STATE OF
MINNESOTA
SPECIAL
SESSION - 2021
_____________________
THIRTEENTH
DAY
Saint Paul, Minnesota, Sunday, June 27, 2021
The House of Representatives convened at
10:30 a.m. and was called to order by Kelly Moller, Speaker pro tempore.
Prayer was offered by Representative Todd
Lippert, District 20B, Northfield, Minnesota and Community Minister at
Mayflower United Church of Christ in Minneapolis.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franson
Frazier
Frederick
Freiberg
Gomez
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hausman
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
A quorum was present.
Baker, Burkel, Franke, Garofalo, Green,
Hassan, Heinrich, Mariani, Moran and Scott were excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS
OF STANDING COMMITTEES AND DIVISIONS
Winkler from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 63, A bill for an act relating to public safety; amending provisions relating to public defender county program aid; amending Minnesota Statutes 2020, sections 477A.03, subdivision 2b; 611.27, subdivisions 9, 10, 11, 13, 15.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
APPROPRIATIONS
Section 1. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2022" and
"2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023,
respectively. "The first year"
is fiscal year 2022. "The second
year" is fiscal year 2023. "The
biennium" is fiscal years 2022 and 2023.
Appropriations for the fiscal year ending June 30, 2021, are effective
the day following final enactment.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2022 |
2023 |
Sec. 2. SUPREME
COURT |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$60,487,000 |
|
$61,582,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Supreme
Court Operations |
|
43,559,000 |
|
43,384,000 |
(a) Contingent Account
$5,000 each year is for a
contingent account for expenses necessary for the normal operation of the court
for which no other reimbursement is provided.
(b) Justices' Compensation
Justices' compensation is
increased by 2.5 percent in the first year.
(c) Courthouse Security Grants
$500,000 the first year is
for a competitive grant program established by the chief justice for the
distribution of safe and secure courthouse fund grants to governmental entities
responsible
for
providing or maintaining a courthouse or other facility where court proceedings
are held. Grant recipients must provide
a 50 percent nonstate match. This
appropriation is available until June 30, 2024.
(d) Neuropsychological Examination
Feasibility Study
$30,000 the first year is
for the neuropsychological examination feasibility study.
Subd. 3. Civil
Legal Services |
|
16,928,000 |
|
18,198,000 |
Legal Services to Low-Income Clients in Family Law Matters. $1,017,000 each year is to improve the
access of low-income clients to legal representation in family law matters. This appropriation must be distributed under
Minnesota Statutes, section 480.242, to the qualified legal services program
described in Minnesota Statutes, section 480.242, subdivision 2, paragraph (a). Any unencumbered balance remaining in the
first year does not cancel and is available in the second year.
Sec. 3. COURT
OF APPEALS |
|
$13,490,000 |
|
$13,574,000 |
Judges' Compensation. Judges'
compensation is increased by 2.5 percent in the first year.
Sec. 4. DISTRICT
COURTS |
|
$326,372,000 |
|
$329,146,000 |
(a) Judges' Compensation
Judges' compensation is
increased by 2.5 percent in the first year.
(b) New Judgeship
$482,000 the first year and
$449,000 the second year are for a new judge unit in the Fifth Judicial
District.
(c) Interpreter Compensation
$200,000 each year is to
increase hourly fees paid to qualified certified and uncertified interpreters
who are independent contractors and assist persons disabled in communication in
legal proceedings. This is a onetime
appropriation.
Sec. 5. GUARDIAN
AD LITEM BOARD |
|
$22,576,000 |
|
$22,815,000 |
Sec. 6. TAX
COURT |
|
$1,827,000 |
|
$1,841,000 |
Sec. 7. UNIFORM
LAWS COMMISSION |
|
$100,000 |
|
$100,000 |
Sec. 8. BOARD
ON JUDICIAL STANDARDS |
|
$580,000 |
|
$586,000 |
(a)
Availability of Appropriation
If the appropriation for
either year is insufficient, the appropriation for the other fiscal year is
available.
(b) Major Disciplinary Actions
$125,000 each year is for
special investigative and hearing costs for major disciplinary actions
undertaken by the board. This
appropriation does not cancel. Any
unencumbered and unspent balances remain available for these expenditures until
June 30, 2025.
Sec. 9. BOARD
OF PUBLIC DEFENSE |
|
$106,381,000 |
|
$111,409,000 |
Public Defense Corporations.
$74,000 the first year and $152,000 the second year are for
increases to public defense corporations.
Sec. 10. HUMAN
RIGHTS |
|
$5,433,000 |
|
$5,530,000 |
Additional Staffing and Administrative Costs. $110,000 in fiscal year 2022 and
$112,000 in fiscal year 2023 are for improving caseload processing. The general fund base for this activity shall
be $116,000 per year beginning in fiscal year 2024.
Sec. 11. OFFICE
OF THE STATE AUDITOR |
|
$64,000 |
|
$30,000 |
Forfeiture Reporting. $64,000
each year is for costs associated with forfeiture reporting requirements.
Sec. 12.
LEGISLATIVE COORDINATING
COMMISSION |
$60,000 |
|
$60,000 |
$60,000 each year is for the
Legislative Commission on Data Practices under Minnesota Statutes, section
3.8844.
Sec. 13. SENTENCING
GUIDELINES |
|
$740,000 |
|
$765,000 |
Sec. 14. PUBLIC
SAFETY |
|
|
|
|
Subdivision 1. Total
Appropriation |
$1,439,000 |
|
$214,667,000 |
|
$213,505,000 |
General 1,439,000 |
129,264,000 |
128,121,000 |
Special Revenue |
14,901,000 |
14,891,000 |
State Government Special Revenue |
103,000 |
103,000 |
Environmental |
73,000 |
73,000 |
Trunk Highway |
2,429,000 |
2,429,000 |
911 Fund |
67,897,000 |
67,888,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Emergency
Management |
|
3,000,000 |
|
3,156,000 |
Appropriations by Fund |
||
General |
2,927,000 |
3,083,000 |
Environmental |
73,000 |
73,000 |
(a) Supplemental Nonprofit Security Grants
$225,000 each year is for
supplemental nonprofit security grants under this paragraph.
Nonprofit organizations
whose applications for funding through the Federal Emergency Management
Agency's nonprofit security grant program have been approved by the Division of
Homeland Security and Emergency Management are eligible for grants under this
paragraph. No additional application
shall be required for grants under this paragraph, and an application for a
grant from the federal program is also an application for funding from the
state supplemental program.
Eligible organizations may
receive grants of up to $75,000, except that the total received by any
individual from both the federal nonprofit security grant program and the state
supplemental nonprofit security grant program shall not exceed $75,000. Grants shall be awarded in an order
consistent with the ranking given to applicants for the federal nonprofit
security grant program. No grants under
the state supplemental nonprofit security grant program shall be awarded until
the announcement of the recipients and the amount of the grants awarded under
the federal nonprofit security grant program.
The commissioner may use up
to one percent of the appropriation received under this paragraph to pay costs
incurred by the department in administering the supplemental nonprofit security
grant program. These appropriations are
onetime.
(b) School Safety Center
$250,000 each year is for
two school safety specialists at the Minnesota School Safety Center.
Subd. 3. Criminal Apprehension |
1,316,000 |
|
78,263,000 |
|
77,023,000 |
Appropriations by Fund |
|
||
General 1,316,000 |
75,827,000 |
74,587,000 |
|
State
Government Special Revenue |
7,000 |
7,000 |
|
Trunk Highway |
2,429,000
|
2,429,000
|
|
(a)
DWI Lab Analysis
Notwithstanding Minnesota
Statutes, section 161.20, subdivision 3, $2,429,000 each year is from the trunk
highway fund for staff and operating costs
for laboratory analysis related to driving‑while‑impaired cases.
(b) Cybersecurity
$2,611,000 the first year
and $1,558,000 the second year are for identity and access management, critical
infrastructure upgrades, and Federal Bureau of Investigation audit compliance. The base for this is $1,050,000 in fiscal
years 2024 and 2025.
(c) Rapid DNA Program
$285,000 each year is for
the Rapid DNA Program.
(d) Body Cameras
$397,000 the first year and
$205,000 the second year are to purchase body cameras for peace officers
employed by the Bureau of Criminal Apprehension and to maintain the necessary
hardware, software, and data.
(e) National Guard Sexual Assault Investigations
$160,000 each year is for
investigation of criminal sexual conduct allegations filed against members of
the Minnesota National Guard by another member of the Minnesota National Guard. This appropriation is onetime.
(f) Criminal Alert Network; Alzheimer's and Dementia
$200,000 the first year is
for the criminal alert network to increase membership, reduce the registration
fee, and create additional alert categories, including at a minimum a dementia
and Alzheimer's disease specific category.
(g) Forfeiture Notices
$24,000 in fiscal year 2022
is for costs for technological upgrades required for generating forfeiture
notices and property receipts.
(h) Drugged Driving Lab Testing Support
$825,000 each year is for
staffing and supplies for drugged driving lab testing.
Subd. 4. Fire
Marshal |
|
8,752,000 |
|
8,818,000 |
Appropriations by Fund |
||
General |
178,000 |
178,000 |
Special Revenue |
8,574,000 |
8,640,000
|
The
special revenue fund appropriation is from the fire safety account in the
special revenue fund and is for activities under Minnesota Statutes, section
299F.012. The base appropriation from
this account is $8,740,000 in fiscal year 2024 and $8,640,000 in fiscal year
2025.
(a) Inspections
$300,000 each year is for
inspection of nursing homes and boarding care facilities.
(b) Hazmat and Chemical Assessment Teams
$950,000 the first year and
$850,000 the second year are from the fire safety account in the special
revenue fund. These amounts must be used
to fund the hazardous materials and chemical assessment teams. Of this amount, $100,000 the first year is
for cases for which there is no identified responsible party. The base appropriation is $950,000 in fiscal
year 2024 and $850,000 in fiscal year 2025.
(c) Bomb Squad Reimbursements
$50,000 each year is from
the general fund for reimbursements to local governments for bomb squad
services.
(d) Emergency Response Teams
$675,000 each year is from
the fire safety account in the special revenue fund to maintain four emergency
response teams: one under the
jurisdiction of the St. Cloud Fire Department or a similarly located fire
department if necessary; one under the jurisdiction of the Duluth Fire Department;
one under the jurisdiction of the St. Paul Fire Department; and one under
the jurisdiction of the Moorhead Fire Department.
Subd. 5. Firefighter
Training and Education Board |
|
5,792,000 |
|
5,792,000 |
Appropriations by Fund |
||
Special Revenue
|
5,792,000 |
5,792,000 |
The special revenue fund
appropriation is from the fire safety account in the special revenue fund and
is for activities under Minnesota Statutes, section 299F.012.
(a) Firefighter Training and Education |
|
|
|
|
$4,500,000 each year is for
firefighter training and education.
(b)
Task Force 1
$975,000 each year is for
the Minnesota Task Force 1.
(c) Air Rescue
$317,000 each year is for
the Minnesota Air Rescue Team.
(d) Unappropriated Revenue |
|
|
|
|
Any additional
unappropriated money collected in fiscal year 2021 is appropriated to the
commissioner of public safety for the purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between activities in this subdivision.
Subd. 6. Alcohol and Gambling Enforcement |
123,000 |
|
2,681,000 |
|
2,702,000 |
Appropriations by Fund |
|
||
General 123,000 |
2,611,000 |
2,632,000 |
|
Special Revenue |
70,000 |
70,000 |
|
$70,000 each year is from
the lawful gambling regulation account in the special revenue fund.
(a) Legal Costs
$93,000 the first year is
for legal costs associated with Alexis Bailly Vineyard, Inc. v. Harrington. This is a onetime appropriation.
(b) Body Cameras
$16,000 each year is to
purchase body cameras for peace officers employed by the Alcohol and Gambling
Enforcement Division and to maintain the necessary hardware, software, and
data.
Subd. 7. Office
of Justice Programs |
|
47,817,000 |
|
47,737,000 |
Appropriations by Fund |
||
General |
47,721,000 |
47,641,000 |
State Government
Special Revenue |
96,000 |
96,000 |
(a) Administration Costs
Up to 2.5 percent of the
grant funds appropriated in this subdivision may be used by the commissioner to
administer the grant program.
(b)
Combatting Sex Trafficking Grants
$250,000 each year is for
an antitrafficking investigation coordinator and to implement new or expand
existing strategies to combat sex trafficking.
(c) Survivor Support and Prevention Grants
$400,000 each year is for
grants to victim survivors and to fund emerging or unmet needs impacting
victims of crime, particularly in underserved populations. This is a onetime appropriation.
(d) Improving Retention in Domestic Violence
Programs
$150,000 the first year is
to develop an open and competitive grant process to award a grant to establish
a pilot project to increase the rate at which participants voluntarily complete
a person-centered, trauma-informed violence prevention program by addressing
the social and economic barriers that inhibit program completion. This appropriation is available until June
30, 2024.
The grant recipient shall
have an established program for individuals who have been identified as using
abusive behaviors within a home or community setting. The established program must apply evidence-based
interventions to equip participants with skills and techniques to stop abusive
behaviors as they occur and prevent them from happening in the future.
The pilot project shall
address financial, transportation, food, housing, or social support barriers in
order to increase the rate of participants completing the program. Money may be used to advance program
capacity, reduce the administrative burden on program staff, secure participant
consent for assessment, enhance measurement and evaluation of the program, and
provide other services and support to increase the rate of program completion
while maintaining low recidivism rates.
By January 15, 2023, the
grant recipient shall provide a report to the Office of Justice Programs
identifying:
(1) the number of
individuals, including the age, race, and sex of those individuals, who were
admitted into the program before and after the pilot project began;
(2) the number of
individuals, including the age, race, and sex of those individuals, who completed
the program before and after the pilot project began;
(3) the number of
individuals, including the age, race, and sex of those individuals, who left
the program prior to completion before and after the pilot project began;
(4)
information on whether the individuals were members of a two‑parent or
single-parent home; and
(5) any other relevant
measurement and evaluation of the pilot project, including information related
to social and economic barriers that impact program completion rates.
By January 15, 2024, the
grant recipient shall provide a report to the Office of Justice Programs
identifying the domestic violence recidivism rate of individuals who completed
the program, including the age, race, and sex of those individuals, before and
after the pilot project began.
By February 15, 2024, the
Office of Justice Programs shall compile the information received from the
grant recipient and provide that compilation to the senate and house of
representatives committees and divisions with jurisdiction over public safety.
(e) Innovation in Community Safety Grants
$400,000 each year is for
innovation in community safety grants. This
is a onetime appropriation.
(f) Youth Intervention Program Grants
$286,000 each year is for
youth intervention program grants.
(g) Racially Diverse Youth in Shelters
$45,000 each year is for
grants to organizations to address racial disparity of youth using shelter
services in the Rochester and St. Cloud regional areas. A grant recipient shall establish and operate
a pilot program to engage in community intervention, family reunification,
aftercare, and follow up when family members are released from shelter services. A pilot program shall specifically address
the high number of racially diverse youth that enter shelters in the region. This is a onetime appropriation.
(h) Task Force on Missing and Murdered
African American Women
$100,000 the first year and
$50,000 the second year are to implement the task force on missing and murdered
African American women. This is a onetime
appropriation.
(i) Body Camera Grant Program
$500,000 each year is to
provide grants to local law enforcement agencies for portable recording systems. The commissioner shall award grants to local
law enforcement agencies for the purchase and maintenance of portable recording
systems and portable
recording
system data. An applicant must provide a
50 percent match to be eligible to receive a grant. The commissioner must give priority to law
enforcement agencies located outside of the seven-county metropolitan area that
do not have a portable recording system program.
As a condition of receiving
a grant, a law enforcement agency's portable recording system policy must
comply with the standards developed by the Legislative Commission on Data Practices
and Personal Data Privacy. This is a
onetime appropriation.
(j) VCETs
$1,000,000 each year is for
additional violent crime enforcement teams.
The base for this is $1,000,000 in fiscal years 2024 and 2025.
Of this amount, $250,000
each year is a onetime appropriation for a team to address criminal activities
in and around metropolitan transit lines.
This team must include members from the Hennepin County Sheriff's
Office, the Ramsey County Sheriff's Office, the St. Paul Police
Department, the Minneapolis Police Department, and the Metropolitan Transit
Police Department. The Hennepin County
Sheriff's Office shall serve as the team's fiscal agent. By February 1, 2022, the commissioner shall
report to the chairs and ranking minority members of the legislative committees
with jurisdiction over criminal justice policy and funding on the activities of
the team. The report must detail the
impact the team had on reducing criminal activity in and around metropolitan
transit lines and recommend whether to fund the team in the future or whether
the money for this would be better directed toward other violent crime
enforcement teams.
(k) Office of Missing and Murdered Indigenous Relatives
$500,000 each year is to
establish and maintain the Office of Missing and Murdered Indigenous Relatives.
(l) Hometown Heroes Assistance Program
$4,000,000 each year is
appropriated for grants to the Minnesota Firefighter Initiative to fund the
hometown heroes assistance program established in Minnesota Statutes, section
299A.477.
(m) Juvenile Justice Unit
$200,000 each year is to
establish and maintain a Juvenile Justice Unit.
Subd. 8. Emergency
Communication Networks |
|
67,897,000 |
|
67,888,000 |
This appropriation is from
the state government special revenue fund for 911 emergency telecommunications
services.
This
appropriation includes funds for information technology project services and
support subject to the provisions of Minnesota Statutes, section 16E.0466. Any ongoing information technology costs
shall be incorporated into the service level agreement and shall be paid to the
Office of MN.IT Services by the Department of Public Safety under the rates and
mechanism specified in that agreement.
(a) Public Safety Answering Points |
|
|
|
|
$27,328,000 the first year
and $28,011,000 the second year shall be distributed as provided in Minnesota
Statutes, section 403.113, subdivision 2.
The base appropriation is $28,011,000 in fiscal year 2024 and
$28,011,000 in fiscal year 2025.
(b) Medical Resource Communication Centers
|
|
|
|
|
$683,000 the first year is
for grants to the Minnesota Emergency Medical Services Regulatory Board for the
Metro East and Metro West Medical Resource Communication Centers that were in
operation before January 1, 2000.
(c) ARMER State Backbone Operating Costs
$9,675,000 each year is
transferred to the commissioner of transportation for costs of maintaining and
operating the statewide radio system backbone.
(d) ARMER Improvements
$1,000,000 each year is to
the Statewide Emergency Communications Board for improvements to those elements
of the statewide public safety radio and communication system that support
mutual aid communications and emergency medical services or provide interim
enhancement of public safety communication interoperability in those areas of
the state where the statewide public safety radio and communication system is
not yet implemented, and grants to local units of government to further the
strategic goals set forth by the Statewide Emergency Communications Board
strategic plan.
(e) 911 Telecommunicator Working Group
$9,000 the first year is to
convene, administer, and implement the 911 telecommunicator working group.
Subd. 9. Driver
and Vehicle Services |
|
465,000 |
|
389,000 |
$465,000 the first year and
$389,000 the second year are from the driver services operating account in the
special revenue fund for the ignition interlock program under Minnesota
Statutes, section 171.306.
Sec. 15. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
|
|
|
Subdivision 1. Total
Appropriation |
|
$11,563,000 |
|
$11,554,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Peace
Officer Training Reimbursements |
|
|
|
|
$2,949,000 each year is for reimbursements
to local governments for peace officer training costs.
Subd. 3. Peace
Officer Training Assistance |
|
|
|
|
Philando Castile Memorial Training Fund
$6,000,000 each year is to
support and strengthen law enforcement training and implement best practices. This funding shall be named the
"Philando Castile Memorial Training Fund."
Each sponsor of a training
course is required to include the following in the sponsor's application for
approval submitted to the board: course
goals and objectives; a course outline including at a minimum a timeline and
teaching hours for all courses; instructor qualifications, including skills and
concepts such as crisis intervention, de-escalation, and cultural competency
that are relevant to the course provided; and a plan for learning assessments
of the course and documenting the assessments to the board during review. Upon completion of each course, instructors
must submit student evaluations of the instructor's teaching to the sponsor.
The board shall keep records
of the applications of all approved and denied courses. All continuing education courses shall be
reviewed after the first year. The board
must set a timetable for recurring review after the first year. For each review, the sponsor must submit its
learning assessments to the board to show that the course is teaching the
learning outcomes that were approved by the board.
A list of licensees who
successfully complete the course shall be maintained by the sponsor and
transmitted to the board following the presentation of the course and the
completed student evaluations of the instructors. Evaluations are available to chief law
enforcement officers. The board shall
establish a data retention schedule for the information collected in this
section.
Each year, if funds are
available after reimbursing all eligible requests for courses approved by the
board under this subdivision, the board may use the funds to reimburse law
enforcement agencies for other board-approved law enforcement training courses. The base for this activity is $0 in fiscal
year 2026 and thereafter.
Sec. 16. PRIVATE
DETECTIVE BOARD |
|
$282,000 |
|
$288,000 |
Sec. 17. CORRECTIONS
|
|
|
|
|
Subdivision 1. Total
Appropriation |
$183,000 |
|
$630,943,000 |
|
$639,312,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Incarceration and Prerelease Services |
183,000 |
|
461,538,000 |
|
469,578,000 |
(a) Healthy Start Act
$100,000 each year is to
implement the healthy start act that shall create a release program for
pregnant women and new mothers who are committed to the commissioner of
corrections by providing alternatives to incarceration and improving parenting
skills.
(b) Prescription Medications
$17,000 the first year and
$20,000 the second year are to provide a one-month supply of any prescribed,
nonnarcotic medications and a prescription for a 30-day supply of these
medications that may be refilled twice to inmates at the time of their release.
(c) Incarceration and Prerelease Services
Base Budget
The general fund base for
Department of Corrections incarceration and prerelease services is $469,883,000
in fiscal year 2024 and $470,331,000 in fiscal year 2025.
Subd. 3. Community Supervision and Postrelease Services |
137,780,000 |
|
138,204,000 |
(a) Community Corrections Act
$1,220,000 each year is
added to the Community Corrections Act subsidy, as described in Minnesota
Statutes, section 401.14. This is a
onetime increase for the biennium and requires the submission of a report to
the legislature no later than December 15, 2021, with recommendations from a
working group established to study supervision services and funding across the
state and develop recommendations. This
is a onetime appropriation.
The commissioner of
corrections shall convene a working group to study and report to the
legislature on the attributes and requirements of an effective supervision
system. The report shall describe how
the state and counties can achieve an effective supervision system together,
balancing local control with state
support
and collaboration. The report shall
include: a proposal for sustainable
funding of the state's community supervision delivery systems; a plan for the
potential of future Tribal government supervision of probationers and
supervised releasees; a definition of core or base-level supervision standards
in accordance with the state's obligation to fund or provide supervision
services that are geographically equitable and reflect the principles of modern
correctional practice; a recommended funding model and the associated costs as
compared to the state's current investment in those services; alternative
funding and delivery models and the alternative models' associated costs when
compared with the state's current investment in those services; and mechanisms
to ensure balanced application of increases in the cost of community
supervision services.
