HF 818

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:28pm

A bill for an act
relating to vulnerable adults; authorizing disclosure of financial records in
connection with financial exploitation investigations; modifying procedures
and duties for reporting and investigating maltreatment; specifying duties of
financial institutions in cases alleging financial exploitation; modifying the
crime of financial exploitation; imposing criminal and civil penalties; amending
Minnesota Statutes 2008, sections 13A.02, subdivision 1; 13A.04, subdivision
1; 256B.0595, subdivision 4b; 299A.61, subdivision 1; 388.23, subdivision 1;
609.2335; 609.52, subdivision 3; 611A.033; 626.557, subdivisions 4, 5, 9, 9b,
9e, by adding subdivisions; 626.5572, subdivisions 5, 21; 628.26.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 13A.02, subdivision 1, is amended to read:

Subdivision 1.

Access by government.

Except as authorized by this chapter,
no government authority may have access to, or obtain copies of, or the information
contained in, the financial records of any customer from a financial institution unless the
financial records are reasonably described and:

(1) the customer has authorized the disclosure;

(2) the financial records are disclosed in response to a search warrant;

(3) the financial records are disclosed in response to a judicial or administrative
subpoena; deleted text begin or
deleted text end

(4) the financial records are disclosed pursuant to section 609.535 or other statute
or rule new text begin ; or
new text end

new text begin (5) the financial records are disclosed to law enforcement, a lead agency as defined
in section 626.5572, subdivision 13, or prosecuting authority that certifies in writing that
it is investigating financial exploitation of a vulnerable adult under section 609.2335 or
626.557 new text end .

Sec. 2.

Minnesota Statutes 2008, section 13A.04, subdivision 1, is amended to read:

Subdivision 1.

Statutory violations new text begin ; financial exploitation new text end .

Nothing in this chapter
precludes any financial institution, or any officer, employee, or agent of a financial
institution, from notifying a government authority that the institution, or officer, employee,
or agent has information which may be relevant to a possible violation of any statute or
rule new text begin or the financial exploitation of a vulnerable adult new text end and providing access to financial
records relevant to the possible violation new text begin or financial exploitation new text end .

Sec. 3.

Minnesota Statutes 2008, section 256B.0595, subdivision 4b, is amended to
read:

Subd. 4b.

Other exceptions to transfer prohibition.

This subdivision applies to
transfers involving recipients of medical assistance that are made on or after July 1, 2003,
and to all transfers involving persons who apply for medical assistance on or after July
1, 2003, regardless of when the transfer occurred, except that this subdivision does not
apply to transfers made prior to July 1, 2003. A person or a person's spouse who made a
transfer prohibited by subdivision 1b is not ineligible for medical assistance services if
one of the following conditions applies:

(1) the assets or income were transferred to the individual's spouse or to another for
the sole benefit of the spouse, except that after eligibility is established and the assets have
been divided between the spouses as part of the asset allowance under section 256B.059,
no further transfers between spouses may be made;

(2) the institutionalized spouse, prior to being institutionalized, transferred assets
or income to a spouse, provided that the spouse to whom the assets or income were
transferred does not then transfer those assets or income to another person for less than fair
market value. At the time when one spouse is institutionalized, assets must be allocated
between the spouses as provided under section 256B.059;

(3) the assets or income were transferred to a trust for the sole benefit of the
individual's child who is blind or permanently and totally disabled as determined in the
supplemental security income program and the trust reverts to the state upon the disabled
child's death to the extent the medical assistance has paid for services for the grantor or
beneficiary of the trust. This clause applies to a trust established after the commissioner
publishes a notice in the State Register that the commissioner has been authorized to
implement this clause due to a change in federal law or the approval of a federal waiver;

(4) a satisfactory showing is made that the individual intended to dispose of the
assets or income either at fair market value or for other valuable consideration; or

