STATE OF
EIGHTY-FOURTH SESSION - 2006
_____________________
EIGHTY-NINTH DAY
The House of Representatives convened at
9:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Lonnie
E. Titus, House Chaplain.
The members of the House gave the pledge
of allegiance to the flag of the
The roll was called and the following
members were present:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
The Chief Clerk proceeded to read the
Journal of the preceding day. Sertich
moved that further reading of the Journal be suspended and that the Journal be
approved as corrected by the Chief Clerk.
The motion prevailed.
REPORTS
OF STANDING COMMITTEES
Knoblach from the Committee
on Ways and Means to which was referred:
H. F.
No. 2564, A bill for an act relating to human services; excluding aid and
attendance benefits from the MinnesotaCare definition of income; amending
Minnesota Statutes 2005 Supplement, section 256L.01, subdivision 5.
Reported the same back with
the recommendation that the bill pass.
The report was adopted.
Smith from the Committee on
Public Safety Policy and Finance to which was referred:
H. F. No. 2953, A bill for
an act relating to public safety; appropriating money to allow courts to better
address alcohol and other drug addicted offenders.
Reported the same back with
the following amendments:
Delete everything after the
enacting clause and insert:
"ARTICLE 1
PUBLIC SAFETY SUPPLEMENTAL
APPROPRIATIONS
Section 1. SUPPLEMENTAL
APPROPRIATIONS.
The appropriations in this
act are added to or, if shown in parentheses, subtracted from the
appropriations enacted into law by the legislature in 2005, or other specified
law, to the named agencies and for the specified programs or activities. The sums shown are appropriated from the
general fund, or another named fund, to be available for the fiscal years
indicated: 2006 is the fiscal year ending June 30, 2006; 2007 is the fiscal
year ending June 30, 2007; and the biennium is fiscal years 2006 and 2007. Supplementary appropriations and reductions
to appropriations for the fiscal year ending June 30, 2006, are effective the
day following final enactment.
Sec.
2. SUPREME COURT |
|
-0- |
|
125,000 |
In fiscal
year 2007, $125,000 is appropriated from the general fund to the Supreme Court
for the first phase of a judicial initiative to more effectively address the
increasing numbers of alcohol and other drug (AOD) offenders coming into
Minnesota courts, including the increase in methamphetamine offenders. This is a onetime appropriation and is
available until June 30, 2007.
Sec.
3. BOARD OF JUDICIAL STANDARDS |
|
172,000 |
|
-0- |
In fiscal year
2006, $172,000 is appropriated to the Board on Judicial Standards from the
general fund for costs of special hearings and an investigation regarding
complaints of judicial misconduct. This
is a onetime appropriation and is available until June 30, 2007.
Sec. 4. PUBLIC
SAFETY |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
284,000 |
|
1,100,000 |
These appropriations are added to appropriations in Laws
2005, chapter 136, article 1, section 9.
The amounts that may be spent from this appropriation for each program
are specified in subdivisions 2 and 3.
Subd.
2. Emergency Management |
|
284,000 |
|
52,000 |
The fiscal year 2006 appropriation is to provide matching
funds for FEMA funds received for natural disaster assistance payments. This appropriation is available on the day
after enactment and is available until June 30, 2007. This is a onetime appropriation.
$52,000 is for grants to municipalities whose bomb squads
provide out-of-area assistance to other jurisdictions under Minnesota Statutes,
section 299C.063. Of this amount,
$45,000, in equal amounts of $15,000 per city, is for grants to the cities of
Minneapolis, St. Paul, and Bloomington, and $7,500 is for a grant to the city
of Brainerd and Crow Wing County.
Subd.
3. Criminal Apprehension |
|
-0- |
|
1,100,000 |
$1,000,000 is to create the Special Crimes Unit. The commissioner shall develop, and use the
unit to implement, an illegal immigration enforcement strategy for state and
local law enforcement agencies. The unit
shall focus its time and resources on felony-level crimes involving the illegal
immigrant community and felony-level crimes that target the immigrant
community. The base for this activity
shall be $1,187,000 in fiscal year 2008 and fiscal year 2009. The commissioner shall consider assigning
members of the unit to (1) serve as a training officer and liaison to local law
enforcement; (2) serve on federal immigration and terrorism task forces; (3)
investigate crimes involving false identification, fraud, and human
trafficking; and (4) work in field offices located in or near communities with
large immigrant populations.
$100,000 is for the enhancement of the predatory offender
database to facilitate public notification of noncompliant sex offenders via
the Internet. The base for this activity
shall be $116,000 in fiscal year 2008 and fiscal year 2009.
Subd. 4. Human
trafficking task force |
|
-0- |
|
75,000 |
$75,000 is to implement new Minnesota Statutes, sections
299A.78 to 299A.7955, relating to the human trafficking task force and
plan. This is a onetime appropriation.
Subd. 5.
Office of justice programs
|
|
-0- |
|
80,000 |
(a) $80,000 is for a grant to Ramsey County for
implementation of the safe harbor for sexually exploited youth pilot
project. The project shall develop a victim
services model to address the needs of sexually exploited youth. The project must focus on intervention and
prevention methods; training for law enforcement, educators, social services
providers, health care workers, advocates, court officials, prosecutors, and
public defenders; and programs promoting positive outcomes for victims. The project must include development and
implementation of a statewide model protocol for intervention and response
methods for professionals, individuals, and agencies that may encounter
sexually exploited youth. "Sexually exploited youth" include juvenile
runaways, truants, and victims of criminal sexual conduct, prostitution, labor
trafficking, sex trafficking, domestic abuse, and assault. This is a onetime appropriation.
(b) By January 15, 2008, Ramsey County shall report to the
chairs and ranking minority members of the senate and house divisions having
jurisdiction over criminal justice funding and policy on the results of the
pilot project.
Subd.
6. Office of justice programs |
|
-0- |
|
82,000 |
$40,000 is to be distributed to Victim Intervention Program,
Inc. The appropriation is available for
the biennium ending June 30, 2007.
$42,000 is for the Bureau of Criminal Apprehension to conduct
background checks requested by organizations that provide mentoring
services. An organization may request a
criminal background check on persons volunteering to become a mentor under the
organization's supervision. "Mentoring" means a commitment between an
adult and youth focused on developing the character and capabilities of the
young person and involving regular, personal, or face-to-face meetings. This is a onetime appropriation and is
available until June 30, 2007.
Sec. 5.
CORRECTIONS |
|
|
|
|
Subdivision 1. Total
Appropriations |
|
5,000 |
|
4,356,000 |
These amounts are added to the appropriations in Laws 2005,
chapter 136, article 1, section 13.
Subd.
2. Correctional Institutions |
|
(366,000) |
|
3,364,000 |
$42,000 in fiscal year 2007 is for the bed impact of article
5.
Subd. 3.
Community Services |
|
371,000 |
|
1,192,000 |
$300,000 in fiscal year 2007 is for a grant to an
organization for implementation of a pilot project that focuses on offender
reentry programs. The pilot project must
develop a comprehensive statewide model for transitioning offenders from
incarceration to the community to reduce recidivism rates. The organization must be licensed by the
Department of Human Services to provide chemical dependency treatment and aftercare. The grant recipient shall report to the
commissioner by June 30, 2007, on the development of the statewide model. The commissioner shall submit a report to the
chairs and ranking minority members of the house of representatives and senate
committees having jurisdiction over public safety by November 1, 2007. The commissioner's report must explain how
the grant proceeds were used and evaluate the effectiveness of the pilot
project funded by the grant.
$21,000 is appropriated from the general fund to the
commissioner of corrections for a validation and reliability study of the use
of the Static-99, Rapid Risk Assessment for Sexual Offense Recidivism and the
Minnesota Sex Offender Screening Tool-Revised in predicting the risk of
reoffense among Minnesota offenders sentenced to probation. This appropriation is available for the
biennium ending June 30, 2007.
The base for community services is increased by $196,000
beginning in fiscal year 2008 for the addition to the Community Corrections Act
of Scott County. The funding shall be
distributed according to the community corrections aid formula contained in
Minnesota Statutes, section 401.10.
Sec. 6.
SECRETARY OF STATE. |
|
-0- |
|
50,000 |
This appropriation is to develop and implement an address
confidentiality program.
Sec. 7.
Laws 2005, chapter 136, article 1, section 10, is amended to read:
PEACE
OFFICER STANDARDS AND TRAINING BOARD (POST) |
4,154,000 |
|
EXCESS
AMOUNTS TRANSFERRED. This
appropriation is from the peace officer training account in the special revenue
fund. Any new receipts credited to that
account in the first year in excess of $4,154,000 must be transferred and
credited to the general fund. Any new receipts credited to that account in the
second year in excess of $4,014,000 $4,114,000 must be transferred
and credited to the general fund.
TECHNOLOGY
IMPROVEMENTS.
PEACE
OFFICER TRAINING REIMBURSEMENT. $2,909,000
each year $2,909,000 the first year and $3,009,000 the second year is for reimbursements
to local governments for peace officer training costs.
Sec. 8.
Laws 2005, chapter 136, article 1, section 13, subdivision 3, is amended
to read:
Subd. 3.
Community Services |
|
103,556,000 |
|
103,369,000 |
Summary by Fund |
General
Fund |
103,456,000 |
103,269,000 |
Special
Revenue |
100,000 |
100,000 |
SHORT-TERM
OFFENDERS. $1,207,000 each year is for costs associated with the housing
and care of short-term offenders. The
commissioner may use up to 20 percent of the total amount of the appropriation
for inpatient medical care for short-term offenders with less than six months
to serve as affected by the changes made to Minnesota Statutes, section
609.105, in 2003. All funds remaining at
the end of the fiscal year not expended for inpatient medical care shall be
added to and distributed with the housing funds. These funds shall be distributed
proportionately based on the total number of days short-term offenders are
placed locally, not to exceed $70 per day.
Short-term offenders may be housed in a state correctional facility at
the discretion of the commissioner.
The Department of Corrections is exempt from the state
contracting process for the purposes of Minnesota Statutes, section 609.105, as
amended by Laws 2003, First Special Session chapter 2, article 5, sections 7 to
9.
GPS
MONITORING OF SEX OFFENDERS. $500,000
the first year and $162,000 the second year are for the acquisition and service
of bracelets equipped with tracking devices designed to track and monitor the
movement and location of criminal offenders.
The commissioner shall use the bracelets to monitor high-risk sex
offenders who are on supervised release, conditional release, parole, or
probation to help ensure that the offenders do not violate conditions of their
release or probation.
END OF
CONFINEMENT REVIEWS. $94,000
each year is for end of confinement reviews.
COMMUNITY
SURVEILLANCE AND SUPERVISION. $1,370,000 each year is to provide
housing options to maximize community surveillance and supervision.
INCREASE
IN INTENSIVE SUPERVISED RELEASE SERVICES.
SEX
OFFENDER ASSESSMENT REIMBURSEMENTS. $350,000 each year is to provide
grants to reimburse counties for reimbursements, their
designees, or courts for sex offender assessments as required under
Minnesota Statutes, section 609.3452, subdivision 1, which is being renumbered
as section 609.3457.
SEX
OFFENDER TREATMENT AND POLYGRAPHS. $1,250,000 each year is to provide
treatment for sex offenders on community supervision and to pay for polygraph
testing.
INCREASED
SUPERVISION OF SEX OFFENDERS, DOMESTIC VIOLENCE OFFENDERS, AND OTHER VIOLENT
OFFENDERS. $1,500,000
each year is for the increased supervision of sex offenders and other violent
offenders, including those convicted of domestic abuse. These appropriations may not be used to
supplant existing state or county probation officer positions.
The commissioner shall distribute $1,050,000 in grants each
year to Community Corrections Act counties and $450,000 each year to the
Department of Corrections Probation and Supervised Release Unit. The commissioner shall distribute the funds
to the Community Corrections Act counties according to the formula contained in
Minnesota Statutes, section 401.10.
Prior to the distribution of these funds, each Community
Corrections Act jurisdiction and the Department of Corrections Probation and
Supervised Release Unit shall submit to the commissioner an analysis of need
along with a plan to meet their needs and reduce the number of sex offenders
and other violent offenders, including domestic abuse offenders, on probation
officer caseloads.
COUNTY
PROBATION OFFICERS. $500,000
each year is to increase county probation officer reimbursements.
INTENSIVE
SUPERVISION AND AFTERCARE FOR CONTROLLED SUBSTANCES OFFENDERS; REPORT. $600,000
each year is for intensive supervision and aftercare services for controlled
substances offenders released from prison under Minnesota Statutes, section
244.055. These appropriations are not
added to the department's base budget.
By January 15, 2008, the commissioner shall report to the chairs and
ranking minority members of the senate and house of representatives committees
and divisions having jurisdiction over criminal justice policy and funding on
how this appropriation was spent.
REPORT
ON ELECTRONIC MONITORING OF SEX OFFENDERS.
(1) the advantages and disadvantages in implementing this
system, including the impact on public safety;
(2) the types of sex offenders who should be subject to the
monitoring;
(3) the time period that offenders should be subject to the
monitoring;
(4) the financial costs associated with the monitoring and
who should be responsible for these costs; and
(5) the technology available for the monitoring.
ARTICLE 2
GENERAL CRIMINAL AND SENTENCING PROVISIONS
Section 1. Minnesota
Statutes 2005 Supplement, section 244.10, subdivision 5, is amended to read:
Subd. 5. Procedures in cases where state intends to
seek an aggravated departure. (a)
When the prosecutor provides reasonable notice under subdivision 4, the
district court shall allow the state to prove beyond a reasonable doubt to a
jury of 12 members the factors in support of the state's request for an
aggravated departure from the Sentencing Guidelines or the state's request
for an aggravated sentence under any sentencing enhancement statute or the
state's request for a mandatory minimum under section 609.11 as provided in
paragraph (b) or (c).
(b) The district court shall allow a unitary trial and final
argument to a jury regarding both evidence in support of the elements of the
offense and evidence in support of aggravating factors when the evidence in
support of the aggravating factors:
(1) would be admissible as part of the trial on the elements
of the offense; or
(2) would not result in unfair prejudice to the defendant.
The existence of each aggravating factor shall be determined
by use of a special verdict form.
Upon the request of the prosecutor, the court shall allow
bifurcated argument and jury deliberations.
(c) The district court shall bifurcate the proceedings, or
impanel a resentencing jury, to allow for the production of evidence, argument,
and deliberations on the existence of factors in support of an aggravated
departure after the return of a guilty verdict when the evidence in support of
an aggravated departure:
(1)
includes evidence that is otherwise inadmissible at a trial on the elements of
the offense; and
(2) would result in unfair prejudice to the defendant.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to sentencing hearings
and sentencing departures sought on or after that date.
Sec. 2. Minnesota
Statutes 2005 Supplement, section 244.10, subdivision 6, is amended to read:
Subd. 6. Defendants to present evidence and
argument. In either a unitary or
bifurcated trial under subdivision 5, a defendant shall be allowed to present
evidence and argument to the jury or factfinder regarding whether facts exist
that would justify an aggravated durational departure or an
aggravated sentence under any sentencing enhancement statute or a mandatory
minimum sentence under section 609.11.
A defendant is not allowed to present evidence or argument to the jury
or factfinder regarding facts in support of a mitigated departure during the
trial, but may present evidence and argument in support of a mitigated
departure to the judge as factfinder during a sentencing hearing.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to sentencing hearings
and sentencing departures sought on or after that date.
Sec. 3. Minnesota
Statutes 2005 Supplement, section 244.10, subdivision 7, is amended to read:
Subd. 7. Waiver of jury determination. The defendant may waive the right to a jury
determination of whether facts exist that would justify an aggravated
sentence. Upon receipt of a waiver of a
jury trial on this issue, the district court shall determine beyond a
reasonable doubt whether the factors in support of the state's motion for
aggravated departure or an aggravated sentence under any sentencing
enhancement statute or a mandatory minimum sentence under section 609.11 exist.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to sentencing hearings
and sentencing departures sought on or after that date.
Sec. 4. [340A.706] ALCOHOL WITHOUT LIQUID
DEVICES PROHIBITED.
Subdivision 1.
Definition. For purposes of this section, an
"alcohol without liquid device" is a device, machine, apparatus, or
appliance that mixes an alcoholic beverage with pure or diluted oxygen to
produce an alcohol vapor that may be inhaled by an individual. An "alcohol without liquid device"
does not include an inhaler, nebulizer, atomizer, or other device that is
designed and intended specifically for medical purposes to dispense prescribed
or over-the-counter medications.
Subd. 2. Prohibition. Except as provided in subdivision 3, it is
unlawful for any person or business establishment to possess, purchase, sell,
offer to sell, or use an alcohol without liquid device.
Subd. 3. Research exemption. This section does not apply to a hospital
that operates primarily for the purpose of conducting scientific research, a
state institution conducting bona fide research, a private college or
university conducting bona fide research, or to a pharmaceutical company or
biotechnology company conducting bona fide research.
Subd. 4. Penalty. Except as provided in subdivision 3, it is
unlawful for any person or business establishment to utilize a nebulizer,
inhaler, or atomizer or other device as described in subdivision 1, for the purposes
of inhaling alcoholic beverages.
EFFECTIVE
DATE. This section is
effective August 1, 2006 and applies to violations committed on or after that
date.
Sec.
5. Minnesota Statutes 2004, section
346.155, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply
to this section.
(b) "Person" means any natural person, firm,
partnership, corporation, or association, however organized.
(c) "Wildlife sanctuary" means a 501(c)(3)
nonprofit organization that:
(1) operates a place of refuge where abused, neglected,
unwanted, impounded, abandoned, orphaned, or displaced wildlife are provided
care for their lifetime;
(2) does not conduct any commercial activity with respect to
any animal of which the organization is an owner; and
(3) does not buy, sell, trade, auction, lease, loan, or breed
any animal of which the organization is an owner, except as an integral part of
the species survival plan of the American Zoo and Aquarium Association.
(d) "Possess" means to own, care for, have custody
of, or control.
(e) "Regulated animal" means:
(1) all members of the Felidae family including, but not
limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals,
but not including domestic cats or cats recognized as a domestic breed,
registered as a domestic breed, and shown as a domestic breed by a national or
international multibreed cat registry association;
(2) bears; and
(3) all nonhuman primates, including, but not limited to,
lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises, and
tamarins.
Regulated animal includes any hybrid or cross between an
animal listed in clause (1), (2), or (3) and a domestic animal and offspring
from all subsequent generations of those crosses or hybrids.
(f) "Local animal control authority" means an
agency of the state, county, municipality, or other governmental subdivision of
the state that is responsible for animal control operations in its
jurisdiction.
(g) "Bodily harm," "substantial bodily
harm," and "great bodily harm" have the meanings given them in
section 609.02.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 6. Minnesota
Statutes 2004, section 346.155, subdivision 4, is amended to read:
Subd. 4. Requirements. (a) A person who possesses a regulated animal
must maintain health and ownership records on each animal and must maintain the
records for the life of the animal. If
possession of the regulated animal is transferred to another person, a copy of
the health and ownership records must accompany the animal.
(b) A person who possesses a regulated animal must maintain
an ongoing program of veterinary care which includes a veterinary visit to the
premises at least annually.
(c)
A person who possesses a regulated animal must notify the local animal control
authority in writing within ten days of a change in address or location where
the regulated animal is kept. The
notification of change in address or location form must be prepared by the
Minnesota Animal Control Association and approved by the Board of Animal
Health.
(d) A person with a United States Department of Agriculture
license for regulated animals shall forward a copy of the United States
Department of Agriculture inspection report to the local animal control
authority within 30 days of receipt of the inspection report.
(e) A person who possesses a regulated animal shall
prominently display a sign on the structure where the animal is housed indicating
that a dangerous regulated animal is on the premises.
(f) A person who possesses a regulated animal must notify, as
soon as practicable, local law enforcement officials of any escape of a
regulated animal. The person who
possesses the regulated animal is liable for any costs incurred by any person,
city, county, or state agency resulting from the escape of a regulated animal
unless the escape is due to a criminal act by another person or a natural
event.
(g) A person who possesses a regulated animal must maintain a
written recovery plan in the event of the escape of a regulated animal. The person must maintain live traps, or other
equipment necessary to assist in the recovery of the regulated animal.
(h) If requested by the local animal control authority,
A person may not move a regulated animal from its location unless the person
notifies the local animal control authority prior to moving the animal. The notification must include the date and
the location where the animal is to be moved. This paragraph does not apply to a regulated
animal transported to a licensed veterinarian.
(i) If a person who possesses a regulated animal can no
longer care for the animal, the person shall take steps to find long-term
placement for the regulated animal.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 7. Minnesota
Statutes 2004, section 346.155, subdivision 5, is amended to read:
Subd. 5. Seizure. (a) The local animal control authority, upon
issuance of a notice of inspection, must be granted access at reasonable times
to sites where the local animal control authority has reason to believe a
violation of this chapter is occurring or has occurred.
(b) If a person who possesses a regulated animal is not in
compliance with the requirements of this section, the local animal control
authority shall take possession of the animal for custody and care, provided
that the procedures in this subdivision are followed.
(c) Upon request of a person possessing a regulated animal,
the local animal control authority may allow the animal to remain in the
physical custody of the owner for 30 days, during which time the owner shall
take all necessary actions to come in compliance with this section. During the 30-day period, the local animal
control authority may inspect, at any reasonable time, the premises where the
animal is kept.
(d) If a person who possesses a regulated animal is not in
compliance with this section following the 30-day period described in paragraph
(c), the local animal control authority shall seize the animal and place it in
a holding facility that is appropriate for the species for up to ten days.
(e)
(1) a description of the animal seized; the authority for and
purpose of the seizure; the time, place, and circumstances under which the
animal was seized; and a contact person and telephone number;
(2) a statement that a person from whom a regulated animal
was seized may post security to prevent disposition of the animal and may
request a hearing concerning the seizure and that failure to do so within five
business days of the date of the notice will result in disposition of the
animal;
(3) a statement that actual costs of the care, keeping, and
disposal of the regulated animal are the responsibility of the person from whom
the animal was seized, except to the extent that a court or hearing officer
finds that the seizure or impoundment was not substantially justified by law;
and
(4) a form that can be used by a person from whom a regulated
animal was seized for requesting a hearing under this subdivision.
(e) (f) If a person from whom the regulated animal
was seized makes a request within five business days of the seizure, a hearing
must be held within five business days of the request to determine the validity
of the seizure and disposition of the animal.
The judge or hearing officer may authorize the return of the animal to
the person from whom the animal was seized if the judge or hearing officer
finds:
(1) that the person can and will provide the care required by
law for the regulated animal; and
(2) the regulated animal is physically fit.
(f) (g) If a judge or hearing officer orders a
permanent disposition of the regulated animal, the local animal control
authority may take steps to find long-term placement for the animal with a
wildlife sanctuary, persons authorized by the Department of Natural Resources,
or an appropriate United States Department of Agriculture licensed facility.
(g) (h) A person from whom a regulated animal is
seized is liable for all actual costs of care, keeping, and disposal of the
animal, except to the extent that a court or hearing officer finds that the
seizure was not substantially justified by law.
The costs must be paid in full or a mutually satisfactory arrangement
for payment must be made between the local animal control authority and the
person claiming an interest in the animal before return of the animal to the
person.
(h) (i) A person from whom a regulated animal has
been seized under this subdivision may prevent disposition of the animal by
posting security in the amount sufficient to provide for the actual costs of
care and keeping of the animal. The
security must be posted within five business days of the seizure, inclusive of
the day of the seizure.
(i) (j) If circumstances exist threatening the
life of a person or the life of any animal, local law enforcement or the local
animal control authority shall may seize a regulated animal
without an opportunity for hearing or court order, or destroy the animal.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec.
8. Minnesota Statutes 2004, section
346.155, is amended by adding a subdivision to read:
Subd. 9a. Confinement and control. A person violates this subdivision who
possesses a regulated animal and negligently fails to control the animal or
keep it properly confined and as a result the animal causes bodily harm,
substantial bodily harm, or great bodily harm to another person.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 9. Minnesota
Statutes 2004, section 346.155, subdivision 10, is amended to read:
Subd. 10. Penalty. (a) A person who knowingly violates
subdivision 2, 3, paragraph (b) or (c), or 4 is guilty of a misdemeanor.
(b) A person who knowingly violates subdivision 3, paragraph
(a), is guilty of a gross misdemeanor.
(c) A person who violates subdivision 9a resulting in bodily
harm is guilty of a misdemeanor and may be sentenced to imprisonment for not
more than 90 days or to payment of a fine of not more than $1,000, or both.
(d) A person who violates subdivision 9a resulting in
substantial bodily harm is guilty of a gross misdemeanor and may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both.
(e) A person who violates subdivision 9a resulting in great
bodily harm or death is guilty of a felony and may be sentenced to imprisonment
for not more than two years or to payment of a fine of not more than $5,000, or
both, unless a greater penalty is provided elsewhere.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 10. Minnesota
Statutes 2005 Supplement, section 518B.01, subdivision 22, is amended to read:
Subd. 22. Domestic abuse no contact order. (a) A domestic abuse no contact order is an
order issued by a court against a defendant in a criminal proceeding for:
(1) domestic abuse;
(2) harassment or stalking charged under section 609.749 and
committed against a family or household member;
(3) violation of an order for protection charged under
subdivision 14; or
(4) violation of a prior domestic abuse no contact order
charged under this subdivision.
It includes
pretrial orders before final disposition of the case and probationary orders
after sentencing.
(b) A person who knows of the existence of a domestic abuse
no contact order issued against the person and violates the order is guilty of
a misdemeanor.
(c) A person is guilty of a gross misdemeanor who
knowingly violates this subdivision during the time period between a previous
qualified domestic violence-related offense conviction and the end of the five
years following discharge from sentence for that offense.