The working group shall at a minimum include the following members: the commissioner of corrections or the commissioner's designee and four other representatives from the Department of Corrections, five directors of the Minnesota Association of Community Corrections Act Counties, five directors of the Minnesota Association of County Probation Offices, three county commissioner representatives from the Association of Minnesota Counties with one from each delivery system, three representatives of the Minnesota Indian Affairs Council Tribal government members, and two district court judge representatives designated by the State Court Administrator. The working group may include other members and the use of a third-party organization to provide process facilitation, statewide stakeholder engagement, data analysis, programming and supervision assessments, and technical assistance through implementation of the adopted report recommendations.
The report shall be
submitted to the chairs and ranking minority members of the house of
representatives Public Safety Committee and the senate Judiciary and Finance
Committees no later than December 15, 2021.
(b) County Probation Officer Reimbursement
$101,000 each year is for
county probation officers reimbursement, as described in Minnesota Statutes,
section 244.19, subdivision 6. This is a
onetime increase for the biennium and requires the submission of a report to
the legislature no later than December 15, 2021, with recommendations from a
working group established to study supervision services and funding across the
state and develop recommendations. This
is a onetime appropriation.
(c) Probation Supervision Services
$1,170,000 each year is for
probation supervision services provided by the Department of Corrections in
Meeker, Mille Lacs, and Renville Counties as described in Minnesota Statutes,
section 244.19, subdivision 1. The
commissioner of corrections shall bill
Meeker,
Mille Lacs, and Renville Counties for the total cost of and expenses incurred
for probation services on behalf of each county, as described in Minnesota
Statutes, section 244.19, subdivision 5, and all reimbursements shall be
deposited in the general fund.
(d) Task Force on Aiding and Abetting Felony Murder
$25,000 the first year is to
implement the task force on aiding and abetting felony murder.
(e) Alternatives to Incarceration
$320,000 each year is for
funding to Anoka County, Crow Wing County, and Wright County to facilitate
access to community treatment options under the alternatives to incarceration
program.
(f) Juvenile Justice Report
$55,000 the first year and
$9,000 the second year are for reporting on extended jurisdiction juveniles.
(g) Postrelease Employment for Inmates Grant; Request for Proposals
$300,000 the first year is
for a grant to a nongovernmental organization to provide curriculum and
corporate mentors to inmates and assist inmates in finding meaningful
employment upon release from a correctional facility. By September 1, 2021, the commissioner of
corrections must issue a request for proposals.
By December 1, 2021, the commissioner shall award a $300,000 grant to
the applicant that is best qualified to provide the programming described in
this paragraph.
(h) Homelessness Mitigation Plan
$12,000 the first year is to
develop and implement a homelessness mitigation plan for individuals released
from prison.
(i) Identifying Documents
$23,000 the first year and
$28,000 the second year are to assist inmates in obtaining a copy of their
birth certificates and provide appropriate Department of Corrections
identification cards to individuals released from prison.
(j) Predatory Offender Statutory Framework Working Group
$25,000 the first year is to
convene, administer, and implement the Predatory Offender Statutory Framework
Working Group.
Subd. 4. Organizational, Regulatory, and Administrative Services |
31,625,000
|
|
31,530,000
|
(a)
Technology
$1,566,000 the first year
and $1,621,000 the second year are to increase support for ongoing technology
needs.
(b) Correctional Facilities Security Audit
Group
$42,000 the first year and
$69,000 the second year are for the correctional facilities security audit
group to prepare security audit standards, conduct security audits, and prepare
required reports.
(c) Oversight
$992,000 the first year and
$492,000 the second year are to expand and improve oversight of jails and other
state and local correctional facilities, including the addition of four
full-time corrections detention facilities inspectors and funds for county
sheriffs who inspect municipal lockups.
(d) Jailhouse Witness Data
$20,000 the first year is
for costs associated with collecting and reporting on jailhouse witness data.
Sec. 18. OMBUDSPERSON
FOR CORRECTIONS |
|
$659,000 |
|
$663,000 |
Sec. 19. DEPARTMENT
OF NATURAL RESOURCES |
$489,000 |
|
$387,000 |
$489,000 the first year and
$387,000 the second year are to purchase body cameras for conservation officers
employed by the Department of Natural Resources and to maintain the necessary
hardware, software, and data. The base
appropriation is $387,000 in fiscal year 2024 and $387,000 in fiscal year 2025.
Sec. 20. CANCELLATION;
FISCAL YEAR 2021 |
|
|
|
|
(a) Alcohol and Gambling Enforcement
$132,000 of the fiscal year
2021 general fund appropriation under Laws 2019, First Special Session chapter
5, article 1, section 12, subdivision 6, is canceled.
(b) Office of Justice Programs
$213,000 of the fiscal year
2021 general fund appropriation under Laws 2019, First Special Session chapter
5, article 1, section 12, subdivision 7, is canceled.
Sec. 21. TRANSFER;
DISASTER ASSISTANCE CONTINGENCY ACCOUNT.
(a) If the fiscal year 2021 final
closing balance in the general fund exceeds the closing balance projected at
the end of the 2021 first special legislative session by at least $30,000,000,
the commissioner of management and budget must transfer $30,000,000 from the
general fund to the disaster assistance contingency account established under
Minnesota Statutes, section 12.221, subdivision 6.
(b) If the fiscal year 2021 final
closing balance in the general fund exceeds the closing balance projected at
the end of the 2021 first special legislative session by less than $30,000,000,
the commissioner of management and budget must transfer an amount equal to the
difference between the fiscal year 2021 final closing balance and the closing
balance projected at the end of the 2021 first special legislative session from
the general fund to the disaster assistance contingency account established
under Minnesota Statutes, section 12.221, subdivision 6.
(c) If a transfer is required under
this section, the transfer must be completed before September 30, 2021.
ARTICLE 2
PUBLIC SAFETY
Section 1. Minnesota Statutes 2020, 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: (1) hypodermic needles or syringes in
accordance with section 151.40, subdivision 2.; or (2) products that
detect the presence of fentanyl or a fentanyl analog in a controlled substance.
EFFECTIVE
DATE. This section is
effective July 1, 2021, for acts occurring on or after that date.
Sec. 2. Minnesota Statutes 2020, section 169A.55, subdivision 2, is amended to read:
Subd. 2. Reinstatement
of driving privileges; notice. Upon
expiration of a period of revocation under section 169A.52 (license revocation
for test failure or refusal), 169A.54 (impaired driving convictions and
adjudications; administrative penalties), or 171.177 (revocation; search
warrant), the commissioner shall notify the person of the terms upon which
driving privileges can be reinstated, and new registration plates issued, which
terms are: (1) successful completion
of an examination and proof of compliance with any terms of alcohol
treatment or counseling previously prescribed, if any; and (2) any other
requirements imposed by the commissioner and applicable to that particular case. The commissioner shall notify the owner of a
motor vehicle subject to an impoundment order under section 169A.60
(administrative impoundment of plates) as a result of the violation of the
procedures for obtaining new registration plates, if the owner is not the
violator. The commissioner shall also
notify the person that if driving is resumed without reinstatement of driving
privileges or without valid registration plates and registration certificate,
the person will be subject to criminal penalties.
Sec. 3. Minnesota Statutes 2020, section 169A.55, subdivision 4, is amended to read:
Subd. 4. Reinstatement
of driving privileges; multiple incidents.
(a) A person whose driver's license has been revoked as a result
of an offense listed under clause (2) shall not be eligible for reinstatement
of driving privileges without an ignition interlock restriction until the
commissioner certifies that either:
(1) the person did not own or lease a
vehicle at the time of the offense or at any time between the time of the
offense and the driver's request for reinstatement, or commit a violation of
chapter 169, 169A, or 171 between the time of the offense and the driver's
request for reinstatement or at the time of the arrest for the offense listed
under clause (2), item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as
based on:
(i) a request by the person for
reinstatement, on a form to be provided by the Department of Public Safety;
(ii) the person's attestation under penalty of perjury; and
(iii) the submission by the driver of certified copies of vehicle registration records and driving records for the period from the arrest until the driver seeks reinstatement of driving privileges; or
(2) the person used the ignition
interlock device and complied with section 171.306 for a period of not less
than:
(i) one year, for a person whose
driver's license was revoked for:
(A) an offense occurring within ten
years of a qualified prior impaired driving incident; or
(B) an offense occurring after two
qualified prior impaired driving incidents; or
(ii) two years, for a person whose driver's
license was revoked for:
(A) an offense occurring under item
(i), subitem (A) or (B), and the test results indicated an alcohol
concentration of twice the legal limit or more; or
(B) an offense occurring under item
(i), subitem (A) or (B), and the current offense is for a violation of section
169A.20, subdivision 2.
(a) (b) A person whose
driver's license has been canceled or denied as a result of three or more
qualified impaired driving incidents shall not be eligible for reinstatement of
driving privileges without an ignition interlock restriction until the person:
(1) has completed rehabilitation according to rules adopted by the commissioner or been granted a variance from the rules by the commissioner; and
(2) has submitted verification of abstinence from alcohol and controlled substances under paragraph (c), as evidenced by the person's use of an ignition interlock device or other chemical monitoring device approved by the commissioner.
(b) (c) The verification of
abstinence must show that the person has abstained from the use of alcohol and
controlled substances for a period of not less than:
(1) three years, for a person whose driver's license was canceled or denied for an offense occurring within ten years of the first of two qualified prior impaired driving incidents, or occurring after three qualified prior impaired driving incidents;
(2) four years, for a person whose driver's license was canceled or denied for an offense occurring within ten years of the first of three qualified prior impaired driving incidents; or
(3) six years, for a person whose driver's license was canceled or denied for an offense occurring after four or more qualified prior impaired driving incidents.
(c) The commissioner shall establish
performance standards and a process for certifying chemical monitoring devices. The standards and procedures are not rules
and are exempt from chapter 14, including section 14.386.
EFFECTIVE
DATE. This section is
effective August 1, 2021, for revocations occurring on or after that date.
Sec. 4. Minnesota Statutes 2020, section 169A.60, subdivision 2, is amended to read:
Subd. 2. Plate impoundment violation; impoundment order. (a) The commissioner shall issue a registration plate impoundment order when:
(1) a person's driver's license or driving
privileges are revoked for a plate impoundment violation; or
(2) a person is arrested for or charged
with a plate impoundment violation described in subdivision 1, paragraph (d),
clause (5); or
(3) a person issued new registration plates pursuant to subdivision 13, paragraph (f), violates the terms of the ignition interlock program as described in subdivision 13, paragraph (g).
(b) The order must require the impoundment of the registration plates of the motor vehicle involved in the plate impoundment violation and all motor vehicles owned by, registered, or leased in the name of the violator, including motor vehicles registered jointly or leased in the name of the violator and another. The commissioner shall not issue an impoundment order for the registration plates of a rental vehicle, as defined in section 168.041, subdivision 10, or a vehicle registered in another state.
Sec. 5. Minnesota Statutes 2020, section 169A.60, subdivision 3, is amended to read:
Subd. 3. Notice of impoundment. An impoundment order is effective when the commissioner or a peace officer acting on behalf of the commissioner notifies the violator or the registered owner of the motor vehicle of the intent to impound and order of impoundment. The notice must advise the violator of the duties and obligations set forth in subdivision 6 (surrender of plates) and of the right to obtain administrative and judicial review. The notice to the registered owner who is not the violator must include the procedure to obtain new registration plates under subdivision 8. If mailed, the notice and order of impoundment is deemed received three days after mailing to the last known address of the violator or the registered owner, including the address provided when the person became a program participant in the ignition interlock program under section 171.306.
Sec. 6. Minnesota Statutes 2020, section 169A.60, subdivision 13, is amended to read:
Subd. 13. Special registration plates. (a) At any time during the effective period of an impoundment order, a violator or registered owner may apply to the commissioner for new registration plates, which must bear a special series of numbers or letters so as to be readily identified by traffic law enforcement officers. The commissioner may authorize the issuance of special plates if:
(1) the violator has a qualified licensed driver whom the violator must identify;
(2) the violator or registered owner has a limited license issued under section 171.30;
(3) the registered owner is not the violator and the registered owner has a valid or limited driver's license;
(4) a member of the registered owner's household has a valid driver's license; or
(5) the violator has been reissued a valid driver's license.
(b) The commissioner may not issue new registration plates for that vehicle subject to plate impoundment for a period of at least one year from the date of the impoundment order. In addition, if the owner is the violator, new registration plates may not be issued for the vehicle unless the person has been reissued a valid driver's license in accordance with chapter 171.
(c) A violator may not apply for new registration plates for a vehicle at any time before the person's driver's license is reinstated.
(d) The commissioner may issue the special plates on payment of a $50 fee for each vehicle for which special plates are requested, except that a person who paid the fee required under paragraph (f) must not be required to pay an additional fee if the commissioner issued an impoundment order pursuant to paragraph (g).
(e) Paragraphs (a) to (d) notwithstanding,
the commissioner must issue upon request new registration plates for a any
vehicle owned by a violator or registered owner for which the
registration plates have been impounded if:
(1) the impoundment order is rescinded;
(2) the vehicle is transferred in compliance with subdivision 14; or
(3) the vehicle is transferred to a Minnesota automobile dealer licensed under section 168.27, a financial institution that has submitted a repossession affidavit, or a government agency.
(f) Notwithstanding paragraphs (a) to
(d), the commissioner, upon request and payment of a $100 fee for each vehicle
for which special plates are requested, must issue new registration plates for
any vehicle owned by a violator or registered owner for which the registration
plates have been impounded if the violator becomes a program participant in the
ignition interlock program under section 171.306. This paragraph does not apply if the
registration plates have been impounded pursuant to paragraph (g).
(g) The commissioner shall issue a
registration plate impoundment order for new registration plates issued
pursuant to paragraph (f) if, before a program participant in the ignition
interlock program under section 171.306 has been restored to full driving
privileges, the program participant:
(1) either voluntarily or involuntarily
ceases to participate in the program for more than 30 days; or
(2) fails to successfully complete the
program as required by the Department of Public Safety due to:
(i) two or more occasions of the
participant's driving privileges being withdrawn for violating the terms of the
program, unless the withdrawal is determined to be caused by an error of the
department or the interlock provider; or
(ii) violating the terms of the contract
with the provider as determined by the provider.
Sec. 7. Minnesota Statutes 2020, section 171.29, subdivision 1, is amended to read:
Subdivision 1. Examination
required. (a) No person whose
driver's license has been revoked by reason of conviction, plea of guilty, or
forfeiture of bail not vacated, under section 169.791, 169.797, 171.17, or
171.172, or revoked under section 169.792, 169A.52, or 171.177 shall be
issued another license unless and until that person shall have successfully
passed an examination as required by the commissioner of public safety. This subdivision does not apply to an
applicant for early reinstatement under section 169.792, subdivision 7a.
(b)
The requirement to successfully pass the examination described in paragraph (a)
does not apply to a person whose driver's license has been revoked because of
an impaired driving offense.
Sec. 8. Minnesota Statutes 2020, section 171.30, subdivision 1, is amended to read:
Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited license to the driver under the conditions in paragraph (b) in any case where a person's license has been:
(1) suspended under section 171.18, 171.173, 171.186, or 171.187;
(2) revoked, canceled, or denied under section:
(i) 169.792;
(ii) 169.797;
(iii) 169A.52:
(A) subdivision 3, paragraph (a), clause
(1) or (2); or
(B) subdivision 3, paragraph (a),
clause (4), (5), or (6), if in compliance with section 171.306;
(C) (B) subdivision 4,
paragraph (a), clause (1) or (2), if the test results indicate an alcohol
concentration of less than twice the legal limit;
(D) subdivision 4, paragraph (a),
clause (4), (5), or (6), if in compliance with section 171.306;
(iv) 171.17; or
(v) 171.172;
(3) revoked, canceled, or denied under section 169A.54:
(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration of less than twice the legal limit;
(ii) subdivision 1, clause (2); or
(iii) subdivision 1, clause (5), (6),
or (7), if in compliance with section 171.306; or
(iv) (iii) subdivision 2, if
the person does not have a qualified prior impaired driving incident as defined
in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit;
or
(4) revoked, canceled, or denied under section 171.177:
(i) subdivision 4, paragraph (a), clause
(1) or (2); or
(ii) subdivision 4, paragraph (a),
clause (4), (5), or (6), if in compliance with section 171.306;
(iii) (ii) subdivision 5,
paragraph (a), clause (1) or (2), if the test results indicate an alcohol
concentration of less than twice the legal limit; or.
(iv)
subdivision 5, paragraph (a), clause (4), (5), or (6), if in compliance with
section 171.306.
(b) The following conditions for a limited license under paragraph (a) include:
(1) if the driver's livelihood or attendance at a chemical dependency treatment or counseling program depends upon the use of the driver's license;
(2) if the use of a driver's license by a homemaker is necessary to prevent the substantial disruption of the education, medical, or nutritional needs of the family of the homemaker; or
(3) if attendance at a postsecondary institution of education by an enrolled student of that institution depends upon the use of the driver's license.
(c) The commissioner in issuing a limited license may impose such conditions and limitations as in the commissioner's judgment are necessary to the interests of the public safety and welfare including reexamination as to the driver's qualifications. The license may be limited to the operation of particular vehicles, to particular classes and times of operation, and to particular conditions of traffic. The commissioner may require that an applicant for a limited license affirmatively demonstrate that use of public transportation or carpooling as an alternative to a limited license would be a significant hardship.
(d) For purposes of this subdivision:
(1) "homemaker" refers to the person primarily performing the domestic tasks in a household of residents consisting of at least the person and the person's dependent child or other dependents; and
(2) "twice the legal limit" means an alcohol concentration of two times the limit specified in section 169A.20, subdivision 1, clause (5).
(e) The limited license issued by the commissioner shall clearly indicate the limitations imposed and the driver operating under the limited license shall have the license in possession at all times when operating as a driver.
(f) In determining whether to issue a limited license, the commissioner shall consider the number and the seriousness of prior convictions and the entire driving record of the driver and shall consider the number of miles driven by the driver annually.
(g) If the person's driver's license or permit to drive has been revoked under section 169.792 or 169.797, the commissioner may only issue a limited license to the person after the person has presented an insurance identification card, policy, or written statement indicating that the driver or owner has insurance coverage satisfactory to the commissioner of public safety. The commissioner of public safety may require the insurance identification card provided to satisfy this subdivision be certified by the insurance company to be noncancelable for a period not to exceed 12 months.
(h) The limited license issued by the commissioner to a person under section 171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner must not issue a limited license to a person who previously has been issued a limited license under section 171.186, subdivision 4.
(i) The commissioner shall not issue a limited driver's license to any person described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).
(j) The commissioner shall not issue a class A, class B, or class C limited license.
Sec. 9. Minnesota Statutes 2020, section 171.306, subdivision 2, is amended to read:
Subd. 2. Performance standards; certification; manufacturer and provider requirements. (a) The commissioner shall establish performance standards and a process for certifying devices used in the ignition interlock program, except that the commissioner may not establish standards that, directly or indirectly, require devices to use or enable location tracking capabilities without a court order.
(b) The manufacturer of a device must apply annually for certification of the device by submitting the form prescribed by the commissioner. The commissioner shall require manufacturers of certified devices to:
(1) provide device installation,
servicing, and monitoring to indigent program participants at a discounted
rate, according to the standards established by the commissioner; and
(2) include in an ignition interlock
device contract a provision that a program participant who voluntarily
terminates participation in the program is only liable for servicing and
monitoring costs incurred during the time the device is installed on the motor
vehicle, regardless of whether the term of the contract has expired; and
(3) include in an ignition interlock device contract a provision that requires manufacturers of certified devices to pay any towing or repair costs caused by device failure or malfunction, or by damage caused during device installation, servicing, or monitoring.
(c) The manufacturer of a certified device must include with an ignition interlock device contract a separate notice to the program participant regarding any location tracking capabilities of the device.
Sec. 10. Minnesota Statutes 2020, section 171.306, subdivision 4, is amended to read:
Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class D driver's license, subject to the applicable limitations and restrictions of this section, to a program participant who meets the requirements of this section and the program guidelines. The commissioner shall not issue a license unless the program participant has provided satisfactory proof that:
(1) a certified ignition interlock device has been installed on the participant's motor vehicle at an installation service center designated by the device's manufacturer; and
(2) the participant has insurance coverage
on the vehicle equipped with the ignition interlock device. If the participant has previously been
convicted of violating section 169.791, 169.793, or 169.797 or the
participant's license has previously been suspended or canceled under section
169.792 or 169.797, the commissioner shall require the participant to
present an insurance identification card, policy, or written statement as
proof of insurance coverage, and may require the insurance identification card
provided be that is certified by the insurance company to be
noncancelable for a period not to exceed 12 months.
(b) A license issued under authority of this section must contain a restriction prohibiting the program participant from driving, operating, or being in physical control of any motor vehicle not equipped with a functioning ignition interlock device certified by the commissioner. A participant may drive an employer-owned vehicle not equipped with an interlock device while in the normal course and scope of employment duties pursuant to the program guidelines established by the commissioner and with the employer's written consent.
(c) A program participant whose driver's license has been: (1) revoked under section 169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph (a), clause (1), (2), or (3); 169A.54, subdivision 1, clause (1), (2), (3), or (4); or 171.177, subdivision 4, paragraph (a), clause (1), (2), or (3), or subdivision 5, paragraph (a), clause (1), (2), or (3); or (2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or
suspended under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm, where the participant has fewer than two qualified prior impaired driving incidents within the past ten years or fewer than three qualified prior impaired driving incidents ever; may apply for conditional reinstatement of the driver's license, subject to the ignition interlock restriction.
(d) A program participant whose driver's
license has been: (1) revoked, canceled,
or denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5),
or (6), or subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54,
subdivision 1, clause (5), (6), or (7); or 171.177, subdivision 4, paragraph
(a), clause (4), (5), or (6), or subdivision 5, paragraph (a), clause (4), (5),
or (6); or (2) revoked under section 171.17, subdivision 1, paragraph (a),
clause (1), or suspended under section 171.187, for a violation of section
609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4);
subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 3,
clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause
(2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial
bodily harm, or great bodily harm, where the participant has two or more
qualified prior impaired driving incidents within the past ten years or three
or more qualified prior impaired driving incidents ever; may apply for a
limited conditional reinstatement of the driver's license, subject
to the ignition interlock restriction, if the program participant is enrolled
in a licensed chemical dependency treatment or rehabilitation program as
recommended in a chemical use assessment, and if the participant meets the
other applicable requirements of section 171.30. After completing. As a prerequisite to eligibility for eventual
reinstatement of full driving privileges, a participant whose chemical use
assessment recommended treatment or rehabilitation shall complete a
licensed chemical dependency treatment or rehabilitation program and one
year of limited license use without violating the ignition interlock
restriction, the conditions of limited license use, or program guidelines, the
participant may apply for conditional reinstatement of the driver's license,
subject to the ignition interlock restriction. If the program participant's ignition
interlock device subsequently registers a positive breath alcohol concentration
of 0.02 or higher, the commissioner shall cancel the driver's license, and
the program participant may apply for another limited license according to this
paragraph. extend the time period
that the participant must participate in the program until the participant has
reached the required abstinence period described in section 169A.55,
subdivision 4.
(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority to determine when a program participant is eligible for restoration of full driving privileges, except that the commissioner shall not reinstate full driving privileges until the program participant has met all applicable prerequisites for reinstatement under section 169A.55 and until the program participant's device has registered no positive breath alcohol concentrations of 0.02 or higher during the preceding 90 days.