(5) the local agency determines that denial of eligibility for medical assistance
services would cause undue hardship and grants a waiver of a penalty resulting from a
transfer for less than fair market value because there exists an imminent threat to the
individual's health and well-being. Whenever an applicant or recipient is denied eligibility
because of a transfer for less than fair market value, the local agency shall notify the
applicant or recipient that the applicant or recipient may request a waiver of the penalty if
the denial of eligibility will cause undue hardship. In evaluating a waiver, the local agency
shall take into account whether the individual was the victim of financial exploitation,
whether the individual has made reasonable efforts to recover the transferred property or
resource, and other factors relevant to a determination of hardship. new text begin The local agency shall
grant a hardship waiver to an individual if:
new text end

new text begin (i) the transferee has been convicted of a crime involving financial exploitation,
fraud, or theft as a result of the transfer; or
new text end

new text begin (ii) the individual demonstrates to the local agency that the individual was the victim
of financial exploitation, fraud, or theft by the transferee.
new text end

If the local agency does not approve a hardship waiver, the local agency shall issue a
written notice to the individual stating the reasons for the denial and the process for
appealing the local agency's decision. When a waiver is granted, a cause of action exists
against the person to whom the assets were transferred for that portion of medical
assistance services granted within 72 months of the date the transferor applied for
medical assistance and satisfied all other requirements for eligibility, or the amount of the
uncompensated transfer, whichever is less, together with the costs incurred due to the
action. The action shall be brought by the state unless the state delegates this responsibility
to the local agency responsible for providing medical assistance under this chapter.

Sec. 4.

Minnesota Statutes 2008, section 299A.61, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner of public safety, in cooperation
with the commissioner of administration, shall develop and maintain an integrated
criminal alert network to facilitate the communication of crime prevention information
by electronic means among state agencies, law enforcement officials, and the private
sector. The network shall disseminate data regarding the commission of crimes, including
information on missing and endangered children new text begin or vulnerable adults new text end , and attempt
to reduce theft and other crime by the use of electronic transmission of information.
In addition, the commissioner shall evaluate the feasibility of using the network to
disseminate data regarding the use of fraudulent checks and the coordination of security
and antiterrorism efforts with the Federal Bureau of Investigation. If the commissioner
determines that one or both of these uses are feasible, the commissioner shall ensure that
the network disseminates data in the area or areas determined to be feasible.

Sec. 5.

Minnesota Statutes 2008, section 388.23, subdivision 1, is amended to read:

Subdivision 1.

Authority.

The county attorney, or any deputy or assistant county
attorney whom the county attorney authorizes in writing, has the authority to subpoena
and require the production of any records of telephone companies, cellular phone
companies, paging companies, subscribers of private computer networks including
Internet service providers or computer bulletin board systems, electric companies, gas
companies, water utilities, chemical suppliers, hotels and motels, pawn shops, airlines,
buses, taxis, and other entities engaged in the business of transporting people, and freight
companies, warehousing companies, self-service storage facilities, package delivery
companies, and other entities engaged in the businesses of transport, storage, or delivery,
and records of the existence of safe deposit box account numbers and customer savings
and checking account numbers maintained by financial institutions and safe deposit
companies, insurance records relating to the monetary payment or settlement of claims,
new text begin the banking, credit card, and financial records of a vulnerable adult, whether held in the
name of the vulnerable adult or a third party, including but not limited to safe deposit, loan
and account applications and agreements, signature cards, statements, check, transfers,
account authorizations, safe deposit access records and documentation of fraud, new text end and
wage and employment records of an applicant or recipient of public assistance who is
the subject of a welfare fraud investigation relating to eligibility information for public
assistance programs. Subpoenas may only be issued for records that are relevant to an
ongoing legitimate law enforcement investigation. Administrative subpoenas may only
be issued in welfare fraud cases if there is probable cause to believe a crime has been
committed. This provision applies only to the records of business entities and does not
extend to private individuals or their dwellings.

Sec. 6.

Minnesota Statutes 2008, section 609.2335, is amended to read:

609.2335 FINANCIAL EXPLOITATION OF VULNERABLE ADULT.

Subdivision 1.