(d)
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 11. Minnesota
Statutes 2005 Supplement, section 609.02, subdivision 16, is amended to read:
Subd. 16. Qualified domestic violence-related
offense. "Qualified domestic
violence-related offense" includes the following offenses: sections
518B.01, subdivision 14 (violation of domestic abuse order for protection); 518B.01,
subdivision 22 (violation of domestic abuse no contact order); 609.221
(first-degree assault); 609.222 (second-degree assault); 609.223 (third-degree
assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault);
609.2242 (domestic assault); 609.2247 (domestic assault by strangulation);
609.342 (first-degree criminal sexual conduct); 609.343 (second-degree criminal
sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child);
609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment
restraining order); and 609.749 (harassment/stalking); and 609.78,
subdivision 2 (interference with an emergency call); and similar laws of
other states, the United States, the District of Columbia, tribal lands, and
United States territories.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 12. Minnesota
Statutes 2005 Supplement, section 609.1095, subdivision 4, is amended to read:
Subd. 4. Increased sentence for offender who commits
a sixth felony. Whenever a person is
convicted of a felony, and the judge is imposing an executed sentence based on
a Sentencing Guidelines presumptive imprisonment sentence, the judge may impose
an aggravated durational departure from the presumptive sentence up to the
statutory maximum sentence if the factfinder determines that the offender has
five or more prior felony convictions and that the present offense is a felony
that was committed as part of a pattern of criminal conduct.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 13. Minnesota
Statutes 2004, section 609.11, subdivision 7, is amended to read:
Subd. 7. Prosecutor shall establish. Whenever reasonable grounds exist to
believe that the defendant or an accomplice used a firearm or other dangerous
weapon or had in possession a firearm, at the time of commission of an offense
listed in subdivision 9, the prosecutor shall, at the time of trial or at the
plea of guilty, present on the record all evidence tending to establish that
fact unless it is otherwise admitted on the record. The question of whether the defendant or
an accomplice, at the time of commission of an offense listed in subdivision 9,
used a firearm or other dangerous weapon or had in possession a firearm shall
be determined by the court on the record factfinder at the time
of a verdict or finding of guilt at trial or the entry of a plea of guilty
based upon the record of the trial or the plea of guilty. The court factfinder shall also
determine on the record at the time of sentencing whether the
defendant has been convicted of a second or subsequent offense in which the
defendant or an accomplice, at the time of commission of an offense listed in
subdivision 9, used a firearm or other dangerous weapon or had in possession a
firearm.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec.
14. [609.154]
INCREASED PENALTIES FOR CRIMES MOTIVATED BY BIAS.
Subdivision 1.
Crimes motivated by bias. Notwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person
as provided under subdivision 2, if:
(1) the person is convicted of a crime under chapter 609; and
(2) the factfinder determines that the person committed the
crime because of the victim's, property owner's, or another's actual or
perceived race, color, religion, sex, sexual orientation, disability as defined
in section 363A.03, age, or national origin.
Subd. 2. Penalties. (a) If the crime committed is a
felony, the statutory maximum for the crime is five years longer than the
statutory maximum for the underlying crime.
(b) If the crime committed is a gross misdemeanor, the person
is guilty of a felony and may be sentenced to imprisonment for not more than
two years or to payment of a fine of not more than $10,000, or both.
(c) If the crime committed is a misdemeanor, the person is
guilty of a gross misdemeanor.
Subd. 3. Exception. This section does not apply to any
crime if proof of the victim's, property owner's, or another's actual or
perceived race, religion, color, disability, sexual orientation, disability as
defined in section 363A.03, age, or national origin is required for a
conviction for that crime.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 15. Minnesota Statutes
2004, section 609.2231, subdivision 4, is amended to read:
Subd. 4. Assaults motivated by bias. (a) Whoever assaults another because of the
victim's or another's actual or perceived race, color, religion, sex, sexual
orientation, disability as defined in section 363A.03, age, or national origin
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.
(b) Whoever violates the provisions of paragraph (a) within
five years of a previous conviction under paragraph (a) is guilty of a felony
and may be sentenced to imprisonment for not more than one year and a day or
two years and to payment of a fine of not more than $3,000, or both
$10,000.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 16. Minnesota
Statutes 2004, section 609.2231, subdivision 6, is amended to read:
Subd. 6. Public employees with mandated duties. A person is guilty of a gross misdemeanor
who:
(1) assaults an agricultural inspector, occupational safety
and health investigator, child protection worker, public health nurse, animal
control officer, or probation or parole officer while the employee is
engaged in the performance of a duty mandated by law, court order, or
ordinance;
(2)
knows that the victim is a public employee engaged in the performance of the
official public duties of the office; and
(3) inflicts demonstrable bodily harm.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 17. Minnesota
Statutes 2004, section 609.2242, subdivision 4, is amended to read:
Subd. 4. Felony.
Whoever violates the provisions of this section or section 609.224,
subdivision 1, against the same victim during the time period between
the first of any combination of two or more previous qualified domestic
violence-related offense convictions or adjudications of delinquency and the
end of the five years following discharge from sentence or disposition for that
offense is guilty of a felony and may be sentenced to imprisonment for not more
than five years or payment of a fine of not more than $10,000, or both.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 18. Minnesota
Statutes 2004, section 609.233, subdivision 1, is amended to read:
Subdivision 1. Crime.
A caregiver or operator who intentionally neglects a vulnerable adult or
knowingly permits conditions to exist that result in the abuse or neglect of a
vulnerable adult is guilty of a gross misdemeanor criminal neglect
and may be sentenced as provided in subdivision 3. For purposes of this section,
"abuse" has the meaning given in section 626.5572, subdivision 2, and
"neglect" means a failure to provide a vulnerable adult with
necessary food, clothing, shelter, health care, or supervision.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 19. Minnesota
Statutes 2004, section 609.233, is amended by adding a subdivision to read:
Subd. 3. Penalties. (a) Except as provided in paragraph
(b), a caregiver or operator who violates subdivision 1 is guilty of a gross
misdemeanor and may be sentenced to imprisonment for not more than one year or
to payment of a fine of not more than $3,000, or both.
(b) A caregiver, who is an individual and has responsibility
for the care of a vulnerable adult as a result of a family relationship, may be
sentenced as follows:
(1) if a violation of subdivision 1 results in the death of
the vulnerable adult, to imprisonment for not more than ten years or to payment
of a fine of not more than $20,000, or both; or
(2) if a violation of subdivision 1 results in substantial
bodily harm or the risk of death, to imprisonment for not more than five years
or payment of a fine of not more than $10,000, or both.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec.
20. Minnesota Statutes 2005 Supplement,
section 609.282, is amended to read:
609.282 LABOR TRAFFICKING.
Subdivision 1.
Individuals under age 18. Whoever knowingly engages in the labor
trafficking of an individual who is under the age of 18 is guilty of a crime
and may be sentenced to imprisonment for not more than 20 years or to payment
of a fine of not more than $40,000, or both.
Subd. 2. Other offenses. Whoever knowingly engages in the labor
trafficking of another is guilty of a crime and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more
than $30,000, or both.
Subd. 3. Consent or age of victim not a defense. In a prosecution under this section the
consent or age of the victim is not a defense.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 21. Minnesota
Statutes 2005 Supplement, section 609.283, is amended to read:
609.283 UNLAWFUL CONDUCT
WITH RESPECT TO DOCUMENTS IN FURTHERANCE OF LABOR OR SEX TRAFFICKING.
Subdivision 1.
Crime defined. Unless the person's conduct constitutes a
violation of section 609.282, a person who knowingly destroys, conceals,
removes, confiscates, or possesses any actual or purported passport or other
immigration document, or any other actual or purported government
identification document, of another person:
(1) in the course of a violation of section 609.282 or
609.322;
(2) with intent to violate section 609.282 or 609.322; or
(3) to prevent or restrict or to attempt to prevent or
restrict, without lawful authority, a person's liberty to move or travel, in
order to maintain the labor or services of that person, when the person is or
has been a victim of a violation of section 609.282 or 609.322;
is guilty
of a crime and may be sentenced as provided in subdivision 2.
Subd. 2. Penalties. A person who violates subdivision 1
may be sentenced as follows:
(1) if the crime involves a victim under the age of 18, to
imprisonment for not more than ten years or to payment of a fine of $20,000, or
both; or
(2) in other cases, to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both.
Subd. 3. Consent or age of victim not a defense. In a prosecution under this section the
consent or age of the victim is not a defense.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec.
22. Minnesota Statutes 2004, section
609.341, is amended by adding a subdivision to read:
Subd. 23. Personal body or cosmetic services. Personal body or cosmetic services
means services for hire including but not limited to massage, bodywork,
acupuncture, esthetician services, body piercing, or tattooing.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 23. Minnesota
Statutes 2004, section 609.344, subdivision 1, is amended to read:
Subdivision 1. Crime defined. A person who engages in sexual penetration
with another person is guilty of criminal sexual conduct in the third degree if
any of the following circumstances exists:
(a) the complainant is under 13 years of age and the actor is
no more than 36 months older than the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant shall be a defense;
(b) the complainant is at least 13 but less than 16 years of
age and the actor is more than 24 months older than the complainant. In any such case it shall be an affirmative
defense, which must be proved by a preponderance of the evidence, that the
actor believes the complainant to be 16 years of age or older. If the actor in such a case is no more than
48 months but more than 24 months older than the complainant, the actor may be
sentenced to imprisonment for not more than five years. Consent by the complainant is not a defense;
(c) the actor uses force or coercion to accomplish the
penetration;
(d) the actor knows or has reason to know that the complainant
is mentally impaired, mentally incapacitated, or physically helpless;
(e) the complainant is at least 16 but less than 18 years of
age and the actor is more than 48 months older than the complainant and in a
position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18 years of age at
the time of the sexual penetration.
Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years of age at the
time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to
accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over
an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual penetration occurred:
(i) during the psychotherapy session; or
(ii)
outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists.
Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a
former patient of the psychotherapist and the former patient is emotionally
dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual penetration occurred by means of
therapeutic deception. Consent by the complainant
is not a defense;
(k) the actor accomplishes the sexual penetration by means of
deception or false representation that the penetration is for a bona fide
medical purpose. Consent by the
complainant is not a defense;
(1) the actor is or purports to be a member of the clergy,
the complainant is not married to the actor, and:
(i) the sexual penetration occurred during the course of a
meeting in which the complainant sought or received religious or spiritual
advice, aid, or comfort from the actor in private; or
(ii) the sexual penetration occurred during a period of time
in which the complainant was meeting on an ongoing basis with the actor to seek
or receive religious or spiritual advice, aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an employee, independent contractor, or
volunteer of a state, county, city, or privately operated adult or juvenile
correctional system, including, but not limited to, jails, prisons, detention
centers, or work release facilities, and the complainant is a resident of a
facility or under supervision of the correctional system. Consent by the complainant is not a defense; or
(n) the actor provides or is an agent of an entity that
provides special transportation service, the complainant used the special
transportation service, and the sexual penetration occurred during or
immediately before or after the actor transported the complainant. Consent by the complainant is not a defense.;
or
(o) the actor performs or is an agent of an entity that
performs personal body or cosmetic services, the complainant was a user of one
of those services, and nonconsensual sexual penetration occurred during or
immediately before or after the actor performed one of those services for complainant.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 24. Minnesota
Statutes 2004, section 609.345, subdivision 1, is amended to read:
Subdivision 1. Crime defined. A person who engages in sexual contact with
another person is guilty of criminal sexual conduct in the fourth degree if any
of the following circumstances exists:
(a) the complainant is under 13 years of age and the actor is
no more than 36 months older than the complainant. Neither mistake as to the complainant's age
or consent to the act by the complainant is a defense. In a prosecution under this clause, the state
is not required to prove that the sexual contact was coerced;
(b) the complainant is at least 13 but less than 16 years of
age and the actor is more than 48 months older than the complainant or in a
position of authority over the complainant.
Consent by the complainant to the act is not a defense. In any such case, it shall be an affirmative
defense which must be proved by a preponderance of the evidence that the actor
believes the complainant to be 16 years of age or older;
(c)
the actor uses force or coercion to accomplish the sexual contact;
(d) the actor knows or has reason to know that the complainant
is mentally impaired, mentally incapacitated, or physically helpless;
(e) the complainant is at least 16 but less than 18 years of
age and the actor is more than 48 months older than the complainant and in a
position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18 years of age at
the time of the sexual contact. Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years of age at the
time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to
accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over
an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual contact occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing
psychotherapist-patient relationship exists.
Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a
former patient of the psychotherapist and the former patient is emotionally
dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual contact occurred by means of
therapeutic deception. Consent by the
complainant is not a defense;
(k) the actor accomplishes the sexual contact by means of
deception or false representation that the contact is for a bona fide medical
purpose. Consent by the complainant is
not a defense;
(1) the actor is or purports to be a member of the clergy, the
complainant is not married to the actor, and:
(i) the sexual contact occurred during the course of a
meeting in which the complainant sought or received religious or spiritual
advice, aid, or comfort from the actor in private; or
(ii) the sexual contact occurred during a period of time in
which the complainant was meeting on an ongoing basis with the actor to seek or
receive religious or spiritual advice, aid, or comfort in private. Consent by the complainant is not a defense;
(m)
the actor is an employee, independent contractor, or volunteer of a state,
county, city, or privately operated adult or juvenile correctional system,
including, but not limited to, jails, prisons, detention centers, or work
release facilities, and the complainant is a resident of a facility or under
supervision of the correctional system.
Consent by the complainant is not a defense; or
(n) the actor provides or is an agent of an entity that
provides special transportation service, the complainant used the special
transportation service, the complainant is not married to the actor, and the
sexual contact occurred during or immediately before or after the actor
transported the complainant. Consent by
the complainant is not a defense.; or
(o) the actor performs or is an agent of an entity that
performs personal body or cosmetic services, the complainant was a user of one
of those services, and nonconsensual sexual contact occurred during or
immediately before or after the actor performed one of those services for
complainant.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 25. Minnesota
Statutes 2005 Supplement, section 609.3455, is amended by adding a subdivision
to read:
Subd. 3a. Mandatory sentence for certain engrained
offenders. (a) A court shall
commit a person to the commissioner of corrections for a period of time that is
not less than double the presumptive sentence under the sentencing guidelines
and not more than the statutory maximum, or if the statutory maximum is less
than double the presumptive sentence, for a period of time that is equal to the
statutory maximum, if:
(1) the court is imposing an executed sentence on a person
convicted of committing or attempting to commit a violation of section 609.342,
609.343, 609.344, 609.345, or 609.3453;
(2) the factfinder determines that the offender is a danger to
public safety; and
(3) the factfinder determines that the offender's criminal
sexual behavior is so engrained that the risk of reoffending is great without
intensive psychotherapeutic intervention or other long-term treatment or
supervision extending beyond the presumptive term of imprisonment and
supervised release.
(b) The factfinder shall base its determination that the
offender is a danger to public safety on any of the following factors:
(1) the crime involved an aggravating factor that would
justify a durational departure from the presumptive sentence under the
sentencing guidelines;
(2) the offender previously committed or attempted to commit a
predatory crime or a violation of section 609.224 or 609.2242, including:
(i) an offense committed as a juvenile that would have been a
predatory crime or a violation of section 609.224 or 609.2242 if committed by
an adult; or
(ii) a violation or attempted violation of a similar law of
any other state or the United States; or
(3) the offender planned or prepared for the crime prior to
its commission.
(c) As used in this section, "predatory crime" has
the meaning given in section 609.341, subdivision 22.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec.
26. Minnesota Statutes 2005 Supplement,
section 609.3455, subdivision 4, is amended to read:
Subd. 4. Mandatory life sentence; repeat offenders. (a) Notwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person
to imprisonment for life if the person is convicted of violating section
609.342, 609.343, 609.344, 609.345, or 609.3453 and:
(1) the person has two previous sex offense convictions;
(2) the person has a previous sex offense conviction and:
(i) the factfinder determines that the present offense
involved an aggravating factor that would provide grounds for an upward
durational departure under the sentencing guidelines other than the aggravating
factor applicable to repeat criminal sexual conduct convictions;
(ii) the person received an upward durational departure from
the sentencing guidelines for the previous sex offense conviction; or
(iii) the person was sentenced under this section or section
609.108 for the previous sex offense conviction; or
(3) the person has two prior sex offense convictions, and
the factfinder determines that the prior convictions and present offense
involved at least three separate victims, and:
(i) the factfinder determines that the present offense
involved an aggravating factor that would provide grounds for an upward
durational departure under the sentencing guidelines other than the aggravating
factor applicable to repeat criminal sexual conduct convictions;
(ii) the person received an upward durational departure from
the sentencing guidelines for one of the prior sex offense convictions; or
(iii) the person was sentenced under this section or section
609.108 for one of the prior sex offense convictions.
(b) Notwithstanding paragraph (a), a court may not sentence a
person to imprisonment for life for a violation of section 609.345, unless the
person's previous or prior sex offense convictions that are being used as the
basis for the sentence are for violations of section 609.342, 609.343, 609.344,
or 609.3453, or any similar statute of the United States, this state, or any
other state.
EFFECTIVE
DATE. This section is effective
August 1, 2006, and applies to crimes committed on or after that date.
Sec. 27. Minnesota
Statutes 2005 Supplement, section 609.3455, subdivision 8, is amended to read:
Subd. 8. Terms of conditional release; applicable to
all sex offenders. (a) The
provisions of this subdivision relating to conditional release apply to all sex
offenders sentenced to prison for a violation of section 609.342, 609.343,
609.344, 609.345, or 609.3453. Except as
provided in this subdivision, conditional release of sex offenders is governed
by provisions relating to supervised release.
The commissioner of corrections may not dismiss an offender on
conditional release from supervision until the offender's conditional release term
expires.
(b) The conditions of release may include successful
completion of treatment and aftercare in a program approved by the
commissioner, satisfaction of the release conditions specified in section
244.05, subdivision 6, and any other conditions the commissioner considers
appropriate. The commissioner shall
develop a plan to pay the cost of treatment of a person released under this
subdivision. The plan may include
co-payments from offenders, third party
payers, local agencies, or other funding sources as they are identified. This section does not require the
commissioner to accept or retain an offender in a treatment program. Before the offender is placed on
conditional release, the commissioner shall notify the sentencing court and the
prosecutor in the jurisdiction where the offender was sentenced of the terms of
the offender's conditional release. The
commissioner also shall make reasonable efforts to notify the victim of the
offender's crime of the terms of the offender's conditional release. If the offender fails to meet any condition
of release, the commissioner may revoke the offender's conditional release and
order that the offender serve all or a part of the remaining portion of the
conditional release term in prison.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 28. Minnesota
Statutes 2004, section 609.495, is amended by adding a subdivision to read:
Subd. 5. Venue. Notwithstanding anything to the contrary
in section 627.01, an offense committed under subdivision 1 or 3 may be
prosecuted in:
(1) the county where the offense occurred; or
(2) the county where the underlying criminal act occurred.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 29. Minnesota
Statutes 2004, section 609.52, subdivision 3, is amended to read:
Subd. 3. Sentence. Whoever commits theft may be sentenced as
follows:
(1) to imprisonment for not more than 20 years or to payment
of a fine of not more than $100,000, or both, if the property is a firearm, or
the value of the property or services stolen is more than $35,000 and the
conviction is for a violation of subdivision 2, clause (3), (4), (15), or (16);
or
(2) to imprisonment for not more than ten years or to payment
of a fine of not more than $20,000, or both, if the value of the property or
services stolen exceeds $2,500 $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:
(a) the value of the property or services stolen is more than
$500 $1,000 but not more than $2,500 $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
$250 $500 but not more than $500 $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 $500 $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 $250 $500 but not more than $500
$1,000; or
(5) in all other cases where the value of the property or
services stolen is $250 $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.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 30. Minnesota
Statutes 2004, section 609.535, subdivision 2a, is amended to read:
Subd. 2a. Penalties. (a) A person who is convicted of issuing a
dishonored check under subdivision 2 may be sentenced as follows:
(1) to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if the value of the
dishonored check, or checks aggregated under paragraph (b), is more than $500
$1,000;
(2) 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 dishonored
check, or checks aggregated under paragraph (b), is more than $250
$500 but not more than $500 $1,000; or
(3) to imprisonment for not more than 90 days or to payment
of a fine of not more than $1,000, or both, if the value of the dishonored
check, or checks aggregated under paragraph (b), is not more than $250
$500.
(b) In a prosecution under this subdivision, the value of
dishonored checks issued by the defendant in violation of this subdivision
within any six-month period may be aggregated and the defendant charged
accordingly in applying this section.
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
dishonored checks was issued for all of the offenses aggregated under this
paragraph.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec.
31. Minnesota Statutes 2004, section
609.595, subdivision 1, is amended to read:
Subdivision 1. Criminal damage to property in the first
degree. Whoever intentionally causes
damage to physical property of another without the latter's consent may be
sentenced to imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both, if:
(1) the damage to the property caused a reasonably
foreseeable risk of bodily harm; or
(2) the property damaged belongs to a common carrier and the
damage impairs the service to the public rendered by the carrier; or
(3) the damage reduces the value of the property by more than
$500 $1,000 measured by the cost of repair and replacement; or
(4) the damage reduces the value of the property by more than
$250 $500 measured by the cost of repair and replacement and the
defendant has been convicted within the preceding three years of an offense
under this subdivision or subdivision 2.
In any prosecution under clause (3), the value of any
property damaged by the defendant in violation of that clause within any
six-month period may be aggregated and the defendant charged accordingly in
applying the provisions of this section; 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.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 32. Minnesota
Statutes 2004, section 609.595, subdivision 1a, is amended to read:
Subd. 1a. Criminal damage to property in the second
degree. (a) Whoever intentionally
causes damage described in subdivision 2, paragraph (a), because of the
property owner's or another's actual or perceived race, color, religion, sex,
sexual orientation, disability as defined in section 363A.03, age, or national
origin is guilty of a felony and may be sentenced to imprisonment for not more
than one year and a day two years or to payment of a fine of not
more than $3,000 $5,000, or both.
(b) In any prosecution under paragraph (a), the value of
property damaged by the defendant in violation of that paragraph within any
six-month period may be aggregated and the defendant charged accordingly in
applying this section. 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.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 33. Minnesota
Statutes 2004, section 609.595, subdivision 2, is amended to read:
Subd. 2. Criminal damage to property in the third
degree. (a) Except as otherwise
provided in subdivision 1a, whoever intentionally causes damage to another
person's physical property without the other person's consent may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the damage reduces the value of the property by more
than $250 $500 but not more than $500 $1,000 as
measured by the cost of repair and replacement.
(b)
Whoever intentionally causes damage to another person's physical property
without the other person's consent because of the property owner's or another's
actual or perceived race, color, religion, sex, sexual orientation, disability
as defined in section 363A.03, age, or national origin may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the damage reduces the value of the property by not
more than $250 $500.
(c) In any prosecution under paragraph (a), the value of
property damaged by the defendant in violation of that paragraph within any
six-month period may be aggregated and the defendant charged accordingly in
applying this section. 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.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 34. [609.632] COUNTERFEITING OF CURRENCY.
Subdivision 1.
Manufacturing; printing. Whoever, with the intent to defraud,
falsely makes, alters, prints, scans, images, or copies any United States
postal money order, United States currency, Federal Reserve note, or other
obligation or security of the United States so that it purports to be genuine
or has different terms or provisions than that of the United States Postal
Service or United States Treasury is guilty of counterfeiting and may be
sentenced as provided in subdivision 4.
Subd. 2. Means for false reproduction. Whoever, with intent to defraud,
makes, engraves, possesses, or transfers a plate or instrument, computer,
printer, camera, software, paper, cloth, fabric, ink, or other material for the
false reproduction of any United States postal money order, United States currency,
Federal Reserve note, or other obligation or security of the United States is
guilty of counterfeiting and may be sentenced as provided in subdivision 4.
Subd. 3. Uttering or possessing. Whoever, with intent to defraud,
utters or possesses with intent to utter any counterfeit United States postal
money order, United States currency, Federal Reserve note, or other obligation
or security of the United States, having reason to know that the money order,
currency, note, or obligation or security is forged, counterfeited, falsely
made, altered, or printed, is guilty of offering counterfeited currency and may
be sentenced as provided in subdivision 4.
Subd. 4. Penalty. (a) A person who is convicted of
violating subdivision 1 or 2 may be sentenced to imprisonment for not more than
20 years or to payment of a fine of not more than $100,000, or both.
(b) A person who is convicted of violating subdivision 3 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 counterfeited item is used
to obtain or in an attempt to obtain property or services having a value of
more than $35,000, or the aggregate face value of the counterfeited item is
more than $35,000;
(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 counterfeited item is used
to obtain or in an attempt to obtain property or services having a value of
more than $2,500, or the aggregate face value of the counterfeited item is more
than $2,500;
(3) to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if:
(i)
the counterfeited item is used to obtain or in an attempt to obtain property or
services having a value of more than $250, or the aggregate face value of the
counterfeited item is more than $250; or
(ii) the counterfeited item is used to obtain or in an attempt
to obtain property or services having a value of no more than $250, or the
aggregate face value of the counterfeited item is no more than $250, and the
person has been convicted within the preceding five years for an offense under
this section, section 609.24; 609.245; 609.52; 609.53; 609.582, subdivision 1,
2, or 3; 609.625; 609.63; or 609.821, or a statute from another state or the
United States 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 the imposition of a felony or gross misdemeanor sentence; 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 counterfeited item is used
to obtain or in an attempt to obtain property or services having a value of no
more than $250, or the aggregate face value of the counterfeited item is no
more than $250.
Subd. 5. Aggregation; venue. In any prosecution under this section,
the value of the counterfeited United States postal money orders, United States
currency, Federal Reserve notes, or other obligations or securities of the
United States, offered by the defendant in violation of this section within any
six-month period may be aggregated and the defendant charged accordingly in
applying the provisions of this section.