Sec. 11. Minnesota Statutes 2020, 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, paragraph (a), 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;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section 609.746, subdivision 1, paragraph (f);
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or aiding, abetting, or conspiring 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) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
(ii) false imprisonment in violation of section 609.255, subdivision 2;
(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in the sex trafficking of a minor in violation of section 609.322;
(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
(v) soliciting a minor to engage in sexual conduct in violation of section 609.352, subdivision 2 or 2a, clause (1);
(vi) using a minor in a sexual performance in violation of section 617.246; or
(vii) possessing pornographic work involving a minor in violation of section 617.247;
(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision 3a; or
(4) the person was charged with or
petitioned 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 an offense or involving similar circumstances to an offense
described in clause (1), (2), or (3), and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of
circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or
petitioned for an offense in another state that would be a violation of a
law similar to an offense or involving similar circumstances to an
offense described in paragraph (a) if committed in this state,
clause (1), (2), or (3), and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and remains for 14 days or longer or for an aggregate period of time exceeding 30 days during any calendar year; 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 a longer registration period under the laws of another state in which the person has been convicted or adjudicated, or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another state or is subject to lifetime registration, the person shall register for that time period 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 Minnesota Statutes 2012, section 253B.185, chapter 253D, 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 July 1, 2021, and applies to offenders who live in the state or who
enter the state on or after that date.
Sec. 12. [299A.477]
HOMETOWN HEROES ASSISTANCE PROGRAM.
Subdivision 1. Definitions. (a) The definitions in this
subdivision apply to this section.
(b) "Firefighter" means a
volunteer, paid on-call, part-time, or career firefighter serving a general
population within the boundaries of the state.
(c) "Minnesota Firefighter
Initiative" means a collaborative that is established by major fire
service organizations in Minnesota, is a nonprofit organization, and is tax
exempt under section 501(c)(3) of the Internal Revenue Code.
Subd. 2. Program
established. The commissioner
of public safety shall award a grant to the Minnesota Firefighter Initiative to
administer a hometown heroes assistance program for Minnesota firefighters. The Minnesota Firefighter Initiative shall
use the grant funds:
(1) to provide a onetime critical
illness monetary support payment to each firefighter who is diagnosed with
cancer or heart disease and who applies for the payment. Monetary support shall be provided according
to the requirements in subdivision 3;
(2) to develop a psychotherapy program
customized to address emotional trauma experienced by firefighters and to offer
all firefighters in the state up to five psychotherapy sessions per year under
the customized program, provided by mental health professionals;
(3) to offer additional psychotherapy
sessions to firefighters who need them;
(4) to develop, annually update, and
annually provide to all firefighters in the state at least two hours of
training on cancer, heart disease, and emotional trauma as causes of illness
and death for firefighters; steps and best practices for firefighters to limit
the occupational risks of cancer, heart disease, and emotional trauma; provide
evidence-based suicide prevention strategies; and ways for firefighters to
address occupation-related emotional trauma and promote emotional wellness. The training shall be presented by
firefighters who attend an additional course to prepare them to serve as
trainers; and
(5) for administrative and overhead
costs of the Minnesota Firefighter Initiative associated with conducting the
activities in clauses (1) to (4).
Subd. 3. Critical
illness monetary support program. (a)
The Minnesota Firefighter Initiative shall establish and administer a critical
illness monetary support program which shall provide a onetime support payment
of up to $20,000 to each firefighter diagnosed with cancer or heart disease. A firefighter may apply for monetary support
from the program, in a form specified by the Minnesota Firefighter Initiative,
if the firefighter has a current diagnosis of cancer or heart disease or was
diagnosed with cancer or heart disease in the year preceding the firefighter's
application. A firefighter's application
for monetary support must include a certification from the firefighter's health
care provider of the firefighter's diagnosis with cancer or heart disease. The Minnesota Firefighter Initiative shall
establish criteria to guide disbursement of monetary support payments under
this program, and shall scale the amount of monetary support provided to each
firefighter according to the severity of the firefighter's diagnosis.
(b) The commissioner of public safety
may access the accounts of the critical illness monetary support program and
may conduct periodic audits of the program to ensure that payments are being
made in compliance with this section and disbursement criteria established by
the Minnesota Firefighter Initiative.
Subd. 4. Money
from nonstate sources. The
commissioner may accept contributions from nonstate sources to supplement state
appropriations for the hometown heroes assistance program. Contributions received under this subdivision
are appropriated to the commissioner for the grant to the Minnesota Firefighter
Initiative for purposes of this section.
Sec. 13. Minnesota Statutes 2020, section 299A.52, subdivision 2, is amended to read:
Subd. 2. Expense
recovery. The commissioner shall
assess the responsible person for the regional hazardous materials response
team costs of response. The commissioner
may bring an action for recovery of unpaid costs, reasonable attorney fees, and
any additional court costs. Any funds
received by the commissioner under this subdivision are appropriated to the
commissioner to pay for costs for which the funds were received. Any remaining funds at the end of the
biennium shall be transferred to the Fire Safety Account.
Sec. 14. [299A.783]
STATEWIDE ANTITRAFFICKING INVESTIGATION COORDINATION.
Subdivision 1. Antitrafficking
investigation coordinator. The
commissioner of public safety must appoint a statewide antitrafficking
investigation coordinator who shall work in the Office of Justice Programs. The coordinator must be a current or former
law enforcement officer or prosecutor with experience investigating or
prosecuting trafficking-related offenses.
The coordinator must also have knowledge of services available to and
Safe Harbor response for victims of sex trafficking and sexual exploitation and
Minnesota's child welfare system response.
The coordinator serves at the pleasure of the commissioner in the
unclassified service.
Subd. 2. Coordinator's
responsibilities. The
coordinator shall have the following duties:
(1) develop, coordinate, and facilitate
training for law enforcement officers, prosecutors, courts, child welfare
workers, social service providers, medical providers, and other community
members;
(2) establish standards for approved
training and review compliance with those standards;
(3) coordinate and monitor
multijurisdictional sex trafficking task forces;
(4) review, develop, promote, and
monitor compliance with investigative protocols to ensure that law enforcement
officers and prosecutors engage in best practices;
(5) provide technical assistance and
advice related to the investigation and prosecution of trafficking offenses and
the treatment of victims;
(6)
promote the efficient use of resources by addressing issues of deconfliction,
providing advice regarding questions of jurisdiction, and promoting the sharing
of data between entities investigating and prosecuting trafficking offenses;
(7) assist in the appropriate
distribution of grants;
(8) perform other duties necessary to
ensure effective and efficient investigation and prosecution of trafficking‑related
offenses; and
(9) coordinate with other federal,
state, and local agencies to ensure multidisciplinary responses to trafficking
and exploitation of youth in Minnesota.
Sec. 15. [299A.85]
OFFICE FOR MISSING AND MURDERED INDIGENOUS RELATIVES.
Subdivision 1. Definitions. As used in this section, the following
terms have the meanings given.
(a) "Indigenous" means
descended from people who were living in North America at the time people from
Europe began settling in North America.
(b) "Missing and murdered
Indigenous relatives" means missing and murdered Indigenous people.
(c) "Missing and Murdered
Indigenous Women Task Force report" means the report titled "Missing
and Murdered Indigenous Women Task Force:
a Report to the Minnesota Legislature," published by the Wilder
Research organization in December 2020.
Subd. 2. Establishment. The commissioner shall establish and
maintain an office dedicated to preventing and ending the targeting of
Indigenous women, children, and two-spirited people with the Minnesota Office
of Justice Programs.
Subd. 3. Director;
staff. (a) The commissioner
must appoint a director who is a person closely connected to a Tribe or
Indigenous community and who is highly knowledgeable about criminal
investigations. The commissioner is
encouraged to consider candidates for appointment who are recommended by Tribes
and Indigenous communities.
(b) The director may select, appoint,
and compensate out of available funds assistants and employees as necessary to
discharge the office's responsibilities.
(c) The director and full-time staff
shall be members of the Minnesota State Retirement Association.
Subd. 4. Duties. The office has the following duties:
(1) advocate in the legislature for
legislation that will facilitate the accomplishment of the mandates identified
in the Missing and Murdered Indigenous Women Task Force report;
(2) advocate for state agencies to take
actions to facilitate the accomplishment of the mandates identified in the
Missing and Murdered Indigenous Women Task Force report;
(3) develop recommendations for legislative and agency actions to address injustice in the criminal justice system's response to the cases of missing and murdered Indigenous relatives;
(4) facilitate research to refine the
mandates in the Missing and Murdered Indigenous Women Task Force report and to
assess the potential efficacy, feasibility, and impact of the recommendations;
(5)
develop tools and processes to evaluate the implementation and impact of the
efforts of the office;
(6) track and collect Minnesota data on
missing and murdered indigenous women, children, and relatives, and provide
statistics upon public or legislative inquiry;
(7) facilitate technical assistance for
local and Tribal law enforcement agencies during active missing and murdered
Indigenous relatives cases;
(8) conduct case reviews and report on
the results of case reviews for the following types of missing and murdered
Indigenous relatives cases: cold cases
for missing Indigenous people and death investigation review for cases of
Indigenous people ruled as suicide or overdose under suspicious circumstances;
(9) conduct case reviews of the
prosecution and sentencing for cases where a perpetrator committed a violent or
exploitative crime against an Indigenous person. These case reviews should identify those
cases where the perpetrator is a repeat offender;
(10) prepare draft legislation as
necessary to allow the office access to the data required for the office to
conduct the reviews required in this section and advocate for passage of that
legislation;
(11) review sentencing guidelines for
missing and murdered Indigenous women-related crimes, recommend changes if
needed, and advocate for consistent implementation of the guidelines across
Minnesota courts;
(12) develop and maintain communication
with relevant divisions in the Department of Public Safety regarding any cases
involving missing and murdered Indigenous relatives and on procedures for
investigating cases involving missing and murdered Indigenous relatives; and
(13) coordinate, as relevant, with the Bureau of Indian Affairs' Cold Case Office through Operation Lady Justice and other federal efforts, as well as efforts in neighboring states and Canada. This recommendation pertains to state efforts. Tribes are sovereign nations that have the right to determine if and how they will coordinate with these other efforts.
Subd. 5. Coordination with other organizations. In fulfilling its duties the office may coordinate, as useful, with stakeholder groups that were represented on the Missing and Murdered Indigenous Women Task Force and state agencies that are responsible for the systems that play a role in investigating, prosecuting, and adjudicating cases involving violence committed against Indigenous women, those who have a role in supporting or advocating for missing or murdered Indigenous women and the people who seek justice for them, and those who represent the interests of Indigenous people. This includes the following entities: Minnesota Chiefs of Police Association; Minnesota Sheriffs' Association; Bureau of Criminal Apprehension; Minnesota Police and Peace Officers Association; Tribal law enforcement; Minnesota County Attorneys Association; United States Attorney's Office; juvenile courts; Minnesota Coroners' and Medical Examiners' Association; United States Coast Guard; state agencies, including the Departments of Health, Human Services, Education, Corrections, and Public Safety; the Minnesota Indian Affairs Council; service providers who offer legal services, advocacy, and other services to Indigenous women and girls; the Minnesota Indian Women's Sexual Assault Coalition; Mending the Sacred Hoop; Indian health organizations; Indigenous women and girls who are survivors; the 11 Tribal nations that share geography with Minnesota; and organizations and leadership from urban and statewide American Indian communities.
Subd. 6. Reports. The office must report on measurable
outcomes achieved to meet its statutory duties, along with specific objectives
and outcome measures proposed for the following year. The report must include data and statistics
on missing and murdered indigenous women, children, and relatives in Minnesota,
including names, dates of disappearance, and dates of death, to the extent the
data is publicly available. The office
must submit the report by January 15 each year to the chairs and ranking
minority members of the legislative committees with primary jurisdiction over
public safety.
Subd. 7. Grants. The office may apply for and receive
grants from public and private entities for purposes of carrying out the
office's duties under this section.
Subd. 8. Access
to data. Notwithstanding
section 13.384 or 13.85, the director has access to corrections and detention
data and medical data maintained by an agency and classified as private data on
individuals or confidential data on individuals to the extent the data is
necessary for the office to perform its duties under this section.
Sec. 16. Minnesota Statutes 2020, section 299C.80, subdivision 3, is amended to read:
Subd. 3. Additional
duty. (a) The unit shall
investigate all criminal sexual conduct cases:
(1) involving peace officers, including criminal
sexual conduct cases involving chief law enforcement officers; and
(2) where a member of the Minnesota National Guard is the victim, the accused is a member of the Minnesota National Guard, and the incident occurred in Minnesota.
(b) The unit shall assist the agency
investigating an alleged sexual assault of a member of the Minnesota National
Guard by another member of the Minnesota National Guard that occurred in a
jurisdiction outside of the state, if the investigating agency requests
assistance from the unit.
(c) The unit may also investigate conflict of interest cases involving peace officers.
EFFECTIVE DATE. This section is effective August 1, 2021, for
investigations beginning on or after that date.
Sec. 17. [299F.0115]
EXEMPTION FOR MEMBERS OF FEDERALLY RECOGNIZED TRIBES.
(a) The state fire marshal shall issue
building-specific waivers for elements of the State Fire Code that conflict
with a federally recognized Tribe's religious beliefs, traditional building
practices, or established teachings. Both
individual members of federally recognized Tribes, direct lineal descendents of
federally recognized Tribes, and organizations of members of federally
recognized Tribes may apply for these waivers.
(b) Waivers may only be granted for the following types of buildings:
(1) traditional residential buildings
that will be used solely by an individual applicant's household or an
organizational applicant's members;
(2) meeting houses; and
(3) one-room educational buildings.
(c) To obtain a waiver, an applicant
must apply to the state fire marshal on a form established by the state fire
marshal. The application must:
(1) identify the building the waiver
will apply to;
(2) identify the Tribe the applicant is
a member of; and
(3) declare that requirements of the
State Fire Code conflict with religious beliefs, traditional building
practices, or established teachings of the identified Tribe, which the
applicant adheres to.
(d) Any building for which a waiver is
granted may not be sold or leased until:
(1)
the building is brought into compliance with the version of the State Fire Code
in force at the time of the sale or lease; or
(2) the prospective buyer or lessee to
which the building is being sold or leased to obtains a waiver under this
section for the building.
Sec. 18. [326B.125]
EXEMPTION FOR MEMBERS OF FEDERALLY RECOGNIZED TRIBES.
(a) The commissioner of labor and
industry shall issue building-specific waivers for elements of the State
Building Code that conflict with a federally recognized Tribe's religious
beliefs, traditional building practices, or established teachings. Both individual members of federally
recognized Tribes, direct lineal descendents of federally recognized Tribes,
and organizations of members of federally recognized Tribes may apply for these
waivers.
(b) Waivers may only be granted for the
following types of buildings:
(1) traditional residential buildings
that will be used solely by an individual applicant's household or an
organizational applicant's members;
(2) meeting houses; and
(3) one-room educational buildings.
(c) To obtain a waiver, an applicant
must apply to the commissioner on a form established by the commissioner. The application must:
(1) identify the building the waiver
will apply to;
(2) identify the Tribe the applicant is
a member of; and
(3) declare that requirements of the
State Building Code conflict with religious beliefs, traditional building
practices, or established teachings of the identified Tribe, which the
applicant adheres to.
(d) Any building for which a waiver is
granted may not be sold or leased until:
(1) the building is brought into
compliance with the version of the State Building Code in force at the time of
the sale or lease; or
(2) the prospective buyer or lessee to
which the building is being sold or leased to obtains a waiver under this
section for the building.
Sec. 19. Minnesota Statutes 2020, section 340A.504, subdivision 7, is amended to read:
Subd. 7. Sales after 1:00 a.m.; permit fee. (a) No licensee may sell intoxicating liquor or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the licensee has obtained a permit from the commissioner. Application for the permit must be on a form the commissioner prescribes. Permits are effective for one year from date of issuance. For retailers of intoxicating liquor, the fee for the permit is based on the licensee's gross receipts from on-sales of alcoholic beverages in the 12 months prior to the month in which the permit is issued, and is at the following rates:
(1) up to $100,000 in gross receipts, $300;
(2) over $100,000 but not over $500,000 in gross receipts, $750; and
(3) over $500,000 in gross receipts, $1,000.
For a licensed retailer of intoxicating liquor who did not sell intoxicating liquor at on-sale for a full 12 months prior to the month in which the permit is issued, the fee is $200. For a retailer of 3.2 percent malt liquor, the fee is $200.
(b) The commissioner shall deposit all
permit fees received under this subdivision in the alcohol enforcement account
in the special revenue general fund.
(c) Notwithstanding any law to the contrary, the commissioner of revenue may furnish to the commissioner the information necessary to administer and enforce this subdivision.
Sec. 20. Minnesota Statutes 2020, section 403.02, subdivision 16, is amended to read:
Subd. 16. Metropolitan area. "Metropolitan area" means the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, and Washington.
Sec. 21. Minnesota Statutes 2020, section 403.03, subdivision 1, is amended to read:
Subdivision 1. Emergency response services. (a) Services available through a 911 system must include police, firefighting, and emergency medical and ambulance services. Other emergency and civil defense services may be incorporated into the 911 system at the discretion of the public agency operating the public safety answering point.
(b) In addition to ensuring an
appropriate response under paragraph (a), the 911 system may shall
include a referral to mental health crisis teams, where available.
Sec. 22. Minnesota Statutes 2020, section 403.07, subdivision 2, is amended to read:
Subd. 2. Design
standards for metropolitan area. The
Metropolitan 911 Emergency Services Board shall establish and
adopt design standards for the metropolitan area 911 system and transmit them
to the commissioner for incorporation into the rules adopted pursuant to this
section.
Sec. 23. Minnesota Statutes 2020, section 403.11, subdivision 1, is amended to read:
Subdivision 1. Emergency telecommunications service fee; account. (a) Each customer of a wireless or wire‑line switched or packet-based telecommunications service provider connected to the public switched telephone network that furnishes service capable of originating a 911 emergency telephone call is assessed a fee based upon the number of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing maintenance and related improvements for trunking and central office switching equipment for 911 emergency telecommunications service, to offset administrative and staffing costs of the commissioner related to managing the 911 emergency telecommunications service program, to make distributions provided for in section 403.113, and to offset the costs, including administrative and staffing costs, incurred by the State Patrol Division of the Department of Public Safety in handling 911 emergency calls made from wireless phones.
(b) Money remaining in the 911 emergency telecommunications service account after all other obligations are paid must not cancel and is carried forward to subsequent years and may be appropriated from time to time to the commissioner to provide financial assistance to counties for the improvement of local emergency telecommunications services.
(c) The fee may not be less than eight
cents nor more than 65 cents a month until June 30, 2008, not less than eight
cents nor more than 75 cents a month until June 30, 2009, not less than eight
cents nor more than 85 cents a month until June 30, 2010, and not less than
eight cents nor more than 95 cents a month on or after July 1, 2010, for
each customer access line or other basic access service, including trunk equivalents as designated by the Public Utilities Commission for access charge purposes and including wireless telecommunications services. With the approval of the commissioner of management and budget, the commissioner of public safety shall establish the amount of the fee within the limits specified and inform the companies and carriers of the amount to be collected. When the revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is no longer needed. The commissioner shall provide companies and carriers a minimum of 45 days' notice of each fee change. The fee must be the same for all customers, except that the fee imposed under this subdivision does not apply to prepaid wireless telecommunications service, which is instead subject to the fee imposed under section 403.161, subdivision 1, paragraph (a).
(d) The fee must be collected by each wireless or wire-line telecommunications service provider subject to the fee. Fees are payable to and must be submitted to the commissioner monthly before the 25th of each month following the month of collection, except that fees may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a month is due. Receipts must be deposited in the state treasury and credited to a 911 emergency telecommunications service account in the special revenue fund. The money in the account may only be used for 911 telecommunications services.
(e) Competitive local exchanges carriers holding certificates of authority from the Public Utilities Commission are eligible to receive payment for recurring 911 services.
Sec. 24. Minnesota Statutes 2020, section 403.21, subdivision 3, is amended to read:
Subd. 3. First
phase. "First phase" or
"first phase of the regionwide public safety radio communication
system" means the initial backbone which serves the following nine-county
ten-county metropolitan area: Anoka,
Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, and
Washington Counties.
Sec. 25. Minnesota Statutes 2020, section 403.21, subdivision 12, is amended to read:
Subd. 12. Greater
Minnesota. "Greater
Minnesota" means the area of the state outside the nine-county ten‑county
metropolitan area served by the first phase.
Sec. 26. Minnesota Statutes 2020, section 403.36, subdivision 1, is amended to read:
Subdivision 1. Membership. (a) The commissioner of public safety shall convene and chair the Statewide Radio Board to develop a project plan for a statewide, shared, trunked public safety radio communication system. The system may be referred to as "Allied Radio Matrix for Emergency Response," or "ARMER."
(b) The board consists of the following members or their designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the state chief information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State Patrol;
(6) the chair of the Metropolitan Council;
(7)
two elected city officials, one from the nine-county ten-county
metropolitan area and one from Greater Minnesota, appointed by the governing
body of the League of Minnesota Cities;
(8) two elected county officials, one from
the nine-county ten-county metropolitan area and one from Greater
Minnesota, appointed by the governing body of the Association of Minnesota
Counties;
(9) two sheriffs, one from the nine-county
ten-county metropolitan area and one from Greater Minnesota, appointed
by the governing body of the Minnesota Sheriffs' Association;
(10) two chiefs of police, one from the nine-county
ten-county metropolitan area and one from Greater Minnesota, appointed
by the governor after considering recommendations made by the Minnesota Chiefs'
of Police Association;
(11) two fire chiefs, one from the nine-county
ten-county metropolitan area and one from Greater Minnesota, appointed
by the governor after considering recommendations made by the Minnesota Fire
Chiefs' Association;
(12) two representatives of emergency
medical service providers, one from the nine-county ten-county
metropolitan area and one from Greater Minnesota, appointed by the governor
after considering recommendations made by the Minnesota Ambulance Association;
(13) the chair of the regional radio
board for the metropolitan area Metropolitan Emergency Services Board;
and
(14) a representative of Greater Minnesota elected by those units of government in phase three and any subsequent phase of development as defined in the statewide, shared radio and communication plan, who have submitted a plan to the Statewide Radio Board and where development has been initiated.
(c) The Statewide Radio Board shall coordinate the appointment of board members representing Greater Minnesota with the appointing authorities and may designate the geographic region or regions from which an appointed board member is selected where necessary to provide representation from throughout the state.
Sec. 27. [604A.06]
AID TO SEXUAL ASSAULT VICTIMS.
Subdivision 1. Person
seeking assistance; immunity from prosecution. (a) A person acting in good faith who
contacts a 911 operator or first responder to report that a sexual assault
victim is in need of assistance may not be charged or prosecuted for:
(1) the possession, sharing, or use of
a controlled substance under section 152.025, or possession of drug
paraphernalia; and
(2) if the person is under the age of
21 years, the possession, purchase, or consumption of alcoholic beverages under
section 340A.503.