Crime.

Whoever does any of the following acts commits the crime
of financial exploitation:

(1) in breach of a fiduciary obligation recognized elsewhere in law, including
pertinent regulations, contractual obligations, documented consent by a competent person,
or the obligations of a responsible party under section 144.6501 intentionally new text begin :
new text end

new text begin (i) new text end fails to use the new text begin real or personal property or other new text end financial resources of the
vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct, or
supervision for the vulnerable adult; deleted text begin or deleted text end

new text begin (ii) uses, manages, or takes either temporarily or permanently the real or personal
property or other financial resources of the vulnerable adult, whether held in the name of
the vulnerable adult or a third party, for the benefit of someone other than the vulnerable
adult; or
new text end

new text begin (iii) deprives either temporarily or permanently a vulnerable adult of the vulnerable
adult's real or personal property or other financial resources, whether held in the name of
the vulnerable adult or a third party, for the benefit of someone other than the vulnerable
adult; or
new text end

(2) in the absence of legal authority:

(i) acquires possession or control of an interest in deleted text begin funds or deleted text end new text begin real or personal new text end property new text begin or
other financial resources new text end of a vulnerable adult new text begin , whether held in the name of the vulnerable
adult or a third party, new text end through the use of undue influence, harassment, or duress; deleted text begin or
deleted text end

(ii) forces, compels, coerces, or entices a vulnerable adult against the vulnerable
adult's will to perform services for the profit or advantage of another new text begin ; or
new text end

new text begin (iii) establishes a relationship with a fiduciary obligation to a vulnerable adult by use
of undue influence, harassment, duress, force, compulsion, coercion, or other enticement new text end .

Subd. 2.

Defenses.

new text begin (a) new text end Nothing in this section requires a facility or caregiver to
provide financial management or supervise financial management for a vulnerable adult
except as otherwise required by law.

new text begin (b) If the actor knew or had reason to know that the vulnerable adult lacked capacity
to consent, consent is not a defense to a violation of this section.
new text end

Subd. 3.

Criminal penalties.

A person who violates subdivision 1, clause (1) or (2),
item (i), may be sentenced as provided in section 609.52, subdivision 3. A person who
violates subdivision 1, clause (2), item (ii) new text begin or (iii) new text end , may be sentenced to imprisonment for
not more than one year or to payment of a fine of not more than $3,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2008, section 609.52, subdivision 3, is amended to read:

Subd. 3.

Sentence.

Whoever commits theft may be sentenced as follows:

(1) to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both, if the property is a firearm, or the value of the property or services
stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause
(3), (4), (15), or (16) new text begin , or section 609.2335, subdivision 1, clause (1) or (2), item (i) new text end ; or

(2) to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the value of the property or services stolen exceeds $5,000, or if
the property stolen was an article representing a trade secret, an explosive or incendiary
device, or a controlled substance listed in schedule I or II pursuant to section 152.02
with the exception of marijuana; or

(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if any of the following circumstances exist:

(a) the value of the property or services stolen is more than $1,000 but not more
than $5,000; or

(b) the property stolen was a controlled substance listed in schedule III, IV, or V
pursuant to section 152.02; or

(c) the value of the property or services stolen is more than $500 but not more
than $1,000 and the person has been convicted within the preceding five years for an
offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another
state, the United States, or a foreign jurisdiction, in conformity with any of those sections,
and the person received a felony or gross misdemeanor sentence for the offense, or a
sentence that was stayed under section 609.135 if the offense to which a plea was entered
would allow imposition of a felony or gross misdemeanor sentence; or

(d) the value of the property or services stolen is not more than $1,000, and any of
the following circumstances exist:

(i) the property is taken from the person of another or from a corpse, or grave or
coffin containing a corpse; or

(ii) the property is a record of a court or officer, or a writing, instrument or record
kept, filed or deposited according to law with or in the keeping of any public officer or
office; or

(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or

(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or

(v) the property stolen is a motor vehicle; or

(4) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the value of the property or services stolen is more than $500 but
not more than $1,000; or

(5) in all other cases where the value of the property or services stolen is $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
(4), and (13), the value of the money or property or services received by the defendant in
violation of any one or more of the above provisions within any six-month period may
be aggregated and the defendant charged accordingly in applying the provisions of this
subdivision; provided that when two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2008, section 611A.033, is amended to read:

611A.033 SPEEDY TRIAL; NOTICE OF SCHEDULE CHANGE.

