000, section 626.55, subdivision 2, is 120.21 repealed. 120.22 Sec. 18. [EFFECTIVE DATE.] 120.23 Sections 3 to 12 and 14 to 17 are effective August 1, 2001, 120.24 and apply to crimes committed on or after that date. Section 13 120.25 is effective July 1, 2001.