(b) A person qualifies for the
immunities provided in this subdivision only if:
(1) the evidence for the charge or
prosecution was obtained as a result of the person's seeking assistance for a
sexual assault victim; and
(2) the person seeks assistance for a
sexual assault victim who is in need of assistance for an immediate health or
safety concern, provided that the person who seeks the assistance is the first
person to seek the assistance, provides a name and contact information, and remains
on the scene until assistance arrives or is provided.
(c)
This subdivision applies to one or two persons acting in concert with the
person initiating contact provided all the requirements of paragraphs (a) and
(b) are met.
Subd. 2. Person
experiencing sexual assault; immunity from prosecution. (a) A sexual assault victim who is in
need of assistance may not be charged or prosecuted for:
(1) the possession, sharing, or use of
a controlled substance under section 152.025, or possession of drug paraphernalia;
and
(2) if the victim is under the age of
21 years, the possession, purchase, or consumption of alcoholic beverages under
section 340A.503.
(b) A victim qualifies for the
immunities provided in this subdivision only if the evidence for the charge or
prosecution was obtained as a result of the request for assistance related to
the sexual assault.
Subd. 3. Persons
on probation or release. A
person's pretrial release, probation, furlough, supervised release, or parole
shall not be revoked based on an incident for which the person would be immune
from prosecution under subdivision 1 or 2.
Subd. 4. Effect
on other criminal prosecutions. (a)
The act of providing assistance to a sexual assault victim may be used as a
mitigating factor in a criminal prosecution for which immunity is not provided.
(b) Nothing in this section shall:
(1) be construed to bar the
admissibility of any evidence obtained in connection with the investigation and
prosecution of other crimes or violations committed by a person who otherwise
qualifies for limited immunity under this section;
(2) preclude prosecution of a person on
the basis of evidence obtained from an independent source;
(3) be construed to limit, modify, or
remove any immunity from liability currently available to public entities,
public employees by law, or prosecutors; or
(4) prevent probation officers from conducting drug or alcohol testing of persons on pretrial release, probation, furlough, supervised release, or parole.
EFFECTIVE DATE. This section is effective August 1, 2021, and applies to actions arising from incidents occurring on or after that date.
Sec. 28. Minnesota Statutes 2020, section 609.1095, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given.
(b) "Conviction" means any of the following accepted and recorded by the court: a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes a conviction by any court in Minnesota or another jurisdiction.
(c) "Prior conviction" means a conviction that occurred before the offender committed the next felony resulting in a conviction and before the offense for which the offender is being sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of the following laws of this state or any similar laws of the United States or any other state: sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.322; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15 years or more; or Minnesota Statutes 2012, section 609.21.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 29. Minnesota Statutes 2020, section 609.131, subdivision 2, is amended to read:
Subd. 2. Certain
violations excepted. Subdivision 1
does not apply to a misdemeanor violation of section 169A.20; 171.09,
subdivision 1, paragraph (g); 171.306, subdivision 6; 609.224; 609.2242; 609.226;
609.324, subdivision 3; 609.52; or 617.23, or an ordinance that conforms
in substantial part to any of those sections.
A violation described in this subdivision must be treated as a
misdemeanor unless the defendant consents to the certification of the violation
as a petty misdemeanor.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 30. Minnesota Statutes 2020, section 609.322, subdivision 1, is amended to read:
Subdivision 1. Solicitation,
inducement, and promotion of prostitution; sex trafficking in the first degree. (a) Whoever, while acting other than as a
prostitute or patron, intentionally does any of the following may be sentenced
to imprisonment for not more than 20 25 years or to payment of a
fine of not more than $50,000, or both:
(1) solicits or induces an individual under the age of 18 years to practice prostitution;
(2) promotes the prostitution of an individual under the age of 18 years;
(3) receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual under the age of 18 years; or
(4) engages in the sex trafficking of an individual under the age of 18 years.
(b) Whoever violates paragraph (a) or
subdivision 1a may be sentenced to imprisonment for not more than 25 30
years or to payment of a fine of not more than $60,000, or both, if one or more
of the following aggravating factors are present:
(1) the offender has committed a prior qualified human trafficking-related offense;
(2) the offense involved a sex trafficking victim who suffered bodily harm during the commission of the offense;
(3) the time period that a sex trafficking victim was held in debt bondage or forced labor or services exceeded 180 days; or
(4) the offense involved more than one sex trafficking victim.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 31. Minnesota Statutes 2020, section 609.322, subdivision 1a, is amended to read:
Subd. 1a. Solicitation,
inducement, and promotion of prostitution; sex trafficking in the second degree. Whoever, while acting other than as a
prostitute or patron, intentionally does any of the following may be sentenced
to imprisonment for not more than 15 20 years or to payment of a
fine of not more than $40,000, or both:
(1) solicits or induces an individual to practice prostitution;
(2) promotes the prostitution of an individual;
(3) receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual; or
(4) engages in the sex trafficking of an individual.
EFFECTIVE
DATE. This section is effective
September 15, 2021, and applies to crimes committed on or after that date.
Sec. 32. Minnesota Statutes 2020, section 609.221, is amended to read:
609.221
ASSAULT IN THE FIRST DEGREE.
Subdivision 1. Great bodily harm. Whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.
Subd. 2. Use of
deadly force against peace officer, prosecuting attorney, judge, or
correctional employee. (a) Whoever
assaults a peace officer, prosecuting attorney, judge, or correctional employee
by using or attempting to use deadly force against the officer, attorney,
judge, or employee while the person is engaged in the performance of a duty
imposed by law, policy, or rule may be sentenced to imprisonment for not more
than 20 years or to payment of a fine of not more than $30,000, or both.
(b) A person convicted of assaulting a
peace officer, prosecuting attorney, judge, or correctional employee as described
in paragraph (a) shall be committed to the commissioner of corrections for not
less than ten years, nor more than 20 years.
A defendant convicted and sentenced as required by this paragraph is not
eligible for probation, parole, discharge, work release, or supervised release,
until that person has served the full term of imprisonment as provided by law,
notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04,
609.12, and 609.135. Notwithstanding
section 609.135, the court may not stay the imposition or execution of this
sentence.
Subd. 3. Great
bodily harm; peace officer, prosecuting attorney, judge, or correctional
employee. Whoever assaults a
peace officer, prosecuting attorney, judge, or correctional employee and
inflicts great bodily harm on the officer, attorney, judge, or employee while
the person is engaged in the performance of a duty imposed by law, policy, or
rule may be sentenced to imprisonment for not more than 25 years or to payment
of a fine of not more than $35,000, or both.
Subd. 4. Use
of dangerous weapon or deadly force resulting in great bodily harm against
peace officer, prosecuting attorney, judge, or correctional employee. Whoever assaults and inflicts great
bodily harm upon a peace officer, prosecuting attorney, judge, or correctional
employee with a dangerous weapon or by using or attempting to use deadly force
against the officer, attorney, judge, or employee while the person is engaged
in the performance of a duty imposed by law, policy, or rule may be sentenced
to imprisonment for not more than 30 years or to payment of a fine of not more
than $40,000, or both.
Subd. 5. Mandatory
sentences for assaults against a peace officer, prosecuting attorney, judge, or
correctional employee. (a) A
person convicted of assaulting a peace officer, prosecuting attorney, judge, or
correctional employee shall be committed to the custody of the commissioner of
corrections for not less than:
(1) ten years, nor more than 20 years,
for a violation of subdivision 2;
(2) 15 years, nor more than 25 years,
for a violation of subdivision 3; or
(3) 25 years, nor more than 30 years,
for a violation of subdivision 4.
(b) A defendant convicted and sentenced
as required by this subdivision is not eligible for probation, parole,
discharge, work release, or supervised release, until that person has served
the full term of imprisonment as provided by law, notwithstanding the
provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135. Notwithstanding section 609.135, the court
may not stay the imposition or execution of this sentence.
Subd. 6. Definitions. (c) As used in this subdivision
section:
(1) "correctional employee" means an employee of a public or private prison, jail, or workhouse;
(2) "deadly force" has the meaning given in section 609.066, subdivision 1;
(3) "peace officer" has the meaning given in section 626.84, subdivision 1;
(4) "prosecuting attorney" means an attorney, with criminal prosecution or civil responsibilities, who is the attorney general, a political subdivision's elected or appointed county or city attorney, or a deputy, assistant, or special assistant of any of these; and
(5) "judge" means a judge or justice of any court of this state that is established by the Minnesota Constitution.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 33. Minnesota Statutes 2020, section 609.324, subdivision 2, is amended to read:
Subd. 2. Patrons
of prostitution in public place; penalty for patrons. (a) Whoever, while acting as a
patron, intentionally does any of the following while in a public place
is guilty of a gross misdemeanor:
(1) engages in prostitution with an individual 18 years of age or older; or
(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact.
Except as otherwise provided in subdivision 4, a person who is convicted of violating this subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.
(b) Whoever violates the provisions of
this subdivision within ten years of a previous conviction for violating this
section or section 609.322 is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 34. Minnesota Statutes 2020, section 609.324, subdivision 4, is amended to read:
Subd. 4. Community
service in lieu of minimum fine. The
court may order a person convicted of violating subdivision 2 or 3 to
perform community work service in lieu of all or a portion of the minimum fine
required under those subdivisions if the court makes specific, written findings
that the convicted person is indigent or that payment of the fine would create
undue hardship for the convicted person or that person's immediate family. Community work service ordered under this
subdivision is in addition to any mandatory community work service ordered
under subdivision 3.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 35. Minnesota Statutes 2020, section 609.3241, is amended to read:
609.3241
PENALTY ASSESSMENT AUTHORIZED.
(a) When a court sentences an adult
convicted of violating section 609.27, 609.282, 609.283, 609.322, 609.324,
609.33, 609.352, 617.246, 617.247, or 617.293, while acting other than as a
prostitute, the court shall impose an assessment of not less than $500 and not
more than $750 for a misdemeanor violation of section 609.27, a violation of
section 609.324, subdivision 2, a misdemeanor violation of section 609.324,
subdivision 3, a violation of section 609.33, or a violation of section
617.293; otherwise the court shall impose an assessment of not less than $750
and not more than $1,000. The assessment
shall be distributed as provided in paragraph (c) and is in addition to the surcharge
required by section 357.021, subdivision 6.
(b) The court may not waive payment of the minimum assessment required by this section. If the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the assessment would create undue hardship for the convicted person or that person's immediate family, the court may reduce the amount of the minimum assessment to not less than $100. The court also may authorize payment of the assessment in installments.
(c) The assessment collected under paragraph (a) must be distributed as follows:
(1) 40 percent of the assessment shall be forwarded to the political subdivision that employs the arresting officer for use in enforcement, training, and education activities related to combating sexual exploitation of youth, or if the arresting officer is an employee of the state, this portion shall be forwarded to the commissioner of public safety for those purposes identified in clause (3);
(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled the case for use in training and education activities relating to combating sexual exploitation activities of youth; and
(3) 40 percent of the assessment must be forwarded to the commissioner of health to be deposited in the safe harbor for youth account in the special revenue fund and are appropriated to the commissioner for distribution to crime victims services organizations that provide services to sexually exploited youth, as defined in section 260C.007, subdivision 31.
(d) A safe harbor for youth account is established as a special account in the state treasury.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 36. Minnesota Statutes 2020, section 609.3459, is amended to read:
609.3459
LAW ENFORCEMENT; REPORTS OF SEXUAL ASSAULTS.
(a) A victim of any violation of sections
609.342 to 609.3453 may initiate a law enforcement investigation by contacting
any law enforcement agency, regardless of where the crime may have occurred. The agency must prepare a summary of the
allegation and provide the person with a copy of it. The agency must begin an investigation of the
facts, or, if the suspected crime was committed in a different jurisdiction,
refer the matter along with the summary to the law enforcement agency where the
suspected crime was committed for an investigation of the facts. If the agency learns that both the victim
and the accused are members of the Minnesota National Guard, the agency
receiving the report must refer the matter along with the summary to the Bureau
of Criminal Apprehension for investigation pursuant to section 299C.80.
(b) If a law enforcement agency refers the matter to the law enforcement agency where the crime was committed, it need not include the allegation as a crime committed in its jurisdiction for purposes of information that the agency is required to provide to the commissioner of public safety pursuant to section 299C.06, but must confirm that the other law enforcement agency has received the referral.
EFFECTIVE DATE. This section is effective August 1, 2021, for
investigations beginning on or after that date.
Sec. 37. Minnesota Statutes 2020, section 609.352, subdivision 4, is amended to read:
Subd. 4.
Penalty. A person convicted under subdivision 2 or
2a is guilty of a felony and may be sentenced to imprisonment for not more than
three five years, or to payment of a fine of not more than $5,000
$10,000, or both.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 38. [609.3775]
CHILD TORTURE.
Subdivision 1. Definition. As used in this section,
"torture" means the intentional infliction of extreme mental anguish,
or extreme psychological or physical abuse, when committed in an especially
depraved manner.
Subd. 2. Crime. A person who tortures a child is
guilty of a felony and may be sentenced to imprisonment for not more than 25
years or to payment of a fine of not more than $35,000, or both.
Subd. 3. Proof;
evidence. (a) Expert
testimony as to the existence or extent of mental anguish or psychological
abuse is not a requirement for a conviction under this section.
(b) A child's special susceptibility to
mental anguish or psychological abuse does not constitute an independent cause
of the condition so that a defendant is exonerated from criminal liability.
(c) Proof that a victim suffered pain is
not an element of a violation of this section.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 39. Minnesota Statutes 2020, section 609.605, subdivision 2, is amended to read:
Subd. 2. Gross misdemeanor. Whoever trespasses upon the grounds of a facility providing emergency shelter services for battered women, as defined under section 611A.31, subdivision 3, or providing comparable services for sex trafficking victims, as defined under section 609.321, subdivision 7b, or of a facility providing transitional
housing for battered women and their children or sex trafficking victims and their children, without claim of right or consent of one who has right to give consent, and refuses to depart from the grounds of the facility on demand of one who has right to give consent, is guilty of a gross misdemeanor.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 40. Minnesota Statutes 2020, section 609.66, subdivision 1e, is amended to read:
Subd. 1e. Felony;
drive-by shooting. (a) Whoever,
A person is guilty of a felony who, while in or having just exited from
a motor vehicle, recklessly discharges a firearm at or toward another:
(1) an unoccupied motor vehicle or a
building is guilty of a felony and may be sentenced to imprisonment for not
more than three years or to payment of a fine of not more than $6,000, or both.;
(2) an occupied motor vehicle or
building; or
(3) a person.
(b) Any person who violates this
subdivision by firing at or toward a person, or an occupied building or motor
vehicle, may be sentenced A person convicted under paragraph (a), clause
(1), may be sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $6,000, or both. A person convicted under paragraph (a),
clause (2) or (3), may be sentenced to imprisonment for not more than ten
years or to payment of a fine of not more than $20,000, or both.
(c) For purposes of this subdivision, "motor vehicle" has the meaning given in section 609.52, subdivision 1, and "building" has the meaning given in section 609.581, subdivision 2.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 41. Laws 2016, chapter 189, article 4, section 7, is amended to read:
Sec. 7. PUBLIC
SAFETY |
|
$-0- |
|
$6,100,000 |
Appropriations by Fund |
||
General |
-0- |
1,600,000 |
Trunk Highway |
-0- |
4,500,000 |
The amounts that may be spent for each purpose are specified in the following paragraphs.
(a) DNA
Laboratory
$630,000 is for the Bureau of Criminal Apprehension DNA laboratory, including the addition of six forensic scientists. The base for this activity is $1,000,000 in each of the fiscal years 2018 and 2019 for eight forensic scientists.
(b) Children
In Need of Services or in Out-Of-Home Placement
$150,000 is for a grant to an organization that provides legal representation to children in need of protection or services and children in out-of-home placement. The grant is contingent upon a
match in an equal amount from nonstate funds. The match may be in kind, including the value of volunteer attorney time, or in cash, or in a combination of the two.
(c) Sex
Trafficking
$820,000 is for grants to state and local units of government for the following purposes:
(1) to support new or existing multijurisdictional entities to investigate sex trafficking crimes; and
(2) to provide technical assistance for sex
trafficking crimes, including training and case consultation, to law
enforcement agencies statewide.
(d) State
Patrol
$4,500,000 is from the trunk highway fund to recruit, hire, train, and equip a State Patrol Academy. This amount is added to the appropriation in Laws 2015, chapter 75, article 1, section 5, subdivision 3. The base appropriation from the trunk highway fund for patrolling highways in each of fiscal years 2018 and 2019 is $87,492,000, which includes $4,500,000 each year for a State Patrol Academy.
Sec. 42. Laws 2017, chapter 95, article 1, section 11, subdivision 7, is amended to read:
Subd. 7. Office
of Justice Programs |
|
39,580,000 |
|
40,036,000 |
Appropriations by Fund |
||
General |
39,484,000 |
39,940,000 |
State Government Special Revenue |
96,000 |
96,000 |
(a) OJP Administration Costs |
|
|
|
|
Up to 2.5 percent of the grant funds appropriated in this subdivision may be used by the commissioner to administer the grant program.
(b) Combating Terrorism Recruitment |
|
|
|
|
$250,000 each year is for grants to local law enforcement agencies to develop strategies and make efforts to combat the recruitment of Minnesota residents by terrorist organizations such as ISIS and al‑Shabaab. This is a onetime appropriation.
(c) Sex Trafficking Prevention Grants |
|
|
|
|
$180,000 each year is for grants to state and local units of government for the following purposes:
(1) to support new or existing multijurisdictional entities to investigate sex trafficking crimes; and
(2) to provide technical assistance,
including training and case consultation, to law enforcement agencies
statewide.
(d) Pathway to Policing Reimbursement Grants |
|
|
|
|
$400,000
the second year is for reimbursement grants to local units of government that
operate pathway to policing programs intended to bring persons with
nontraditional backgrounds into law enforcement. Applicants for reimbursement grants may
receive up to 50 percent of the cost of compensating and training pathway to
policing participants. Reimbursement
grants shall be proportionally allocated based on the number of grant
applications approved by the commissioner.
Sec. 43. Laws 2020, Seventh Special Session chapter 2, article 2, section 4, is amended to read:
Sec. 4. TRANSFER;
ALCOHOL ENFORCEMENT ACCOUNT.
(a) By July 15, 2021, the
commissioner of public safety must certify to the commissioner of management
and budget the amount of permit fees waived under section 3, clause (2), during
the period from January 1, 2021, to June 30, 2021, and the commissioner of
management and budget must transfer the certified amount from the general fund
to the alcohol enforcement account in the special revenue fund established
under Minnesota Statutes, section 299A.706.
(b) By January 15, 2022, the
commissioner of public safety must certify to the commissioner of management
and budget the amount of permit fees waived under section 3, clause (2), during
the period from July 1, 2021, to December 31, 2021, and the commissioner of
management and budget must transfer the certified amount from the general fund
to the alcohol enforcement account in the special revenue fund established
under Minnesota Statutes, section 299A.706.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 44. NEUROPSYCHOLOGICAL
EXAMINATION FEASIBILITY STUDY.
(a) The state court administrator shall
conduct a feasibility study on requiring courts to order that individuals
convicted of felony-level criminal offenses undergo a neuropsychological
examination to determine whether, due to a stroke, traumatic brain injury, or
fetal alcohol spectrum disorder, the individual had a mental impairment that
caused the individual to lack substantial capacity for judgment when the
offense was committed.
(b) In conducting the study, the
administrator shall consult with interested parties, including but not limited
to prosecutors, public defenders, private criminal defense attorneys, law
enforcement officials, probation officers, judges and employees of the
judiciary, corrections officials, mental health practitioners and treatment
providers, individuals with experience in conducting neuropsychological
examinations, and individuals who have experience in the criminal justice
system with people who have suffered strokes, traumatic brain injuries, and
fetal alcohol spectrum disorder.
(c) The study must make recommendations
on whether the law should be changed to require these examinations and, if so, the situations and conditions under
which the examinations should be required, including but not limited to:
(1)
the types of offenses the requirement should apply to;
(2) how best to screen individuals to
determine whether an examination should be required;
(3) situations in which an examination
would not be required, potentially including where a recent examination had
been conducted;
(4) the costs involved with requiring
examinations and how best to pay for these costs; and
(5) the effect examination results
should have on future proceedings involving the individual, including
sentencing and providing treatment.
(d) By February 15, 2022, the state
court administrator shall report to the chairs and ranking minority members of
the legislative committees with jurisdiction over criminal justice policy and
funding on the results of the study.
Sec. 45. 911
TELECOMMUNICATOR WORKING GROUP.
Subdivision 1. Membership. (a) The commissioner of public safety
shall convene a 911 telecommunicator working group that consists of the
commissioner, or a designee, and one representative of each of the following
organizations:
(1) the Minnesota Chiefs of Police
Association;
(2) the Minnesota Sheriffs' Association;
(3) the Minnesota Police and Peace
Officers Association;
(4) the Emergency Communications
Network;
(5) the Minnesota State Fire Chiefs
Association;
(6) the Association of Minnesota
Counties;
(7) the League of Minnesota Cities;
(8) Tribal dispatchers;
(9) the Metropolitan Emergency Services
Board;
(10) the Emergency Medical Services
Regulatory Board;
(11) the Statewide Emergency
Communications Board;
(12) each of the Statewide Emergency
Communications Board's seven regional boards;
(13) mental health crisis team providers;
(14) the Minnesota Association of
Public Safety Communications Officials (MN APCO) and the National Emergency
Number Association of Minnesota (NENA of MN); and
(15) the Minnesota Ambulance
Association.
(b)
The working group must also include a nonsupervisory telecommunicator working
in a regional center outside of the seven-county metropolitan area, a
nonsupervisory telecommunicator working in rural Minnesota, and a
nonsupervisory telecommunicator working in the seven-county metropolitan area.
(c) The organizations specified in
paragraph (a) shall provide the commissioner with a designated member to serve
on the working group by August 1, 2021. The
commissioner shall appoint these members to the working group. Appointments to the working group must be
made by August 15, 2021.
Subd. 2. Duties;
report. The working group
must submit a report to the chairs and ranking minority members of the
legislative committees with jurisdiction over public safety policy and finance
by January 15, 2022. The report must:
(1) recommend a statutory definition of
911 telecommunicators;
(2) recommend minimum training and
continuing education standards for certification of 911 telecommunicators;
(3) recommend standards for
certification of 911 telecommunicators;
(4) recommend funding options for
mandated 911 telecommunicators training;
(5) recommend best practices in
incident response command structure for the state's first responders to
implement that do not violate either the United States or Minnesota
Constitutions, after reviewing the various incident response command structures
used in the field across the nation and world; and
(6) provide other recommendations the
working group deems appropriate.
Subd. 3. First
meeting; chair. The
commissioner of public safety must convene the first meeting of the working
group by September 15, 2021. At the
first meeting, the members must elect a chair.
The working group may conduct meetings remotely. The chair shall be responsible for document
management of materials for the working group.
Subd. 4. Compensation;
reimbursement. Members serve
without compensation.
Subd. 5. Administrative
support. The commissioner of
public safety must provide administrative support to the working group.
Subd. 6. Expiration. The working group expires January 15,
2022.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 46. SURVIVOR
SUPPORT AND PREVENTION GRANTS.