(a) A victim has the right to request that the prosecutor make a demand under rule
11.10 of the Rules of Criminal Procedure that the trial be commenced within 60 days of the
demand. The prosecutor shall make reasonable efforts to comply with the victim's request.

(b) A prosecutor shall make reasonable efforts to provide advance notice of any
change in the schedule of the court proceedings to a victim who has been subpoenaed or
requested to testify.

new text begin (c) In a criminal proceeding in which a vulnerable adult, as defined in section
609.232, subdivision 11, is a victim, the state may move the court for a speedy trial. The
court, after consideration of the age and health of the victim, may grant a speedy trial.
The motion may be filed and served with the complaint or any time after the complaint
is filed and served.
new text end

Sec. 9.

Minnesota Statutes 2008, section 626.557, subdivision 4, is amended to read:

Subd. 4.

Reporting.

new text begin (a) Except as provided in paragraph (b), new text end a mandated
reporter shall immediately make an oral report to the common entry point. Use of a
telecommunications device for the deaf or other similar device shall be considered an oral
report. The common entry point may not require written reports. To the extent possible,
the report must be of sufficient content to identify the vulnerable adult, the caregiver, the
nature and extent of the suspected maltreatment, any evidence of previous maltreatment,
the name and address of the reporter, the time, date, and location of the incident, and any
other information that the reporter believes might be helpful in investigating the suspected
maltreatment. A mandated reporter may disclose not public data, as defined in section
13.02, and medical records under sections 144.291 to 144.298, to the extent necessary
to comply with this subdivision.

new text begin (b) A boarding care home that is licensed under sections 144.50 to 144.58 and
certified under Title 19 of the Social Security Act, a nursing home that is licensed under
section 144A.02 and certified under Title 18 or Title 19 of the Social Security Act, or a
hospital that is licensed under sections 144.50 to 144.58 and has swing beds certified under
Code of Federal Regulations, title 42, section 482.66, may submit a report electronically
to the common entry point instead of submitting an oral report. The report may be a
duplicate of the initial report the facility submits electronically to the commissioner of
health to comply with the reporting requirements under Code of Federal Regulations, title
42, section 483.13. The commissioner of health may modify these reporting requirements
to include items required under paragraph (a) that are not currently included in the
electronic reporting form.
new text end

Sec. 10.

Minnesota Statutes 2008, section 626.557, subdivision 5, is amended to read:

Subd. 5.

Immunity; protection for reporters.

(a) A person who makes a good
faith report is immune from any civil or criminal liability that might otherwise result from
making the report, or from participating in the investigation, or for failure to comply fully
with the reporting obligation under section 609.234 or 626.557, subdivision 7.

(b) A person employed by a lead agency or a state licensing agency who is
conducting or supervising an investigation or enforcing the law in compliance with this
section or any related rule or provision of law is immune from any civil or criminal
liability that might otherwise result from the person's actions, if the person is acting in
good faith and exercising due care.

(c) A person who knows or has reason to know a report has been made to a common
entry point and who in good faith participates in an investigation of alleged maltreatment
is immune from civil or criminal liability that otherwise might result from making the
report, or from failure to comply with the reporting obligation or from participating in the
investigation.

(d) The identity of any reporter may not be disclosed, except as provided in
subdivision 12b.

new text begin (e) For purposes of this subdivision, "person" includes a natural person or any form
of a business or legal entity.
new text end

Sec. 11.