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
counterfeited items was forged, offered, or possessed, for all of the offenses
aggregated under this subdivision.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 35. Minnesota
Statutes 2004, section 617.246, is amended by adding a subdivision to read:
Subd. 7. Conditional release term. Notwithstanding the statutory maximum
sentence otherwise applicable to the offense or any provision of the sentencing
guidelines, when a court commits a person to the custody of the commissioner of
corrections for violating this section, the court shall provide that after the
person has completed the sentence imposed, the commissioner shall place the
person on conditional release for five years.
If the person has previously been convicted of a violation of this
section, section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or
617.247, or any similar statute of the United States, this state, or any state,
the commissioner shall place the person on conditional release for ten years. The terms of conditional release are governed
by section 609.3455, subdivision 8.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 36. Minnesota
Statutes 2004, section 617.247, is amended by adding a subdivision to read:
Subd. 9. Conditional release term. Notwithstanding the statutory maximum
sentence otherwise applicable to the offense or any provision of the sentencing
guidelines, when a court commits a person to the custody of the commissioner of
corrections for violating this section, the court shall provide that after the
person has completed the sentence imposed, the commissioner shall place the
person on conditional release for five years.
If the person has previously been convicted of a violation of this
section, section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or
617.246, or any similar statute of the United States, this state, or any state,
the commissioner shall place the person on conditional release for ten
years. The terms of conditional release
are governed by section 609.3455, subdivision 8.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec.
37. Minnesota Statutes 2004, section 626.77,
subdivision 3, is amended to read:
Subd. 3. Definition. As used in this section, "federal law
enforcement officer" means an officer or employee whether employed inside
or outside the state of the Federal Bureau of Investigation, the Drug Enforcement
Administration, the United States Marshal Service, the Secret Service, the
Bureau of Alcohol, Tobacco, and Firearms, or the Immigration and
Naturalization Service, the Department of Homeland Security, or the
United States Postal Inspection Service, or their successor agencies, who
is responsible for the prevention or detection of crimes or for the enforcement
of the United States Code and who is authorized to arrest, with or without a
warrant, any individual for a violation of the United States Code.
EFFECTIVE
DATE. This section is
effective August 1, 2006.
Sec. 38. Laws 2005,
chapter 136, article 16, section 3, the effective date, is amended to read:
EFFECTIVE DATE. This section is effective the day following
final enactment and applies to sentencing hearings, resentencing hearings, and
sentencing departures sought on or after that date. This section expires February 1, 2007.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 39. Laws 2005,
chapter 136, article 16, section 4, the effective date, is amended to read:
EFFECTIVE DATE. This section is effective the day
following final enactment and applies to sentencing hearings, resentencing
hearings, and sentencing departures sought on or after that date. This section expires February 1, 2007.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 40. Laws 2005,
chapter 136, article 16, section 5, the effective date, is amended to read:
EFFECTIVE DATE. This section is effective the day
following final enactment and applies to sentencing hearings, resentencing
hearings, and sentencing departures sought on or after that date. This section expires February 1, 2007.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 41. Laws 2005,
chapter 136, article 16, section 6, the effective date, is amended to read:
EFFECTIVE DATE. This section is effective the day
following final enactment and applies to sentencing hearings, resentencing
hearings, and sentencing departures sought on or after that date. This section expires February 1, 2007.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 42. SENTENCING GUIDELINES MODIFICATIONS.
(a) Except as provided in paragraph (b), the modifications
related to sex offenses proposed by the Minnesota Sentencing Guidelines
Commission and described in the January 2006 Report to the Legislature, pages
31 to 45, are adopted and take effect on August 1, 2006.
(b)
The proposed rankings of Minnesota Statutes, sections 609.344, subdivision 1,
clauses (h), (i), and (l); and 609.345, subdivision 1, clauses (h), (i), and
(l), are rejected and do not take effect.
(c) The commission is requested to rank violations of:
(1) Minnesota Statutes, section 609.344, subdivision 1,
clauses (h), (i), and (l), at severity level C;
(2) Minnesota Statutes, section 609.344, subdivision 1,
clause (a), at severity level D;
(3) Minnesota Statutes, section 609.345, subdivision 1,
clauses (h), (i), and (l), at severity level E; and
(4) Minnesota Statutes, section 609.345, subdivision 1,
clause (a), at severity level F.
(d) If the commission decides to make the changes requested
in paragraph (c), it shall ensure that the changes are effective on August 1,
2006, and publish an updated version of the sentencing guidelines that include
the changes by that date.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 43. COLLATERAL CONSEQUENCES COMMITTEE.
Subdivision 1.
Establishment; duties. A collateral consequences committee is
established to study collateral consequences of adult convictions and juvenile
adjudications. The committee shall
identify the uses of collateral consequences of convictions and adjudications
and recommend any proposed changes to the legislature on collateral
consequences.
Subd. 2. Resources. The Department of Corrections shall
provide technical assistance to the committee on request, with the assistance
of the commissioner of public safety and the Sentencing Guidelines Commission.
Subd. 3. Membership. The committee consists of:
(1) one representative from each of the following groups:
(i) crime victim advocates, appointed by the commissioner of
public safety;
(ii) county attorneys, appointed by the Minnesota County
Attorneys Association;
(iii) city attorneys, appointed by the League of Minnesota
Cities;
(iv) district court judges, appointed by the Judicial
Council;
(v) private criminal defense attorneys, appointed by the
Minnesota Association of Criminal Defense Lawyers;
(vi) probation officers, appointed by the Minnesota
Association of County Probation Officers; and
(vii) the state public defender or a designee; and
(2) the commissioner of public safety, or a designee, who
shall chair the group.
Subd.
4.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 44. REVISOR'S INSTRUCTION.
When appropriate, the revisor of statutes shall replace
statutory references to Minnesota Statutes, section 609.108, with references to
section 609.3455, subdivision 3a.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 45. REPEALER.
Minnesota Statutes 2004, sections 609.108, subdivision 5; and
609.109, subdivisions 1 and 3, and Minnesota Statutes 2005 Supplement, sections
609.108, subdivisions 1, 3, 4, 6, and 7; and 609.109, subdivisions 2, 4, 5, and
6, are repealed.
EFFECTIVE
DATE. This section is
effective August 1, 2006 and applies to crimes committed on or after
that date.
ARTICLE 3
CONTROLLED SUBSTANCES, DWI, AND DRIVING PROVISIONS
Section 1. Minnesota
Statutes 2004, section 152.01, subdivision 18, is amended to read:
Subd. 18. Drug paraphernalia. (a) Except as otherwise provided in paragraph
(b), "drug paraphernalia" means all equipment, products, and
materials of any kind, except those items used in conjunction with permitted
uses of controlled substances under this chapter or the Uniform Controlled
Substances Act, which are knowingly or intentionally used primarily in
(1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling,
or otherwise introducing into the human body a controlled substance, (3)
testing the strength, effectiveness, or purity of a controlled substance, or
(4) enhancing the effect of a controlled substance.
(b) "Drug paraphernalia" does not include the
possession, manufacture, delivery, or sale of hypodermic needles or syringes in
accordance with section 151.40, subdivision 2.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 2. Minnesota
Statutes 2004, section 152.093, is amended to read:
152.093 MANUFACTURE OR
DELIVERY SALE OF DRUG PARAPHERNALIA PROHIBITED.
Subdivision 1.
Sales generally. (a) It is unlawful for any person knowingly
or intentionally to deliver sell drug paraphernalia or
knowingly or intentionally to possess or manufacture drug paraphernalia for
delivery, knowing or having reason to know, that the item will be used
primarily to:
(1) manufacture a controlled substance;
(2)
inject, ingest, inhale, or otherwise introduce into the human body a controlled
substance;
(3) test the strength, effectiveness, or purity of a
controlled substance; or
(4) enhance the effect of a controlled substance.
(b) Any violation of this section subdivision is
a misdemeanor.
Subd. 2. Sales to minor. Any person 18 years of age or older who
violates subdivision 1 by selling drug paraphernalia to a person under 18 years
of age who is at least three years younger is guilty of a gross misdemeanor.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 3. [152.0955] PROHIBITION ON POSSESSION OF
CERTAIN ITEMS ASSOCIATED WITH CONTROLLED SUBSTANCE USE.
Subdivision 1.
Definitions. As used in this section, the following
terms have the meanings given:
(1) "dugout" means a storage device, commonly
referred to as a dugout, designed with separate reservoirs for marijuana and a
one-hit pipe;
(2) "glass pipe" means any pipe or smoking device
that has a reservoir capable of holding controlled substances for ingestion;
(3) "marijuana pipe" means any pipe or smoking
device, except for a traditional pipe, that is made of solid material,
including ivory, onyx, glass, metal, stone, or any other material, having a
reservoir and a direct channel or a channel filtered by a screen, leading to an
open end, commonly known as a bowl; and
(4) "one-hit pipe" means any pipe or smoking device
that consists of a reservoir on one end, with a direct channel or a channel
filtered by a screen that leads to the opposite end, designed as a linear
device, and without a separately attached bowl or reservoir.
Subd. 2. Possession prohibited. A person who knowingly possesses a dugout,
glass pipe, marijuana pipe, or one-hit pipe is guilty of a petty misdemeanor.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after
that date.
Sec. 4. Minnesota
Statutes 2004, section 152.18, subdivision 1, is amended to read:
Subdivision 1. Deferring prosecution for certain first
time drug offenders. If any person
who has not previously participated in or completed a diversion program
authorized under section 401.065 or who has not previously been placed on
probation without a judgment of guilty and thereafter been discharged from
probation under this section is found guilty of a violation of section 152.024,
subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, or 4, for
possession of a controlled substance, after trial or upon a plea of guilty, and
the court determines that the violation does not qualify as a subsequent
controlled substance conviction under section 152.01, subdivision 16a, the
court may, without entering a judgment of guilty and with the consent of the
person, either (1) defer further proceedings and place the person on
probation upon such reasonable conditions as it may require and for a period,
not to exceed the maximum sentence provided for the violation deferral,
it may give the person the opportunity to attend and participate in an
appropriate program of education regarding the nature and effects of alcohol
and drug abuse as a stipulation of probation.
Upon violation of a condition of the probation, the court may enter an
adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the
proceedings against the person and discharge the person from probation before
the expiration of the maximum period prescribed for the person's probation. If during the period of probation the person
does not violate any of the conditions of the probation, then upon expiration
of the period the court shall discharge the person and dismiss the proceedings
against that person. Discharge and
dismissal under this subdivision shall be without court adjudication of guilt,
but a not public record of it shall be retained by the Bureau of Criminal
Apprehension for the purpose of use by the courts in determining the merits of
subsequent proceedings against the person.
The not public record may also be opened only upon court order for
purposes of a criminal investigation, prosecution, or sentencing. Upon request by law enforcement, prosecution,
or corrections authorities, the bureau shall notify the requesting party of the
existence of the not public record and the right to seek a court order to open
it pursuant to this section. The court
shall forward a record of any discharge and dismissal under this subdivision to
the bureau which shall make and maintain the not public record of it as
provided under this subdivision. The
discharge or dismissal shall not be deemed a conviction for purposes of
disqualifications or disabilities imposed by law upon conviction of a crime or
for any other purpose. . The court or (2) state orally on the
record or enter a written finding that states reasons why a deferral is
inappropriate. If the court grants a
For purposes of this subdivision, "not public" has
the meaning given in section 13.02, subdivision 8a.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 5. Minnesota
Statutes 2004, section 169.13, is amended to read:
169.13 RECKLESS OR,
CARELESS, OR EXHIBITION DRIVING.
Subdivision 1. Reckless driving. (a) Any person who drives any vehicle
in such a manner as to indicate either a willful or a wanton disregard for the
safety of persons or property is guilty of reckless driving and such reckless
driving is a misdemeanor.
(b) A person shall not race any vehicle upon any street or
highway of this state. Any person who
willfully compares or contests relative speeds by operating one or more
vehicles is guilty of racing, which constitutes reckless driving, whether or
not the speed contested or compared is in excess of the maximum speed
prescribed by law.
Subd. 2. Careless driving. Any person who operates or halts any vehicle
upon any street or highway carelessly or heedlessly in disregard of the rights
of others, or in a manner that endangers or is likely to endanger any property
or any person, including the driver or passengers of the vehicle, is guilty of
a misdemeanor.
Subd. 2a. Exhibition driving. A person who operates any vehicle in such
a manner as to start or accelerate with an unnecessary exhibition of speed is
guilty of a petty misdemeanor. Prima
facie evidence of an unnecessary exhibition of speed is the unreasonable
squealing or screeching sounds emitted by the vehicle's tires or the throwing
of sand or gravel by the vehicle's tires, or both.
Subd. 3. Application. (a) The provisions of this section
apply, but are not limited in application, to any person who drives any vehicle
in the manner prohibited by this section:
(1) upon the ice of any lake, stream, or river, including but
not limited to the ice of any boundary water; or
(2) in a parking lot ordinarily used by or available to the
public though not as a matter of right, and a driveway connecting such a
the parking lot with a street or highway.
(b)
This section does not apply to:
(1) an authorized emergency vehicle, when responding to an
emergency call or when in pursuit of an actual or suspected violator;
(2) the emergency operation of any vehicle when avoiding
imminent danger; or
(3) any raceway, racing facility, or other public event
sanctioned by the appropriate governmental authority.
EFFECTIVE
DATE. This section is
effective August 1, 2006, for violations committed on or after that date.
Sec. 6. Minnesota
Statutes 2004, section 169A.24, subdivision 1, is amended to read:
Subdivision 1. Degree described. A person who violates section 169A.20
(driving while impaired) is guilty of first-degree driving while impaired if
the person:
(1) commits the violation within ten years of the first of
three or more qualified prior impaired driving incidents; or
(2) has previously been convicted of a felony under this
section; or
(3) within the past ten years, has been convicted of a felony
under section 609.21, subdivision 1, clause (2), (3), (4), (5) or (6), or
section 609.21, subdivision 3, clause (2), (3), (4), (5) or (6).
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to violations of section 169A.20
occurring on or after that date.
Sec. 7. Minnesota
Statutes 2005 Supplement, section 171.05, subdivision 2b, is amended to read:
Subd. 2b. Instruction permit use by person under age
18. (a) This subdivision applies to
persons who have applied for and received an instruction permit under
subdivision 2.
(b) The permit holder may, with the permit in possession,
operate a motor vehicle, but must be accompanied by and be under the
supervision of a certified driver education instructor, the permit holder's
parent or guardian, or another licensed driver age 21 or older. The supervisor must occupy the seat beside
the permit holder.
(c) The permit holder may operate a motor vehicle only when
every occupant under the age of 18 has a seat belt or child passenger restraint
system properly fastened. A person who
violates this paragraph is subject to a fine of $25. A peace officer may not issue a citation for a
violation of this paragraph unless the officer lawfully stopped or detained the
driver of the motor vehicle for a moving violation as defined in section
171.04, subdivision 1. The commissioner
shall not record a violation of this paragraph on a person's driving record.
(d) The permit holder may not operate a vehicle while
communicating over, or otherwise operating, a cellular or wireless telephone,
whether handheld or hands free, when the vehicle is in motion. The permit holder may assert as an
affirmative defense that the violation was made for the sole purpose of
obtaining emergency assistance to prevent a crime about to be committed, or in
the reasonable belief that a person's life or safety was in danger. Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 2.
(e)
The permit holder must maintain a driving record free of convictions for moving
violations, as defined in section 171.04, subdivision 1, and free of convictions
for violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to
169A.53. If the permit holder drives a
motor vehicle in violation of the law, the commissioner shall suspend, cancel,
or revoke the permit in accordance with the statutory section violated.
EFFECTIVE
DATE. This section is
effective June 1, 2006, and applies to violations committed on and after that
date.
Sec. 8. Minnesota
Statutes 2005 Supplement, section 171.055, subdivision 2, is amended to read:
Subd. 2. Use of provisional license. (a) A provisional license holder may operate
a motor vehicle only when every occupant under the age of 18 has a seat belt or
child passenger restraint system properly fastened. A person who violates this paragraph is
subject to a fine of $25. A peace
officer may not issue a citation for a violation of this paragraph unless the
officer lawfully stopped or detained the driver of the motor vehicle for a
moving violation as defined in section 171.04.
The commissioner shall not record a violation of this paragraph on a
person's driving record.
(b) A provisional license holder may not operate a vehicle
while communicating over, or otherwise operating, a cellular or wireless
telephone, whether handheld or hands free, when the vehicle is in motion. The provisional license holder may assert as
an affirmative defense that the violation was made for the sole purpose of
obtaining emergency assistance to prevent a crime about to be committed, or in
the reasonable belief that a person's life or safety was in danger. Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 2.
(c) If the holder of a provisional license during the period
of provisional licensing incurs (1) a conviction for a violation of section
169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (2) a conviction for
a crash-related moving violation, or (3) more than one conviction for a moving
violation that is not crash related, the person may not be issued a driver's
license until 12 consecutive months have expired since the date of the
conviction or until the person reaches the age of 18 years, whichever occurs
first.
EFFECTIVE
DATE. This section is
effective June 1, 2006, and applies to violations committed on and after that
date.
Sec. 9. Minnesota
Statutes 2004, section 253B.02, subdivision 2, is amended to read:
Subd. 2. Chemically dependent person. "Chemically dependent person" means
any person (a) determined as being incapable of self-management or management
of personal affairs by reason of the habitual and excessive use of alcohol,
drugs, or other mind-altering substances; and (b) whose recent conduct as a
result of habitual and excessive use of alcohol, drugs, or other mind-altering
substances poses a substantial likelihood of physical harm to self or others as
demonstrated by (i) a recent attempt or threat to physically harm self or
others, (ii) evidence of recent serious physical problems, or (iii) a failure
to obtain necessary food, clothing, shelter, or medical care. "Chemically
dependent person" also means a pregnant woman who has engaged during the
pregnancy in habitual or excessive use, for a nonmedical purpose, of any of the
following controlled substances or their derivatives: opium, cocaine,
heroin, phencyclidine, methamphetamine, or amphetamine.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 10. REMEDIATION OF HARM CAUSED BY
MISDEMEANOR CONVICTIONS FOR MINORS DRIVING WITH MOBILE PHONES.
Subdivision 1.
Remediation by commissioner. For infractions that occurred between
July 1, 2005, and June 30, 2006, the commissioner of public safety shall
expunge from a licensee's driving record a misdemeanor conviction for violating
Minnesota Statutes, section 171.05, subdivision 2b, paragraph (d), or 171.055,
subdivision 2, paragraph (b). The
commissioner is not obligated to expunge petty misdemeanor violations of the
statutes referenced in this subdivision.
Subd.
2.
(b) The commissioner of finance, in consultation with the
Supreme Court administrator, shall develop and implement a procedure to refund
defendants for any fine in excess of $300 for a conviction vacated under
paragraph (a), without requiring that the defendant request a refund. The procedure may require recovery of
portions of the fines that have been allocated by law to local governmental
units.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 11. REPEALER.
Minnesota Statutes 2004, section 152.094, is repealed.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes occurring on or after
that date.
ARTICLE 4
PUBLIC SAFETY
Section 1. [4.055] GOVERNOR'S RESIDENCE EMPLOYEES
AND GOVERNOR APPOINTEE BACKGROUND CHECKS.
The governor's office may request a check of:
(1) systems accessible through the criminal justice data
communications network, including, but not limited to, criminal history,
predatory offender registration, warrants, and driver license record
information from the Department of Public Safety;
(2) the statewide supervision system maintained by the
Department of Corrections; and
(3) national criminal history information maintained by the
Federal Bureau of Investigation;
on
candidates for positions within the governor's residence or appointment by the
governor. The candidate shall provide
the governor's office with a written authorization to conduct the check of
these systems. For a check of the
national criminal history information, the request must also include a set of
fingerprints which shall be sent to the Bureau of Criminal Apprehension. The bureau has the authority to exchange the
fingerprints with the FBI to facilitate the national background check. The superintendent may recover fees associated
with the background checks from the governor's office.
Sec. 2. Minnesota
Statutes 2004, section 13.82, is amended by adding a subdivision to read:
Subd. 29. Juvenile offender photographs. Notwithstanding section 260B.171, chapter
609A, or other law to the contrary, photographs or electronically produced
images of children adjudicated delinquent under chapter 260B shall not be
expunged from law enforcement records or databases.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
3. [5B.02]
DEFINITIONS.
(a) For purposes of this chapter and unless the context clearly
requires otherwise, the definitions in this section have the meanings given
them.
(b) "Address" means a residential street address,
school address, or work address of an individual, as specified on the
individual's application to be a program participant under this chapter.
(c) "Domestic violence" means an act as defined in
section 518B.01, subdivision 2, paragraph (a), and includes a threat of such
acts committed against an individual in a domestic situation, regardless of
whether these acts or threats have been reported to law enforcement officers.
(d) "Program participant" means a person certified
as a program participant under section 5B.03.
(e) "Stalking" means acts criminalized under
section 609.749 and includes a threat of such acts committed against an
individual, regardless of whether these acts or threats have been reported to
law enforcement officers.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 4. [5B.03] ADDRESS CONFIDENTIALITY PROGRAM.
Subdivision 1.
Application. An adult person, a parent or guardian
acting on behalf of a minor, or a guardian acting on behalf of an incapacitated
person, as defined in section 524.5-102, may apply to the secretary of state to
have an address designated by the secretary of state serve as the person's
address or the address of the minor or incapacitated person. The secretary of state shall approve an
application if it is filed in the manner and on the form prescribed by the
secretary of state and if it contains:
(1) a statement under oath or affirmation by the applicant
that the applicant has good reason to believe (i) that the applicant, or the
minor or incapacitated person on whose behalf the application is made, is a
victim of domestic violence, sexual assault, or stalking, and (ii) that the
applicant fears for his or her safety or his or her children's safety, or the
safety of the minor or incapacitated person on whose behalf the application is
made;
(2) a designation of the secretary of state as agent for
purposes of service of process and for the purpose of receipt of mail;
(3) the address where the applicant can be contacted by the
secretary of state, and the phone number or numbers where the applicant can be
called by the secretary of state;
(4) the new address or addresses that the applicant requests
not be disclosed for the reason that disclosure will increase the risk of
domestic violence, sexual assault, or stalking; and
(5) the signature of the applicant and of any individual or
representative of any office designated in writing under section 5B.05 who
assisted in the preparation of the application, and the date on which the
applicant signed the application.
Subd. 2. Filing. Applications must be filed with the Office
of the Secretary of State.
Subd. 3. Certification. Upon filing a properly completed
application, the secretary of state shall certify the applicant as a program
participant. Applicants shall be
certified for four years following the date of filing unless the certification
is withdrawn or invalidated before that date.
The secretary of state shall by rule establish a renewal procedure.
Subd.
4.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 5. [5B.04] CERTIFICATION CANCELLATION.
(a) If the program participant obtains a legal change of
identity, the participant loses certification as a program participant.
(b) The secretary of state may cancel a program participant's
certification if there is a change in the residential address, unless the
program participant provides the secretary of state with at least two days'
prior notice in writing of the change of address.
(c) The secretary of state may cancel certification of a
program participant if mail forwarded by the secretary to the program
participant's address is returned as nondeliverable.
(d) The secretary of state shall cancel certification of a
program participant who applies using false information.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 6. [5B.05] AGENCY USE OF DESIGNATED
ADDRESS.
(a) A program participant may request that state and local
agencies use the address designated by the secretary of state as the program
participant's address. When creating a
new public record, state and local agencies shall accept the address designated
by the secretary of state as a program participant's substitute address, unless
the secretary of state has determined that:
(1) the agency has a bona fide statutory or administrative
requirement for the use of the address which would otherwise be confidential
under this chapter; and
(2) the address will be used only for bona fide statutory and
administrative purposes.
(b) A program participant may use the address designated by
the secretary of state as the program participant's work address.
(c) The Office of the Secretary of State shall forward all
first class mail to the appropriate program participants.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 7. [5B.06] VOTING BY PROGRAM PARTICIPANT;
USE OF DESIGNATED ADDRESS BY COUNTY AUDITOR.
A program participant who is otherwise qualified to vote may
register as an ongoing absentee voter.
The county auditor shall transmit the absentee ballot to the program
participant at the mailing address provided.
Neither the name nor the address of a program participant may be
included in any list of registered voters available to the public.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
8. [5B.07]
DISCLOSURE OF RECORDS PROHIBITED; EXCEPTIONS.
The secretary of state may not make any records in a program
participant's file available for inspection or copying, other than the address
designated by the secretary of state.
Records may only be released pursuant to court order.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 9. [5B.08] ASSISTANCE FOR PROGRAM
APPLICANTS.
The secretary of state shall designate state and local
agencies and nonprofit agencies that provide counseling and shelter services to
victims of domestic violence, sexual assault, or stalking to assist persons
applying to be program participants. Any
assistance and counseling rendered by the Office of the Secretary of State or
its designees to applicants shall in no way be construed as legal advice.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 10. [5B.09] ADOPTION OF RULES.
The secretary of state has good cause to adopt rules pursuant
to section 14.388 to facilitate the administration of this chapter by state and
local agencies.
Sec. 11. Minnesota
Statutes 2004, section 13.87, is amended by adding a subdivision to read:
Subd. 4. Name and index service; data
classification. (a) For
purposes of this section, "name and event index service" means the
data held by the Bureau of Criminal Apprehension that link data about an
individual that are stored in one or more databases maintained in criminal
justice agencies, as defined in section 299C.46, subdivision 2, and in the
judiciary.
(b) Data collected, created, or maintained by the name and
event index service are classified as private data, pursuant to section 13.02,
subdivision 12, and become confidential data, pursuant to section 13.02,
subdivision 3, when the data links private or public data about a specific
individual to any confidential data about that individual. The data in the name and event index service
revert to the private data classification when no confidential data about a
specific individual are maintained in the databases. The classification of data in the name and
event index service does not change the classification of the data held in the
databases linked by the service.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 12. Minnesota
Statutes 2004, section 181.973, is amended to read:
181.973 EMPLOYEE
PUBLIC SAFETY PEER COUNSELING AND DEBRIEFING.