Subdivision 1. Meeting
victim needs; grants. The
Office of Justice Programs shall award grants to organizations serving victims
of crime to (1) provide direct financial assistance to victims in order to
support their immediate financial needs and mitigate the impacts of crime, and
(2) stop the cycles of violence by meeting emerging or unmet needs impacting
victims of crime.
Subd. 2. Eligibility
and awards. (a) For grants to
organizations to provide direct financial assistance, the director shall
establish the eligibility requirements and mechanisms for distribution of funds
in consultation with Violence Free Minnesota, the Minnesota Coalition Against
Sexual Assault, Minnesota Alliance on Crime, the
Minnesota
Indian Women Sexual Assault Coalition, and Sacred Hoop Coalition. Eligibility requirements shall prioritize
victim survivors based on economic need; whether the victim survivor is a
member of an underserved population; whether the person was a victim of sexual
assault, domestic violence, child abuse, or other violent crime; and whether
the victim was a juvenile.
(b) For grants to stop the cycles of
violence by meeting emerging or unmet needs impacting victims of crime, the
director shall award grants to individuals or organizations who provide direct
support to victims, including but not limited to providing support for
immediate and emerging needs for victims of crime or for domestic abuse
transformative justice programs. The
director shall prioritize applicants seeking to establish, maintain, or expand
services to underserved populations.
(c) Of the amount appropriated for
survivor support and prevention grants, at least 30 percent must be awarded to
organizations to provide direct financial assistance pursuant to paragraph (a)
and at least 30 percent must be awarded to individuals or organizations
providing support to victims pursuant to paragraph (b).
Subd. 3. Report. (a) By January 15 of each odd-numbered
year the director shall submit a report to the legislative committees with
jurisdiction over public safety on the survivor support and prevention grants. At a minimum, the report shall include the
following:
(1) the number of grants awarded to
organizations to provide direct financial assistance to victims and the total
amount awarded to each organization;
(2) the average amount of direct
financial assistance provided to individual victims by each organization;
(3) summary demographic information of
recipients of direct financial assistance, including the age, sex, and race of
the recipients;
(4) summary information identifying the
crimes committed against the recipients of direct financial assistance;
(5) summary information identifying the
counties in which recipients of direct financial assistance resided at the time
they received the assistance;
(6) the total number of grants issued
to individuals or organizations providing support for crime victims;
(7) the amount of grants issued to
individuals or organizations providing support for crime victims; and
(8) the services provided by the grant
recipients that provided support for crime victims.
(b) If the director enters into an
agreement with any other organization for the distribution of funds, the
director shall require that organization to provide the information identified
in paragraph (a).
Sec. 47. INNOVATION
IN COMMUNITY SAFETY.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given them.
(b) "Civilian review board"
means a board, commission, or other oversight body created to provide civilian
oversight of the conduct of peace officers and law enforcement agencies.
(c) "Commissioner" means the
commissioner of public safety.
(d) "Local commission" has
the meaning given in Minnesota Statutes, section 363A.03, subdivision 23.
(e)
"Metropolitan area" has the meaning given in Minnesota Statutes,
section 473.121, subdivision 2.
(f) "Targeted area" means one
or more contiguous census tracts as reported in the most recently completed
decennial census published by the United States Bureau of the Census that has a
poverty rate of at least 20 percent and that experiences a disproportionately
high rate of violent crime.
Subd. 2. Community
engagement. The commissioner
shall work with community members to develop a strategy to address violence
within targeted areas and promote community healing and recovery. Additionally, the commissioner shall:
(1) provide technical assistance or
navigation services to individuals seeking to apply for grants issued by the
office;
(2) identify targeted areas;
(3) organize and provide technical
assistance to local grant advisory boards;
(4) assist local grant advisory boards
in soliciting applications for grants;
(5) develop simplified grant
application materials;
(6) identify effective forms of
community-led intervention to promote public safety;
(7) encourage the use of restorative
justice programs, including but not limited to sentencing circles; and
(8) administer grants.
Subd. 3. Innovation
in community safety grants. (a)
Pursuant to the advice of community grant advisory boards, the commissioner
shall award grants to organizations in targeted areas for the purposes
identified in this subdivision. The
commissioner may prioritize targeted areas, determine which targeted areas are
eligible for grants, and establish the total amount of money available for
grants in each targeted area. In
prioritizing targeted areas, the commissioner shall prioritize areas that have
the highest rates of violent crime.
(b) Recipients of youth, young adult,
and family antiviolence outreach program grants may work with other
organizations, including but not limited to law enforcement, state and local
public agencies, interfaith organizations, nonprofit organizations, and African
immigrant and African American community organizations and stakeholders; may
focus on African immigrant and African American youth and young adults; and
must:
(1) identify behaviors indicating that
an individual is vulnerable to committing or being the victim of bullying or
interfamily, community, or domestic abuse;
(2) identify and assess factors and
influences, including but not limited to family dysfunction and cultural
disengagement that make youth and young adults vulnerable to recruitment by
violent organizations;
(3) develop strategies to reduce and
eliminate abusive and bullying behaviors among youth and adults;
(4) develop and implement strategies to
reduce and eliminate the factors and influences that make youth and young
adults vulnerable to recruitment by violent organizations;
(5) develop strategies, programs, and
services to educate parents and other family members to recognize and address
behaviors indicating that youth are being recruited by violent organizations;
and
(6)
in collaboration with public entities and other community and private
organizations that provide services to at-risk youth and families, develop
strategies, programs, and services to reduce and eliminate bullying, abusive
behavior, and the vulnerability of youth to recruitment by violent
organizations, including but not limited to:
(i) expressive and receptive
communications programs, including music, art, theater, dance, and play
designed to teach and develop appropriate skills for interfaith family
communication;
(ii) development of protective skills
and positive coping skills to deal with bullying, domestic abuse and interfaith
family violence, and violent confrontations in the community;
(iii) culturally appropriate individual
and family counseling focusing on communication and interpersonal relations
with the family and, when appropriate, the African immigrant and African
American community;
(iv) after-school and summer programs
for youth and young adults that are structured and include components offering
physical recreation, sports, mentorship, education enrichment, art, music, and
social activities that are culturally appropriate;
(v) individual and family-oriented
financial planning and management skill building;
(vi)
culturally appropriate individual and family counseling focusing on education
and employment counseling; and
(vii) information regarding and direct
links to entities that provide employment skills training, job search and
placement, and employment support activities and services.
(c) Recipients of grants to implement
the Minnesota SafeStreets program must work with other organizations and
persons in the community to develop community-based responses to violence that:
(1) use and adapt critical incident
response methods that have been identified as best practices in the field,
including violence prevention, situational de-escalation, mitigation of trauma,
and restorative justice;
(2) provide targeted interventions to
prevent the escalation of violence after the occurrence of serious incidents,
such as a shooting, murder, or other violent crime;
(3) de-escalate violence with the use
of community-based interventions designed to prevent conflict from becoming
violent;
(4) provide an alternative to
adjudication through a restorative justice model for persons who commit lower
level offenses;
(5) develop working relationships with
community providers to enable young people to care for themselves and their
families in healthy and empowered ways; and
(6) culminate in a collective action
plan that, at a minimum, includes the following:
(i) increased educational
opportunities;
(ii) meaningful workforce
opportunities;
(iii) leadership-based entrepreneurial
and social enterprise opportunities;
(iv) expanded mental health and
chemical health services; and
(v)
access to critically needed human and social services.
(d) Recipients of grants to promote
community healing must provide programs and direct intervention to promote
wellness and healing justice and may use funds for:
(1) programmatic and community care
support for wellness and healing justice practitioners;
(2) the establishment and expansion of
community organizations that provide wellness and healing justice services;
(3) placing wellness and healing justice
practitioners in organizations that provide direct service to Black,
Indigenous, and people of color communities in Minnesota;
(4) providing healing circles;
(5) establishing and expanding community
coach certification programs to train community healers and establish a
long-term strategy to build the infrastructure for community healers to be
available during times of tragedy; or
(6) restorative justice programs,
including but not limited to sentencing circles.
(e) Recipients of grants to establish or
maintain co-responder teams must partner with local units of government or
Tribal governments to build on existing mobile mental health crisis teams and
identify gaps in order to do any of the following:
(1) develop and establish independent
crisis response teams to de-escalate volatile situations;
(2) respond to situations involving a
mental health crisis;
(3) promote community-based efforts
designed to enhance community safety and wellness; or
(4) support community-based strategies
to interrupt, intervene in, or respond to violence.
(f) Recipients of grants to establish or
maintain community-based mental health and social service centers must provide
direct services to community members in targeted areas.
Subd. 4. Appropriation;
distribution. (a) Of the
amount appropriated for grants issued pursuant to subdivision 3, two-thirds
shall be distributed in the metropolitan area and one-third shall be
distributed outside the metropolitan area.
(b) No grant recipient shall receive
more than $1,000,000 each year.
Subd. 5. Community
grant advisory boards; members. (a)
The commissioner shall work with the chair or director of a local commission,
civilian review board, or similar organization to establish a community grant
advisory board within a targeted area.
(b) Community grant advisory boards
shall review grant applications and direct the commissioner to award grants to
approved applicants pursuant to subdivision 6.
(c) The chair or director of a local
commission, civilian review board, or similar organization shall serve as the
chair of a community grant advisory board.
(d) A community grant advisory board shall
include the chair and at least four but not more than six other members.
(e)
The membership of community grant advisory boards shall reflect the demographic
makeup of the targeted area and the members, other than the chair, must reside
in the targeted area over which a board has jurisdiction. A majority of the members of a board must
provide direct services to victims or others in the targeted area as a part of
the person's employment or regular volunteer work.
(f) Community grant advisory board members
may not accept gifts, donations, or any other thing of value from applicants.
Subd. 6. Community
grant advisory boards; procedure. (a)
Community grant advisory boards shall provide notice of available grants and
application materials for organizations or individuals to apply for grants.
(b) Community grant advisory boards
shall establish reasonable application deadlines and review grant applications. Boards may interview applicants and invite
presentations.
(c) Community grant advisory boards
shall make recommendations to the commissioner regarding which applicants
should receive funds and the amount of those funds. The commissioner shall award the recommended
grants unless the commissioner determines that the award would violate any
grant requirements or other law. The
commissioner shall not award grants without the recommendation of a community
grant advisory board.
Sec. 48. TASK
FORCE ON MISSING AND MURDERED AFRICAN AMERICAN WOMEN.
Subdivision 1. Creation
and duties. (a) The Task
Force on Missing and Murdered African American Women is established to advise
the commissioner of public safety and report to the legislature on
recommendations to reduce and end violence against African American women and
girls in Minnesota. The task force may
also serve as a liaison between the commissioner and agencies and nonprofit,
nongovernmental organizations that provide legal, social, or other community
services to victims, victims' families, and victims' communities.
(b) The Task Force on Missing and Murdered
African American Women must examine and report on the following:
(1) the systemic causes behind violence
that African American women and girls experience, including patterns and
underlying factors that explain why disproportionately high levels of violence
occur against African American women and girls, including underlying
historical, social, economic, institutional, and cultural factors which may
contribute to the violence;
(2) appropriate methods for tracking and
collecting data on violence against African American women and girls, including
data on missing and murdered African American women and girls;
(3) policies and institutions such as
policing, child welfare, coroner practices, and other governmental practices
that impact violence against African American women and girls and the
investigation and prosecution of crimes of gender violence against African
American people;
(4) measures necessary to address and
reduce violence against African American women and girls; and
(5) measures to help victims, victims'
families, and victims' communities prevent and heal from violence that occurs
against African American women and girls.
(c) At its discretion, the task force
may examine other related issues consistent with this section as necessary.
Subd. 2. Membership. (a) To the extent practicable, the
Task Force on Missing and Murdered African American Women shall consist of the
following individuals, or their designees, who are knowledgeable in crime
victims' rights or violence protection and, unless otherwise specified, members
shall be appointed by the commissioner of public safety:
(1)
two members of the senate, one appointed by the majority leader and one
appointed by the minority leader;
(2) two members of the house of
representatives, one appointed by the speaker of the house and one appointed by
the minority leader;
(3) two representatives from among the following:
(i) the Minnesota Chiefs of Police
Association;
(ii) the Minnesota Sheriffs'
Association;
(iii) the Bureau of Criminal Apprehension;
or
(iv) the Minnesota Police and Peace
Officers Association;
(4) one or more representatives from
among the following:
(i) the Minnesota County Attorneys
Association;
(ii) the United States Attorney's
Office; or
(iii) a judge or attorney working in
juvenile court;
(5) a county coroner or a representative
from a statewide coroner's association or a representative of the Department of
Health; and
(6) three or more representatives from
among the following:
(i) a statewide or local organization
that provides legal services to African American women and girls;
(ii) a statewide or local organization
that provides advocacy or counseling for African American women and girls who
have been victims of violence;
(iii) a statewide or local organization
that provides services to African American women and girls; or
(iv) an African American woman who is a
survivor of gender violence.
(b) In making appointments under
paragraph (a), the commissioner of public safety shall consult with the Council
for Minnesotans of African Heritage.
(c) Appointments to the task force must
be made by September 1, 2021.
(d) Members are eligible for
compensation and expense reimbursement consistent with Minnesota Statutes,
section 15.059, subdivision 3.
(e) Members of the task force serve at
the pleasure of the appointing authority or until the task force expires. Vacancies in commissioner-appointed positions
shall be filled by the commissioner consistent with the qualifications of the
vacating member required by this subdivision.
Subd. 3. Officers;
meetings. (a) The task force
shall elect a chair and vice-chair and may elect other officers as necessary.
(b) The commissioner of public safety
shall convene the first meeting of the task force no later than October 1, 2021, and shall provide meeting space and
administrative assistance as necessary for the task force to conduct its work.
(c)
The task force shall meet at least quarterly, or upon the call of its chair,
and may hold meetings throughout the state.
The task force shall meet sufficiently enough to accomplish the tasks
identified in this section. Meetings of
the task force are subject to Minnesota Statutes, chapter 13D.
(d) To accomplish its duties, the task
force shall seek out and enlist the cooperation and assistance of nonprofit,
nongovernmental organizations that provide legal, social, or other community
services to victims, victims' families, and victims' communities; community and
advocacy organizations working with the African American community; and
academic researchers and experts, specifically those specializing in violence
against African American women and girls, those representing diverse
communities disproportionately affected by violence against women and girls, or
those focusing on issues related to gender violence and violence against
African American women and girls. Meetings
of the task force may include reports from, or information provided by, those
individuals or groups.
Subd. 4. Report. On or before December 15, 2022, the
task force shall report to the chairs and ranking minority members of the
legislative committees with jurisdiction over public safety, human services, and
state government on the work of the task force.
The report must contain the task force's findings and recommendations
and shall include institutional policies and practices, or proposed
institutional policies and practices, that are effective in reducing gender
violence and increasing the safety of African American women and girls;
recommendations for appropriate tracking and collecting of data on violence
against African American women and girls; and recommendations for legislative
action to reduce and end violence against African American women and girls and
help victims and communities heal from gender violence and violence against
African American women and girls.
Subd. 5. Expiration. The task force expires upon submission
of the report required under subdivision 4.
Sec. 49. PUBLIC
SAFETY ESCROW ACCOUNT.
State agencies may accept funds from
the public safety escrow account. Funds
accepted by a state agency must be deposited in an account in the special
revenue fund and are appropriated to that agency for the purposes for which
they are received.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to funds received by a
state agency on or after June 28, 2018.
Sec. 50. SENTENCING
GUIDELINES COMMISSION DIRECTED TO INCREASE THE RANKINGS FOR CERTAIN CHILD
PORNOGRAPHY CRIMES.
The Sentencing Guidelines Commission is
directed to increase the severity rankings on the sex offender grid for a
violation of Minnesota Statutes, section 617.247, subdivision 3, paragraph (b),
from severity level D to C, and subdivision 4, paragraph (b), from severity
level F to E, consistent with the recommendations contained in the minority
report in the commission's 2021 report to the legislature. The other modifications to the grid relating
to child pornography crimes proposed in the main report are adopted.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 51. TASK
FORCE ON AIDING AND ABETTING FELONY MURDER.
Subdivision 1. Definitions. As used in this section, the following
terms have the meanings given:
(1) "aiding and abetting"
means a person who is criminally liable for a crime committed by another
because that person intentionally aided, advised, hired, counseled, or
conspired with or otherwise procured the other to commit the crime; and
(2)
"felony murder" means a violation of Minnesota Statutes, section
609.185, paragraph (a), clause (2), (3), (5), (6), or (7); or 609.19,
subdivision 2, clause (1).
Subd. 2. Establishment. The task force on aiding and abetting
felony murder is established to collect and analyze data on the charging,
convicting, and sentencing of people for aiding and abetting felony murder;
assess whether current laws and practices promote public safety and equity in
sentencing; and make recommendations to the legislature.
Subd. 3. Membership. (a) The task force consists of the
following members:
(1) the commissioner of corrections or a
designee;
(2) the executive director of the Minnesota
Sentencing Guidelines Commission or a designee;
(3) the state public defender or a
designee;
(4) the statewide coordinator of the
Violent Crime Coordinating Council or a designee;
(5) one defense attorney, appointed by
the Minnesota Association of Criminal Defense Lawyers;
(6) two county attorneys, one from a
county within the seven-county metropolitan area and the other from outside the
seven-county metropolitan area, appointed by the Minnesota County Attorneys
Association;
(7) a peace officer familiar with
homicide investigations, preferably felony murder, appointed jointly by the
Minnesota Sheriffs' Association, and the Minnesota Chiefs of Police
Association;
(8) one member representing a victims'
rights organization, appointed by the senate majority leader;
(9) one member of a statewide civil
rights organization, appointed by the speaker of the house of representatives;
(10) one impacted person who is directly
related to a person who has been convicted of felony murder, appointed by the
governor; and
(11) one person with expertise regarding
the laws and practices of other states relating to aiding and abetting felony
murder, appointed by the governor.
(b) Appointments must be made no later
than July 30, 2021.
(c) Members shall serve without
compensation.
(d) Members of the task force serve at
the pleasure of the appointing authority or until the task force expires. Vacancies shall be filled by the appointing
authority consistent with the qualifications of the vacating member required by
this subdivision.
(e) To ensure a balanced task force,
when making appointments, the appointing authority shall attempt to appoint
members who do not have unduly strong preconceived beliefs on the subject of
felony murder.
Subd. 4. Officers;
meetings. (a) The task force
shall elect a chair and vice-chair and may elect other officers as necessary.
(b) The commissioner of corrections
shall convene the first meeting of the task force no later than August 1, 2021,
and shall provide meeting space and administrative assistance as necessary for
the task force to conduct its work.
(c)
The task force shall meet at least monthly or upon the call of its chair. The task force shall meet sufficiently enough
to accomplish the tasks identified in this section. Meetings of the task force are subject to
Minnesota Statutes, chapter 13D.
(d) To compile and analyze data, the
task force shall request the cooperation and assistance of local law
enforcement agencies, the Minnesota Sentencing Guidelines Commission, the
judicial branch, the Bureau of Criminal Apprehension, county attorneys, and
Tribal governments and may request the cooperation of academics and others with
experience and expertise in researching the impact of laws criminalizing aiding
and abetting felony murder.
Subd. 5. Duties. (a) The task force shall, at a
minimum:
(1) collect and analyze data on
charges, convictions, and sentences for aiding and abetting felony murder;
(2) collect and analyze data on
sentences for aiding and abetting felony murder in which a person received a
mitigated durational departure because the person played a minor or passive
role in the crime or participated under circumstances of coercion or duress;
(3) collect and analyze data on
charges, convictions, and sentences for codefendants of people sentenced for
aiding and abetting felony murder;
(4) review relevant state statutes and
state and federal court decisions;
(5) receive input from individuals who
were convicted of aiding and abetting felony murder;
(6) receive input from family members
of individuals who were victims of felony murder;
(7) analyze the benefits and unintended
consequences of Minnesota Statutes and practices related to the charging,
convicting, and sentencing of people for aiding and abetting felony murder
including but not limited to an analysis of whether current statutes and
practice:
(i) promote public safety; and
(ii) properly punish people for their
role in an offense; and
(8) make recommendations for
legislative action, if any, on laws affecting:
(i) the collection and reporting of
data; and
(ii) the charging, convicting, and
sentencing of people for aiding and abetting felony murder.
(b) At its discretion, the task force
may examine, as necessary, other related issues consistent with this section.
Subd. 6. Report. On or before January 15, 2022, the
task force shall submit a report to the chairs and ranking minority members of
the house of representatives and senate committees and divisions with
jurisdiction over criminal sentencing on the findings and recommendations of
the task force.
Subd. 7. Expiration. The task force expires the day after
submitting its report under subdivision 6.
Sec. 52. SENTENCING
GUIDELINES MODIFICATION.
The Sentencing Guidelines Commission
shall comprehensively review and consider modifying how the Sentencing
Guidelines and the sex offender grid address the crimes described in Minnesota
Statutes, section 609.322.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 53. TITLE.
Section 21 shall be known as
"Travis's Law."
Sec. 54. REPEALER.
Minnesota Statutes 2020, section
609.324, subdivision 3, is repealed.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
ARTICLE 3
JUDICIARY, HUMAN RIGHTS, AND DATA PRACTICES
Section 1.
[3.8844] LEGISLATIVE
COMMISSION ON DATA PRACTICES.
Subdivision 1. Established. The Legislative Commission on Data
Practices and Personal Data Privacy is created to study issues relating to
government data practices and individuals' personal data privacy rights and to
review legislation impacting data practices, data security, and personal data
privacy. The commission is a
continuation of the commission that was established by Laws 2014, chapter 193,
as amended, and which expired June 30, 2019.
Subd. 2. Membership. The commission consists of two
senators appointed by the senate majority leader, two senators appointed by the
minority leader in the senate, two members of the house of representatives
appointed by the speaker, and two members of the house of representatives
appointed by the minority leader in the house.
Two members from each chamber must be from the majority party in that
chamber and two members from each chamber must be from the minority party in
that chamber. Each appointing authority
must make appointments as soon as possible after the beginning of the regular
legislative session in the odd-numbered year.
The ranking senator from the majority party appointed to the commission
must convene the first meeting of a biennium by February 15 in the odd-numbered
year. The commission may elect up to
four former legislators who have demonstrated an interest in, or have a history
of working in, the areas of government data practices and personal data privacy
to serve as nonvoting members of the commission. The former legislators must not be registered
lobbyists and shall be compensated as provided under section 15.0575,
subdivision 3.
Subd. 3. Terms;
vacancies. Members of the
commission serve for terms beginning upon appointment and ending at the
beginning of the regular legislative session in the next odd-numbered year. The appropriate appointing authority must
fill a vacancy for a seat of a current legislator for the remainder of the
unexpired term.
Subd. 4. Officers. The commission must elect a chair and
may elect other officers as it determines are necessary. The chair alternates between a member of the
senate and a member of the house of representatives in January of each
odd-numbered year.
Subd. 5. Staff. Legislative staff must provide
administrative and research assistance to the commission. The Legislative Coordinating Commission may,
if funding is available, appoint staff to provide research assistance.