Minnesota Statutes 2008, section 626.557, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Financial institution cooperation. new text end

new text begin Financial institutions shall cooperate
with a lead agency, law enforcement, or prosecuting authority that is investigating
maltreatment of a vulnerable adult and comply with reasonable requests for the production
of financial records as authorized under section 13A.02, subdivision 1. Financial
institutions are immune from any civil or criminal liability that might otherwise result
from complying with this subdivision.
new text end

Sec. 12.

Minnesota Statutes 2008, section 626.557, subdivision 9, is amended to read:

Subd. 9.

Common entry point designation.

(a) deleted text begin Each county board deleted text end new text begin The
commissioner of human services new text end shall deleted text begin designate deleted text end new text begin establish new text end a common entry point for
reports of suspected maltreatment. deleted text begin Two or more county boards may jointly designate a
single common entry point. deleted text end The common entry point is the unit responsible for receiving
the report of suspected maltreatment under this section.

(b) The common entry point must be available 24 hours per day to take calls from
reporters of suspected maltreatment. The common entry point shall use a standard intake
form that includes:

(1) the time and date of the report;

(2) the name, address, and telephone number of the person reporting;

(3) the time, date, and location of the incident;

(4) the names of the persons involved, including but not limited to, perpetrators,
alleged victims, and witnesses;

(5) whether there was a risk of imminent danger to the alleged victim;

(6) a description of the suspected maltreatment;

(7) the disability, if any, of the alleged victim;

(8) the relationship of the alleged perpetrator to the alleged victim;

(9) whether a facility was involved and, if so, which agency licenses the facility;

(10) any action taken by the common entry point;

(11) whether law enforcement has been notified;

(12) whether the reporter wishes to receive notification of the initial and final
reports; and

(13) if the report is from a facility with an internal reporting procedure, the name,
mailing address, and telephone number of the person who initiated the report internally.

(c) The common entry point is not required to complete each item on the form prior
to dispatching the report to the appropriate investigative agency.

(d) The common entry point shall immediately report to a law enforcement agency
any incident in which there is reason to believe a crime has been committed.

(e) If a report is initially made to a law enforcement agency or a lead agency, those
agencies shall take the report on the appropriate common entry point intake forms and
immediately forward a copy to the common entry point.

(f) The common entry point staff must receive training on how to screen and
dispatch reports efficiently and in accordance with this section.

(g) When a centralized database is available, the common entry point has access to
the centralized database and must log the reports in on the database.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 13.

Minnesota Statutes 2008, section 626.557, subdivision 9b, is amended to read:

Subd. 9b.

Response to reports.

Law enforcement is the primary agency to
conduct investigations of any incident in which there is reason to believe a crime has
been committed. Law enforcement shall initiate a response immediately. If the common
entry point notified a county agency for adult protective services, law enforcement
shall cooperate with that county agency when both agencies are involved and shall
exchange data to the extent authorized in subdivision 12b, paragraph (g). County adult
protection shall initiate a response immediately. Each lead agency shall complete the
investigative process for reports within its jurisdiction. deleted text begin Any other deleted text end new text begin A new text end lead agency, county,
adult protective agency, licensed facility, or law enforcement agency shall cooperate new text begin in
coordinating its investigation with other agencies new text end and may assist another agency upon
request within the limits of its resources and expertise and shall exchange data to the
extent authorized in subdivision 12b, paragraph (g). The lead agency shall obtain the
results of any investigation conducted by law enforcement officials. The lead agency has
the right to enter facilities and inspect and copy records as part of investigations. The lead
agency has access to not public data, as defined in section 13.02, and medical records
under sections 144.291 to 144.298, that are maintained by facilities to the extent necessary
to conduct its investigation. Each lead agency shall develop guidelines for prioritizing
reports for investigation.

Sec. 14.

Minnesota Statutes 2008, section 626.557, subdivision 9e, is amended to read:

Subd. 9e.

Education requirements.