A person engaged in a public safety peer counseling or a
public safety peer debriefing shall not, without the permission of the
person being debriefed or counseled, be allowed to disclose any
information or opinion which the peer group member or peer counselor has
acquired during the debriefing process. However, this does not prohibit a peer
counselor from disclosing information the peer counselor reasonably believes
indicates that the person may be a danger to self or others, if the information
is used only for the purpose of eliminating the danger to the person or
others. Any information or opinion
disclosed in violation of this paragraph is not admissible as evidence in any
personnel or occupational licensing matter involving the person being debriefed
or counseled.
For
purposes of this paragraph, "public safety peer counseling or
debriefing" means a group process oriented debriefing session, or
one-to-one contact with a peer counselor, held for peace officers,
firefighters, medical emergency persons, dispatchers, or other persons involved
with public safety emergency services, that is established by any agency
providing public safety emergency services and is designed to help a person who
has suffered an occupation-related traumatic event trauma, illness,
or stress begin the process of healing and effectively dealing with
posttraumatic stress the person's problems or the use of the peer
counselor for direction with referrals to better service these
occupation-related issues. A "peer
counselor" means someone so designated by that agency.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 13. Minnesota
Statutes 2005 Supplement, section 243.166, subdivision 1b, is amended to read:
Subd. 1b. Registration required. (a) A person shall register under this
section if:
(1) the person was charged with or petitioned for a felony
violation of or attempt to violate, or aiding, abetting, or conspiracy to
commit, any of the following, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of circumstances:
(i) murder under section 609.185, clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343;
609.344; 609.345; 609.3451, subdivision 3; or 609.3453; or
(iv) indecent exposure under section 617.23, subdivision 3;
(2) the person was charged with or petitioned for a violation
of, or attempt to violate, or aiding, abetting, or conspiracy to commit false
imprisonment in violation of section 609.255, subdivision 2; soliciting a minor
to engage in prostitution in violation of section 609.322 or 609.324;
soliciting a minor to engage in sexual conduct in violation of section 609.352;
using a minor in a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of section 617.247,
and convicted of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances;
(3) the person was sentenced as a patterned sex offender under
section 609.108; or
(4) the person was convicted of or adjudicated delinquent for,
including pursuant to a court martial, violating a law of the United States,
including the Uniform Code of Military Justice, similar to the offenses
described in clause (1), (2), or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent in
another state for an offense that would be a violation of a law described in
paragraph (a) if committed in this state;
(2) the person enters this state to reside, work, or attend
school, or enters this state and remains for 14 days or longer; and
(3) ten years have not elapsed since the person was released
from confinement or, if the person was not confined, since the person was
convicted of or adjudicated delinquent for the offense that triggers
registration, unless the person is subject to lifetime registration. If the person is required to register for
life under Minnesota law, or the law of any other state in which the person has
been convicted or required to register, in which case the person
shall register for life regardless of when the person was released from
confinement, convicted, or adjudicated delinquent.
(c)
A person also shall register under this section if the person was committed
pursuant to a court commitment order under section 253B.185 or Minnesota
Statutes 1992, section 526.10, or a similar law of another state or the United
States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation
or attempt to violate any of the offenses listed in paragraph (a), clause (1),
or a similar law of another state or the United States, or the person was
charged with or petitioned for a violation of any of the offenses listed in
paragraph (a), clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or found guilty
but mentally ill after a trial for that offense, in states with a guilty but
mentally ill verdict; and
(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or the United
States.
EFFECTIVE
DATE. This section is
effective the day following enactment and applies to any offender residing in
Minnesota as of that date.
Sec. 14. Minnesota
Statutes 2005 Supplement, section 243.166, subdivision 4, is amended to read:
Subd. 4. Contents of registration. (a) The registration provided to the
corrections agent or law enforcement authority, must consist of a statement in
writing signed by the person, giving information required by the bureau, a
fingerprint card, and photograph of the person taken at the time of the
person's release from incarceration or, if the person was not incarcerated, at
the time the person initially registered under this section. The registration information also must
include a written consent form signed by the person allowing a treatment facility
or residential housing unit or shelter to release information to a law
enforcement officer about the person's admission to, or residence in, a
treatment facility or residential housing unit or shelter. Registration information on adults and
juveniles may be maintained together notwithstanding section 260B.171,
subdivision 3.
(b) For persons required to register under subdivision 1b,
paragraph (c), following commitment pursuant to a court commitment under
section 253B.185 or a similar law of another state or the United States, in
addition to other information required by this section, the registration
provided to the corrections agent or law enforcement authority must include the
person's offense history and documentation of treatment received during the
person's commitment. This documentation
is limited to a statement of how far the person progressed in treatment during
commitment.
(c) Within three days of receipt, the corrections agent or
law enforcement authority shall forward the registration information to the
bureau. The bureau shall ascertain
whether the person has registered with the law enforcement authority in the
area of the person's primary address, if any, or if the person lacks a primary
address, where the person is staying, as required by subdivision 3a. If the person has not registered with the law
enforcement authority, the bureau shall send one copy to that authority.
(d) The corrections agent or law enforcement authority may
require that a person required to register under this section appear before the
agent or authority to be photographed.
The agent or authority shall forward the photograph to the bureau.
(1) Except as provided in clause (2), the agent
or authority shall require a person required to register under this section who
is classified as a level III offender under section 244.052 to appear before
the agent or authority at least every six months to be photographed.
(2)
The requirements of this paragraph shall not apply during any period where the
person to be photographed is: (i) committed to the commissioner of corrections
and incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii)
committed to the commissioner of human services and receiving treatment in a
secure treatment facility.
(e) During the period a person is required to register under
this section, the following provisions apply:
(1) Except for persons registering under subdivision 3a, the
bureau shall mail a verification form to the person's last reported primary
address. This verification form must
provide notice to the offender that, if the offender does not return the
verification form as required, information about the offender may be made
available to the public through electronic, computerized, or other accessible
means. For persons who are registered
under subdivision 3a, the bureau shall mail an annual verification form to the
law enforcement authority where the offender most recently reported. The authority shall provide the verification
form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau.
(2) The person shall mail the signed verification form back
to the bureau within ten days after receipt of the form, stating on the form
the current and last address of the person's residence and the other
information required under subdivision 4a.
(3) In addition to the requirements listed in this section, a
person who is assigned to risk level II or III under section 244.052, and who
is no longer under correctional supervision for a registration offense, or a
failure to register offense, but who resides, works, or attends school in
Minnesota, shall have an annual in-person contact with a law enforcement
authority as provided in this section.
If the person resides in Minnesota, the annual in-person contact shall
be with the law enforcement authority that has jurisdiction over the person's
primary address or, if the person has no address, the location where the person
is staying. If the person does not
reside in Minnesota but works or attends school in this state, the person shall
have an annual in-person contact with the law enforcement authority or
authorities with jurisdiction over the person's school or workplace. During the month of the person's birth date,
the person shall report to the authority to verify the accuracy of the
registration information and to be photographed. Within three days of this contact, the
authority shall enter information as required by the bureau into the predatory
offender registration database and submit an updated photograph of the person
to the bureau's predatory offender registration unit.
(4) If the person fails to mail the completed and signed
verification form to the bureau within ten days after receipt of the form, or
if the person fails to report to the law enforcement authority during the month
of the person's birth date, the person is in violation of this section.
(5) For any person who fails to mail the completed and signed
verification form to the bureau within ten days after receipt of the form and
who has been determined to be a risk level III offender under section 244.052,
the bureau shall immediately investigate and notify local law enforcement
authorities to investigate the person's location and to ensure compliance with
this section. The bureau also shall
immediately give notice of the person's violation of this section to the law
enforcement authority having jurisdiction over the person's last registered
address or addresses.
For persons
required to register under subdivision 1b, paragraph (c), following commitment
pursuant to a court commitment under section 253B.185 or a similar law of
another state or the United States, the bureau shall comply with clause (1) at
least four times each year. For persons
who, under section 244.052, are assigned to risk level III and who are no
longer under correctional supervision for a registration offense or a failure
to register offense, the bureau shall comply with clause (1) at least two times
each year. For all other persons
required to register under this section, the bureau shall comply with clause
(1) each year within 30 days of the anniversary date of the person's initial
registration.
(f)
When sending out a verification form, the bureau shall determine whether the
person to whom the verification form is being sent has signed a written consent
form as provided for in paragraph (a).
If the person has not signed such a consent form, the bureau shall send
a written consent form to the person along with the verification form. A person who receives this written consent
form shall sign and return it to the bureau at the same time as the
verification form.
Sec. 15. Minnesota
Statutes 2005 Supplement, section 243.166, subdivision 4b, is amended to read:
Subd. 4b. Health care facility; notice of status. (a) For the purposes of this subdivision,
"health care facility" means a facility licensed by:
(1) the commissioner of health as a hospital, boarding care
home or supervised living facility under sections 144.50 to 144.58, or a
nursing home under chapter 144A; or
(2) the commissioner of human services as a residential
facility under chapter 245A to provide adult foster care, adult mental health
treatment, chemical dependency treatment to adults, or residential services to
persons with developmental disabilities.
(b) Upon admittance Prior to admission to a
health care facility, a person required to register under this section shall
disclose to:
(1) the health care facility employee processing the admission
the person's status as a registered predatory offender under this section; and
(2) the person's corrections agent, or if the person does not
have an assigned corrections agent, the law enforcement authority with whom the
person is currently required to register, that inpatient admission has
occurred will occur.
(c) A law enforcement authority or corrections agent who
receives notice under paragraph (b) or who knows that a person required to
register under this section is planning to be admitted and receive, or has
been admitted and is receiving health care at a health care facility shall
notify the administrator of the facility and deliver a fact sheet to the
administrator containing the following information: (1) name and physical
description of the offender; (2) the offender's conviction history, including
the dates of conviction; (3) the risk level classification assigned to the
offender under section 244.052, if any; and (4) the profile of likely victims.
(d) Except for a hospital licensed under sections 144.50 to
144.58, if a health care facility that receives notice under
this subdivision that a predatory offender has been admitted to the facility
a fact sheet under paragraph (c) that includes a risk level classification for
the offender, and if the facility admits the offender, the facility shall notify
other distribute the fact sheet to all residents at the facility of
this fact. If the facility
determines that notice distribution to a resident is not
appropriate given the resident's medical, emotional, or mental status, the
facility shall notify distribute the fact sheet to the patient's
next of kin or emergency contact.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 16. Minnesota
Statutes 2005 Supplement, section 243.166, subdivision 6, is amended to read:
Subd. 6. Registration period. (a) Notwithstanding the provisions of section
609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d),
a person required to register under this section shall continue to comply with
this section until ten years have elapsed since the person initially registered
in connection with the offense, or until the probation, supervised release, or
conditional release period expires, whichever occurs later. For a person required to register under this
section who is committed under section 253B.18 or 253B.185, the ten-year
registration period does not include the period of commitment.
(b)
If a person required to register under this section fails to provide the
person's primary address as required by subdivision 3, paragraph (b), fails to
comply with the requirements of subdivision 3a, fails to provide information as
required by subdivision 4a, or fails to return the verification form referenced
in subdivision 4 within ten days, the commissioner of public safety may require
the person to continue to register for an additional period of five years. This five-year period is added to the end of
the offender's registration period.
(c) If a person required to register under this section is
subsequently incarcerated following a conviction for a new offense or following
a revocation of probation, supervised release, or conditional release for any
offense, the person shall continue to register until ten years have elapsed
since the person was last released from incarceration or until the person's
probation, supervised release, or conditional release period expires, whichever
occurs later.
(d) A person shall continue to comply with this section for
the life of that person:
(1) if the person is convicted of or adjudicated delinquent
for any offense for which registration is required under subdivision 1b, or any
offense from another state or any federal offense similar to the offenses
described in subdivision 1b, and the person has a prior conviction or
adjudication for an offense for which registration was or would have been
required under subdivision 1b, or an offense from another state or a federal
offense similar to an offense described in subdivision 1b;
(2) if the person is required to register based upon a
conviction or delinquency adjudication for an offense under section 609.185,
clause (2), or a similar statute from another state or the United States;
(3) if the person is required to register based upon a
conviction for an offense under section 609.342, subdivision 1, paragraph (a),
(c), (d), (e), (f), or (h); 609.343, subdivision 1, paragraph (a), (c), (d),
(e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); or
609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another
state or the United States similar to the offenses described in this clause; or
(4) if the person is required to register under subdivision
1b, paragraph (c), following commitment pursuant to a court commitment under
section 253B.185 or a similar law of another state or the United States; or
(5) if a person was required to register for life in any
other state in which the person was previously convicted or required to
register.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to any offender in
Minnesota as of that date.
Sec. 17. Minnesota
Statutes 2005 Supplement, section 244.052, subdivision 4, is amended to read:
Subd. 4. Law enforcement agency; disclosure of
information to public. (a) The law
enforcement agency in the area where the predatory offender resides, expects to
reside, is employed, or is regularly found, shall disclose to the public any
information regarding the offender contained in the report forwarded to the
agency under subdivision 3, paragraph (f), that is relevant and necessary to protect
the public and to counteract the offender's dangerousness, consistent with the
guidelines in paragraph (b). The extent
of the information disclosed and the community to whom disclosure is made must
relate to the level of danger posed by the offender, to the offender's pattern
of offending behavior, and to the need of community members for information to
enhance their individual and collective safety.
(b) The law enforcement agency shall employ the following
guidelines in determining the scope of disclosure made under this subdivision:
(1)
if the offender is assigned to risk level I, the agency may maintain
information regarding the offender within the agency and may disclose it to
other law enforcement agencies.
Additionally, the agency may disclose the information to any victims of
or witnesses to the offense committed by the offender. The agency shall disclose the information to
victims of the offense committed by the offender who have requested disclosure
and to adult members of the offender's immediate household;
(2) if the offender is assigned to risk level II, the agency
also may disclose the information to agencies and groups that the offender is
likely to encounter for the purpose of securing those institutions and
protecting individuals in their care while they are on or near the premises of
the institution. These agencies and
groups include the staff members of public and private educational
institutions, day care establishments, and establishments and organizations
that primarily serve individuals likely to be victimized by the offender. The agency also may disclose the information
to individuals the agency believes are likely to be victimized by the
offender. The agency's belief shall be
based on the offender's pattern of offending or victim preference as documented
in the information provided by the department of corrections or human services;
(3) if the offender is assigned to risk level III, the agency
shall disclose the information to the persons and entities described in clauses
(1) and (2) and to other members of the community whom the offender is likely
to encounter, unless the law enforcement agency determines that public safety
would be compromised by the disclosure or that a more limited disclosure is
necessary to protect the identity of the victim.
Notwithstanding the assignment of a predatory offender to
risk level II or III, a law enforcement agency may not make the disclosures
permitted or required by clause (2) or (3), if: the offender is placed or
resides in a residential facility.
However, if an offender is placed or resides in a residential facility,
the offender and the head of the facility shall designate the offender's likely
residence upon release from the facility and the head of the facility shall
notify the commissioner of corrections or the commissioner of human services of
the offender's likely residence at least 14 days before the offender's
scheduled release date. The commissioner
shall give this information to the law enforcement agency having jurisdiction over
the offender's likely residence. The
head of the residential facility also shall notify the commissioner of
corrections or human services within 48 hours after finalizing the offender's
approved relocation plan to a permanent residence. Within five days after receiving this
notification, the appropriate commissioner shall give to the appropriate law
enforcement agency all relevant information the commissioner has concerning the
offender, including information on the risk factors in the offender's history
and the risk level to which the offender was assigned. After receiving this information, the law
enforcement agency shall make the disclosures permitted or required by clause
(2) or (3), as appropriate.
(c) As used in paragraph (b), clauses (2) and (3),
"likely to encounter" means that:
(1) the organizations or community members are in a location
or in close proximity to a location where the offender lives or is employed, or
which the offender visits or is likely to visit on a regular basis, other than
the location of the offender's outpatient treatment program; and
(2) the types of interaction which ordinarily occur at that
location and other circumstances indicate that contact with the offender is
reasonably certain.
(d) A law enforcement agency or official who discloses
information under this subdivision shall make a good faith effort to make the
notification within 14 days of receipt of a confirmed address from the
Department of Corrections indicating that the offender will be, or has been,
released from confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change occurs in the release plan, this
notification provision does not require an extension of the release date.
(e) A law enforcement agency or official who discloses
information under this subdivision shall not disclose the identity or any
identifying characteristics of the victims of or witnesses to the offender's
offenses.
(f)
A law enforcement agency shall continue to disclose information on an offender
as required by this subdivision for as long as the offender is required to
register under section 243.166. This
requirement on a law enforcement agency to continue to disclose information
also applies to an offender who lacks a primary address and is registering
under section 243.166, subdivision 3a.
(g) A law enforcement agency that is disclosing information
on an offender assigned to risk level III to the public under this subdivision
shall inform the commissioner of corrections what information is being
disclosed and forward this information to the commissioner within two days of
the agency's determination. The
commissioner shall post this information on the Internet as required in subdivision
4b.
(h) A city council may adopt a policy that addresses when
information disclosed under this subdivision must be presented in languages in
addition to English. The policy may
address when information must be presented orally, in writing, or both in
additional languages by the law enforcement agency disclosing the
information. The policy may provide for
different approaches based on the prevalence of non-English languages in
different neighborhoods.
(i) An offender who is the subject of a community
notification meeting held pursuant to this section may not attend the meeting.
(j) When a school, day care facility, or other entity or
program that primarily educates or serves children receives notice under
paragraph (b), clause (3), that a level III predatory offender resides or works
in the surrounding community, notice to parents must be made as provided in
this paragraph. If the predatory
offender identified in the notice is participating in programs offered by the
facility that require or allow the person to interact with children other than
the person's children, the principal or head of the entity must notify parents
with children at the facility of the contents of the notice received pursuant
to this section. The immunity provisions
of subdivision 7 apply to persons disclosing information under this paragraph.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 18. [297I.06] SURCHARGES ON FIRE SAFETY
PREMIUMS.
Subdivision 1.
Insurance policies surcharge. (a) Except as otherwise provided in
subdivision 2, each insurer engaged in writing policies of homeowners insurance
authorized in section 60A.06, subdivision 1, clause (1)(c), or commercial fire
policies shall collect a surcharge equal to 0.75 percent of the gross premiums
and assessments, less return premiums, on direct business received by the
company, or by its agents for it, for homeowner's insurance policies and
commercial fire insurance policies in this state.
(b) The surcharge amount collected under paragraph (a) may
not be considered premium for any purpose, including the computation of premium
tax or agents' commissions. The
surcharge amount must be separately stated on either a billing or policy
declaration sent to an insured.
(c) Amounts collected by the commissioner under this section
must be deposited in the fire safety account established pursuant to
subdivision 3.
Subd. 2. Exemptions. (a) This section does not apply to a
farmers' mutual fire insurance company or township mutual fire insurance
company in Minnesota organized under chapter 67A.
(b) An insurer described in section 297I.05, subdivisions 3
and 4, authorized to transact business in Minnesota shall elect to remit to the
Department of Revenue for deposit in the fire safety account either (1) the
surcharge amount collected under this section, or (2) a tax of one-half of one
percent on the gross fire premiums and assessments, less return premiums, on
all direct business received by the insurer or agents of the insurer in
Minnesota, in cash or otherwise, during the year.
(c)
For purposes of this subdivision, "gross fire premiums and
assessments" includes premiums on policies covering fire risks only on
automobiles, whether written or under floater form or otherwise.
Subd. 3. Fire safety account, annual transfers,
allocation. A special account,
to be known as the fire safety account, is created in the state treasury. The account consists of the proceeds under
subdivision 1.
EFFECTIVE
DATE. This section is
effective July 1, 2007, and applies to policies written or renewed after that date.
Sec. 19. Minnesota
Statutes 2004, section 297I.30, is amended by adding a subdivision to read:
Subd. 8. Fire insurance surcharge. On or before May 15, August 15, November
15, and February 15 of each year, every insurer required to pay the surcharge
under section 297I.06, subdivision 1, shall file a return with the commissioner
for the preceding three-month period ending March 31, June 30, September 30,
and December 31, setting forth any information the commissioner reasonably
requires on forms prescribed by the commissioner.
EFFECTIVE
DATE. This section is
effective July 1, 2007, and applies to policies written or renewed after that
date.
Sec. 20. [299A.59] NOTICE OF MULTIPLE LAW
ENFORCEMENT OPERATIONS CONFLICTS.
(a) Notwithstanding section 299C.405, the Department of
Public Safety may employ a secure subscription service designed to promote and
enhance officer safety during tactical operations by and between federal,
state, and local law enforcement agencies by notifying law enforcement agencies
of conflicts where multiple law enforcement operations may be occurring on the
same subject or vehicle or on or near the same location. The notification may include warrant
executions, surveillance activities, SWAT activities, undercover operations,
and other investigative operations.
(b) Data created, collected, received, maintained, or
disseminated by this system is classified as criminal investigative data as
defined in section 13.82, subdivision 7.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 21. [299A.695] PREEMPTION OF LOCAL LAW;
ILLEGAL IMMIGRATION.
Subdivision 1.
Immigration status;
prohibiting local governmental interference. (a) Notwithstanding any other provision of
state or local law, a local governmental unit or official may not prohibit by
law, resolution, or ordinance, or in any way restrict any governmental unit,
official, or employee from sending to or receiving from United States
immigration authorities information regarding the citizenship or immigration status,
lawful or unlawful, of any individual.
(b) Notwithstanding any other provision of state or local
law, no local governmental unit or local official may prohibit, or in any way
restrict, a federal, state, or local governmental employee from doing any of
the following with respect to information regarding the immigration status,
lawful or unlawful, of any individual:
(1) sending immigration information to, or requesting or
receiving the information from, the United States Immigration and Customs
Enforcement Agency;
(2) maintaining immigration information; and
(3) exchanging immigration information with any other
federal, state, or local governmental unit.
(c)
Notwithstanding any other provision of state or local law, no local
governmental unit or official may prohibit by law, resolution, or ordinance, or
unconditionally restrict a federal, state, or local governmental employee from
inquiring about a person's immigration status.
The phrase "unconditionally restrict" must not be
interpreted to only apply to investigations where immigration is an element of
the crime.
(d) Nothing in this subdivision shall prohibit or limit a
local governmental unit from enacting, following, and enforcing an ordinance or
policy intended to eliminate racial profiling by the local governmental unit's
employees.
Subd. 2. Local governmental unit. For purposes of this section, "local
governmental unit" means a county, statutory city, home rule charter city,
or town.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 22. Minnesota
Statutes 2005 Supplement, section 299A.78, is amended to read:
299A.78 STATEWIDE HUMAN
TRAFFICKING ASSESSMENT.
Subdivision 1. Definitions. For purposes of sections 299A.78 to 299A.785
299A.7955, the following definitions apply:
(a) "Commissioner" means the commissioner of the
Department of Public Safety.
(b) "Nongovernmental organizations" means
nonprofit, nongovernmental organizations that provide legal, social, or other
community services.
(c) "Blackmail" has the meaning given in section
609.281, subdivision 2.
(d) "Debt bondage" has the meaning given in section
609.281, subdivision 3.
(e) "Forced labor or services" has the meaning
given in section 609.281, subdivision 4.
(f) "Labor trafficking" has the meaning given in
section 609.281, subdivision 5.
(g) "Labor trafficking victim" has the meaning
given in section 609.281, subdivision 6.
(h) "Sex trafficking" has the meaning given in
section 609.321, subdivision 7a.
(i) "Sex trafficking victim" has the meaning given
in section 609.321, subdivision 7b.
(j) "Trafficking" includes "labor
trafficking" and "sex trafficking."
(k) "Trafficking victim" includes "labor
trafficking victim" and "sex trafficking victim."
Subd. 2. General duties. The commissioner of public safety, in
cooperation with local authorities, shall:
(1) collect, share, and compile trafficking data among
government agencies to assess the nature and extent of trafficking in Minnesota.;
and
(2) analyze collected data to develop a plan to address and
prevent human trafficking.
Subd.
3. Outside
services. As provided for in section
15.061, the commissioner of public safety may contract with professional or
technical services in connection with the duties to be performed under section
sections 299A.785, 299A.79, and 299A.795. The commissioner may also contract with other
outside organizations to assist with the duties to be performed under section
sections 299A.785, 299A.79, and 299A.795.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 23. [299A.79] TRAFFICKING STUDY; ANALYSIS
AND USE OF DATA.
Subdivision 1.
Data analysis. The commissioner shall analyze the
data collected in section 299A.785 to develop a plan to address current
trafficking and prevent future trafficking in Minnesota. The commissioner may evaluate various
approaches used by other state and local governments to address
trafficking. The plan shall include, but
not be limited to:
(1) ways to train agencies, organizations, and officials
involved in law enforcement, prosecution, and social services;
(2) ways to increase public awareness of trafficking; and
(3) establishing procedures to enable the state government to
work with nongovernmental organizations to prevent trafficking.
Subd. 2. Training plan. The training plan required in
subdivision 1 must include:
(1) methods used in identifying trafficking victims, including
preliminary interview techniques and appropriate interrogation methods;
(2) methods for prosecuting traffickers;
(3) methods for protecting the rights of trafficking victims,
taking into account the need to consider human rights and special needs of
women and children trafficking victims; and
(4) methods for promoting the safety of trafficking victims.