Subd. 6. Duties. The commission shall:
(1) review and provide the legislature
with research and analysis of emerging issues relating to government data
practices and security and privacy of personal data;
(2) review and make recommendations on
legislative proposals relating to the Minnesota Government Data Practices Act;
and
(3) review and make recommendations on
legislative proposals impacting personal data privacy rights, data security,
and other related issues.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Initial members of the commission serve for a term ending in January
2023. A member of the house of
representatives shall serve as the first chair of the commission. A member of the senate shall serve as chair
of the commission beginning in January 2023.
Sec. 2. Minnesota Statutes 2020, section 13.552, is amended by adding a subdivision to read:
Subd. 8. Certificate
of compliance for public contracts. Access
to data relating to certificates of compliance for public contracts is governed
by section 363A.36.
Sec. 3. Minnesota Statutes 2020, section 13.7931, is amended by adding a subdivision to read:
Subd. 1b. Data
on individuals who are minors. Except
for electronic licensing system data classified under section 84.0874, data on
individuals who are minors that are collected, created, received, maintained,
or disseminated by the Department of Natural Resources are classified under
section 84.0873.
Sec. 4. Minnesota Statutes 2020, section 13.824, subdivision 6, is amended to read:
Subd. 6. Biennial audit. (a) In addition to the log required under subdivision 5, the law enforcement agency must maintain records showing the date and time automated license plate reader data were collected and the applicable classification of the data. The law enforcement agency shall arrange for an independent, biennial audit of the records to determine whether data currently in the records are classified, how the data are used, whether they are destroyed as required under this section, and to verify compliance with subdivision 7. If the commissioner of administration believes that a law enforcement agency is not complying with this section or other applicable law, the commissioner may order a law enforcement agency to arrange for additional independent audits. Data in the records required under this paragraph are classified as provided in subdivision 2.
(b) The results of the audit are public. The commissioner of administration shall review the results of the audit. If the commissioner determines that there is a pattern of substantial noncompliance with this section by the law enforcement agency, the agency must immediately suspend operation of all automated license plate reader devices until the commissioner has authorized the agency to reinstate their use. An order of suspension under this paragraph may be issued by the commissioner, upon review of the results of the audit, review of the applicable provisions of this chapter, and after providing the agency a reasonable opportunity to respond to the audit's findings.
(c) A report summarizing the results of
each audit must be provided to the commissioner of administration, to the chair
chairs and ranking minority members of the committees of the house of
representatives and the senate with jurisdiction over data practices and public
safety issues, and to the Legislative Commission on Data Practices and Personal
Data Privacy no later than 30 days following completion of the audit.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2020, section 13.825, subdivision 9, is amended to read:
Subd. 9. Biennial audit. (a) A law enforcement agency must maintain records showing the date and time portable recording system data were collected and the applicable classification of the data. The law enforcement agency shall arrange for an independent, biennial audit of the data to determine whether data are appropriately classified according to this section, how the data are used, and whether the data are destroyed as required under this section, and to verify compliance with subdivisions 7 and 8. If the governing body with jurisdiction over the budget of the agency determines that the agency is not complying with this section or other applicable law, the governing body may order additional independent audits. Data in the records required under this paragraph are classified as provided in subdivision 2.
(b) The results of the audit are public, except for data that are otherwise classified under law. The governing body with jurisdiction over the budget of the law enforcement agency shall review the results of the audit. If the governing body determines that there is a pattern of substantial noncompliance with this section, the governing body must order that operation of all portable recording systems be suspended until the governing body has authorized the agency to reinstate their use. An order of suspension under this paragraph may only be made following review of the results of the audit and review of the applicable provisions of this chapter, and after providing the agency and members of the public a reasonable opportunity to respond to the audit's findings in a public meeting.
(c) A report summarizing the results of
each audit must be provided to the governing body with jurisdiction over the
budget of the law enforcement agency and, to the Legislative
Commission on Data Practices and Personal Data Privacy, and to the chairs
and ranking minority members of the committees of the house of representatives
and the senate with jurisdiction over data practices and public safety issues
no later than 60 days following completion of the audit.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2020, section 13.851, is amended by adding a subdivision to read:
Subd. 13. Jailhouse
witnesses. Data collected and
maintained by the commissioner of corrections regarding jailhouse witnesses are
governed by section 634.045.
Sec. 7. [84.0873]
DATA ON INDIVIDUALS WHO ARE MINORS.
(a) When the Department of Natural
Resources collects, creates, receives, maintains, or disseminates the following
data on individuals who the department knows are minors, the data are
considered private data on individuals, as defined in section 13.02, subdivision
12, except for data classified as public data according to section 13.43:
(1) name;
(2) date of birth;
(3) Social Security number;
(4) telephone number;
(5) email address;
(6) physical or mailing address;
(7) location data;
(8)
online account access information;
(9) data associated with the location
of electronic devices; and
(10) other data that would identify
participants who have registered for events, programs, or classes sponsored by
the Department of Natural Resources.
(b) Access to data described in
paragraph (a) is subject to Minnesota Rules, part 1205.0500. Data about minors classified under this
section maintain their classification as private data on individuals after the
individual is no longer a minor.
(c) When data about minors is created,
collected, stored, or maintained as part of the electronic licensing system
described in section 84.0874, the data is governed by section 84.0874 and may
be disclosed pursuant to the provisions therein.
Sec. 8. Minnesota Statutes 2020, section 169.99, subdivision 1c, is amended to read:
Subd. 1c. Notice
of surcharge. All parts of the
uniform traffic ticket must give provide conspicuous notice of
the fact that, if convicted, the person to whom it was issued must may
be required to pay a state-imposed surcharge under section 357.021,
subdivision 6, and the current amount of the required surcharge.
EFFECTIVE
DATE. This section is
effective August 1, 2022. The changes to
the uniform traffic ticket described in this section must be reflected on the
ticket the next time it is revised.
Sec. 9. Minnesota Statutes 2020, section 169.99, is amended by adding a subdivision to read:
Subd. 1d. Financial
hardship. The first paragraph
on the reverse side of the summons on the uniform traffic ticket must include
the following, or substantially similar, language: "All or part of the cost of this summons
may be waived on a showing of indigency or undue hardship on you or your family. You may schedule a court appearance to
request a waiver based on your ability to pay by calling the Minnesota Court
Payment Center (CPC) [followed by the Court Payment Center telephone number]. For more information, call the CPC or visit
www.mncourts.gov/fines."
EFFECTIVE
DATE. This section is
effective August 1, 2022. The changes to
the uniform traffic ticket described in this section must be reflected on the
ticket the next time it is revised.
Sec. 10. Minnesota Statutes 2020, section 357.021, subdivision 1a, is amended to read:
Subd. 1a. Transmittal of fees to commissioner of management and budget. (a) Every person, including the state of Minnesota and all bodies politic and corporate, who shall transact any business in the district court, shall pay to the court administrator of said court the sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court administrator shall transmit the fees monthly to the commissioner of management and budget for deposit in the state treasury and credit to the general fund. $30 of each fee collected in a dissolution action under subdivision 2, clause (1), must be deposited by the commissioner of management and budget in the special revenue fund and is appropriated to the commissioner of employment and economic development for the Minnesota Family Resiliency Partnership under section 116L.96.
(b) In a county which has a screener-collector position, fees paid by a county pursuant to this subdivision shall be transmitted monthly to the county treasurer, who shall apply the fees first to reimburse the county for the amount of the salary paid for the screener-collector position. The balance of the fees collected shall then be forwarded to the commissioner of management and budget for deposit in the state treasury and credited to the general fund. In a
county in a judicial district under section 480.181, subdivision 1, paragraph (b), which has a screener-collector position, the fees paid by a county shall be transmitted monthly to the commissioner of management and budget for deposit in the state treasury and credited to the general fund. A screener-collector position for purposes of this paragraph is an employee whose function is to increase the collection of fines and to review the incomes of potential clients of the public defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public authority or the party the public authority represents in an action for:
(1) child support enforcement or modification, medical assistance enforcement, or establishment of parentage in the district court, or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public guardian or any other action under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or recovery of overpayments of public assistance;
(5) court relief under chapters 260, 260A, 260B, and 260C;
(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions or public institutions under sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331, and 260C.331, or other sections referring to other forms of public assistance;
(8) restitution under section 611A.04; or
(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14, subdivision 5.
(d) $20 from each fee collected for child support modifications under subdivision 2, clause (13), must be transmitted to the county treasurer for deposit in the county general fund and $35 from each fee shall be credited to the state general fund. The fees must be used by the county to pay for child support enforcement efforts by county attorneys.
(e) No fee is required under this
section from any federally recognized Indian Tribe or its representative in an
action for:
(1) child support enforcement or
modification, medical assistance enforcement, or establishment of parentage in
the district court or in a proceeding under section 484.702;
(2) civil commitment under chapter
253B;
(3)
the appointment of a public conservator or public guardian or any other action
under chapters 252A and 525; or
(4) court relief under chapters 260,
260A, 260B, 260C, and 260D.
Sec. 11. Minnesota Statutes 2020, section 357.021, subdivision 6, is amended to read:
Subd. 6.
Surcharges on criminal and
traffic offenders. (a) Except as
provided in this paragraph subdivision, the court shall impose
and the court administrator shall collect a $75 surcharge on every person
convicted of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor
offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surcharge. When a defendant is convicted of more than
one offense in a case, the surcharge shall be imposed only once in that case. In the Second Judicial District, the court
shall impose, and the court administrator shall collect, an additional $1
surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or
ordinance relating to vehicle parking, if the Ramsey County Board of
Commissioners authorizes the $1 surcharge.
The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The
surcharge shall not be imposed when a person is convicted of a petty
misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge
as required by this subdivision, the court administrator shall show the
imposition of the surcharge, collect the surcharge, and correct the record.
(c) (b) The court may not
reduce the amount or waive payment of the surcharge required under this
subdivision. Upon on a
showing of indigency or undue hardship upon the convicted person or the
convicted person's immediate family, the sentencing court may authorize
payment of the surcharge in installments.
Additionally, the court may permit the defendant to perform community
work service in lieu of a surcharge.
(d) (c) The court administrator
or other entity collecting a surcharge shall forward it to the commissioner of
management and budget.
(e) (d) If the convicted person
is sentenced to imprisonment and has not paid the surcharge before the term of
imprisonment begins, the chief executive officer of the correctional facility
in which the convicted person is incarcerated shall collect the surcharge from
any earnings the inmate accrues from work performed in the facility or while on
conditional release. The chief executive
officer shall forward the amount collected to the court administrator or other
entity collecting the surcharge imposed by the court.
(f) (e) A person who enters a
diversion program, continuance without prosecution, continuance for dismissal,
or stay of adjudication for a violation of chapter 169 must pay the surcharge
described in this subdivision. A
surcharge imposed under this paragraph shall be imposed only once per case.
(g) (f) The surcharge does
not apply to administrative citations issued pursuant to section 169.999.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 12. Minnesota Statutes 2020, section 363A.02, subdivision 1, is amended to read:
Subdivision 1. Freedom from discrimination. (a) It is the public policy of this state to secure for persons in this state, freedom from discrimination:
(1) in employment because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, familial status, and age;
(2) in housing and real property because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, and familial status;
(3) in public accommodations because of race, color, creed, religion, national origin, sex, sexual orientation, and disability;
(4) in public services because of race, color, creed, religion, national origin, sex, marital status, disability, sexual orientation, and status with regard to public assistance; and
(5) in education because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, and age.
(b) Such discrimination threatens the rights and privileges of the inhabitants of this state and menaces the institutions and foundations of democracy. It is also the public policy of this state to protect all persons from wholly unfounded charges of discrimination. Nothing in this chapter shall be interpreted as restricting the implementation of positive action programs to combat discrimination.
Sec. 13. Minnesota Statutes 2020, section 363A.08, subdivision 6, is amended to read:
Subd. 6. Reasonable
accommodation. (a) Except when based
on a bona fide occupational qualification, it is an unfair employment practice
for an employer with a number of part-time or full-time employees for each
working day in each of 20 or more calendar weeks in the current or preceding
calendar year equal to or greater than 25 effective July 1, 1992, and equal to
or greater than 15 effective July 1, 1994, an employment agency, or a labor
organization, not to make provide a reasonable accommodation to
the known disability of a qualified disabled person or job applicant for
a job applicant or qualified employee with a disability unless the
employer, agency, or organization can demonstrate that the accommodation would
impose an undue hardship on the business, agency, or organization. "Reasonable accommodation" means
steps which must be taken to accommodate the known physical or mental
limitations of a qualified disabled person individual with a
disability. To determine the
appropriate reasonable accommodation the employer, agency, or organization
shall initiate an informal, interactive process with the individual with a
disability in need of the accommodation.
This process should identify the limitations resulting from the
disability and any potential reasonable accommodations that could overcome
those limitations. "Reasonable
accommodation" may include but is not limited to, nor does it necessarily
require: (1) making facilities readily
accessible to and usable by disabled persons individuals with
disabilities; and (2) job restructuring, modified work schedules,
reassignment to a vacant position, acquisition or modification of equipment or
devices, and the provision of aides on a temporary or periodic basis.
(b) In determining whether an accommodation would impose an undue hardship on the operation of a business or organization, factors to be considered include:
(1) the overall size of the business or organization with respect to number of employees or members and the number and type of facilities;
(2) the type of the operation, including the composition and structure of the work force, and the number of employees at the location where the employment would occur;
(3) the nature and cost of the needed accommodation;
(4) the reasonable ability to finance the accommodation at each site of business; and
(5) documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the disabled person or with knowledgeable disabled persons or organizations.
A prospective employer need not pay for an accommodation for a job applicant if it is available from an alternative source without cost to the employer or applicant.
Sec. 14. Minnesota Statutes 2020, section 363A.28, subdivision 1, is amended to read:
Subdivision 1. Actions. Any person aggrieved by a violation of this chapter may bring a civil action as provided in section 363A.33, subdivision 1, or may file a verified charge with the commissioner or the commissioner's designated agent. A charge filed with the commissioner must be in writing by hand, or electronically with an unsworn declaration under penalty of perjury, on a form provided by the commissioner and
signed
by the charging party. The charge must
state the name of the person alleged to have committed an unfair discriminatory
practice and set out a summary of the details of the practice complained of. The commissioner may require a charging party
to provide the address of the person alleged to have committed the unfair
discriminatory practice, names of witnesses, documents, and any other
information necessary to process the charge.
The commissioner may dismiss a charge when the charging party fails to
provide required information. The
commissioner within ten days of the filing shall serve a copy of the charge and
a form for use in responding to the charge upon the respondent personally,
electronically with the receiving party's consent, or by mail. The respondent shall file with the department
a written response setting out a summary of the details of the respondent's
position relative to the charge within 20 30 days of receipt of
the charge. If the respondent fails to
respond with a written summary of the details of the respondent's position
within 30 days after service of the charge, and service was consistent with
rule 4 of the Rules of Civil Procedure, the commissioner, on behalf of the
complaining party, may bring an action for default in district court pursuant
to rule 55.01 of the Rules of Civil Procedure.
Sec. 15. Minnesota Statutes 2020, section 363A.28, subdivision 6, is amended to read:
Subd. 6. Charge
processing. (a) Consistent with
paragraph (h), the commissioner shall promptly inquire into the truth of the
allegations of the charge. The
commissioner shall make an immediate inquiry when a charge alleges actual or
threatened physical violence. The
commissioner shall also make an immediate inquiry when it appears that a
charge is frivolous or without merit and shall dismiss those charges.
(b) The commissioner shall give priority to investigating and processing those charges, in the order below, which the commissioner determines have the following characteristics:
(1) there is evidence of irreparable harm if immediate action is not taken;
(2) there is evidence that the respondent has intentionally engaged in a reprisal;
(3) a significant number of recent charges have been filed against the respondent;
(4) the respondent is a government entity;
(5) there is potential for broadly promoting the policies of this chapter; or
(6) the charge is supported by substantial and credible documentation, witnesses, or other evidence.
The commissioner shall inform charging parties of these priorities and shall tell each party if their charge is a priority case or not.
On other charges the commissioner shall make a determination within 12 months after the charge was filed as to whether or not there is probable cause to credit the allegation of unfair discriminatory practices.
(c) If the commissioner determines after
investigation that no probable cause exists to credit the allegations of the
unfair discriminatory practice, the commissioner shall, within ten days of the
determination, serve upon the charging party and respondent written notice of
the determination. Within ten 30
days after receipt of notice, the charging party may request in writing, on
forms prepared by the department, that the commissioner reconsider the
determination. The request shall contain
a brief statement of the reasons for and new evidence in support of the request
for reconsideration. At the time of
submission of the request to the commissioner, the charging party shall deliver
or mail to the respondent a copy of the request for reconsideration. The commissioner shall reaffirm, reverse, or
vacate and remand for further consideration the determination of no probable
cause within 20 days after receipt of the request for reconsideration, and
shall within ten days notify in writing the charging party and respondent of
the decision to reaffirm, reverse, or vacate and remand for further
consideration.
A
decision by the commissioner that no probable cause exists to credit the
allegations of an unfair discriminatory practice shall not be appealed to the
court of appeals pursuant to section 363A.36 363A.34 or sections
14.63 to 14.68.
(d) If the commissioner determines after
investigation that probable cause exists to credit the allegations of unfair
discriminatory practices, the commissioner shall serve on the respondent and
the respondent's attorney if the respondent is represented by counsel, by first
class mail, or electronically with the receiving party's consent, a
notice setting forth a short plain written statement of the alleged facts which
support the finding of probable cause and an enumeration of the provisions of
law allegedly violated. Within 30
days after receipt of notice, the respondent may request in writing, on forms
prepared by the department, that the commissioner reconsider the determination. If the commissioner determines that attempts
to eliminate the alleged unfair practices through conciliation pursuant to
subdivision 8 have been or would be unsuccessful or unproductive, the
commissioner shall may issue a complaint and serve on the
respondent, by registered or certified mail, or electronically with the
receiving party's consent, a written notice of hearing together with a copy
of the complaint, requiring the respondent to answer the allegations of the
complaint at a hearing before an administrative law judge at a time and place
specified in the notice, not less than ten days after service of said complaint. A copy of the notice shall be furnished to
the charging party and the attorney general.
(e) If, at any time after the filing of a charge, the commissioner has reason to believe that a respondent has engaged in any unfair discriminatory practice, the commissioner may file a petition in the district court in a county in which the subject of the complaint occurs, or in a county in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under this chapter, including an order or decree restraining the respondent from doing or procuring an act tending to render ineffectual an order the commissioner may enter with respect to the complaint. The court shall have power to grant temporary relief or a restraining order as it deems just and proper, but no relief or order extending beyond ten days shall be granted except by consent of the respondent or after hearing upon notice to the respondent and a finding by the court that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice. Except as modified by subdivisions 1 to 9 and section 363A.06, subdivision 4, the Minnesota Rules of Civil Procedure shall apply to an application, and the district court shall have authority to grant or deny the relief sought on conditions as it deems just and equitable. All hearings under subdivisions 1 to 9 and section 363A.06, subdivision 4, shall be given precedence as nearly as practicable over all other pending civil actions.
(f) If a lessor, after engaging in a discriminatory practice defined in section 363A.09, subdivision 1, clause (1), leases or rents a dwelling unit to a person who has no knowledge of the practice or of the existence of a charge with respect to the practice, the lessor shall be liable for actual damages sustained by a person by reason of a final order as provided in subdivisions 1 to 9 and section 363A.06, subdivision 4, requiring the person to be evicted from the dwelling unit.
(g) In any complaint issued under subdivisions 1 to 9 and section 363A.06, subdivision 4, the commissioner may seek relief for a class of individuals affected by an unfair discriminatory practice occurring on or after a date one year prior to the filing of the charge from which the complaint originates.
(h) The commissioner may adopt policies to determine which charges are processed and the order in which charges are processed based on their particular social or legal significance, administrative convenience, difficulty of resolution, or other standard consistent with the provisions of this chapter.
(i) The chief administrative law judge shall adopt policies to provide sanctions for intentional and frivolous delay caused by any charging party or respondent in an investigation, hearing, or any other aspect of proceedings before the department under this chapter.
Sec. 16. Minnesota Statutes 2020, section 363A.31, subdivision 2, is amended to read:
Subd. 2. Rescission
of waiver. A waiver or release of
rights or remedies secured by this chapter which purports to apply to claims
arising out of acts or practices prior to, or concurrent with, the execution of
the waiver or release may be rescinded within 15 calendar days of its
execution, except that a waiver or release given in settlement of a claim filed
with the department or with another administrative agency or judicial body is
valid and final upon execution. A
waiving or releasing party shall be informed in writing of the right to rescind
the waiver or release. To be effective,
the rescission must be in writing and delivered to the waived or released party
either by hand, electronically with the receiving party's consent,
or by mail within the 15-day period.
If delivered by mail, the rescission must be:
(1) postmarked within the 15-day period;
(2) properly addressed to the waived or released party; and
(3) sent by certified mail return receipt requested.
Sec. 17. Minnesota Statutes 2020, section 363A.33, subdivision 3, is amended to read:
Subd. 3. Summons and complaints in a civil action. A charging party bringing a civil action shall mail by registered or certified mail, or electronically with the receiving party's consent, a copy of the summons and complaint to the commissioner, and upon their receipt the commissioner shall terminate all proceedings in the department relating to the charge. No charge shall be filed or reinstituted with the commissioner after a civil action relating to the same unfair discriminatory practice has been brought unless the civil action has been dismissed without prejudice.
Sec. 18. Minnesota Statutes 2020, section 363A.36, subdivision 1, is amended to read:
Subdivision 1. Scope
of application. (a) For all
contracts for goods and services in excess of $100,000, no department or agency
of the state shall accept any bid or proposal for a contract or agreement from
any business having more than 40 full-time employees within this state on a
single working day during the previous 12 months, unless the commissioner is in
receipt of the business' affirmative action plan for the employment of minority
persons, women, and qualified disabled individuals. No department or agency of the state shall
execute any such contract or agreement until the affirmative action plan has
been approved by the commissioner. Receipt
of a certificate of compliance issued by the commissioner shall signify that a
firm or business has an affirmative action plan that has been approved by the
commissioner. A certificate shall be
valid for a period of four years. No
department, agency of the state, the Metropolitan Council, or agency subject to
section 473.143, subdivision 1, shall execute a contract for goods or services
in excess of $100,000 with a business that has 40 or more full-time employees
in this state or a state where the business has its primary place of business
on a single day during the prior 12 months, unless the business has a workforce
certificate from the commissioner of human rights or has certified in writing
that it is exempt. Determinations of
exempt status shall be made by the commissioner of human rights. A certificate is valid for four years. A municipality as defined in section 466.01, subdivision
1, that receives state money for any reason is encouraged to prepare and
implement an affirmative action plan for the employment of minority persons,
people with disabilities, people of color, and women, and the
qualified disabled and to submit the plan to the commissioner.
(b) This paragraph applies to a contract
for goods or services in excess of $100,000 to be entered into between a
department or agency of the state and a business that is not subject to
paragraph (a), but that has more than 40 full‑time employees on a single
working day during the previous 12 months in the state where the business has
its primary place of business. A
department or agency of the state may not execute a contract or agreement with
a business covered by this paragraph unless the business has a certificate of
compliance issued by the commissioner under paragraph (a) or the business
certifies that it is in compliance with federal affirmative action
requirements.
(c) (b) This section does not apply to contracts entered into by the State Board of Investment for investment options under section 356.645.