(a) The commissioners of health, human
services, and public safety shall cooperate in the development of a joint program for
education of lead agency investigators in the appropriate techniques for investigation
of complaints of maltreatment. This program must be developed by July 1, 1996. The
program must include but need not be limited to the following areas: (1) information
collection and preservation; (2) analysis of facts; (3) levels of evidence; (4) conclusions
based on evidence; (5) interviewing skills, including specialized training to interview
people with unique needs; (6) report writing; (7) coordination and referral to other
necessary agencies such as law enforcement and judicial agencies; (8) human relations
and cultural diversity; (9) the dynamics of adult abuse and neglect within family systems
and the appropriate methods for interviewing relatives in the course of the assessment
or investigation; (10) the protective social services that are available to protect alleged
victims from further abuse, neglect, or financial exploitation; (11) the methods by
which lead agency investigators and law enforcement workers cooperate in conducting
assessments and investigations in order to avoid duplication of efforts; and (12) data
practices laws and procedures, including provisions for sharing data.

(b) The commissioners of health, human services, and public safety shall offer at
least annual education deleted text begin to others deleted text end on the requirements of this section, deleted text begin on deleted text end how this section
is implemented, and investigation techniques. new text begin The commissioners of health, human
services, and public safety shall consult with representatives of lead agencies, advocates
for vulnerable adults, and providers of care and services to vulnerable adults in developing
and coordinating educational curricula and the use of technology for education programs.
new text end

(c) The commissioner of human services, in coordination with the commissioner of
public safety shall provide training for the common entry point staff as required in this
subdivision and the program courses described in this subdivision, at least four times
per year. At a minimum, the training shall be held twice annually in the seven-county
metropolitan area and twice annually outside the seven-county metropolitan area. The
commissioners shall give priority in the program areas cited in paragraph (a) to persons
currently performing assessments and investigations pursuant to this section.

(d) The commissioner of public safety shall notify in writing law enforcement
personnel of any new requirements under this section. The commissioner of public
safety shall conduct regional training for law enforcement personnel regarding their
responsibility under this section.

(e) Each lead agency investigator must complete the education program specified by
this subdivision within the first 12 months of work as a lead agency investigator.

A lead agency investigator employed when these requirements take effect must
complete the program within the first year after training is available or as soon as training
is available.

All lead agency investigators having responsibility for investigation duties under
this section must receive a minimum of eight hours of continuing education or in-service
training each year specific to their duties under this section.

Sec. 15.

Minnesota Statutes 2008, section 626.557, is amended by adding a subdivision
to read:

new text begin Subd. 10b. new text end

new text begin Investigations; guidelines. new text end

new text begin Each lead agency shall develop guidelines
for prioritizing reports for investigation. When investigating a report, the lead agency shall
conduct the following activities, as appropriate:
new text end

new text begin (1) interview of the alleged victim;
new text end

new text begin (2) interview of the reporter and others who may have relevant information;
new text end

new text begin (3) interview of the alleged perpetrator;
new text end

new text begin (4) examination of the environment surrounding the alleged incident;
new text end

new text begin (5) review of pertinent documentation of the alleged incident; and
new text end

new text begin (6) consultation with professionals.
new text end

Sec. 16.

Minnesota Statutes , section 626.557, is amended by adding a subdivision to
read:

new text begin Subd. 20. new text end

new text begin Cause of action for financial exploitation; damages. new text end

new text begin (a) A vulnerable
adult who is a victim of financial exploitation has a cause of action against a person who
committed the financial exploitation. In an action under this subdivision, the vulnerable
adult is entitled to recover damages equal to three times the amount of compensatory
damages or $10,000, whichever is greater.
new text end

new text begin (b) In addition to damages under paragraph (a), the vulnerable adult is entitled to
recover reasonable attorney fees and costs, including reasonable fees for the services of a
guardian or conservator or guardian ad litem incurred in connection with a claim under
this subdivision.
new text end

new text begin (c) An action may be brought under this subdivision regardless of whether there has
been a report or final disposition under this section or a criminal complaint or conviction
related to the financial exploitation.
new text end

Sec. 17.