Subd. 3. Public awareness initiative. The public awareness initiative
required in subdivision 1 must address, at a minimum, the following subjects:
(1) the risks of becoming a trafficking victim;
(2) common recruitment techniques; use of debt bondage,
blackmail, forced labor and services, prostitution, and other coercive tactics;
and risks of assault, criminal sexual conduct, exposure to sexually transmitted
diseases, and psychological harm;
(3) crime victims' rights; and
(4) reporting recruitment activities involved in trafficking.
Subd. 4. Report to legislature. The commissioner shall report the plan to
the chairs and ranking minority members of the senate and house committees and
divisions having jurisdiction over criminal justice policy and funding by
December 15, 2006.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
24. [299A.795]
TRAFFICKING VICTIM ASSISTANCE.
The commissioner may review the existing services and
facilities to meet trafficking victims' needs and recommend a plan that would
coordinate such services including, but not limited to:
(1) medical and mental health services;
(2) housing;
(3) education and job training;
(4) English as a second language;
(5) interpreting services;
(6) legal and immigration services; and
(7) victim compensation.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 25. [299A.7955] HUMAN TRAFFICKING TASK
FORCE.
Subdivision 1.
Creation and duties. By September 1, 2006, the commissioner
shall appoint a 22-member task force on human trafficking to advise the
commissioner on the commissioner's duties in sections 299A.78 to 299A.795. The task force shall also serve as a liaison
between the commissioner and agencies and nongovernmental organizations that
provide services to trafficking victims.
The members shall receive expense reimbursements as specified in section
15.059.
Subd. 2. Membership. To the extent possible, the human
trafficking task force consists of the following individuals, or their
designees, who are knowledgeable in trafficking, crime victims' rights, or
violence protection:
(1) a representative of the Minnesota Police Chiefs'
Association;
(2) a representative of the Bureau of Criminal Apprehension;
(3) a representative of the Minnesota Sheriffs' Association;
(4) a peace officer who works and resides in the metropolitan
area, composed of Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, and
Carver Counties;
(5) a peace officer who works and resides in the
nonmetropolitan area;
(6) a county attorney who works in Hennepin County;
(7) a county attorney who works in Ramsey County;
(8) a representative of the attorney general;
(9) a representative of the Department of Public Safety's
office of justice program;
(10)
a representative of the federal Homeland Security Office;
(11) a representative of the Department of Health and Human
Services;
(12) the chair or executive director of the Council on
Asian-Pacific Minnesotans;
(13) the chair or executive director of the Minnesota Chicano
Latino Affairs Council;
(14) a representative of the United States Attorney's Office;
and
(15) eight representatives from nongovernmental organizations
which may include representatives of:
(i) the Minnesota Coalition for Battered Women;
(ii) the Minnesota Coalition Against Sexual Assault;
(iii) a statewide or local organization that provides civil
legal services to women and children;
(iv) a statewide or local organization that provides mental
health services to women and children;
(v) a statewide or local human rights and social justice
advocacy organization;
(vi) a statewide or local organization that provides services
to victims of torture, trauma, or human trafficking;
(vii) a statewide or local organization that serves the needs
of immigrants and refugee women and children from diverse ethnic communities;
and
(viii) a statewide or local organization that provides legal
services to low income immigrants.
Subd. 3. Officers; meetings. (a) The task force shall annually
elect a chair and vice-chair from among its members, and may elect other
officers as necessary. The task force
shall meet at least quarterly, or upon the call of its chair. The task force shall meet sufficiently enough
to accomplish the tasks identified in this section.
(b) The task force shall seek out and enlist the cooperation
and assistance of nongovernmental organizations and academic researchers,
especially those specializing in trafficking, representing diverse communities
disproportionately affected by trafficking, or focusing on child services and
runaway services.
Subd. 4. Expiration. Notwithstanding section 15.059, the
task force expires June 30, 2011, or once it has implemented and evaluated the
programs and policies in sections 299A.78 to 299A.795 to the satisfaction of the
commissioner, whichever occurs first.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 26. [299A.85] REPORTING OF UNIDENTIFIED
PERSONS/HUMAN REMAINS.
Subdivision 1.
Handling of death scene
investigations. (a) The
Department of Public Safety shall provide information to local law enforcement
agencies about best practices for handling death scene investigations.
(b) The Department of Public Safety shall identify any
publications or training opportunities that may be available to local law
enforcement agencies or law enforcement officers concerning the handling of
death scene investigations.
Subd.
2.
(b) A person with custody of human remains that are not
identified within 24 hours of discovery shall promptly notify the Department of
Public Safety of the location of those remains.
(c) A person with custody of remains who cannot determine
whether or not the remains found are human shall notify the Department of
Public Safety of the existence of possible human remains.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 27. Minnesota
Statutes 2004, section 299C.095, subdivision 2, is amended to read:
Subd. 2. Retention. (a) Notwithstanding section 138.17, the
bureau shall retain juvenile history records for the time periods provided in
this subdivision. Notwithstanding
contrary provisions of paragraphs (b) to (e), all data in a juvenile history
record must be retained for the longest time period applicable to any item in
the individual juvenile history record.
If, before data are destroyed under this subdivision, the subject of the
data is convicted of a felony as an adult, the individual's juvenile history
record must be retained for the same time period as an adult criminal history
record.
(b) Juvenile history data on a child who was arrested must be
destroyed six months after the arrest if the child has not been referred to a
diversion program and no petition has been filed against the child by that
time.
(c) Juvenile history data on a child against whom a delinquency
petition was filed and subsequently dismissed must be destroyed upon receiving
notice from the court that the petition was dismissed.
(d) Juvenile history data on a child who was referred to a
diversion program or against whom a delinquency petition has been filed and
continued for dismissal must be destroyed when the child reaches age 21.
(e) Juvenile history data on a child against whom a
delinquency petition was filed and continued without adjudication, or a child
who was found to have committed a felony or gross misdemeanor-level offense,
must be destroyed when the child reaches age 28. If the adjudication was for an offense
which requires registration pursuant to section 243.166 or 243.167, or the offender
commits a felony violation as an adult, the bureau shall retain the data for as
long as the data would have been retained if the offender had been an adult at
the time of the juvenile offense.
(f) The bureau shall retain extended jurisdiction juvenile
data on an individual received under section 260B.171, subdivision 2, paragraph
(c), for as long as the data would have been retained if the offender had been
an adult at the time of the offense.
(g) Data retained on individuals under this subdivision are
private data under section 13.02, except that extended jurisdiction juvenile
data become public data under section 13.87, subdivision 2, when the juvenile
court notifies the bureau that the individual's adult sentence has been
executed under section 260B.130, subdivision 5.
(h) A person who receives data on a juvenile under paragraphs
(b) to (e) from the bureau shall destroy the data according to the schedule in
this subdivision, unless the person has access to the data under other
law. The bureau shall include a notice
of the destruction schedule with all data it disseminates on juveniles.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
28. Minnesota Statutes 2005 Supplement,
section 299C.40, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply
to this section.
(b) "CIBRS" means the Comprehensive Incident-Based
Reporting System, located in the Department of Public Safety and managed by the
Bureau of Criminal Apprehension, Criminal Justice Information Systems
Section. A reference in this section to
"CIBRS" includes the Bureau of Criminal Apprehension.
(c) "Law enforcement agency" means a Minnesota
municipal police department, the Metropolitan Transit Police, the Metropolitan
Airports Police, the University of Minnesota Police Department, the
Department of Corrections' Fugitive Apprehension Unit, a Minnesota county
sheriff's department, the Bureau of Criminal Apprehension, or the Minnesota
State Patrol.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 29. Minnesota
Statutes 2005 Supplement, section 299C.65, subdivision 2, is amended to read:
Subd. 2. Task force. The policy group shall appoint a task force
to assist them in their duties. The task
force shall monitor, review, and report to the policy group on CriMNet-related
projects and provide oversight to ongoing operations as directed by the policy
group. The task force shall consist of
the following members:
(1) two sheriffs recommended by the Minnesota Sheriffs
Association;
(2) two police chiefs recommended by the Minnesota Chiefs of
Police Association;
(3) two county attorneys recommended by the Minnesota County
Attorneys Association;
(4) two city attorneys recommended by the Minnesota League of
Cities;
(5) two public defenders appointed by the Board of Public
Defense;
(6) two district judges appointed by the Conference of Chief
Judges, one of whom is currently assigned to the juvenile court;
(7) two community corrections administrators recommended by
the Minnesota Association of Counties, one of whom represents a community
corrections act county;
(8) two probation officers;
(9) four public members, one of whom has been a victim of
crime, and two who are representatives of the private business community who
have expertise in integrated information systems and who for the purpose of
meetings of the full task force may be compensated pursuant to section 15.059;
(10) two court administrators;
(11) one member of the house of representatives appointed by
the speaker of the house;
(12) one member of the senate appointed by the majority
leader;
(13) the attorney general or a designee;
(14)
two individuals recommended by the Minnesota League of Cities, one of whom
works or resides in greater Minnesota and one of whom works or resides in the
seven-county metropolitan area;
(15) two individuals recommended by the Minnesota Association
of Counties, one of whom works or resides in greater Minnesota and one of whom
works or resides in the seven-county metropolitan area;
(16) the director of the Sentencing Guidelines Commission;
(17) one member appointed by the state chief information
officer;
(17) (18) one member appointed by the
commissioner of public safety;
(18) (19) one member appointed by the
commissioner of corrections;
(19) (20) one member appointed by the
commissioner of administration; and
(20) (21) one member appointed by the chief
justice of the Supreme Court.
In making
these appointments, the appointing authority shall select members with
expertise in integrated data systems or best practices.
The commissioner of public safety may appoint additional,
nonvoting members to the task force as necessary from time to time.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 30. Minnesota
Statutes 2004, section 299E.01, subdivision 2, is amended to read:
Subd. 2. Responsibilities. The division shall be responsible and
shall utilize state employees for security and public information services
in the Capitol complex of state-owned buildings and state leased to
own buildings in the Capitol area, as described in section 15B.02; it shall
provide such personnel as are required by the circumstances to insure the
orderly conduct of state business and the convenience of the public.
EFFECTIVE
DATE. This section is
effective July 1, 2007.
Sec. 31. Minnesota
Statutes 2004, section 299F.011, subdivision 5, is amended to read:
Subd. 5. Appeal policy; variance. Upon application, the state fire marshal may
grant variances from the minimum requirements specified in the code if there is
substantial compliance with the provisions of the code, the safety of the
public and occupants of such building will not be jeopardized, and undue
hardship will result to the applicant unless such variance is granted. No appeal to the state fire marshal for a
variance from orders issued by a local fire official from the Uniform
Fire Code shall be accepted until the applicant has first made application to
the local governing body and the local unit has acted on the application. The state fire marshal shall consider the
decision any decisions or recommendations of the local governing
body. Any person aggrieved by a decision
made by the fire marshal under this subdivision may proceed before the fire
marshal as with a contested case in accordance with the Administrative
Procedure Act.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
32. [299F.012]
FIRE SAFETY ACCOUNT.
Subdivision 1.
Authorized programs within
department. The Fire Service
Advisory Committee shall provide recommendations to the commissioner of public
safety on fire service related issues and shall consist of representatives of
each of the following organizations: two appointed by the president of the
Minnesota State Fire Chiefs Association, two appointed by the president of the
Minnesota State Fire Department Association, two appointed by the president of
the Minnesota Professional Fire Fighters, two appointed by the president of the
League of Minnesota Cities, one appointed by the president of the Minnesota
Association of Townships, one appointed by the president of the Insurance
Federation of Minnesota, one appointed jointly by the presidents of the
Minnesota Chapter of the International Association of Arson Investigators and
the Fire Marshals Association of Minnesota, and the commissioner of public
safety or the commissioner's designee.
The commissioner of public safety must ensure that at least three of the
members of the advisory committee work and reside in counties outside of the
seven-county metropolitan area. The
committee shall provide funding recommendations to the commissioner of public
safety from the fire safety fund for the following purposes:
Subd. 2. Fire service advisory committee. The Fire Service Advisory Committee shall
provide recommendations to the commissioner of public safety on fire service
related issues and shall consist of representatives of each of the following
organizations: two appointed by the president of the Minnesota State Fire
Chiefs Association, two appointed by the president of the Minnesota State Fire
Department Association, two appointed by the president of the Minnesota
Professional Fire Fighters, two appointed by the president of the League of
Minnesota Cities, one appointed by the president of the Minnesota Association
of Townships, one appointed by the president of the Insurance Federation of
Minnesota, one appointed jointly by the presidents of the Minnesota Chapter of
the International Association of Arson Investigators and the Fire Marshals
Association of Minnesota, and the commissioner of public safety or the
commissioner's designee. The
commissioner of public safety must ensure that at least three of the members of
the advisory committee work and reside in counties outside of the seven-county
metropolitan area. The committee shall
provide funding recommendations to the commissioner of public safety from the
fire safety fund for the following purposes:
(1) for the Minnesota Board of Firefighter Training and
Education;
(2) for programs and staffing for the State Fire Marshal
Division; and
(3) for fire-related regional response team programs and any
other fire service programs that have the potential for statewide impact.
Subd. 3. Report; accounting; carryover. The commissioner of public safety shall,
by December 1 of each year, (1) provide an accounting of how the funds in the
fire safety account were spent in the preceding fiscal year and (2) report any
funds not spent in a fiscal year to the chairs of the committees of the house
of representatives and the senate having jurisdiction over public safety
finance. Money in the account does not
cancel but remains available for expenditures for the programs identified in
subdivisions 1 and 2.
EFFECTIVE
DATE. This section is
effective July 1, 2007, and applies to policies written or renewed after that
date.
Sec. 33. [299F.50] DEFINITIONS.
Subdivision 1.
Scope. As used in sections 299F.50 to 299F.52,
the terms defined in this section have the meanings given them.
Subd.
2.
Subd. 3. Single and multifamily dwelling. "Single and multifamily
dwelling" means any building or structure which is wholly or partly used
or intended to be used for living or sleeping by human occupants.
Subd. 4. Dwelling unit. "Dwelling unit" means an area
meant for living or sleeping by human occupants.
Subd. 5. Approved carbon monoxide alarm. "Approved carbon monoxide alarm"
means a device meant for the purpose of detecting carbon monoxide that is
certified by a nationally recognized testing laboratory to conform to the
latest Underwriters Laboratories Standards (known as UL2034 standards).
Subd. 6. Operational. "Operational" means working and
in service.
EFFECTIVE
DATE. This section is
effective January 1, 2007, for all newly constructed single family and
multifamily dwelling units for which building permits were issued on or after
January 1, 2007.
Sec. 34. [299F.51] REQUIREMENTS FOR CARBON
MONOXIDE ALARMS.
Subdivision 1.
Generally. Every single family dwelling and every
dwelling unit in a multifamily dwelling must have an approved and operational
carbon monoxide alarm installed within ten feet of each room lawfully used for
sleeping purposes.
Subd. 2. Owner's duties. The owner of a multifamily dwelling unit
which is required to be equipped with one or more approved carbon monoxide
alarms must:
(1) provide and install one approved and operational carbon
monoxide alarm within ten feet of each room lawfully used for sleeping; and
(2) replace any required carbon monoxide alarm that has been
stolen, removed, found missing, or rendered inoperable during a prior occupancy
of the dwelling unit and which has not been replaced by the prior occupant
prior to the commencement of a new occupancy of a dwelling unit.
Subd. 3. Occupant's duties. The occupant of each dwelling unit in a
multifamily dwelling in which an approved and operational carbon monoxide alarm
has been provided and installed by the owner must:
(1) keep and maintain the device in good repair; and
(2) replace any device that is stolen, removed, missing, or
rendered inoperable during the occupancy of the dwelling unit.
Subd. 4. Battery removal prohibited. No person shall remove batteries from, or
in any way render inoperable, a required carbon monoxide alarm.
Subd. 5. Exceptions; certain multifamily
dwellings. (a) In lieu of
requirements of subdivision 1, multifamily dwellings may have approved and
operational carbon monoxide alarms installed between 15 and 25 feet of carbon
monoxide producing central fixtures and equipment provided there is a
centralized alarm system or other mechanism for responsible parties to hear the
alarm at all times.
(b)
An owner of a multifamily dwelling that contains minimal or no sources of
carbon monoxide may be exempted from the requirements of subdivision 1,
provided that such owner certifies to the commissioner of public safety that
such multifamily dwelling poses no foreseeable carbon monoxide risk to the
health and safety to the dwelling units.
EFFECTIVE
DATE. This section is
effective January 1, 2007, for all newly constructed single family and multifamily
dwelling units for which building permits were issued on or after January 1,
2007.
Sec. 35. [299F.52] ENFORCEMENT.
A violation of section 299F.50 or 299F.51 subjects the owner
of the single family dwelling, multifamily dwelling, or dwelling unit to the
same penalty and enforcement mechanism provided for violations of the Uniform
Fire Code provided in section 299F.011, subdivision 6.
EFFECTIVE
DATE. This section is
effective January 1, 2007, for all newly constructed single family and multifamily
dwelling units for which building permits were issued on or after January 1,
2007.
Sec. 36. Minnesota
Statutes 2004, section 525.9214, is amended to read:
525.9214 ROUTINE INQUIRY AND
REQUIRED REQUEST; SEARCH AND NOTIFICATION.
(a) If, at or near the time of death of a patient, there is
no documentation in the medical record that the patient has made or refused to
make an anatomical gift, the hospital administrator or a representative
designated by the administrator shall discuss with the patient or a relative of
the patient the option to make or refuse to make an anatomical gift and may
request the making of an anatomical gift pursuant to section 525.9211 or
525.9212. The request must be made with
reasonable discretion and sensitivity to the circumstances of the family. A request is not required if the gift is not
suitable, based upon accepted medical standards, for a purpose specified in
section 525.9215. An entry must be made
in the medical record of the patient, stating the name of the individual making
the request, and the name, response, and relationship to the patient of the
person to whom the request was made.
(b) The following persons shall make a reasonable search for
a document of gift or other information identifying the bearer as a donor or as
an individual who has refused to make an anatomical gift:
(1) a law enforcement officer, firefighter, paramedic, or
other emergency rescuer finding an individual who the searcher believes is dead
or near death;
(2) a hospital or emergency care facility, upon the admission
or presentation of an individual at or near the time of death, if there is not
immediately available any other source of that information; and
(3) a medical examiner or coroner upon receipt of a body.
(c) If a document of gift or evidence of refusal to make an
anatomical gift is located by the search required by paragraph (b), clause (1),
and the individual or body to whom it relates is taken to a hospital, the
hospital must be notified of the contents and the document or other evidence
must be sent to the hospital. If a
document of gift is located by the search required by paragraph (b), clause
(1), and the individual or body to whom it relates is taken to a morgue, the
person who discovered the document of gift must notify the person's
dispatcher. A dispatcher notified under
this section must notify the state's federally designated organ procurement
organization and inform the organization of the deceased's name, donor status,
and location.
(d)
If, at or near the time of death of a patient, a hospital knows that an
anatomical gift has been made pursuant to section 525.9212, paragraph (a), or a
release and removal of a part has been permitted pursuant to section 525.9213,
or that a patient or an individual identified as in transit to the hospital is
a donor, the hospital shall notify the donee if one is named and known to the
hospital; if not, it shall notify an appropriate procurement organization. The hospital shall cooperate in the implementation
of the anatomical gift or release and removal of a part.
(e) A person who fails to discharge the duties imposed by
this section is not subject to criminal or civil liability.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 37. Minnesota
Statutes 2004, section 611A.0315, is amended to read:
611A.0315 VICTIM
NOTIFICATION; DOMESTIC ASSAULT; HARASSMENT.
Subdivision 1. Notice of decision not to prosecute. (a) A prosecutor shall make every reasonable
effort to notify a victim of domestic assault, a criminal sexual conduct
offense, or harassment that the prosecutor has decided to decline
prosecution of the case or to dismiss the criminal charges filed against the
defendant. Efforts to notify the victim
should include, in order of priority: (1) contacting the victim or a person
designated by the victim by telephone; and (2) contacting the victim by
mail. If a suspect is still in custody,
the notification attempt shall be made before the suspect is released from
custody.
(b) Whenever a prosecutor dismisses criminal charges against
a person accused of domestic assault, a criminal sexual conduct offense,
or harassment, a record shall be made of the specific reasons for the
dismissal. If the dismissal is due to
the unavailability of the witness, the prosecutor shall indicate the specific
reason that the witness is unavailable.
(c) Whenever a prosecutor notifies a victim of domestic
assault or harassment under this section, the prosecutor shall also inform the
victim of the method and benefits of seeking an order for protection under
section 518B.01 or a restraining order under section 609.748 and that the
victim may seek an order without paying a fee.
Subd. 2. Definitions. For the purposes of this section, the
following terms have the meanings given them.
(a) "Assault" has the meaning given it in section
609.02, subdivision 10.
(b) "Domestic assault" means an assault committed
by the actor against a family or household member.
(c) "Family or household member" has the meaning
given it in section 518B.01, subdivision 2.
(d) "Harassment" means a violation of section
609.749.
(e) "Criminal sexual conduct offense" means a
violation of sections 609.342 to 609.3453.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 38. Minnesota Statutes
2004, section 624.22, subdivision 8, is amended to read:
Subd. 8. Suspension, revocation, or refusal to renew
certification. (a) The state
fire marshal may suspend, revoke, or refuse to renew certification of an
operator if the operator has:
(1) submitted a fraudulent application;
(2)
caused or permitted a fire or safety hazard to exist or occur during the
storage, transportation, handling, preparation, or use of fireworks;
(3) conducted a display of fireworks without receipt of a
permit required by the state or a political subdivision;
(4) conducted a display of fireworks with assistants who were
not at least 18 years of age, properly instructed, and continually supervised;
or
(5) otherwise failed to comply with any federal or state law
or regulation, or the guidelines, relating to fireworks.
(b) Any person aggrieved by a decision made by the state fire
marshal under this subdivision may petition the state fire marshal in writing
to reconsider the decision. The state
fire marshal shall render a decision in writing within 30 days of receipt of
the written request for reconsideration.
Following reconsideration, the person may appeal the decision to the
district court.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 39. [626.9601] DEFINITIONS.
Subdivision 1.
Scope of definitions. For purposes of sections 626.9601 to
626.9615, the following terms have the meanings given them.
Subd. 2. Bloodborne pathogens. "Bloodborne pathogens" means
pathogenic microorganisms that are present in human blood and can cause disease
in humans. These pathogens include, but
are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV), and human
immunodeficiency virus (HIV).
Subd. 3. Law enforcement agency. "Law enforcement agency" has the
meaning given in section 626.84, subdivision 1.
Subd. 4. Peace officer. "Peace officer" is an individual
employed as a licensed peace officer under section 626.84, subdivision 1.
Subd. 5. Source individual. "Source individual" means an
individual, living or dead, whose blood, tissue, or potentially infectious body
fluids may be a source of bloodborne pathogen exposure to a peace officer.
Subd. 6. Significant exposure. "Significant exposure" means
contact likely to transmit a bloodborne pathogen, in a manner supported by the
most current guidelines and recommendations of the United States Public Health
Service at the time an evaluation takes place, that includes:
(1) percutaneous injury, contact of mucous membrane or
nonintact skin, or prolonged contact of intact skin; and
(2) contact, in a manner that may transmit a bloodborne
pathogen, with blood, tissue, or potentially infectious body fluids.
Subd. 7. Facility. "Facility" means a hospital
licensed under sections 144.50 to 144.56 or a freestanding emergency medical
care facility licensed under Laws 1988, chapter 467, that receives a peace
officer for evaluation for significant exposure or a source individual whose
bodily fluids contacted a peace officer.
EFFECTIVE
DATE. This section is effective
July 1, 2006.
Sec.
40. [626.9602]
CONDITIONS FOR APPLICABILITY OF PROCEDURES.
Subdivision 1.
Request for procedures. A peace officer or law enforcement agency
may request that a facility follow the procedures of sections 626.9601 to
626.9615 when a peace officer may have experienced a significant exposure to a
source individual.
Subd. 2. Conditions. A facility shall follow the procedures
outlined in sections 626.9601 to 626.9615 when all of the following conditions
are met:
(1) the facility determines that significant exposure has
occurred, following the protocol under section 626.9614;
(2) the licensed physician for the peace officer needs the
source individual's bloodborne pathogen test results to begin, continue,
modify, or discontinue treatment, in accordance with the most current
guidelines of the United States Public Health Service, because of possible
exposure to a bloodborne pathogen; and
(3) the peace officer consents to provide a blood sample for
testing for a bloodborne pathogen. If
the peace officer consents to blood collection, but does not consent at that
time to bloodborne pathogen testing, the facility shall preserve the sample for
at least 90 days. If the peace officer
elects to have the sample tested within 90 days, the testing shall be done as
soon as feasible.
Subd. 3. Locating source individual. If the source individual is not received
by a facility but the facility is providing treatment to the peace officer, the
law enforcement agency shall make reasonable efforts to locate the source
individual and inform the facility of the source individual's identity and
location. The facility shall make a
reasonable effort to contact the source individual in order to follow the
procedures in sections 626.9601 to 626.9615.
The law enforcement agency and facilities may exchange private data
about the source individual as necessary to fulfill their responsibilities
under this subdivision, notwithstanding any provision of law to the contrary.
EFFECTIVE
DATE. This section is effective
July 1, 2006.
Sec. 41. [626.9603] INFORMATION REQUIRED TO BE
GIVEN TO INDIVIDUALS.
Subdivision 1.
Information to source
individual. (a) Before
seeking any consent required by the procedures under sections 626.9601 to
626.9615, a facility shall inform the source individual that the source
individual's bloodborne pathogen test results, without the individual's name,
address, or other uniquely identifying information, shall be reported to the
peace officer if requested, and that test results collected under sections
626.9601 to 626.9615 are for medical purposes as set forth in section 626.9609
and may not be used as evidence in any criminal proceedings or civil
proceedings, except for procedures under sections 144.4171 to 144.4186.