(d) (c) The commissioner
shall issue a certificate of compliance or notice of denial within 15 days of
the application submitted by the business or firm.
EFFECTIVE DATE. This section is effective July 1, 2021, and
applies to contracts entered into on or after that date.
Sec. 19. Minnesota Statutes 2020, section 363A.36, subdivision 2, is amended to read:
Subd. 2. Filing
fee; account; appropriation. The
commissioner shall collect a $150 $250 fee for each certificate
of compliance issued by the commissioner or the commissioner's designated agent. The proceeds of the fee must be deposited in
a human rights fee special revenue account.
Money in the account is appropriated to the commissioner to fund the
cost of issuing certificates and investigating grievances.
EFFECTIVE
DATE. This section is
effective for applications received on or after July 1, 2021.
Sec. 20. Minnesota Statutes 2020, section 363A.36, subdivision 3, is amended to read:
Subd. 3. Revocation
of certificate Violations; remedies.
Certificates of compliance may be suspended or revoked by the
commissioner if a holder of a certificate has not made a good faith effort to
implement an affirmative action plan that has been approved by the commissioner. If a contractor does not effectively
implement an affirmative action plan approved by the commissioner pursuant to
subdivision 1, or fails to make a good faith effort to do so, the commissioner
may refuse to approve subsequent plans submitted by that firm or business. If a certificate holder is in violation of
this section, the commissioner may impose one or both of the following actions:
(1) issue fines up to $5,000 per
calendar year for each contract; or
(2) suspend or revoke a certificate of
compliance until the contractor has paid all outstanding fines and otherwise
complies with this section.
EFFECTIVE
DATE. This section is
effective July 1, 2021, and applies to all certificates of compliance in effect
on or after that date.
Sec. 21. Minnesota Statutes 2020, section 363A.36, subdivision 4, is amended to read:
Subd. 4. Revocation
of contract. A contract awarded by a
department or agency of the state, the Metropolitan Council, or an agency
subject to section 473.143, subdivision 1, may be terminated or abridged by
the department or agency awarding entity because of suspension or
revocation of a certificate based upon a contractor's failure to implement or
make a good faith effort to implement an affirmative action plan approved by
the commissioner under this section. If
a contract is awarded to a person who does not have a contract compliance
certificate required under subdivision 1, the commissioner may void the
contract on behalf of the state.
EFFECTIVE DATE. This section is effective July 1, 2021, and
applies to contracts entered into on or after that date.
Sec. 22. Minnesota Statutes 2020, section 363A.36, is amended by adding a subdivision to read:
Subd. 6. Access
to data. Data submitted to
the commissioner related to a certificate of compliance are private data on
individuals or nonpublic data with respect to persons other than department
employees. The commissioner's decision
to issue, not issue, revoke, or suspend or otherwise penalize a certificate
holder of a certificate of compliance is public data. Applications, forms, or similar documents
submitted by a business seeking a certificate
of
compliance are public data. The
commissioner may disclose data classified as private or nonpublic under this
subdivision to other state agencies, statewide systems, and political
subdivisions for the purposes of achieving compliance with this section.
Sec. 23. Minnesota Statutes 2020, section 363A.44, subdivision 2, is amended to read:
Subd. 2. Application. (a) A business shall apply for an equal
pay certificate by paying a $150 $250 filing fee and submitting
an equal pay compliance statement to the commissioner. The proceeds from the fees collected under
this subdivision shall be deposited in an equal pay certificate special revenue
account. Money in the account is
appropriated to the commissioner for the purposes of this section. The commissioner shall issue an equal pay
certificate of compliance to a business that submits to the commissioner a
statement signed by the chairperson of the board or chief executive officer of
the business:
(1) that the business is in compliance with Title VII of the Civil Rights Act of 1964, Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for Equal Work Law;
(2) that the average compensation for its female employees is not consistently below the average compensation for its male employees within each of the major job categories in the EEO-1 employee information report for which an employee is expected to perform work under the contract, taking into account factors such as length of service, requirements of specific jobs, experience, skill, effort, responsibility, working conditions of the job, or other mitigating factors;
(3) that the business does not restrict employees of one sex to certain job classifications and makes retention and promotion decisions without regard to sex;
(4) that wage and benefit disparities are corrected when identified to ensure compliance with the laws cited in clause (1) and with clause (2); and
(5) how often wages and benefits are evaluated to ensure compliance with the laws cited in clause (1) and with clause (2).
(b) The equal pay compliance statement shall also indicate whether the business, in setting compensation and benefits, utilizes:
(1) a market pricing approach;
(2) state prevailing wage or union contract requirements;
(3) a performance pay system;
(4) an internal analysis; or
(5) an alternative approach to determine what level of wages and benefits to pay its employees. If the business uses an alternative approach, the business must provide a description of its approach.
(c) Receipt of the equal pay compliance statement by the commissioner does not establish compliance with the laws set forth in paragraph (a), clause (1).
EFFECTIVE
DATE. This section is
effective for applications received on or after July 1, 2021.
Sec. 24. Minnesota Statutes 2020, section 363A.44, subdivision 4, is amended to read:
Subd. 4.
Revocation of certificate Violations;
remedies. An equal pay
certificate for a business may be suspended or revoked by the commissioner when
the business fails to make a good-faith effort to comply with the laws
identified in subdivision 2, paragraph (a), clause (1), fails to make a
good-faith effort to comply with this section, or has multiple violations of
this section or the laws identified in subdivision 2, paragraph (a), clause (1). The commissioner may also issue a fine due
to lack of compliance with this section of up to $5,000 per calendar year for
each contract. The commissioner may
suspend or revoke an equal pay certificate until the business has paid all
outstanding fines and otherwise complies with this section. Prior to issuing a fine or suspending
or revoking a certificate, the commissioner must first have sought to
conciliate with the business regarding wages and benefits due to employees.
EFFECTIVE
DATE. This section is
effective July 1, 2021, and applies to all equal pay certificates in effect on
or after that date.
Sec. 25. Minnesota Statutes 2020, section 363A.44, subdivision 9, is amended to read:
Subd. 9.
Access to data. Data submitted to the commissioner
related to equal pay certificates are private data on individuals or nonpublic
data with respect to persons other than department employees. The commissioner's decision to issue, not
issue, revoke, or suspend or otherwise penalize a certificate holder of
an equal pay certificate is public data.
Applications, forms, or similar documents submitted by a business
seeking an equal pay certificate are public data. The commissioner may disclose data classified
as private or nonpublic under this subdivision to other state agencies,
statewide systems, and political subdivisions for the purposes of achieving
compliance with this section.
Sec. 26. Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:
Subd. 2b. Counties. (a) For aids payable in 2018 and 2019,
the total aid payable under section 477A.0124, subdivision 3, is $103,795,000,
of which $3,000,000 shall be allocated as required under Laws 2014, chapter
150, article 4, section 6. For aids
payable in 2020, the total aid payable under section 477A.0124, subdivision 3,
is $116,795,000, of which $3,000,000 shall be allocated as required under Laws
2014, chapter 150, article 4, section 6.
For aids payable in 2021 through 2024, the total aid payable under
section 477A.0124, subdivision 3, is $118,795,000, of which $3,000,000 shall be
allocated as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the
total aid payable under section 477A.0124, subdivision 3, is $115,795,000. Each calendar year, On or before
the first installment date provided in section 477A.015, paragraph (a),
$500,000 of this appropriation shall be retained transferred each
year by the commissioner of revenue to make reimbursements to the
commissioner of management and budget the Board of Public Defense
for payments made the payment of service under section 611.27. The reimbursements shall be to defray the
additional costs associated with court-ordered counsel under section 611.27. Any retained transferred
amounts not used for reimbursement expended or encumbered in a fiscal
year shall be certified by the Board of Public Defense to the commissioner
of revenue on or before October 1 and shall be included in the next distribution
certification of county need aid that is certified to the county
auditors for the purpose of property tax reduction for the next taxes payable
year.
(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision 4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124, subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall transfer to the commissioner of management and budget $207,000 annually for the cost of preparation of local impact notes as required by section 3.987, and other local government activities. The commissioner of revenue shall transfer to the commissioner of education $7,000 annually for the cost of preparation of local impact notes for school districts as required by section 3.987. The commissioner of revenue shall deduct the amounts transferred under this paragraph from the appropriation under this paragraph. The amounts transferred are appropriated to the commissioner of management and budget and the commissioner of education respectively.
Sec. 27. Minnesota Statutes 2020, section 524.2-503, is amended to read:
524.2-503
HARMLESS ERROR.
(a) If a document or writing added upon a document was not executed in compliance with section 524.2-502, the document or writing is treated as if it had been executed in compliance with section 524.2-502 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:
(1) the decedent's will;
(2) a partial or complete revocation of the will;
(3) an addition to or an alteration of the will; or
(4) a
partial or complete revival of the decedent's formerly revoked will or of a
formerly revoked portion of the will.
(b) This
section applies to documents and writings executed on or after March 13, 2020,
but before February 15, 2021.
EFFECTIVE
DATE. This section is
effective retroactively from March 13, 2020, and applies to documents and
writings executed on or after March 13, 2020.
Sec. 28. Minnesota Statutes 2020, section 609.101, subdivision 5, is amended to read:
Subd. 5. Waiver prohibited; reduction and installment payments. (a) The court may not waive payment of the minimum fine required by this section.
(b) If the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the fine would create undue hardship for the convicted person or that person's immediate family, the court may reduce the amount of the minimum fine to not less than $50. Additionally, the court may permit the defendant to perform community work service in lieu of a fine.
(c) The court also may authorize payment of the fine in installments.
(d) Before sentencing a person convicted
of a felony, gross misdemeanor, misdemeanor, or petty misdemeanor to pay money
for a fine, fee, or surcharge, the court shall make a finding on the record as
to indigency or the convicted person's ability to comply with an order to pay
without undue hardship for the convicted person or that person's immediate
family. In determining indigency or
whether the defendant is able to comply with an order to pay a fine, fee, or
surcharge without undue hardship to the convicted person or that person's
immediate family, the court shall consider:
(1) income;
(2) dependents;
(3) financial resources, including
assets and liabilities;
(4) basic living expenses;
(5) receipt of means-tested public
assistance program; and
(6) any special circumstances that may
bear on the person's ability to pay.
(e)
Paragraph (d) shall not apply when a conviction for a violation that is
included on the uniform fine schedule authorized under section 609.101,
subdivision 4, is entered without a hearing before the court.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 29. Minnesota Statutes 2020, section 611.21, is amended to read:
611.21
SERVICES OTHER THAN COUNSEL.
(a) Counsel appointed by the court for an indigent defendant, or representing a defendant who, at the outset of the prosecution, has an annual income not greater than 125 percent of the poverty line established under United States Code, title 42, section 9902(2), may file an ex parte application requesting investigative, expert, interpreter, or other services necessary to an adequate defense in the case. Upon finding, after appropriate inquiry in an ex parte proceeding, that the services are necessary and that the defendant is financially unable to obtain them, the court shall authorize counsel to obtain the services on behalf of the defendant. The court may establish a limit on the amount which may be expended or promised for such services. The court may, in the interests of justice, and upon a finding that timely procurement of necessary services could not await prior authorization, ratify such services after they have been obtained, but such ratification shall be given only in unusual situations. The court shall determine reasonable compensation for the services and direct payment by the county in which the prosecution originated, to the organization or person who rendered them, upon the filing of a claim for compensation supported by an affidavit specifying the time expended, services rendered, and expenses incurred on behalf of the defendant, and the compensation received in the same case or for the same services from any other source.
(b) The compensation to be paid to a person for such service rendered to a defendant under this section, or to be paid to an organization for such services rendered by an employee, may not exceed $1,000, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is certified by the court as necessary to provide fair compensation for services of an unusual character or duration and the amount of the excess payment is approved by the chief judge of the district. The chief judge of the judicial district may delegate approval authority to an active district judge.
(c) If the court denies authorizing counsel to obtain services on behalf of the defendant, the court shall make written findings of fact and conclusions of law that state the basis for determining that counsel may not obtain services on behalf of the defendant. When the court issues an order denying counsel the authority to obtain services, the defendant may appeal immediately from that order to the court of appeals and may request an expedited hearing.
Sec. 30. Minnesota Statutes 2020, section 611.27, subdivision 9, is amended to read:
Subd. 9. Request
for other appointment of counsel. The
chief district public defender with the approval of may request that
the state public defender may request that the chief judge of the district
court, or a district court judge designated by the chief judge, authorize
appointment of counsel other than the district public defender in such cases.
Sec. 31. Minnesota Statutes 2020, section 611.27, subdivision 10, is amended to read:
Subd. 10. Addition
of permanent staff. The chief public
defender may not request the court nor may the court order state
public defender approve the addition of permanent staff under subdivision
7.
Sec. 32. Minnesota Statutes 2020, section 611.27, subdivision 11, is amended to read:
Subd. 11. Appointment
of counsel. If the court state
public defender finds that the provision of adequate legal representation,
including associated services, is beyond the ability of the district public
defender to provide, the
court
shall order state public defender may approve counsel to be
appointed, with compensation and expenses to be paid under the provisions of
this subdivision and subdivision 7. Counsel
in such cases shall be appointed by the chief district public defender. If the court issues an order denying the
request, the court shall make written findings of fact and conclusions of law. Upon denial, the chief district public
defender may immediately appeal the order denying the request to the court of
appeals and may request an expedited hearing.
Sec. 33. Minnesota Statutes 2020, section 611.27, subdivision 13, is amended to read:
Subd. 13. Correctional
facility inmates. All billings for
services rendered and ordered under subdivision 7 shall require the approval of
the chief district public defender before being forwarded on a monthly basis
to the state public defender. In cases
where adequate representation cannot be provided by the district public
defender and where counsel has been appointed under a court order approved
by the state public defender, the state public defender Board of
Public Defense shall forward to the commissioner of management and
budget pay all billings for services rendered under the
court order. The commissioner shall pay
for services from county program aid retained transferred by
the commissioner of revenue for that purpose under section 477A.03, subdivision
2b, paragraph (a).
The costs of appointed counsel and associated services in cases arising from new criminal charges brought against indigent inmates who are incarcerated in a Minnesota state correctional facility are the responsibility of the state Board of Public Defense. In such cases the state public defender may follow the procedures outlined in this section for obtaining court-ordered counsel.
Sec. 34. Minnesota Statutes 2020, section 611.27, subdivision 15, is amended to read:
Subd. 15. Costs
of transcripts. In appeal cases and
postconviction cases where the appellate public defender's office does not have
sufficient funds to pay for transcripts and other necessary expenses because it
has spent or committed all of the transcript funds in its annual budget, the state
public defender may forward to the commissioner of management and budget all
billings for transcripts and other necessary expenses. The commissioner shall Board of Public
Defense may pay for these transcripts and other necessary expenses from
county program aid retained transferred by the commissioner of
revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).
Sec. 35. [611A.95]
CERTIFICATIONS FOR VICTIMS OF CRIMES.
Subdivision 1. Definitions. For purposes of this section, the
following terms have the meanings given:
(1) "certifying entity" means
a state or local law enforcement agency;
(2) "criminal activity" means
qualifying criminal activity pursuant to section 101(a)(15)(U)(iii) of the
Immigration and Nationality Act, as amended through June 1, 2021, and includes
the attempt, conspiracy, or solicitation to commit such crimes; and
(3) "certification" means any
certification or statement required by federal immigration law, as amended
through June 1, 2021, including, but not limited to, the information required
by United States Code, title 8, section 1184(p), and United States Code, title
8, section 1184(o), including current United States Citizenship and Immigration
Services Form I-918, Supplement B, and United States Citizenship and
Immigration Services Form I-914, Supplement B, and any substantively similar
successor forms.
Subd. 2. Certification
process. (a) A certifying
entity shall process a certification requested by a victim of criminal activity
or a representative of the victim, including the victim's attorney, family
member, or domestic violence or sexual assault violence advocate, within the
time period prescribed in paragraph (b).
(b)
A certifying entity shall process the certification within 90 days of request,
unless the victim is in removal proceedings, in which case the certification
shall be processed within 14 days of request.
Requests for expedited certification must be affirmatively raised at the
time of the request.
(c) An active investigation, the filing
of charges, or a prosecution or conviction are not required for the victim of
criminal activity to request and obtain the certification, provided that the
certifying entity initiated an investigation and the victim cooperated in it.
Subd. 3. Certifying
entity; designate agent. (a)
The head of a certifying entity shall designate an agent to perform the
following responsibilities:
(1) timely process requests for
certification;
(2) provide outreach to victims of
criminal activity to inform them of the entity's certification process; and
(3) keep a written or electronic record
of all certification requests and responses.
(b) All certifying entities shall
implement a language access protocol for non-English-speaking victims of
criminal activity.
Subd. 4. Disclosure
prohibited; data classification. (a)
A certifying entity is prohibited from disclosing the immigration status of a
victim of criminal activity, except to comply with federal law or legal
process, or if authorized by the victim of criminal activity or representative
requesting the certification.
(b) Data provided to a certifying entity
under this section is classified as private data pursuant to section 13.02,
subdivision 12.
EFFECTIVE
DATE. Subdivisions 1, 2, and
4 are effective the day following final enactment. Subdivision 3 is effective July 1, 2021.
Sec. 36. [634.045]
JAILHOUSE WITNESSES.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b) "Benefit" means any plea
bargain, bail consideration, reduction or modification of sentence, or any
other leniency, immunity, financial payment, reward, or amelioration of current
or future conditions of incarceration offered or provided in connection with,
or in exchange for, testimony that is offered or provided by a jailhouse
witness.
(c) "Jailhouse witness" means
a person who (1) while incarcerated, claims to have obtained information from a
defendant in a criminal case or a person suspected to be the perpetrator of an
offense, and (2) offers or provides testimony concerning statements made by
that defendant or person suspected to be the perpetrator of an offense. It does not mean a codefendant or
confidential informant who does not provide testimony against a suspect or
defendant.
(d) "Commissioner" means the
commissioner of corrections.
Subd. 2. Use
of and benefits provided to jailhouse witnesses; data collection. (a) Each county attorney shall report
to the commissioner, in a form determined by the commissioner:
(1) the name of the jailhouse witness
and the district court file number of the case in which that witness testified
or planned to testify;
(2)
the substance and use of any testimony of a jailhouse witness against the
interest of a suspect or defendant, regardless of whether such testimony is
presented at trial; and
(3) the jailhouse witness's agreement
to cooperate with the prosecution and any benefit that the prosecutor has
offered or may offer in the future to the jailhouse witness in connection with
the testimony.
(b) The commissioner shall maintain a
statewide database containing the information received pursuant to paragraph
(a) for 20 years from the date that the jailhouse witness information was
entered into that statewide record.
(c) Data collected and maintained
pursuant to this subdivision are classified as confidential data on
individuals, as defined in section 13.02, subdivision 3. Only the commissioner may access the
statewide record but shall provide all information held on specific jailhouse
witnesses to a county attorney upon request.
Subd. 3. Report
on jailhouse witnesses. By
September 15 of each year, beginning in 2022, the commissioner shall publish on
its website an annual report of the statewide record of jailhouse witnesses
required under subdivision 2. Information
in the report must be limited to summary data, as defined in section 13.02,
subdivision 19, and must include:
(1) the total number of jailhouse
witnesses tracked in the statewide record; and
(2) for each county, the number of new
reports added pursuant to subdivision 2, paragraph (a), over the previous
fiscal year.
Subd. 4. Disclosure
of information regarding jailhouse witness.
(a) In addition to the requirements for disclosures under rule 9
of the Rules of Criminal Procedure, and within the timeframes established by
that rule, a prosecutor must disclose the following information to the defense
about any jailhouse witness:
(1) the complete criminal history of
the jailhouse witness, including any charges that are pending or were reduced
or dismissed as part of a plea bargain;
(2) any cooperation agreement with the
jailhouse witness and any deal, promise, inducement, or benefit that the state
has made or intends to make in the future to the jailhouse witness;
(3) whether, at any time, the jailhouse
witness recanted any testimony or statement implicating the suspect or
defendant in the charged crime and, if so, the time and place of the
recantation, the nature of the recantation, and the names of the persons who
were present at the recantation;
(4) whether, at any time, the jailhouse
witness made a statement implicating any other person in the charged crime and,
if so, the time and place of the statement, the nature of the statement, and
the names of the persons who were present at the statement; and
(5) information concerning other
criminal cases in which the jailhouse witness has testified, or offered to
testify, against a suspect or defendant with whom the jailhouse witness was
imprisoned or confined, including any cooperation agreement, deal, promise,
inducement, or benefit that the state has made or intends to make in the future
to the jailhouse witness.
(b) A prosecutor has a continuing duty
of disclosure before and during trial. If,
after the omnibus hearing held pursuant to rule 11 of the Rules of Criminal
Procedure, a prosecutor discovers additional material, information, or
witnesses subject to disclosure under this subdivision, the prosecutor must
promptly notify the court and defense counsel, or, if the defendant is not
represented, the defendant, of what was discovered. If the court finds that the
jailhouse
witness was not known or that materials in paragraph (a) could not be
discovered or obtained by the state within that period with the exercise of due
diligence, the court may order that disclosure take place within a reasonable
period. Upon good cause shown, the court
may continue the proceedings.
(c) If the prosecutor files a written
certificate with the trial court that disclosing the information described in
paragraph (a) would subject the jailhouse witness or other persons to physical
harm or coercion, the court may order that the information must be disclosed to
the defendant's counsel but may limit disclosure to the defendant in a way that
does not unduly interfere with the defendant's right to prepare and present a
defense, including limiting disclosure to nonidentifying information.
Subd. 5. Victim
notification. (a) A
prosecutor shall make every reasonable effort to notify a victim if the
prosecutor has decided to offer or provide any of the following to a jailhouse
witness in exchange for, or as the result of, a jailhouse witness offering or
providing testimony against a suspect or defendant:
(1) reduction or dismissal of charges;
(2) a plea bargain;
(3) support for a modification of the
amount or conditions of bail; or
(4) support for a motion to reduce or
modify a sentence.
(b) 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
jailhouse witness is still in custody, the notification attempt shall be made
before the jailhouse witness is released from custody.
(c) Whenever a prosecutor notifies a
victim of domestic assault, criminal sexual conduct, or harassment or stalking
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.
(d) The notification required under this
subdivision is in addition to the notification requirements and rights
described in sections 611A.03, 611A.0315, 611A.039, and 611A.06.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 37. INITIAL
APPOINTMENTS AND MEETINGS.
Appointing authorities for the
Legislative Commission on Data Practices under Minnesota Statutes, section
3.8844, must make initial appointments by July 15, 2021. The speaker of the house of representatives
must designate one member of the commission to convene the first meeting of the
commission by August 1, 2021.
ARTICLE 4
CRIMINAL SEXUAL CONDUCT
Section 1. Minnesota Statutes 2020, section 2.722, subdivision 1, is amended to read:
Subdivision 1. Description. Effective July 1, 1959, the state is divided into ten judicial districts composed of the following named counties, respectively, in each of which districts judges shall be chosen as hereinafter specified:
1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe and one other shall be maintained at the place designated by the chief judge of the district;
2. Ramsey; 26 judges;
3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert Lea, Austin, Rochester, and Winona;
4. Hennepin; 60 judges;
5. Blue
Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, Murray,
Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 17
judges; and permanent chambers shall be maintained in Marshall, Windom,
Fairmont, New Ulm, and Mankato;
6. Carlton, St. Louis, Lake, and Cook; 15 judges;
7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers shall be maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 24 judges; and permanent chambers shall be maintained in Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places designated by the chief judge of the district.