Minnesota Statutes 2008, section 626.5572, subdivision 5, is amended to read:

Subd. 5.

Common entry point.

"Common entry point" means the deleted text begin entity designated
by each county responsible for receiving reports deleted text end new text begin common entry point established to
receive reports of maltreatment new text end under section 626.557 new text begin , subdivision 9 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 18.

Minnesota Statutes 2008, section 626.5572, subdivision 21, is amended to
read:

Subd. 21.

Vulnerable adult.

new text begin (a) new text end "Vulnerable adult" means any person 18 years of
age or older who:

(1) is a resident or inpatient of a facility;

(2) receives services at or from a facility required to be licensed to serve adults
under sections 245A.01 to 245A.15, except that a person receiving outpatient services for
treatment of chemical dependency or mental illness, or one who is served in the Minnesota
sex offender program on a court-hold order for commitment, or is committed as a sexual
psychopathic personality or as a sexually dangerous person under chapter 253B, is not
considered a vulnerable adult unless the person meets the requirements of clause (4);

(3) receives services from a home care provider required to be licensed under section
144A.46; or from a person or organization that exclusively offers, provides, or arranges
for personal care assistant services under the medical assistance program as authorized
under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, 256B.0651, and
256B.0653 to 256B.0656; or

(4) regardless of residence or whether any type of service is received, possesses a
physical or mental infirmity or other physical, mental, or emotional dysfunction:

(i) that impairs the individual's ability to provide adequately for the individual's
own care without assistance, including the provision of food, shelter, clothing, health
care, or supervision; and

(ii) because of the dysfunction or infirmity and the need for deleted text begin assistance deleted text end new text begin care or
services new text end , the individual has an impaired ability to protect the deleted text begin individual deleted text end new text begin individual's self
new text end from maltreatment.

new text begin (b) For purposes of this subdivision, "care or services" means care or services for the
health, safety, welfare, or maintenance of an individual.
new text end

Sec. 19.

Minnesota Statutes 2008, section 628.26, is amended to read:

628.26 LIMITATIONS.

(a) Indictments or complaints for any crime resulting in the death of the victim may
be found or made at any time after the death of the person killed.

(b) Indictments or complaints for a violation of section 609.25 may be found or
made at any time after the commission of the offense.

(c) Indictments or complaints for violation of section 609.282 may be found or made
at any time after the commission of the offense if the victim was under the age of 18 at
the time of the offense.

(d) Indictments or complaints for violation of section 609.282 where the victim
was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause
(1) or (2), shall be found or made and filed in the proper court within six years after
the commission of the offense.

(e) Indictments or complaints for violation of sections 609.342 to 609.345 if the
victim was under the age of 18 years at the time the offense was committed, shall be found
or made and filed in the proper court within nine years after the commission of the offense
or, if the victim failed to report the offense within this limitation period, within three years
after the offense was reported to law enforcement authorities.

(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
violation of sections 609.342 to 609.344 may be found or made and filed in the proper
court at any time after commission of the offense, if physical evidence is collected and
preserved that is capable of being tested for its DNA characteristics. If this evidence is not
collected and preserved and the victim was 18 years old or older at the time of the offense,
the prosecution must be commenced within nine years after the commission of the offense.

(g) Indictments or complaints for violation of sections 609.466 and 609.52,
subdivision 2, clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.

(h) Indictments or complaints for violation of section new text begin 609.2335, new text end 609.52, subdivision
2, clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of
the property or services stolen is more than $35,000, shall be found or made and filed in
the proper court within five years after the commission of the offense.

(i) Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.

(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall
be found or made and filed in the proper court within five years after the commission
of the offense.

(k) In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.

(l) The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.

(m) The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.

(n) The limitations periods contained in this section shall not include any period
of time during which physical evidence relating to the offense was undergoing DNA
analysis, as defined in section 299C.155, unless the defendant demonstrates that the
prosecuting or law enforcement agency purposefully delayed the DNA analysis process in
order to gain an unfair advantage.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end