(b) The facility shall inform the source individual of the
insurance protections in section 72A.20, subdivision 29.
(c) The facility shall inform the source individual that the
individual may refuse to provide a blood sample and that the source
individual's refusal may result in a request for a court order to require the
source individual to provide a blood sample.
(d) The facility shall inform the source individual that the
facility will advise the peace officer of the confidentiality requirements and
penalties before disclosing any test information.
Subd. 2. Information to peace officer. (a) Before disclosing any information
about the source individual, the facility shall inform the peace officer of the
confidentiality requirements of section 626.9611 and that the peace officer may
be subject to penalties for unauthorized release of information about the
source individual under section 626.9612.
(b)
The facility shall inform the peace officer of the insurance protections in
section 72A.20, subdivision 29.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 42. [626.9604] DISCLOSURE OF POSITIVE
BLOODBORNE PATHOGEN TEST RESULTS.
If the conditions of sections 626.9602 and 626.9603 are met,
the facility shall ask the source individual and the peace officer if they have
ever had a positive test for a bloodborne pathogen. The facility must attempt to get existing
test results under this section before taking any steps to obtain a blood
sample or to test for bloodborne pathogens.
The facility shall disclose the source individual's bloodborne pathogen
test results to the peace officer without the source individual's name,
address, or other uniquely identifying information.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 43. [626.9605] CONSENT PROCEDURES;
GENERALLY.
(a) For purposes of sections 626.9601 to 626.9615, whenever
the facility is required to seek consent, the facility shall follow its usual
procedure for obtaining consent from an individual or an individual's
representative consistent with other law applicable to consent.
(b) Consent from a source individual's representative for
bloodborne pathogen testing of an existing blood sample obtained from the
source individual is not required if the facility has made reasonable efforts to
obtain the representative's consent and consent cannot be obtained within 24
hours of a significant exposure.
(c) If testing of the source individual's blood occurs
without consent because the source individual is unable to provide consent or
has left the facility and cannot be located, and the source individual's
representative cannot be located, the facility shall provide the information
required in section 626.9603 to the source individual or representative
whenever it is possible to do so.
(d) If a source individual dies before an opportunity to
consent to blood collection or testing under sections 626.9601 to 626.9615, the
facility does not need consent of the deceased person's representative for
purposes of sections 626.9601 to 626.9615.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 44. [626.9606] TESTING OF AVAILABLE BLOOD.
Subdivision 1.
Procedures with consent. If the source individual is or was under
the care or custody of the facility and a sample of the source individual's
blood is available with the consent of the source individual, the facility
shall test that blood for bloodborne pathogens with the consent of the source
individual, provided the conditions in sections 626.9602 and 626.9603 are met.
Subd. 2. Procedures without consent. If the source individual has provided a
blood sample with consent but does not consent to bloodborne pathogen testing,
the facility shall test for bloodborne pathogens if the peace officer or law
enforcement agency requests the test, provided all of the following criteria
are met:
(1) the peace officer or law enforcement agency has
documented exposure to blood or body fluids during performance of the peace
officer's duties;
(2)
the facility has determined that a significant exposure has occurred and a
licensed physician for the peace officer has documented in the peace officer's
medical record that bloodborne pathogen test results are needed for beginning,
modifying, continuing, or discontinuing medical treatment for the peace officer
under section 626.9614, subdivision 2;
(3) the peace officer provides a blood sample for testing for
bloodborne pathogens as soon as feasible;
(4) the facility asks the source individual to consent to a
test for bloodborne pathogens and the source individual does not consent;
(5) the facility has provided the source individual with all
of the information required by section 626.9603; and
(6) the facility has informed the peace officer of the
confidentiality requirements of section 626.9611 and the penalties for
unauthorized release of source information under section 626.9612.
Subd. 3. Follow-up. The facility shall inform the source
individual and the peace officer of their own test results. The facility shall inform the peace officer
of the source individual's test results without the source individual's name,
address, or other uniquely identifying information.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 45. [626.9607] BLOOD SAMPLE COLLECTION FOR
TESTING.
Subdivision 1.
Procedures with consent. (a) If a blood sample is not otherwise
available, the facility shall obtain consent from the source individual before
collecting a blood sample for testing for bloodborne pathogens. The consent process shall include informing
the source individual that the individual may refuse to provide a blood sample
and that the source individual's refusal may result in a request for a court
order under subdivision 2 to require the source individual to provide a blood
sample.
(b) If the source individual consents to provide a blood
sample, the facility shall collect a blood sample and test the sample for
bloodborne pathogens.
(c) The facility shall inform the peace officer about the
source individual's test results without the individual's name, address, or
other uniquely identifying information.
The facility shall inform the source individual of the test results.
(d) If the source individual refuses to provide a blood
sample for testing, the facility shall inform the peace officer of the source individual's
refusal.
Subd. 2. Procedures without consent. (a) A law enforcement agency or a peace
officer may bring a petition for a court order to require a source individual
to provide a blood sample for testing for bloodborne pathogens. The petition shall be filed in the district
court in the county where the source individual resides or is hospitalized or
where the peace officer is being treated.
The petitioner is not required to serve the petition on the source
individual prior to the hearing. The
petition shall include one or more affidavits attesting that:
(1) the facility followed the procedures in sections 626.9601
to 626.9615 and attempted to obtain bloodborne pathogen test results according
to those sections;
(2) it has been determined under section 626.9614,
subdivision 2, that a significant exposure has occurred to the peace officer;
and
(3)
a physician with specialty training in infectious diseases, including HIV, has
documented that the peace officer has provided a blood sample and consented to
testing for bloodborne pathogens and bloodborne pathogen test results are
needed for beginning, continuing, modifying, or discontinuing medical treatment
for the peace officer.
(b) Facilities shall cooperate with petitioners in providing
any necessary affidavits to the extent that facility staff can attest under
oath to the facts in the affidavits.
(c) The court must issue an order requiring the source
individual to provide a blood sample for bloodborne pathogen testing within 48
hours of receiving the order if the court finds that:
(1) there is probable cause to believe the peace officer has
experienced a significant exposure to the source individual;
(2) a licensed physician for the peace officer needs the test
results for beginning, continuing, modifying, or discontinuing medical
treatment for the peace officer; and
(3) there is a reasonable need for the test results. In assessing reasonable need, the court shall
weigh the need for the court-ordered blood collection and test results against the
interests of the source individual, including, but not limited to, privacy,
health, safety, or economic interests.
The court shall also consider whether the involuntary blood collection
and testing would serve the public interest.
(d) As part of an order issued under this subdivision, the
court must impose appropriate safeguards against unauthorized disclosure that
must specify the persons who have access to the test results and the purposes
for which the test results may be used.
(e) The court shall schedule the hearing within 24 hours of
receiving the petition and may conduct the proceeding in camera unless the
court determines that a public hearing is necessary for the proper
administration of justice. The source
individual need not be present or have received notice of the hearing for the
court to proceed. The evidence or
testimony in support or opposition to a petition may be made or taken by
telephone, facsimile transmission, video equipment, or other electronic
communication. The court shall issue its
ruling within 24 hours of the conclusion of the hearing.
(f) If the source individual did not make an appearance at
the hearing, the petitioner must personally serve the source individual with a
copy of the ex parte order along with a copy of the petition and supporting
affidavits. A notice of the right to
contest the order and the deadline for filing the appeal must accompany service
of the order and petition.
(g) If the source individual did not make an appearance at
the hearing, the source individual may petition the court for a hearing to
contest the court order. The source
individual's appeal must be filed within 48 hours of the person receiving the
ex parte order. The person may not be
compelled to submit to a blood test during the pendency of an appeal. The court must hold a hearing within 24 hours
from the date the appeal is filed. The
court may vacate its ex parte order if the source individual proves by clear
and convincing evidence that the person's bodily fluids did not contact the
peace officer. The court must issue a
ruling within 24 hours of the conclusion of the hearing.
(h) A source individual who fails or refuses to comply with
the terms and conditions of an order issued under this section shall be in
contempt of court and subject to confinement under section 588.12 until the
person has complied with the order.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
46. [626.9608]
NO DISCRIMINATION.
A facility shall not base decisions about admission to a
facility or the provision of care or treatment on any requirement that the
source individual consent to bloodborne pathogen testing under sections
626.9601 to 626.9615.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 47. [626.9609] USE OF TEST RESULTS.
Bloodborne pathogen test results of a source individual
obtained under sections 626.9601 to 626.9615 are for diagnostic purposes and to
determine the need for treatment or medical care specific to a bloodborne
pathogen-related illness of a peace officer.
The test results may not be used as evidence in any criminal proceedings
or civil proceedings, except for procedures under sections 144.4171 to
144.4186.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 48. [626.9611] TEST INFORMATION
CONFIDENTIALITY.
Subdivision 1.
Private data. Information concerning test results
obtained under sections 626.9601 to 626.9615 is information protected from
disclosure without consent under section 144.335 with respect to private
facilities and private data as defined in section 13.02, subdivision 12, with
respect to public facilities.
Subd. 2. Consent to release information. No facility, individual, or employer shall
disclose to a peace officer the name, address, or other uniquely identifying information
about a source individual without a written release signed by the source
individual or the source individual's legally authorized representative. The facility shall not record the name,
address, or other uniquely identifying information about the source
individual's test results in the peace officer's medical records.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 49. [626.9612] PENALTY FOR UNAUTHORIZED
RELEASE OF INFORMATION.
Unauthorized release by an individual, facility, or agency of
a source individual's name, address, or other uniquely identifying information
under sections 626.9601 to 626.9615 is subject to the remedies and penalties
under sections 13.08 and 13.09. This
section does not preclude private causes of action against an individual, state
agency, statewide system, political subdivision, or person responsible for
releasing private data or information protected from disclosure.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 50. [626.9613] RESPONSIBILITY FOR TESTING
AND TREATMENT; COSTS.
(a) The facility shall ensure that tests under sections
626.9601 to 626.9615 are performed if requested by the peace officer or law
enforcement agency, provided the conditions set forth in sections 626.9601 to
626.9615 are met.
(b) The law enforcement agency that employs the peace officer
who requests testing under sections 626.9601 to 626.9615 must pay or arrange
payment for the cost of counseling, testing, and treatment of the peace officer
and costs associated with the testing of the source individual.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
51. [626.9614]
PROTOCOLS FOR EXPOSURE TO BLOODBORNE PATHOGENS.
Subdivision 1.
Law enforcement agency
requirements. The law
enforcement agency shall have procedures for a peace officer to notify a
facility that the person may have experienced a significant exposure from a
source individual. The law enforcement
agency shall also have a protocol to locate the source individual if the
facility has not received the source individual and the law enforcement agency
knows the source individual's identity.
Subd. 2. Facility protocol requirements. Every facility shall adopt and follow a
postexposure protocol for peace officers who have experienced a significant
exposure. The postexposure protocol must
adhere to the most current recommendations of the United States Public Health
Service and include, at a minimum, the following:
(1) a process for peace officers to report an exposure in a
timely fashion;
(2) a process for an infectious disease specialist, or a
licensed physician who is knowledgeable about the most current recommendations
of the United States Public Health Service in consultation with an infectious
disease specialist;
(i) to determine whether a significant exposure to one or
more bloodborne pathogens has occurred; and
(ii) to provide, under the direction of a licensed physician,
a recommendation or recommendations for follow-up treatment appropriate to the
particular bloodborne pathogen or pathogens for which a significant exposure
has been determined;
(3) if there has been a significant exposure, a process to
determine whether the source individual has a bloodborne pathogen through
disclosure of test results, or through blood collection and testing as required
by sections 626.9601 to 626.9615;
(4) a process for providing appropriate counseling prior to
and following testing for a bloodborne pathogen regarding the likelihood of
bloodborne pathogen transmission and follow-up recommendations according to the
most current recommendations of the United States Public Health Service,
recommendations for testing, and treatment to the peace officer;
(5) a process for providing appropriate counseling under
clause (4) to the peace officer and the source individual; and
(6) compliance with applicable state and federal laws
relating to data practices, confidentiality, informed consent, and the patient
bill of rights.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 52. [626.9615] PENALTIES AND IMMUNITY.
Subdivision 1.
Penalties. Any facility or person who willfully
violates the provisions of sections 626.9601 to 626.9615 is guilty of a
misdemeanor.
Subd. 2. Immunity. A facility, licensed physician, and
designated health care personnel are immune from liability in any civil,
administrative, or criminal action relating to the disclosure of test results
to a peace officer or law enforcement agency and the testing of a blood sample
from the source individual for bloodborne pathogens if a good faith effort has
been made to comply with sections 626.9601 to 626.9615.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
53. RICHFIELD
DISABLED FIREFIGHTER HEALTH CARE ELIGIBILITY REVIEW.
Subdivision 1.
Authorization. An eligible individual specified in
subdivision 2 is authorized to have a review of health care coverage
eligibility as specified in subdivision 3.
Subd. 2. Eligibility. An eligible person is an individual who:
(1) was a member of the Public Employees Retirement
Association police and fire plan due to employment as a firefighter with the
city of Richfield;
(2) became disabled and was granted a duty-related disability
benefit from the Public Employees Retirement Association police and fire plan
on November 20, 2002; and
(3) is not receiving employer-paid health care coverage under
the program established by Minnesota Statutes, section 299A.465, due to a
determination by the city of Richfield that the individual does not satisfy all
eligibility requirements for inclusion under that program.
Subd. 3. Treatment. Notwithstanding that the disability
benefit was granted before the creation of the review panel, and
notwithstanding Minnesota Statutes, section 299A.465, subdivision 6, which
requires that applications for review by the panel created under that section
be submitted to the panel within 90 days of approval of a disability benefit
application by the applicable retirement plan, an eligible individual under
subdivision 2 may submit an application to the panel within 90 days of the
effective date of this section. The
panel shall make a determination of whether the firefighter meets the
requirements of Minnesota Statutes, section 299A.465, subdivision 1, paragraph (a),
clause (2). The panel's final determination
is binding on the applicant and the employer, subject to any right of judicial
review.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 54. REPEALER.
Minnesota Statutes 2004, section 297I.05, subdivision 6, is
repealed.
EFFECTIVE
DATE. This section is
effective July 1, 2007, and applies to policies written or renewed on or after
that date.
ARTICLE 5
CORRECTIONS
Section 1. Minnesota
Statutes 2004, section 43A.08, subdivision 1, is amended to read:
Subdivision 1. Unclassified positions. Unclassified positions are held by employees
who are:
(1) chosen by election or appointed to fill an elective
office;
(2) heads of agencies required by law to be appointed by the
governor or other elective officers, and the executive or administrative heads
of departments, bureaus, divisions, and institutions specifically established
by law in the unclassified service;
(3) deputy and assistant agency heads and one confidential
secretary in the agencies listed in subdivision 1a and in the Office of
Strategic and Long-Range Planning;
(4)
the confidential secretary to each of the elective officers of this state and,
for the secretary of state and state auditor, an additional deputy, clerk, or
employee;
(5) intermittent help employed by the commissioner of public
safety to assist in the issuance of vehicle licenses;
(6) employees in the offices of the governor and of the
lieutenant governor and one confidential employee for the governor in the
Office of the Adjutant General;
(7) employees of the Washington, D.C., office of the state of
Minnesota;
(8) employees of the legislature and of legislative committees
or commissions; provided that employees of the Legislative Audit Commission,
except for the legislative auditor, the deputy legislative auditors, and their
confidential secretaries, shall be employees in the classified service;
(9) presidents, vice-presidents, deans, other managers and
professionals in academic and academic support programs, administrative or
service faculty, teachers, research assistants, and student employees eligible
under terms of the federal Economic Opportunity Act work study program in the
Perpich Center for Arts Education and the Minnesota State Colleges and
Universities, but not the custodial, clerical, or maintenance employees, or any
professional or managerial employee performing duties in connection with the
business administration of these institutions;
(10) officers and enlisted persons in the National Guard;
(11) attorneys, legal assistants, and three confidential
employees appointed by the attorney general or employed with the attorney
general's authorization;
(12) judges and all employees of the judicial branch,
referees, receivers, jurors, and notaries public, except referees and adjusters
employed by the Department of Labor and Industry;
(13) members of the State Patrol; provided that selection and
appointment of State Patrol troopers must be made in accordance with applicable
laws governing the classified service;
(14) chaplains employed by the state;
(15) examination monitors and intermittent training
instructors employed by the Departments of Employee Relations and Commerce and
by professional examining boards and intermittent staff employed by the
technical colleges for the administration of practical skills tests and for the
staging of instructional demonstrations;
(16) (15) student workers;
(17) (16) executive directors or executive
secretaries appointed by and reporting to any policy-making board or commission
established by statute;
(18) (17) employees unclassified pursuant to
other statutory authority;
(19) (18) intermittent help employed by the
commissioner of agriculture to perform duties relating to pesticides,
fertilizer, and seed regulation;
(20) (19) the administrators and the deputy
administrators at the State Academies for the Deaf and the Blind; and
(21) (20) chief executive officers in the
Department of Human Services.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
2. [144.0506]
DRUG EDUCATION MATERIALS.
The commissioner of health may provide materials for use by
the commissioner of corrections and sheriffs in educating prison and jail
inmates on the health hazards of drug use and manufacture.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 3. Minnesota
Statutes 2004, section 144.445, subdivision 1, is amended to read:
Subdivision 1. Screening of inmates. (a) All persons detained or confined
for 14 consecutive days or more in facilities operated, licensed, or inspected
by the Department of Corrections shall be screened for tuberculosis with either
a Mantoux test or a chest roentgenogram (x-ray) as consistent with screening
and follow-up practices recommended by the United States Public Health Service
or the Department of Health, as determined by the commissioner of health. Administration of the Mantoux test or chest
roentgenogram (x-ray) must take place on or before the 14th day of detention or
confinement.
(b) If an inmate refuses to submit to an annual test as specified
in paragraph (a), the commissioner may order the inmate to be tested.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 4. [241.75] INMATE HEALTH CARE DECISIONS;
MEDICAL DIRECTOR, DEPARTMENT OF CORRECTIONS; AGENT.
Subdivision 1.
Definitions. The definitions in this subdivision apply
to this section.
(a) "Commissioner" means the commissioner of
corrections.
(b) "Decision-making capacity" means the ability to
understand the significant benefits, risks, and alternatives to proposed health
care and to make and communicate a health care decision.
(c) "Health care agent" or "agent" means
the Department of Corrections medical director who is a licensed physician
employed by the commissioner of corrections to provide services to inmates.
(d) "Health care power of attorney" means an
instrument appointing one or more health care agents to make health care
decisions for the inmate.
(e) "Health care" means any care, treatment,
service, or procedure to maintain, diagnose, or otherwise affect a person's
physical or mental condition.
(f) "Health care decision" means the consent,
refusal of consent, or withdrawal of consent to health care.
(g) "Next of kin" means an inmate's spouse, parent,
adult children, or adult sibling.
(h) "Principal" means the Department of Corrections
medical director.
Subd. 2. Health care agent; decisions. (a) The commissioner shall appoint the
Department of Corrections medical director as the health care agent for inmates
incarcerated in correctional facilities in the absence of a documented health
care decision maker designated by the offender.
If an inmate lacks decision-making capacity as determined by a medical
doctor, and the emergency contact person is not available or has not been
appointed as a health
care agent under chapter 145C, and next of kin have been contacted but are not
available, then the Department of Corrections medical director has the
authority as principal to make health care decisions for the inmate.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 5. [243.30] DRUG EDUCATION.
At orientation, the commissioner may provide all inmates with
educational materials on the hazards of drug use and manufacture. Pursuant to section 144.0506, the
commissioner of health shall provide the educational materials necessary for
the commissioner to comply with this statute.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 6. Minnesota
Statutes 2005 Supplement, section 244.055, subdivision 10, is amended to read:
Subd. 10. Notice.
Upon receiving an offender's petition for release under subdivision 2,
the commissioner shall notify the prosecuting authority responsible for the
offender's conviction and the sentencing court.
The commissioner shall give the authority and court a reasonable
opportunity to comment on the offender's potential release. If the authority or court elects to
comment, the comments must specify the reasons for the authority or court's
position. This subdivision applies
only to offenders sentenced before July 1, 2005.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 7. [387.115] DRUG EDUCATION.
At orientation and as often as possible, jail administrators
may provide all inmates with educational materials on the hazards of drug use
and manufacture. Every jail shall have a
process in place that provides for distribution of drug education materials to
inmates as often as possible.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 8. Minnesota
Statutes 2004, section 609.102, subdivision 2, is amended to read:
Subd. 2. Imposition of fee. When a court sentences places a
person convicted of a crime, and places the person under the
supervision and control of a local correctional agency, that agency may collect
a local correctional fee based on the local correctional agency's fee schedule
adopted under section 244.18.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 9. Minnesota
Statutes 2004, section 631.425, subdivision 3, is amended to read:
Subd. 3. Continuation of employment. If the person committed under this section
has been regularly employed, the sheriff shall arrange for a continuation of
the employment insofar as possible without interruption. If the person is not employed, the court may
designate a suitable person or agency to make reasonable efforts to secure some
suitable employment for that person. An
inmate employed under this section must be paid a fair and reasonable wage for
work performed and must work at fair and reasonable hours per day and per
week. There must not be a fee or
charge for the inmate to participate in any employment under this section if
the inmate is paying for the cost of the inmate's maintenance under subdivision
5.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
10. STUDY;
REPORT TO LEGISLATURE.
(a) The commissioner of corrections shall undertake a
validation and reliability study of the use of the Static-99, Rapid Risk
Assessment for Sexual Offense Recidivism and the Minnesota Sex Offender
Screening Tool-Revised in predicting the risk of reoffense among Minnesota
offenders sentenced to probation.
(b) Disclosure to the commissioner of corrections, or the
commissioner's designee, of corrections, detention, or court services data held
by a responsible authority for use in the probationer recidivism study required
under this section is a law enforcement purpose under Minnesota Statutes,
sections 13.84 and 13.85.
(c) On or before February 1, 2007, the commissioner of
corrections shall report a description of the study results required under this
section, to the chairs and ranking minority members of the senate and house
committees and divisions with jurisdiction over criminal justice funding and
policy.
Sec. 11. TRANSITION.
The incumbent of a position that is transferred from the
unclassified to the classified service under section 1 is appointed to the
newly classified position.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
ARTICLE 6
COURTS AND PUBLIC DEFENDERS
Section 1. Minnesota
Statutes 2004, section 13.84, subdivision 1, is amended to read:
Subdivision 1. Definition. As used in this section "court services
data" means data that are created, collected, used or maintained by a
court services department, parole or probation authority, correctional agency,
or by an agent designated by the court to perform studies or other duties and
that are on individuals who are or were defendants, parolees or probationers of
a municipal, district or county court, participants in diversion
programs, petitioners or respondents to a family court, or juveniles
adjudicated delinquent and committed, detained prior to a court hearing or
hearings, or found to be dependent or neglected and placed under the
supervision of the court.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 2. Minnesota
Statutes 2004, section 13.84, subdivision 2, is amended to read:
Subd. 2. General. Unless the data is summary data or a statute,
including sections 609.115 and 257.70, specifically provides a different
classification, the following court services data are classified as private
pursuant to section 13.02, subdivision 12:
(a) Court services data on individuals gathered at the
request of a municipal, district or county court to determine the
need for any treatment, rehabilitation, counseling, or any other need of a
defendant, parolee, probationer, or participant in a diversion program, and
used by the court to assist in assigning an appropriate sentence or other
disposition in a case;
(b) Court services data on petitioners or respondents to a
family court gathered at the request of the court for purposes of, but not
limited to, individual, family, marriage, chemical dependency and marriage
dissolution adjustment counseling, including recommendations to the court as to
the custody of minor children in marriage dissolution cases;
(c)
Court services data on individuals gathered by psychologists in the course of
providing the court or its staff with psychological evaluations or in the
course of counseling individual clients referred by the court for the purpose
of assisting them with personal conflicts or difficulties.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 3. Minnesota
Statutes 2004, section 48A.10, subdivision 3, is amended to read:
Subd. 3. Order.
Upon finding that the applicant is authorized to exercise fiduciary
powers, the district court shall enter an order substituting the applicant bank
or trust company in every fiduciary capacity held by the affiliated bank or
other bank or trust company for which substitution is sought and which joined
in the application, except as may be otherwise specified in the application,
and except for fiduciary capacities in any account with respect to which a
person beneficially interested in the account has filed objection to the
substitution and has appeared and been heard in support of the objection. Upon entry of the order, or at a later date
as may be specified in the order, the applicant bank or trust company is
substituted in every fiduciary capacity to which the order extends. The substitution may be made a matter of
record in any county of this state by filing a certified copy of the order of
substitution in the office of the court administrator of a district or
county court, or by filing a certified copy of the order in the office of
the county recorder.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 4. Minnesota
Statutes 2004, section 219.97, subdivision 13, is amended to read:
Subd. 13. Violation of provision for stopping train
at crossing. Upon the complaint of
any person, a company operating a railroad violating section 219.93 shall
forfeit not less than $20 nor more than $100 to be recovered in a civil action
before a county or municipal judge of the county in which the violation
occurs. One-half of the forfeiture must
go to the complainant and one-half to the school district where the violation
occurs.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 5. Minnesota
Statutes 2004, section 260C.163, subdivision 3, is amended to read:
Subd. 3. Appointment of counsel. (a) The child, custodial parent,
guardian or custodian has the right to effective assistance of counsel in
connection with a proceeding in juvenile court.
(b) Except in proceedings where the sole basis for the
petition is habitual truancy, if the child, custodial parent, guardian,
or custodian desires counsel but is unable to employ it, the court shall
appoint counsel a public defender to represent the child who is
ten years of age or older or the parents or custodial parent, guardian,
or custodian in any case in which it feels that such an appointment is
appropriate. A noncustodial parent is
entitled to counsel at public expense under section 260C.331, subdivision 3,
only if the court makes written findings that the noncustodial parent should be
made a party in the case and the county has an account to pay for
representation.
(c) In any proceeding where the sole basis for the petition
is habitual truancy, the child, custodial parent, guardian, and
custodian, and noncustodial parent do not have the right to appointment
of a public defender or other counsel at public expense. However, before any out-of-home placement,
including foster care or inpatient treatment, can be ordered, the court must
appoint a public defender or other counsel at public expense in accordance with
paragraph (b).
(d) Counsel for the child shall not also act as the child's
guardian ad litem.
(e)
In any proceeding where the subject of a petition for a child in need of
protection or services is not represented by an attorney, the court shall
determine the child's preferences regarding the proceedings, if the child is of
suitable age to express a preference.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 6. Minnesota
Statutes 2004, section 346.09, subdivision 1, is amended to read:
Subdivision 1. Notice; appraisers. The person distraining shall give notice to
the owner of the beast, if known to the distrainer, within 24 hours if the
owner resides in the same town, and within 48 hours if the owner resides in
another town in the same county, Sundays excepted. The notice shall specify the time when and
the place where distrained, the number of beasts, and the place of their
detention, and that at a time and place stated therein, which shall not be less
than 12 hours after the service of the notice, nor more than three days after
the distress, the distrainer will apply to a designated county or municipal
judge of the county for the appointment of appraisers to appraise the
damages. If the owner is unknown or does
not reside in the county, the distraining person shall apply for the
appointment of appraisers within 24 hours after the distress without notice. After the application, the judge shall appoint
three disinterested residents of the town to appraise the damages.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 7. Minnesota
Statutes 2004, section 347.04, is amended to read:
347.04 PUBLIC NUISANCE.
Any dog that habitually worries, chases, or molests teams or
persons traveling peaceably on the public road is a public nuisance. Upon complaint in writing to a county or
municipal district court judge containing a description of the dog,
including the name of the dog and its owner, or stating that the name or names
are not known, and alleging that the dog is a public nuisance, the judge shall
issue a summons, if the owner is known, commanding the owner to appear before
the judge at a specified time, not less than six nor more than ten days from
the date of the summons, to answer the complaint. The summons shall be served not less than six
days before the day of the hearing in the same manner as other district court
summonses.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 8. Minnesota
Statutes 2004, section 375A.13, subdivision 1, is amended to read:
Subdivision 1. Appointment by and
the place shall be filled as though the appointee had resigned. Vacancies in the commission shall be filled
as in the case of original appointments.
The county board, the commission, or the petitioners requesting the
appointment of the commission may submit to the appointing judge the names of
eligible nominees which the appointing judge may consider in making
appointments to the commission. county district
judge. A county government study
commission hereinafter called "the commission" may be established in
any county as provided in this section to study the form and structure of
county government in the county and other counties both within and outside this
state and, if deemed advisable by the commission, recommend to the voters of
the county the adoption of any of the optional forms of county government
contained in sections 375A.01 to 375A.13.
The commission shall be established upon presentation of a petition
requesting such action signed by voters equal in number to five percent of the
electors voting at the last previous election for the office of governor or a
resolution of the board of county commissioners of the county requesting such
action. Appointments to the commission
shall be made by order filed with the court administrator of the district court
of the county and shall be made by the senior county judge having
chambers in the county. If there be no
judge having chambers in the county, appointments shall be made by the chief
judge of the judicial district. The
number on the study commission shall be set by the appointing judge but not to
exceed 15. A noncommissioner from each
commissioner district shall be appointed to a study commission. In addition three members shall be county
commissioners and two shall be elected county officials. An appointee who neglects to file with the
court administrator within 15 days a written acceptance shall be deemed to have
declined the appointment
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 9. Minnesota
Statutes 2004, section 383B.65, subdivision 2, is amended to read:
Subd. 2. May relocate Bloomington court. Notwithstanding the provisions of section 488A.01,
subdivision 9, the county of Hennepin may relocate the municipal
district court serving the city of Bloomington and thereupon shall provide
suitable quarters for the holding of regular terms of court in a southern
suburban location within the county as may be designated by a majority of the
judges of the court. All functions of
the court may be discharged, including both court and jury trials of civil and
criminal matters, at the location designated pursuant to this section. Nothing in this section shall be construed to
reduce the level of services to the residents of the city of Bloomington.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 10. Minnesota
Statutes 2004, section 390.20, is amended to read:
390.20 PERSON CHARGED ARRESTED.
If any person charged by the inquest with having committed
the offense is not in custody, the coroner shall have the same power as a county
or municipal district court judge to issue process for the person's
apprehension. The warrant shall be returnable
before any court having jurisdiction in the case and the court shall proceed as
in similar cases.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 11. Minnesota
Statutes 2004, section 390.33, subdivision 2, is amended to read:
Subd. 2. Subpoena power. The judge exercising probate jurisdiction may
issue subpoenas for witnesses, returnable immediately or at a time and place
the judge directs. The persons served
with subpoenas shall be allowed the same fees, the sheriff shall enforce their
attendance in the same manner, and they shall be subject to the same penalties
as if they had been served with a subpoena in behalf of the state in a criminal
case before a county or municipal district court judge.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 12. Minnesota
Statutes 2004, section 480.181, subdivision 1, is amended to read:
Subdivision 1. State employees; compensation. (a) District court referees, judicial
officers, court reporters, law clerks, district administration staff, other
than district administration staff in the Second and Fourth Judicial Districts,
guardian ad litem program coordinators and staff, staff court interpreters in
the Second Judicial District, court psychological services staff in the Fourth
Judicial District, and other court employees under paragraph (b), are state
employees and are governed by the judicial branch personnel rules adopted by
the Supreme Court. The Supreme Court, in
consultation with the conference of chief judges Judicial Council,
shall establish the salary range of these employees under the judicial branch
personnel rules. In establishing the
salary ranges, the Supreme Court shall consider differences in the cost of
living in different areas of the state.
(b)
The court administrator and employees of the court administrator who are in the
Fifth, Seventh, Eighth, or Ninth Judicial District are state employees. The court administrator and employees of the
court administrator in the remaining judicial districts become state employees
as follows:
(1) effective July 1, 2003, for the Second and Fourth
Judicial Districts;
(2) effective July 1, 2004, for the First and Third Judicial
Districts; and
(3) effective July 1, 2005, for the Sixth and Tenth Judicial
Districts.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 13. Minnesota
Statutes 2004, section 480.181, subdivision 2, is amended to read:
Subd. 2. Election to retain insurance and benefits;
retirement. (a) Before a person is
transferred to state employment under this section, the person may elect to do
either or both of the following:
(1) keep life insurance; hospital, medical, and dental
insurance; and vacation and sick leave benefits and accumulated time provided
by the county instead of receiving benefits from the state under the judicial
branch personnel rules; or
(2) remain a member of the Public Employees Retirement
Association or the Minneapolis employees retirement fund instead of joining the
Minnesota State Retirement System.
Employees who make an election under clause (1) remain on the
county payroll, but the state shall reimburse the county on a quarterly basis
for the salary and cost of the benefits provided by the county. The state shall make the employer
contribution to the Public Employees Retirement Association or the employer
contribution under section 422A.101, subdivision 1a, to the Minneapolis
Employees Retirement Fund on behalf of employees who make an election under
clause (2).
(b) An employee who makes an election under paragraph (a),
clause (1), may revoke the election, once, at any time, but if the employee
revokes the election, the employee cannot make another election. An employee who makes an election under
paragraph (a), clause (2), may revoke the election at any time within six
months after the person becomes a state employee. Once an employee revokes this election, the
employee cannot make another election.
(c) The Supreme Court, after consultation with the conference
of chief judges Judicial Council, the commissioner of employee
relations, and the executive directors of the Public Employees Retirement
Association and the Minnesota State Retirement Association, shall adopt
procedures for making elections under this section.
(d) The Supreme Court shall notify all affected employees of
the options available under this section.
The executive directors of the Public Employees Retirement Association
and the Minnesota State Retirement System shall provide counseling to affected
employees on the effect of making an election to remain a member of the Public
Employees Retirement Association.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
14. Minnesota Statutes 2004, section
480.182, is amended to read:
480.182 STATE ASSUMPTION OF
CERTAIN COURT COSTS.
(a) Notwithstanding any law to the contrary, the state
courts will pay for the following court-related programs and costs:
(1) court interpreter program costs, including the costs of
hiring court interpreters;
(2) guardian ad litem program and personnel costs;
(3) examination costs, not including hospitalization or
treatment costs, for mental commitments and related proceedings under chapter
253B;
(4) examination costs under rule 20 of the Rules of Criminal
Procedure;
(5) in forma pauperis costs;
(6) costs for transcripts mandated by statute, except in
appeal cases and postconviction cases handled by the Board of Public Defense; and
(7) jury program costs, not including personnel.;
and
(b) In counties in a judicial district under section 480.181,
subdivision 1, paragraph (b), the state courts shall pay the (8) witness
fees and mileage fees specified in sections 253B.23, subdivision 1; 260B.152,
subdivision 2; 260C.152, subdivision 2; 260B.331, subdivision 3, clause (a);
260C.331, subdivision 3, clause (a); 357.24; 357.32; 525.012, subdivision 5;
and 627.02.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 15. Minnesota
Statutes 2004, section 484.01, subdivision 1, is amended to read:
Subdivision 1. General. The district courts shall have original
jurisdiction in the following cases:
(1) all civil actions within their respective districts,;
(2) in all cases of crime committed or triable therein,;
(3) in all special proceedings not exclusively cognizable
by some other court or tribunal, and;
(4) in law and equity for the administration of estates of
deceased persons and all guardianship and incompetency proceedings;
(5) the jurisdiction of a juvenile court as provided in
chapter 260;
(6) proceedings for the management of the property of persons
who have disappeared, and actions relating thereto, as provided in chapter 576;
and
(7) in all other cases wherein such jurisdiction is
especially conferred upon them by law.
They
shall also have appellate jurisdiction in every case in which an appeal thereto
is allowed by law from any other court, officer, or body.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 16. Minnesota
Statutes 2004, section 484.011, is amended to read:
484.011 JURISDICTION IN
SECOND AND FOURTH JUDICIAL DISTRICTS.
In the Second and Fourth Judicial Districts The
district court shall also be a probate court.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 17. Minnesota
Statutes 2004, section 484.012, is amended to read:
484.012 COURT ADMINISTRATOR
OF PROBATE COURT, SECOND JUDICIAL DISTRICT.
Notwithstanding section 525.09 the judicial district
administrator in the Second Judicial District may appoint a court administrator
of the Probate Court for the district subject to the approval of the chief
judge and assistant chief judge who shall serve at the pleasure of the judges
of the district, and who shall be supervised by the judicial district
administrator, and whose salary shall be fixed by the Ramsey County Board of
Commissioners.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 18. Minnesota
Statutes 2004, section 484.45, is amended to read:
484.45 COURTHOUSE; JAIL;
EXPENSES; ST. LOUIS COUNTY.
It is hereby made the duty of the board of county
commissioners of the county of St. Louis to furnish and maintain adequate
accommodations for the holding of terms of the district court at the city of
Hibbing, and the city of Virginia, proper offices for these deputies and a
proper place for the confinement and maintenance of the prisoners at the city
of Hibbing and the city of Virginia.
The county shall reimburse the court administrator and
deputies as herein provided for and the county attorney and assistants and
the district judges of the district and the official court reporter for
their traveling expenses actually and necessarily incurred in the performance
of their respective official duties.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 19. Minnesota
Statutes 2004, section 484.54, subdivision 3, is amended to read:
Subd. 3. Reimbursement filings. Each judge claiming reimbursement for
allowable expenses may file with the supreme court monthly and shall file not
later than 90 days after the expenses are incurred, an itemized statement,
verified by the judge, of all allowable expenses actually paid by the
judge. All statements shall be audited
by the Supreme Court and, if approved by the Supreme Court, shall be paid by
the commissioner of finance from appropriations for this purpose.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
20. Minnesota Statutes 2004, section
484.545, subdivision 1, is amended to read:
Subdivision 1. Law clerk appointments. The Each district judges
regularly assigned to hold court in each judicial district except for the
Second, Fourth, and Tenth Judicial Districts may by orders filed with the court
administrator and county auditor of each county in the district judge
may appoint a competent law clerk for every two district court judges of
the judicial district. The district
judges regularly assigned to hold court in the First and Tenth Judicial
Districts may by orders filed with the court administrator and county auditor
of each county in the district appoint a competent law clerk for each district
court judge of the district.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 21. Minnesota
Statutes 2004, section 484.64, subdivision 3, is amended to read:
Subd. 3. Chambers and supplies. The Board of County Commissioners of Ramsey
County shall provide suitable chambers and courtroom space, clerks,
and bailiffs, and other personnel to assist said judge, together
with necessary library, supplies, stationery and other expenses
necessary thereto. The state
shall provide referees, court reporters, law clerks, and guardian ad litem
program coordinators and staff.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 22. Minnesota
Statutes 2004, section 484.65, subdivision 3, is amended to read:
Subd. 3. Space; personnel; supplies. The Board of County Commissioners of Hennepin
County shall provide suitable chambers and courtroom space, clerks,
and bailiffs, and other personnel to assist said judge, together
with necessary library, supplies, stationery and other expenses
necessary thereto. The state
shall provide referees, court reporters, law clerks, and guardian ad litem
program coordinators and staff.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 23. Minnesota
Statutes 2004, section 484.68, subdivision 1, is amended to read:
Subdivision 1. Appointment. By November 1, 1977, The chief judge
of the judicial district in each judicial district shall appoint a single
district administrator, subject to the approval of the Supreme Court, with the
advice of the judges of the judicial district.
The district administrator shall serve at the pleasure of a
majority of the judges of the judicial district.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 24. Minnesota
Statutes 2004, section 484.702, subdivision 5, is amended to read:
Subd. 5. Rules.
The Supreme Court, in consultation with the conference of chief
judges, shall adopt rules to implement the expedited child support hearing
process under this section.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
25. [484.80]
LOCATION OF TRIAL RULE.
If a municipality is located in more than one county or
district, the county in which the city hall of the municipality is located
determines the county or district in which the municipality shall be deemed
located for the purposes of this chapter provided, however, that the
municipality by ordinance enacted may designate, for those purposes, some other
county or district in which a part of the municipality is located.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 26. [484.81] PLEADING; PRACTICE; PROCEDURE.
Subdivision 1.
General. Pleading, practice, procedure, and forms
in civil actions shall be governed by Rules of Civil Procedure which shall be
adopted by the Supreme Court.
Subd. 2. Court rules. The court may adopt rules governing
pleading, practice, procedure, and forms for civil actions which are not
inconsistent with the provisions of governing statutes.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 27. [484.82] MISDEMEANOR OFFENSES.
A person who receives a misdemeanor citation shall proceed as
follows: when a fine is not paid, the person charged must appear before the
court at the time specified in the citation.
If appearance before a misdemeanor bureau is designated in the citation,
the person charged must appear within the time specified in the citation and
arrange a date for arraignment in the district court.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 28. [484.83] REINSTATEMENT OF FORFEITED
SUMS.
A district court judge may order any sums forfeited to be
reinstated and the commissioner of finance shall then refund accordingly. The commissioner of finance shall reimburse
the court administrator if the court administrator refunds the deposit upon a
judge's order and obtains a receipt to be used as a voucher.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 29. [484.84] FINE DISPOSITION.
In the event the court takes jurisdiction of a prosecution for
the violation of a statute or ordinance by the state or a governmental
subdivision other than a home rule charter or statutory city or town within the
county court district, all fines, penalties, and forfeitures collected must be
paid over to the treasurer of the governmental subdivision which submitted the
case for prosecution, except where a different disposition is provided by
law. If a different disposition is
provided by law, payment must be made to the public official entitled to it.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 30. [484.85] DISPOSITION OF FINES, FEES, AND
OTHER MONEY; ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
(a) In the event the Ramsey County District Court takes
jurisdiction of a prosecution for the violation of a statute or ordinance by
the state or a governmental subdivision other than a city or town in Ramsey
County, all fines, penalties, and forfeitures collected shall be paid over to
the county treasurer except where a different disposition is provided
by law, and the following fees shall be taxed to the state or governmental
subdivision other than a city or town within Ramsey County which would be
entitled to payment of the fines, forfeitures, or penalties in any case, and
shall be paid to the administrator of the court for disposal of the
matter. The administrator shall deduct
the fees from any fine collected for the state of Minnesota or a governmental
subdivision other than a city or town within Ramsey County and transmit the
balance in accordance with the law, and the deduction of the total of the fees
each month from the total of all the fines collected is hereby expressly made
an appropriation of funds for payment of the fees.
(b) On or before the last day of each month, the county
treasurer shall pay over to the treasurer of the city of St. Paul
two-thirds of all fines, penalties, and forfeitures collected and to the
treasurer of each other municipality or subdivision of government in Ramsey
County one-half of all fines or penalties collected during the previous month
from those imposed for offenses committed within the treasurer's municipality
or subdivision of government in violation of a statute; an ordinance; or a
charter provision, rule, or regulation of a city. All other fines and forfeitures and all fees
and costs collected by the district court shall be paid to the treasurer of
Ramsey County, who shall dispense the same as provided by law.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 31. [484.86] COURT DIVISIONS.
Subdivision 1.
Authority. Subject to the provisions of section
244.19 and rules of the Supreme Court, a court may establish a probate
division, a family court division, juvenile division, and a civil and criminal
division which shall include a conciliation court, and may establish within the
civil and criminal division a traffic and ordinance violations bureau.
Subd. 2. Establishment. The court may establish, consistent with
Rule 23 of the Rules of Criminal Procedure, misdemeanor violations bureaus at
the places it determines.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 32. [484.87] PLEADING, PRACTICE, PROCEDURE,
AND FORMS IN CRIMINAL PROCEEDINGS.
Subdivision 1.
Right to jury trial. In any prosecution brought in a district
court in which conviction of the defendant for the offense charged could result
in imprisonment, the defendant has the right to a jury trial.
Subd. 2. Prosecuting attorneys in Hennepin and
Ramsey Counties. Except as
otherwise provided in this subdivision and section 388.051, subdivision 2, the
attorney of the municipality in which the violation is alleged to have occurred
has charge of the prosecution of all violations of the state laws, including
violations which are gross misdemeanors, and municipal charter provisions,
ordinances, rules, and regulations triable in the district court, and shall
prepare complaints for the violations.
The county attorney has charge of the prosecution of a violation triable
in district court and shall prepare a complaint for the violation:
(1) if the county attorney is specifically designated by law
as the prosecutor for the particular violation charged; or
(2) if the alleged violation is of state law and is alleged
to have occurred in a municipality or other subdivision of government whose
population according to the most recent federal decennial census is less than
2,500 and whose governing body, or the town board in the case of a town, has
accepted this clause by majority vote, and if the defendant is cited or
arrested by a member of the staff of the sheriff of Hennepin County or by a
member of the State Patrol.
Clause
(2) shall not apply to a municipality or other subdivision of government whose
population according to the most recent federal decennial census is 2,500 or
more, regardless of whether or not it has previously accepted clause (2).
Subd. 3. Presumption of innocence; conviction of
lowest degree. In an action
or proceeding charging a violation of an ordinance of any subdivision of
government in Hennepin County, if such ordinance is the same or substantially
the same as a state law, the provisions of section 611.02 shall apply.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 33. [484.88] COUNTY ATTORNEY AS PROSECUTOR;
NOTICE TO COUNTY.
A municipality or other subdivision of government seeking to
use the county attorney for violations enumerated in section 484.87,
subdivision 2, shall notify the county board of its intention to use the
services of the county attorney at least 60 days prior to the adoption of the
board's annual budget each year. A
municipality may enter into an agreement with the county board and the county
attorney to provide prosecution services for any criminal offense on a
case-by-case basis.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 34. [484.89] ORDER FOR PRISON RELEASE.
When a person is confined to the Hennepin County Adult
Correctional Facility and a fine is remitted or a sentence is stayed or
suspended, the person released on parole, or the release of the person secured
by payment of the fine in default of which the person was committed, the
prisoner shall not be released except upon order of the court. A written transcript of such order signed by
the court administrator and under the court's seal shall be furnished to the
superintendent of the Hennepin County Adult Correctional Facility. All cost of confinement or imprisonment in
any jail or correctional facility shall be paid by the municipality or
subdivision of government in Hennepin County in which the violation occurred,
except that the county shall pay all costs of confinement or imprisonment
incurred as a result of a prosecution of a gross misdemeanor.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 35. [484.90] FEES PAYABLE TO COURT
ADMINISTRATOR.
Subdivision 1.
Civil fees. The fees payable to the court
administrator for the following services in civil actions are:
In all civil actions within the jurisdiction of the county
court, the fees payable to the court administrator shall be the same as in
district court. The fee payable for
cases heard in conciliation court division is established under section
357.022. The filing fees must be
transmitted to the county treasurer who shall transmit them to the commissioner
of finance for deposit in the general fund.
The fees payable to the court administrator for the following
services in petty misdemeanors or criminal actions are governed by the
following provisions:
In the event the court takes jurisdiction of a prosecution
for the violation of a statute or ordinance by the state or a governmental
subdivision other than a city or town within the county court district; all
fines, penalties and forfeitures collected shall be paid over to the treasurer
of the governmental subdivision which submitted a case for prosecution except
where a different disposition is provided by law, in which case payment shall
be made to the public official entitled thereto. The following fees for services in petty misdemeanor
or criminal actions shall be taxed
to the state or governmental subdivision which would be entitled to payment of
the fines, forfeiture or penalties in any case, and shall be retained by the
court administrator for disposing of the matter but in no case shall the fee
that is taxed exceed the fine that is imposed.
The court administrator shall deduct the fees from any fine collected
and transmit the balance in accordance with the law, and the deduction of the
total of such fees each month from the total of all such fines collected is hereby
expressly made an appropriation of funds for payment of such fees:
(1) In all cases where the defendant pleads guilty at or
prior to first appearance and sentence is imposed or the matter is otherwise
disposed of without a trial, $5
(2) Where the defendant pleads guilty after first appearance
or prior to trial, $10
(3) In all other cases where the defendant is found guilty by
the court or jury or pleads guilty during trial, $15
(4) The court shall have the authority to waive the
collection of fees in any particular case.
The fees set forth in this subdivision shall not apply to
parking violations for which complaints and warrants have not been issued.
Subd. 2. Miscellaneous fees. Fees payable to the court administrator
for all other services shall be fixed by court rule.
Subd. 3. Payment in advance. Except as provided in subdivision 1, fees
are payable to the court administrator in advance.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 36. [484.91] MISDEMEANOR VIOLATIONS BUREAUS.
Subdivision 1.
Establishment. Misdemeanor violations bureaus shall be
established in Minneapolis, a southern suburb location, and at any other
northern and western suburban locations dispersed throughout the county as may
be designated by a majority of the judges of the court.
Subd. 2. Supervision. The court shall supervise and the court
administrator shall operate the misdemeanor violations bureaus in accordance
with Rule 23 of the Rules of Criminal Procedure. Subject to approval by a majority of the
judges, the court administrator shall assign one or more deputy court
administrators to discharge and perform the duties of the bureau.
Subd. 3. Uniform traffic ticket. The Hennepin County Board may alter by
deletion or addition the uniform traffic ticket, provided in section 169.99, in
such manner as it deems advisable for use in Hennepin County.
Subd. 4. Procedure by person receiving
misdemeanor citation. A
person who receives a misdemeanor or petty misdemeanor citation shall proceed
as follows:
(a) If a fine for the violation may be paid at the bureau
without appearance before a judge, the person charged may pay the fine in
person or by mail to the bureau within the time specified in the citation. Payment of the fine shall be deemed to be the
entry of a plea of guilty to the violation charged and a consent to the
imposition of a sentence for the violation in the amount of the fine paid. A receipt shall be issued to evidence the
payment and the receipt shall be satisfaction for the violation charged in that
citation.
(b)
When a fine is not paid, the person charged must appear at a bureau within the
time specified in the citation, state whether the person desires to enter a
plea of guilty or not guilty, arrange for a date for arraignment in court and
appear in court for arraignment on the date set by the bureaus.
Subd. 5. Supervision. The court shall supervise and the court
administrator shall operate the misdemeanor violations bureaus in accordance
with Rule 23 of the Rules of Criminal Procedure. Subject to approval by a majority of the
judges, the court administrator shall assign one or more deputy court
administrators to discharge and perform the duties of the bureaus.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 37. [484.92] ADDITIONAL EMPLOYEES.
Subdivision 1.
Bailiffs. The sheriff of a county shall furnish
to the district court deputies to serve as bailiffs within the county as the
court may request. The county board may,
with the approval of the chief judge of the district, contract with any
municipality, upon terms agreed upon, for the services of police officers of
the municipality to act as bailiffs in the county district court.
Nothing contained herein shall be construed to limit the
authority of the court to employ probation officers with the powers and duties
prescribed in section 244.19.
Subd. 2. Transcription of court proceedings. Electronic recording equipment may be
used for the purposes of Laws 1971, chapter 951, to record court proceedings in
lieu of a court reporter. However, at
the request of any party to any proceedings the court may in its discretion
require the proceedings to be recorded by a competent court reporter who shall
perform such additional duties as the court directs. The salary of a reporter shall be set in
accordance with the procedure provided by sections 486.05 and 486.06.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 38. Minnesota
Statutes 2005 Supplement, section 485.01, is amended to read:
485.01 APPOINTMENT; BOND;
DUTIES.
A clerk of the district court for each county within the
judicial district, who shall be known as the court administrator, shall be
appointed by a majority of the district court judges in the district. The clerk, before entering upon the duties
of office, shall give bond to the state, to be approved by the chief judge of
the judicial district, conditioned for the faithful discharge of official
duties. The bond, with An oath of
office, shall be recorded with the county recorder court
administrator. The clerk
court administrator shall perform all duties assigned by law and by the
rules of the court. The clerk
court administrator and all deputy clerks deputies must not
practice as attorneys in the court in which they are employed.
The duties, functions, and responsibilities which have been
and may be required by law or rule to be performed by the clerk of district
court shall be performed by the court administrator.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 39. Minnesota
Statutes 2004, section 485.018, subdivision 5, is amended to read:
Subd. 5. Collection of fees. The court administrator of district court
shall charge and collect all fees as prescribed by law and all such fees
collected by the court administrator as court administrator of district court
shall be paid to the pursuant
to existing law, the county treasurer Department of Finance. Except for those portions of forfeited bail
paid to victims county treasurer court administrator shall
forward all revenue from fees and forfeited bail collected under chapters 357,
487, and 574 to the commissioner of finance for deposit in the state treasury
and credit to the general fund, unless otherwise provided in chapter 611A or
other law, in the manner and at the times prescribed by the commissioner of
finance, but not less often than once each month. If the defendant or probationer is located
after forfeited bail proceeds have been forwarded to the commissioner of finance,
the commissioner of finance shall reimburse the county, on request, for actual
costs expended for extradition, transportation, or other costs necessary to
return the defendant or probationer to the jurisdiction where the bail was
posted, in an amount not more than the amount of forfeited bail. The court administrator of district court
shall not retain any additional compensation, per diem or other emolument for
services as court administrator of district court, but may receive and retain
mileage and expense allowances as prescribed by law.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 40. Minnesota
Statutes 2004, section 485.021, is amended to read:
485.021 INVESTMENT OF FUNDS
DEPOSITED WITH COURT ADMINISTRATOR.
When money is paid into court pursuant to court order, the
court administrator of district court, unless the court order specifies
otherwise, may place such moneys with the county treasurer Department
of Finance for investment, as provided by law. When such moneys are subsequently released,
or otherwise treated, by court order, the same shall be immediately paid over
by the county treasurer to the court administrator of district court who shall
then fulfill the direction of the court order relative to such moneys.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 41. Minnesota
Statutes 2005 Supplement, section 485.03, is amended to read:
485.03 DEPUTIES.
(a) The county board shall determine the number of permanent
full time deputies, clerks and other employees in the office of the court administrator
of district court and shall fix the compensation for each position. The county board shall also budget for
temporary deputies and other employees and shall fix their rates of
compensation. This paragraph does not
apply to a county in a judicial district under section 480.181, subdivision 1,
paragraph (b).
(b) The court administrator shall appoint in writing the
deputies and other employees, for whose acts the court administrator shall be
responsible, and whom the court administrator may remove at pleasure. Before each enters upon official duties, the
appointment and oath of each shall be recorded with the county recorder
court administrator.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 42. Minnesota
Statutes 2005 Supplement, section 485.05, is amended to read:
485.05 DEPUTY COURT
ADMINISTRATOR IN ST. LOUIS COUNTY.
In all counties in the state now or hereafter having a
population of more than 150,000 and wherein regular terms of the district court
are held in three or more places, the court administrator of the district court
therein, by an instrument in writing, under the court administrator's hand and
seal, and with the approval of the district judge of the judicial district in
which said county is situated, or, if there be more than one such district
judge, with the approval of
a majority thereof, may appoint deputies for whose acts the court administrator
shall be responsible, such deputies to hold office as such until they shall be
removed therefrom, which removal shall not be made except with the approval of
the district judge or judges. The
appointment and oath of every such deputy shall be recorded with the county
recorder court administrator.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 43. Minnesota
Statutes 2004, section 485.11, is amended to read:
485.11 PRINTED CALENDARS.
The court administrator of the district court in each of the
several counties of this state shall provide calendars either printed or
otherwise duplicated of the cases to be tried at the general terms thereof at
the expense of the counties where such court is held. This section shall not apply to a county
where only one term of court is held each year.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 44. Minnesota
Statutes 2004, section 488A.03, subdivision 6, is amended to read:
Subd. 6. Disposition of fines, fees and other money;
accounts. (a) Except as otherwise
provided herein and except as otherwise provided by law, the court
administrator shall pay to the Hennepin county treasurer all fines and
penalties collected by the court administrator, all fees collected by the court
administrator for court administrator's services, all sums forfeited to the
court as hereinafter provided, and all other money received by the court
administrator. to the subdivision of government entitled thereto as
follows on or before the 20th day after the last day of the month in which the
money was collected. Eighty percent of
all fines and penalties collected during the previous month shall be paid to
the treasurer of the municipality or subdivision of government where the crime
was committed. The remainder of the
fines and penalties shall be credited to the general fund of the state. In all cases in which the county attorney had
charge of the prosecution, all such fines and penalties shall be credited to
the state general fund.
(b) The court administrator shall provide the county
treasurer with identify the name of the municipality or other
subdivision of government where the offense was committed and the name and
official position of the officer who prosecuted the offense for each fine or
penalty, and the total amount of fines or penalties collected for each such
municipality or other subdivision of government, or for the
county, or for the state.
(c) At the beginning of the first day of any month the amount
owing to any municipality or county in the hands of the court administrator
shall not exceed $5,000.
(d) On or before the last day of each month the county treasurer
shall pay over to the treasurer of each municipality or subdivision of
government in Hennepin County all fines or penalties collected during the
previous month for offenses committed within such municipality or subdivision
of government, except that all such fines and penalties attributable to cases
in which the county attorney had charge of the prosecution shall be retained by
the county treasurer and credited to the county general revenue fund.
(e) (c) Amounts represented by checks
issued by the court administrator or received by the court administrator which
have not cleared by the end of the month may be shown on the monthly account as
having been paid or received, subject to adjustment on later monthly accounts.
(f) (d) The court
administrator may receive negotiable instruments in payment of fines,
penalties, fees or other obligations as conditional payments, and is not held
accountable therefor until collection in cash is made and then only to the
extent of the net collection after deduction of the necessary expense of
collection.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 45. Minnesota
Statutes 2004, section 488A.03, subdivision 11, is amended to read:
Subd. 11. Fees payable to administrator. (a) The civil fees payable to the
administrator for services are the same in amount as the fees then payable to
the District Court of Hennepin County for like services. Library and filing fees are not required of
the defendant in an eviction action. The
fees payable to the administrator for all other services of the administrator
or the court shall be fixed by rules promulgated by a majority of the judges.
(b) Fees are payable to the administrator in advance.
(c) Judgments will be entered only upon written application.
(d) The following fees shall be taxed for all charges filed
in court where applicable: (a) The state of Minnesota and any governmental
subdivision within the jurisdictional area of any district court herein
established may present cases for hearing before said district court; (b) In
the event the court takes jurisdiction of a prosecution for the violation of a
statute or ordinance by the state or a governmental subdivision other than a
city or town in Hennepin County, all fines, penalties, and forfeitures
collected shall be paid over to the treasurer of the governmental subdivision
which submitted charges for prosecution under ordinance violation and to the
county treasurer in all other charges except where a different disposition is
provided by law, in which case, payment shall be made to the public official
entitled thereto. The following fees
shall be taxed to the county or to the state or governmental subdivision which
would be entitled to payment of the fines, forfeiture or penalties in any case,
and shall be paid to the court administrator for disposing of the matter:
(1) For each charge where the defendant is brought into court
and pleads guilty and is sentenced, or the matter is otherwise disposed of
without trial .......... $5.
(2) In arraignments where the defendant waives a preliminary
examination .......... $10.
(3) For all other charges where the defendant stands trial or
has a preliminary examination by the court .......... $15.
(e) This paragraph applies to the distribution of fines paid
by defendants without a court appearance in response to a citation. On or before the tenth day after the last day
of the month in which the money was collected, the county treasurer shall pay
80 percent of the fines to the treasurer of the municipality or subdivision within
the county where the violation was committed.
The remainder of the fines shall be credited to the general revenue fund
of the county.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 46. Minnesota
Statutes 2004, section 517.041, is amended to read:
517.041 POWER TO APPOINT
COURT COMMISSIONER; DUTY.
The county court of the combined county court district of
Benton and Stearns may appoint as court commissioner a person who was formerly
employed by that county court district as a court commissioner.
The
county court of the Third or Fifth Judicial Districts
District may appoint as court commissioner for Brown, Dodge, Fillmore
and Olmsted Counties respectively a person who was formerly employed by those
counties as a court commissioner.
The sole duty of an appointed court commissioner is to
solemnize marriages.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 47. Minnesota
Statutes 2004, section 518.157, subdivision 2, is amended to read:
Subd. 2. Minimum standards; plan. The Minnesota Supreme Court should promulgate
minimum standards for the implementation and administration of a parent
education program. The chief judge of
each judicial district or a designee shall submit a plan to the Minnesota
conference of chief judges for their approval that is designed to implement and
administer a parent education program in the judicial district. The plan must be consistent with the minimum
standards promulgated by the Minnesota Supreme Court.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 48. Minnesota
Statutes 2004, section 518B.01, is amended by adding a subdivision to read:
Subd. 19a.
Entry and enforcement of
foreign protective orders. (a)
As used in this subdivision, "foreign protective order" means an
order for protection entered by a court of another state; and order by an
Indian tribe which includes orders entered in child welfare proceedings, or
United States territory that would be a protective order entered under this
chapter; a temporary or permanent order or protective order to exclude a
respondent from a dwelling; or an order that establishes conditions of release
or is a protective order or sentencing order in a criminal prosecution arising
from a domestic abuse assault if it had been entered in Minnesota.
(b) A person for whom a foreign protection order has been
issued or the issuing court or tribunal may provide a certified or
authenticated copy of a foreign protective order to the court administrator in
any county that would have venue if the original action was being commenced in
this state or in which the person in whose favor the order was entered may be
present, for filing and entering of the same into the state order for
prosecution database.
(c) The court administrator shall file and enter foreign
protective orders that are not certified or authenticated, if supported by an
affidavit of a person with personal knowledge, subject to the penalties for
perjury. The person protected by the
order may provide this affidavit.
(d) The court administrator shall provide copies of the order
as required by this section.
(e) A valid foreign protective order has the same effect and
shall be enforced in the same manner as an order for protection issued in this
state whether or not filed with a court administrator or otherwise entered in
the state order for protection database.
(f) A foreign protective order is presumed valid if it meets
all of the following:
(1) the order states the name of the protected individual and
the individual against whom enforcement is sought;
(2) the order has not expired;
(3) the order was issued by a court or tribunal that had
jurisdiction over the parties and subject matter under the law of the foreign
jurisdiction; and
(4)
the order was issued in accordance with the respondent's due process rights,
either after the respondent was provided with reasonable notice and an
opportunity to be heard before the court or tribunal that issued the order, or
in the case of an ex parte order, the respondent was granted notice and an
opportunity to be heard within a reasonable time after the order was issued.
(g) Proof that a foreign protective order failed to meet all
of the factors listed in paragraph (f) is an affirmative defense in any action
seeking enforcement of the order.
(h) A peace officer shall treat a foreign protective order as
a valid legal document and shall make an arrest for a violation of the foreign
protective order in the same manner that a peace officer would make an arrest
for a violation of a protective order issued within this state.
(i) The fact that a foreign protective order has not been
filed with the court administrator or otherwise entered into the state order
for protection database shall not be grounds to refuse to enforce the terms of
the order unless it is apparent to the officer that the order is invalid on its
face.
(j) A peace officer acting reasonably and in good faith in
connection with the enforcement of a foreign protective order is immune from
civil and criminal liability in any action arising in connection with the
enforcement.
(k) Filing and service costs in connection with foreign
protective orders are waived.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 49. Minnesota
Statutes 2004, section 546.27, subdivision 2, is amended to read:
Subd. 2. Board of judicial standards review. At least annually, the board on judicial
standards shall review the compliance of each district, county, or municipal
judge with the provisions of subdivision 1.
To facilitate this review, the director of the state judicial
information system shall notify the executive secretary of the state board on
judicial standards when a matter exceeds 90 days without a disposition. The board shall notify the commissioner of
finance of each judge not in compliance.
If the board finds that a judge has compelling reasons for
noncompliance, it may decide not to issue the notice. Upon notification that a judge is not in
compliance, the commissioner of finance shall not pay the salary of that
judge. The board may cancel a notice of
noncompliance upon finding that a judge is in compliance, but in no event shall
a judge be paid a salary for the period in which the notification of
noncompliance was in effect.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 50. Minnesota
Statutes 2004, section 595.02, subdivision 1, is amended to read:
Subdivision 1. Competency of witnesses. Every person of sufficient understanding,
including a party, may testify in any action or proceeding, civil or criminal,
in court or before any person who has authority to receive evidence, except as
provided in this subdivision:
(a) A husband cannot be examined for or against his wife
without her consent, nor a wife for or against her husband without his consent,
nor can either, during the marriage or afterwards, without the consent of the
other, be examined as to any communication made by one to the other during the
marriage. This exception does not apply
to a civil action or proceeding by one against the other, nor to a criminal
action or proceeding for a crime committed by one against the other or against
a child of either or against a child under the care of either spouse, nor to a
criminal action or proceeding in which one is charged with homicide or an
attempt to commit homicide and the date of the marriage of the defendant is
subsequent to the date of the offense, nor to an action or proceeding for
nonsupport, neglect, dependency, or termination of parental rights.
(b)
An attorney cannot, without the consent of the attorney's client, be examined
as to any communication made by the client to the attorney or the attorney's
advice given thereon in the course of professional duty; nor can any employee
of the attorney be examined as to the communication or advice, without the
client's consent.
(c) A member of the clergy or other minister of any religion
shall not, without the consent of the party making the confession, be allowed
to disclose a confession made to the member of the clergy or other minister in
a professional character, in the course of discipline enjoined by the rules or
practice of the religious body to which the member of the clergy or other
minister belongs; nor shall a member of the clergy or other minister of any
religion be examined as to any communication made to the member of the clergy
or other minister by any person seeking religious or spiritual advice, aid, or
comfort or advice given thereon in the course of the member of the clergy's or
other minister's professional character, without the consent of the person.
(d) A licensed physician or surgeon, dentist, or chiropractor
shall not, without the consent of the patient, be allowed to disclose any
information or any opinion based thereon which the professional acquired in
attending the patient in a professional capacity, and which was necessary to
enable the professional to act in that capacity; after the decease of the
patient, in an action to recover insurance benefits, where the insurance has
been in existence two years or more, the beneficiaries shall be deemed to be
the personal representatives of the deceased person for the purpose of waiving
this privilege, and no oral or written waiver of the privilege shall have any
binding force or effect except when made upon the trial or examination where
the evidence is offered or received.
(e) A public officer shall not be allowed to disclose
communications made to the officer in official confidence when the public
interest would suffer by the disclosure.
(f) Persons of unsound mind and persons intoxicated at the
time of their production for examination are not competent witnesses if they
lack capacity to remember or to relate truthfully facts respecting which they
are examined.
(g) A registered nurse, psychologist, consulting
psychologist, or licensed social worker engaged in a psychological or social
assessment or treatment of an individual at the individual's request shall not,
without the consent of the professional's client, be allowed to disclose any
information or opinion based thereon which the professional has acquired in
attending the client in a professional capacity, and which was necessary to
enable the professional to act in that capacity. Nothing in this clause exempts licensed
social workers from compliance with the provisions of sections 626.556 and
626.557.
(h) An interpreter for a person handicapped in communication
shall not, without the consent of the person, be allowed to disclose any
communication if the communication would, if the interpreter were not present,
be privileged. For purposes of this
section, a "person handicapped in communication" means a person who,
because of a hearing, speech or other communication disorder, or because of the
inability to speak or comprehend the English language, is unable to understand
the proceedings in which the person is required to participate. The presence of an interpreter as an aid to
communication does not destroy an otherwise existing privilege.
(i) Licensed chemical dependency counselors shall not
disclose information or an opinion based on the information which they acquire
from persons consulting them in their professional capacities, and which was
necessary to enable them to act in that capacity, except that they may do so:
(1) when informed consent has been obtained in writing, except
in those circumstances in which not to do so would violate the law or would
result in clear and imminent danger to the client or others;
(2) when the communications reveal the contemplation or
ongoing commission of a crime; or
(3)
when the consulting person waives the privilege by bringing suit or filing
charges against the licensed professional whom that person consulted.
(j) A parent or the parent's minor child may not be examined
as to any communication made in confidence by the minor to the minor's
parent. A communication is confidential
if made out of the presence of persons not members of the child's immediate
family living in the same household.
This exception may be waived by express consent to disclosure by a
parent entitled to claim the privilege or by the child who made the
communication or by failure of the child or parent to object when the contents
of a communication are demanded. This
exception does not apply to a civil action or proceeding by one spouse against
the other or by a parent or child against the other, nor to a proceeding to
commit either the child or parent to whom the communication was made or to
place the person or property or either under the control of another because of
an alleged mental or physical condition, nor to a criminal action or proceeding
in which the parent is charged with a crime committed against the person or
property of the communicating child, the parent's spouse, or a child of either
the parent or the parent's spouse, or in which a child is charged with a crime
or act of delinquency committed against the person or property of a parent or a
child of a parent, nor to an action or proceeding for termination of parental
rights, nor any other action or proceeding on a petition alleging child abuse,
child neglect, abandonment or nonsupport by a parent.
(k) Sexual assault counselors may not be compelled to
testify about allowed to disclose any opinion or information
received from or about the victim without the consent of the victim. However, a counselor may be compelled to
identify or disclose information in investigations or proceedings related to
neglect or termination of parental rights if the court determines good cause
exists. In determining whether to compel
disclosure, the court shall weigh the public interest and need for disclosure
against the effect on the victim, the treatment relationship, and the treatment
services if disclosure occurs. Nothing
in this clause exempts sexual assault counselors from compliance with the
provisions of sections 626.556 and 626.557.
"Sexual assault counselor" for the purpose of this
section means a person who has undergone at least 40 hours of crisis counseling
training and works under the direction of a supervisor in a crisis center,
whose primary purpose is to render advice, counseling, or assistance to victims
of sexual assault.
(l) A person cannot be examined as to any communication or
document, including worknotes, made or used in the course of or because of
mediation pursuant to an agreement to mediate.
This does not apply to the parties in the dispute in an application to a
court by a party to have a mediated settlement agreement set aside or
reformed. A communication or document
otherwise not privileged does not become privileged because of this
paragraph. This paragraph is not
intended to limit the privilege accorded to communication during mediation by
the common law.
(m) A child under ten years of age is a competent witness
unless the court finds that the child lacks the capacity to remember or to
relate truthfully facts respecting which the child is examined. A child describing any act or event may use
language appropriate for a child of that age.
(n) A communication assistant for a telecommunications relay
system for communication-impaired persons shall not, without the consent of the
person making the communication, be allowed to disclose communications made to
the communication assistant for the purpose of relaying.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
51. Minnesota Statutes 2004, section
609.101, subdivision 4, is amended to read:
Subd. 4. Minimum fines; other crimes. Notwithstanding any other law:
(1) when a court sentences a person convicted of a felony
that is not listed in subdivision 2 or 3, it must impose a fine of not less
than 30 percent of the maximum fine authorized by law nor more than the maximum
fine authorized by law; and
(2) when a court sentences a person convicted of a gross
misdemeanor or misdemeanor that is not listed in subdivision 2, it must impose a
fine of not less than 30 percent of the maximum fine authorized by law nor more
than the maximum fine authorized by law, unless the fine is set at a lower
amount on a uniform fine schedule established by the conference of chief
judges Judicial Council in consultation with affected state and
local agencies. This schedule shall be
promulgated not later than September 1 of each year and shall become effective
on January 1 of the next year unless the legislature, by law, provides
otherwise.
The minimum fine required by this subdivision is in addition
to the surcharge or assessment required by section 357.021, subdivision 6, and
is in addition to any sentence of imprisonment or restitution imposed or
ordered by the court.
The court shall collect the fines mandated in this
subdivision and, except for fines for traffic and motor vehicle violations
governed by section 169.871 and section 299D.03 and fish and game violations
governed by section 97A.065, forward 20 percent of the revenues to the
commissioner of finance for deposit in the general fund.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 52. Minnesota
Statutes 2004, section 611.14, is amended to read:
611.14 RIGHT TO
REPRESENTATION BY PUBLIC DEFENDER.
The following persons who are financially unable to obtain
counsel are entitled to be represented by a public defender:
(1) a person charged with a felony, gross misdemeanor, or
misdemeanor including a person charged under sections 629.01 to 629.29;
(2) a person appealing from a conviction of a felony or gross
misdemeanor, or a person convicted of a felony or gross misdemeanor, who is
pursuing a postconviction proceeding and who has not already had a direct
appeal of the conviction, but if the person pled guilty and received a presumptive
sentence or a downward departure in sentence, and the state public defender
reviewed the person's case and determined that there was no basis for an appeal
of the conviction or of the sentence, then the state public defender may
decline to represent the person in a postconviction remedy case;
(3) a person who is entitled to be represented by counsel
under section 609.14, subdivision 2; or
(4) a minor ten years of age or older who is entitled to be
represented by counsel under section 260B.163, subdivision 4, or 260C.163,
subdivision 3.; or
(5) a custodial parent who is entitled to be represented by
counsel under section 260C.163, subdivision 3, or, if there is no custodial
parent, the guardian or the custodian of the child, except that in cases governed
by the Indian Child Welfare Act, the district public defender may represent
both parents regardless of whether they have custody of the child, or the
guardian or custodian of the child.
The
Board of Public Defense must not provide or pay for public defender services to
persons other than those entitled to representation under this section.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 53. Minnesota
Statutes 2004, section 611.16, is amended to read:
611.16 REQUEST FOR
APPOINTMENT OF PUBLIC DEFENDER.
Any person described in section 611.14 or any other person
entitled by law to representation by counsel, may at any time request the
court in which the matter is pending, or the court in which the conviction
occurred, to appoint a public defender to represent the person. In a proceeding defined by clause (2) of
section 611.14, application for the appointment of a public defender may also
be made to a judge of the Supreme Court.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 54. Minnesota
Statutes 2004, section 611.18, is amended to read:
611.18 APPOINTMENT OF PUBLIC
DEFENDER.
If it appears to a court that a person requesting the
appointment of counsel satisfies the requirements of this chapter, the court
shall order the appropriate public defender to represent the person at all
further stages of the proceeding through appeal, if any. For a person appealing from a conviction, or
a person pursuing a postconviction proceeding and who has not already had a
direct appeal of the conviction, according to the standards of sections 611.14
and 611.25, subdivision 1, paragraph (a), clause (2), the state public defender
shall be appointed. For a person covered
by section 611.14, clause (1), (3), (4), or (5), a district public
defender shall be appointed to represent that person. If (a) conflicting interests exist, (b)
the district public defender for any other reason is unable to act, or (c) the
interests of justice require, the state public defender may be ordered to represent
a person. When the state public defender
is directed by a court to represent a defendant or other person, the state
public defender may assign the representation to any district public defender. If at any stage of the proceedings,
including an appeal, the court finds that the defendant is financially unable
to pay counsel whom the defendant had retained, the court may appoint the
appropriate public defender to represent the defendant, as provided in this
section. Prior to any court appearance,
a public defender may represent a person accused of violating the law, who
appears to be financially unable to obtain counsel, and shall continue to
represent the person unless it is subsequently determined that the person is
financially able to obtain counsel. The
representation may be made available at the discretion of the public defender,
upon the request of the person or someone on the person's behalf. Any law enforcement officer may notify the
public defender of the arrest of any such person.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 55. Minnesota
Statutes 2004, section 611.25, subdivision 1, is amended to read:
Subdivision 1. Representation. (a) The state public defender shall
represent, without charge:
(1) a defendant or other person appealing from a conviction
of a felony or gross misdemeanor;
(2) a person convicted of a felony or gross misdemeanor who
is pursuing a postconviction proceeding and who has not already had a direct
appeal of the conviction, but if the person pled guilty and received a
presumptive sentence or a downward departure in sentence, and the state public
defender reviewed the person's case and determined that there was no basis for
an appeal of the conviction or of the sentence, then the state public defender
may decline to represent the person in a postconviction remedy case; and
(3)
a child who is appealing from a delinquency adjudication or from an extended
jurisdiction juvenile conviction.
(b) The state public defender may represent, without charge,
all other persons pursuing a postconviction remedy under section 590.01, who
are financially unable to obtain counsel.
(c) The state public defender shall represent any other
person, who is financially unable to obtain counsel, when directed to do so by
the Supreme Court or the Court of Appeals, except that The state public
defender shall not represent a person in any action or proceeding in which a
party is seeking a monetary judgment, recovery or award. When requested by a district public defender
or appointed counsel, the state public defender may assist the district public
defender, appointed counsel, or an organization designated in section 611.216
in the performance of duties, including trial representation in matters
involving legal conflicts of interest or other special circumstances, and
assistance with legal research and brief preparation. When the state public defender is directed
by a court to represent a defendant or other person, the state public defender
may assign the representation to any district public defender.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 56. Minnesota
Statutes 2004, section 611.26, subdivision 6, is amended to read:
Subd. 6. Persons defended. The district public defender shall represent,
without charge, a defendant charged with a felony, a gross misdemeanor, or
misdemeanor when so directed by the district court. The district public defender shall also
represent a minor ten years of age or older in the juvenile court when so
directed by the juvenile court. The
district public defender must not serve as advisory counsel. The juvenile court may not order the district
public defender to represent a minor who is under the age of ten years, to
serve as a guardian ad litem, or to represent a guardian ad litem. The district public defender shall
represent a custodial parent in the juvenile court under section 260C.163,
subdivision 3, or, if there is no custodial parent, the guardian or the
custodian of the child, when so directed by the juvenile court, except that in
cases governed by the Indian Child Welfare Act, the district public defender
may represent both parents regardless of whether they have custody of the
child, or the guardian or custodian of the child.
EFFECTIVE
DATE. This section is
effective July 1, 2006.