Sec. 2. Minnesota Statutes 2020, 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, paragraph (a), 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, paragraph (b); or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section 609.746, subdivision 1, paragraph (f);
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or aiding, abetting, or conspiring 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) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
(ii) false imprisonment in violation of section 609.255, subdivision 2;
(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in the sex trafficking of a minor in violation of section 609.322;
(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
(v) soliciting a minor to engage in sexual conduct in violation of section 609.352, subdivision 2 or 2a, clause (1);
(vi) using a minor in a sexual performance in violation of section 617.246; or
(vii) possessing pornographic work involving a minor in violation of section 617.247;
(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision 3a; or
(4) the person was charged with or petitioned 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), and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state that would be a violation of a law described in paragraph (a) if committed in this state and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and remains for 14 days or longer or for an aggregate period of time exceeding 30 days during any calendar year; 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 a longer registration period under the laws of another state in which the person has been convicted or adjudicated, or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another state or is subject to lifetime registration, the person shall register for that time period 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 Minnesota Statutes 2012, section 253B.185, chapter 253D, 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 September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 3. Minnesota Statutes 2020, section 609.135, subdivision 2, is amended to read:
Subd. 2. Stay
of sentence maximum periods. (a) If
the conviction is for a felony other than section 609.2113, subdivision 1 or 2,
or 609.2114, subdivision 2, or section 609.3451, subdivision 1,
or Minnesota Statutes 2012, section 609.21, subdivision 1a, paragraph (b) or
(c), the stay shall be for not more than four years or the maximum period for
which the sentence of imprisonment might have been imposed, whichever is
longer.
(b) If the conviction is for a gross
misdemeanor violation of section 169A.20, 609.2113, subdivision 3, or 609.3451,
or for a felony described in section 609.2113, subdivision 1 or 2, or
609.2114, subdivision 2, or 609.3451, subdivision 1, the stay shall be
for not more than six years. The court
shall provide for unsupervised probation for the
last year of the stay unless the court finds that the defendant needs
supervised probation for all or part of the last year.
(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the stay shall be for not more than two years.
(d) If the conviction is for any misdemeanor under section 169A.20; 609.746, subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224, subdivision 1, in which the victim of the crime was a family or household member as defined in section 518B.01, the stay shall be for not more than two years. The court shall provide for unsupervised probation for the second year of the stay unless the court finds that the defendant needs supervised probation for all or part of the second year.
(e) If
the conviction is for a misdemeanor not specified in paragraph (d), the stay
shall be for not more than one year.
(f) The defendant shall be discharged six months after the term of the stay expires, unless the stay has been revoked or extended under paragraph (g), or the defendant has already been discharged.
(g) Notwithstanding the maximum periods specified for stays of sentences under paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year if it finds, at a hearing conducted under subdivision 1a, that:
(1) the
defendant has not paid court-ordered restitution in accordance with the payment
schedule or structure; and
(2) the defendant is likely to not pay the restitution the defendant owes before the term of probation expires.
This one-year extension of probation for failure to pay restitution may be extended by the court for up to one additional year if the court finds, at another hearing conducted under subdivision 1a, that the defendant still has not paid the court-ordered restitution that the defendant owes.
Nothing in this subdivision limits the court's ability to refer the case to collections under section 609.104.
(h) Notwithstanding the maximum periods specified for stays of sentences under paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three years if it finds, at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered treatment successfully; and
(2) the defendant is likely not to complete court-ordered treatment before the term of probation expires.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 4. Minnesota Statutes 2020, section 609.2325, is amended to read:
609.2325
CRIMINAL ABUSE.
Subdivision 1. Crimes. (a) A caregiver who, with intent
to produce physical or mental pain or injury to a vulnerable adult, subjects a
vulnerable adult to any aversive or deprivation procedure, unreasonable
confinement, or involuntary seclusion, is guilty of criminal abuse and may be
sentenced as provided in subdivision 3.
This paragraph subdivision
does not apply to therapeutic conduct.
(b) A caregiver, facility staff person,
or person providing services in a facility who engages in sexual contact or
penetration, as defined in section 609.341, under circumstances other than
those described in sections 609.342 to 609.345, with a resident, patient, or
client of the facility is guilty of criminal abuse and may be sentenced as
provided in subdivision 3.
Subd. 2. Exemptions. For the purposes of this section, a vulnerable adult is not abused for the sole reason that:
(1) the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections 253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition and hydration parenterally or through intubation; this paragraph does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or
refuse to offer or provide therapeutic conduct; or
(2) the vulnerable adult, a person with
authority to make health care decisions for the vulnerable adult, or a
caregiver in good faith selects and depends upon spiritual means or prayer for
treatment or care of disease or remedial care of the vulnerable adult in lieu
of medical care, provided that this is consistent with the prior practice or
belief of the vulnerable adult or with the expressed intentions of the
vulnerable adult; or.
(3) the vulnerable adult, who is not
impaired in judgment or capacity by mental or emotional dysfunction or undue
influence, engages in consensual sexual contact with: (i) a person, including a facility staff
person, when a consensual sexual personal relationship existed prior to the
caregiving relationship; or (ii) a personal care attendant, regardless of
whether the consensual sexual personal relationship existed prior to the
caregiving relationship.
Subd. 3. Penalties. (a) A person who violates
subdivision 1, paragraph (a), may be sentenced as follows:
(1) if the act results in the death of a vulnerable adult, imprisonment for not more than 15 years or payment of a fine of not more than $30,000, or both;
(2) if the act results in great bodily harm, imprisonment for not more than ten years or payment of a fine of not more than $20,000, or both;
(3) if the act results in substantial bodily harm or the risk of death, imprisonment for not more than five years or payment of a fine of not more than $10,000, or both; or
(4) in
other cases, imprisonment for not more than one year or payment of a fine of
not more than $3,000, or both.
(b)
A person who violates subdivision 1, paragraph (b), 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.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 5. Minnesota Statutes 2020, section 609.324, subdivision 1, is amended to read:
Subdivision 1. Engaging in, hiring, or agreeing to hire minor to engage in prostitution; penalties. (a) Whoever intentionally does any of the following 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:
(1) engages in prostitution with an
individual under the age of 13 14 years;
(2) hires or offers or agrees to hire an
individual under the age of 13 14 years to engage in sexual
penetration or sexual contact; or
(3) hires or offers or agrees to hire an
individual who the actor reasonably believes to be under the age of 13 14
years to engage in sexual penetration or sexual contact.
(b) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) engages in prostitution with an
individual under the age of 16 years but at least 13 14 years;
(2) hires or offers or agrees to hire an
individual under the age of 16 years but at least 13 14 years to
engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 16 years but at least 13 years to engage in sexual penetration or sexual contact.
(c) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) engages in prostitution with an individual under the age of 18 years but at least 16 years;
(2) hires or offers or agrees to hire an individual under the age of 18 years but at least 16 years to engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 18 years but at least 16 years to engage in sexual penetration or sexual contact.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 6. Minnesota Statutes 2020, section 609.341, subdivision 3, is amended to read:
Subd. 3. Force. "Force" means either: (1) the infliction, by the
actor of bodily harm; or (2) the attempted infliction, or threatened
infliction by the actor of bodily harm or commission or threat of any other
crime by the actor against the complainant or another, which (a) causes
the complainant to reasonably believe that the actor has the present ability to
execute the threat and (b) if the actor does not have a significant
relationship to the complainant, also causes the complainant to submit.
EFFECTIVE
DATE. This section is effective
September 15, 2021, and applies to crimes committed on or after that date.
Sec. 7. Minnesota Statutes 2020, section 609.341, subdivision 7, is amended to read:
Subd. 7. Mentally
incapacitated. "Mentally
incapacitated" means:
(1) that a person under the
influence of alcohol, a narcotic, anesthetic, or any other substance,
administered to that person without the person's agreement, lacks the judgment
to give a reasoned consent to sexual contact or sexual penetration; or
(2) that a person is under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding, or controlling the person's conduct.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 8. Minnesota Statutes 2020, section 609.341, subdivision 11, is amended to read:
Subd. 11. Sexual
contact. (a) "Sexual
contact," for the purposes of sections 609.343, subdivision 1, clauses (a)
to (f) (e), and subdivision 1a, clauses (a) to (f) and (i), and
609.345, subdivision 1, clauses (a) to (e), (d) and (h) to (p)
(i), and subdivision 1a, clauses (a) to (e), (h), and (i), includes any
of the following acts committed without the complainant's consent, except in
those cases where consent is not a defense, and committed with sexual or
aggressive intent:
(i) the intentional touching by the actor of the complainant's intimate parts, or
(ii) the touching by the complainant of the
actor's, the complainant's, or another's intimate parts effected by a person in
a current or recent position of authority, or by coercion, or by inducement if
the complainant is under 13 14 years of age or mentally impaired,
or
(iii) the touching by another of the complainant's intimate parts effected by coercion or by a person in a current or recent position of authority, or
(iv) in any of the cases above, the touching of the clothing covering the immediate area of the intimate parts, or
(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's body or the clothing covering the complainant's body.
(b) "Sexual contact," for the
purposes of sections 609.343, subdivision 1 1a, clauses (g) and
(h), and 609.345, subdivision 1 1a, clauses (f) and (g), and
609.3458, includes any of the following acts committed with sexual or
aggressive intent:
(i) the intentional touching by the actor of the complainant's intimate parts;
(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate parts;
(iii) the touching by another of the complainant's intimate parts;
(iv) in
any of the cases listed above, touching of the clothing covering the immediate
area of the intimate parts; or
(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's body or the clothing covering the complainant's body.
(c)
"Sexual contact with a person under 13 14" means the
intentional touching of the complainant's bare genitals or anal opening by the
actor's bare genitals or anal opening with sexual or aggressive intent or the
touching by the complainant's bare genitals or anal opening of the actor's or
another's bare genitals or anal opening with sexual or aggressive intent.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 9. Minnesota Statutes 2020, section 609.341, subdivision 12, is amended to read:
Subd. 12. Sexual penetration. "Sexual penetration" means any of the following acts committed without the complainant's consent, except in those cases where consent is not a defense, whether or not emission of semen occurs:
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
(2) any intrusion however slight into the genital or anal openings:
(i) of the complainant's body by any part of the actor's body or any object used by the actor for this purpose;
(ii) of the complainant's body by any part
of the body of the complainant, by any part of the body of another person, or
by any object used by the complainant or another person for this purpose, when
effected by a person in a current or recent position of authority, or by
coercion, or by inducement if the child is under 13 14 years of
age or mentally impaired; or
(iii) of the body of the actor or another
person by any part of the body of the complainant or by any object used by the
complainant for this purpose, when effected by a person in a current or recent position
of authority, or by coercion, or by inducement if the child is under 13 14
years of age or mentally impaired.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 10. Minnesota Statutes 2020, section 609.341, subdivision 14, is amended to read:
Subd. 14. Coercion. "Coercion" means the use by the
actor of words or circumstances that cause the complainant reasonably to fear that
the actor will inflict the infliction of bodily harm upon the
complainant or another, or the use by the actor of confinement, or superior
size or strength, against the complainant that causes the complainant to
submit to sexual penetration or contact against the complainant's will to
accomplish the act. Proof of
coercion does not require proof of a specific act or threat.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 11. Minnesota Statutes 2020, section 609.341, subdivision 15, is amended to read:
Subd. 15. Significant relationship. "Significant relationship" means a situation in which the actor is:
(1) the complainant's parent, stepparent, or guardian;
(2)
any of the following persons related to the complainant by blood, marriage, or
adoption: brother, sister, stepbrother,
stepsister, first cousin, aunt, uncle, nephew, niece, grandparent,
great-grandparent, great-uncle, great‑aunt; or
(3) an adult who jointly resides
intermittently or regularly in the same dwelling as the complainant and who is
not the complainant's spouse; or
(4) an adult who is or was involved in a significant romantic or sexual relationship with the parent of a complainant.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 12. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to read:
Subd. 24. Prohibited
occupational relationship. A
"prohibited occupational relationship" exists when the actor is in
one of the following occupations and the act takes place under the specified
circumstances:
(1) the actor performed massage or
other bodywork for hire, the sexual penetration or sexual contact occurred
during or immediately before or after the actor performed or was hired to
perform one of those services for the complainant, and the sexual penetration
or sexual contact was nonconsensual; or
(2) the actor and the complainant were
in one of the following occupational relationships at the time of the act. Consent by the complainant is not a defense:
(i) the actor was a psychotherapist,
the complainant was the actor's patient, and the sexual penetration or sexual
contact occurred during a psychotherapy session or during a period of time when
the psychotherapist-patient relationship was ongoing;
(ii) the actor was a psychotherapist
and the complainant was the actor's former patient who was emotionally
dependent on the actor;
(iii) the actor was or falsely
impersonated a psychotherapist, the complainant was the actor's patient or
former patient, and the sexual penetration or sexual contact occurred by means
of therapeutic deception;
(iv) the actor was or falsely
impersonated a provider of medical services to the complainant and the sexual
penetration or sexual contact occurred by means of deception or false
representation that the sexual penetration or sexual contact was for a bona
fide medical purpose;
(v) the actor was or falsely impersonated
a member of the clergy, the complainant was not married to the actor, the
complainant met with the actor in private seeking or receiving religious or
spiritual advice, aid, or comfort from the actor, and the sexual penetration or
sexual contact occurred during the course of the meeting or during a period of
time when the meetings were ongoing;
(vi) the actor provided special
transportation service to the complainant and the sexual penetration or sexual
contact occurred during or immediately before or after the actor transported
the complainant;
(vii) the actor was or falsely
impersonated a peace officer, as defined in section 626.84, the actor
physically or constructively restrained the complainant or the complainant did
not reasonably feel free to leave the actor's presence, and the sexual
penetration or sexual contact was not pursuant to a lawful search or lawful use
of force;
(viii)
the actor was an employee, independent contractor, or volunteer of a state,
county, city, or privately operated adult or juvenile correctional system, or
secure treatment facility, or treatment facility providing services to clients
civilly committed as mentally ill and dangerous, sexually dangerous persons, or
sexual psychopathic personalities, including but not limited to jails, prisons,
detention centers, or work release facilities, and the complainant was a
resident of a facility or under supervision of the correctional system;
(ix) the complainant was enrolled in a
secondary school and:
(A) the actor was a licensed educator
employed or contracted to provide service for the school at which the
complainant was a student;
(B) the actor was age 18 or older and
at least 48 months older than the complainant and was employed or contracted to
provide service for the secondary school at which the complainant was a
student; or
(C) the actor was age 18 or older and
at least 48 months older than the complainant, and was a licensed educator
employed or contracted to provide services for an elementary, middle, or
secondary school;
(x) the actor was a caregiver, facility
staff person, or person providing services in a facility, and the complainant
was a vulnerable adult who was a resident, patient, or client of the facility
who was impaired in judgment or capacity by mental or emotional dysfunction or
undue influence; or
(xi) the actor was a caregiver,
facility staff person, or person providing services in a facility, and the
complainant was a resident, patient, or client of the facility. This clause does not apply if a consensual
sexual personal relationship existed prior to the caregiving relationship or if
the actor was a personal care attendant.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 13. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to read:
Subd. 25. Caregiver. "Caregiver" has the meaning
given in section 609.232, subdivision 2.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 14. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to read:
Subd. 26. Facility. "Facility" has the meaning
given in section 609.232, subdivision 3.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 15. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to read:
Subd. 27. Vulnerable
adult. "Vulnerable
adult" has the meaning given in section 609.232, subdivision 11.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 16. Minnesota Statutes 2020, section 609.342, is amended to read:
609.342
CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Subdivision 1. Adult
victim; crime defined. A person
who engages in sexual penetration with another person, or in sexual contact
with a person under 13 years of age as defined in section 609.341, subdivision
11, paragraph (c), is guilty of criminal sexual conduct in the first degree
if any of the following circumstances exists:
(a) the complainant is under 13 years of
age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;
(b) the complainant is at least 13 years
of age but less than 16 years of age and the actor is more than 48 months older
than the complainant and in a current or recent 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;
(c) (a) circumstances
existing at the time of the act cause the complainant to have a reasonable fear
of imminent great bodily harm to the complainant or another;
(d) (b) the actor is armed
with a dangerous weapon or any article used or fashioned in a manner to lead
the complainant to reasonably believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant to submit;
(e) (c) the actor causes
personal injury to the complainant, and either any of the
following circumstances exist:
(i) the actor uses force or coercion
to accomplish the act; or
(ii) the actor uses force, as defined in
section 609.341, subdivision 3, clause (2); or
(ii) (iii) the actor knows or
has reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
(d) the actor uses force as defined in
section 609.341, subdivision 3, clause (1); or
(f) (e) the actor is aided or
abetted by one or more accomplices within the meaning of section 609.05, and
either of the following circumstances exists:
(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; or
(ii) the actor or an accomplice is
armed with a dangerous weapon or any article used or fashioned in a manner to
lead the complainant reasonably to believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;.
(g) the actor has a significant
relationship to the complainant and the complainant was under 16 years of age
at the time of the act. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a
defense; or
(h) the actor has a significant
relationship to the complainant, the complainant was under 16 years of age at
the time of the act, and:
(i) the actor or an accomplice used
force or coercion to accomplish the act;
(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.
Subd. 1a. Victim
under the age of 18; crime defined. A
person who engages in penetration with anyone under 18 years of age or sexual
contact with a person under 14 years of age as defined in section 609.341,
subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the
first degree if any of the following circumstances exists:
(a) circumstances existing at the time
of the act cause the complainant to have a reasonable fear of imminent great
bodily harm to the complainant or another;
(b) the actor is armed with a dangerous
weapon or any article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or threatens to use the
weapon or article to cause the complainant to submit;
(c) the actor causes personal injury to
the complainant, and any of the following circumstances exist:
(i) the actor uses coercion to accomplish the act;
(ii) the actor uses force, as defined
in section 609.341, subdivision 3, clause (2); or
(iii) the actor knows or has reason to
know that the complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(d) the actor is aided or abetted by
one or more accomplices within the meaning of section 609.05, and either of the
following circumstances exists:
(i) the actor or an accomplice uses
force or coercion to cause the complainant to submit; or
(ii) the actor or an accomplice is
armed with a dangerous weapon or any article used or fashioned in a manner to
lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;
(e) the complainant is under 14 years
of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;
(f) the complainant is at least 14
years of age but less than 16 years of age and:
(i) the actor is more than 36 months
older than the complainant; and
(ii) the actor is in a current or
recent 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;
(g) the complainant was under 16 years of age at the time of the act and the actor has a significant relationship to the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(h) the complainant was under 16 years
of age at the time of the act, and the actor has a significant relationship to
the complainant and any of the following circumstances exist:
(i) the actor or an accomplice used
force or coercion to accomplish the act;
(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; or
(i) the actor uses force, as defined in
section 609.341, subdivision 3, clause (1).
Subd. 2. Penalty. (a) Except as otherwise provided in section 609.3455; or Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 or subdivision 1a may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of not more than $40,000, or both.
(b) Unless a longer mandatory minimum sentence is otherwise required by law or the Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall presume that an executed sentence of 144 months must be imposed on an offender convicted of violating this section. Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines.
(c) A person convicted under this section is also subject to conditional release under section 609.3455.
Subd. 3. Stay. Except when imprisonment is required
under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a
person is convicted under subdivision 1 1a, clause (g), the court
may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 17. Minnesota Statutes 2020, section 609.343, is amended to read:
609.343
CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.
Subdivision 1. Adult victim; crime defined. A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists:
(a) the complainant is under 13 years
of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense. 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 and in a current or recent
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;
(c) (a) circumstances
existing at the time of the act cause the complainant to have a reasonable fear
of imminent great bodily harm to the complainant or another;
(d) (b) the actor is armed
with a dangerous weapon or any article used or fashioned in a manner to lead
the complainant to reasonably believe it to be a dangerous weapon and uses or
threatens to use the dangerous weapon to cause the complainant to submit;
(e) (c) the actor causes
personal injury to the complainant, and either any of the
following circumstances exist:
(i) the actor uses force or coercion
to accomplish the sexual contact; or
(ii) the actor uses force, as defined in
section 609.341, subdivision 3, clause (2); or
(ii) (iii) the actor knows or
has reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
(d) the actor uses force as defined in
section 609.341, subdivision 3, clause (1); or
(f) (e) the actor is aided or
abetted by one or more accomplices within the meaning of section 609.05, and
either of the following circumstances exists:
(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; or
(ii) the actor or an accomplice is
armed with a dangerous weapon or any article used or fashioned in a manner to
lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;.
(g) the actor has a significant
relationship to the complainant and the complainant was under 16 years of age
at the time of the sexual contact. Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense; or
(h) the actor has a significant
relationship to the complainant, the complainant was under 16 years of age at
the time of the sexual 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.
Subd. 1a. Victim
under the age of 18; crime defined. A
person who engages in sexual contact with anyone under 18 years of age is
guilty of criminal sexual conduct in the second degree if any of the following
circumstances exists:
(a) circumstances existing at the time
of the act cause the complainant to have a reasonable fear of imminent great
bodily harm to the complainant or another;
(b)
the actor is armed with a dangerous weapon or any article used or fashioned in
a manner to lead the complainant to reasonably believe it to be a dangerous
weapon and uses or threatens to use the dangerous weapon to cause the
complainant to submit;
(c) the actor causes personal injury to
the complainant, and any of the following circumstances exist:
(i) the actor uses coercion to accomplish the sexual contact;
(ii) the actor uses force, as defined
in section 609.341, subdivision 3, clause (2); or
(iii) the actor knows or has reason to
know that the complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(d) the actor is aided or abetted by
one or more accomplices within the meaning of section 609.05, and either of the
following circumstances exists:
(i) the actor or an accomplice uses
force or coercion to cause the complainant to submit; or
(ii) the actor or an accomplice is
armed with a dangerous weapon or any article used or fashioned in a manner to
lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;
(e) the complainant is under 14 years
of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense. In a prosecution under this clause, the state
is not required to prove that the sexual contact was coerced;
(f) the complainant is at least 14 but
less than 16 years of age and the actor is more than 36 months older than the
complainant and in a current or recent 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;
(g) the complainant was under 16 years of age at the time of the sexual contact and the actor has a significant relationship to the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(h) the actor has a significant
relationship to the complainant, the complainant was under 16 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; or
(i) the actor uses force, as defined in
section 609.341, subdivision 3, clause (1).
Subd. 2. Penalty. (a) Except as otherwise provided in section 609.3455; or Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 or subdivision 1a may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of not more than $35,000, or both.
(b)
Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the
court shall presume that an executed sentence of 90 months must be imposed on
an offender convicted of violating subdivision 1, clause (a), (b), (c),
(d), or (e), (f), or subdivision 1a, clause (a), (b), (c),
(d), or (h), or (i). Sentencing
a person in a manner other than that described in this paragraph is a departure
from the Sentencing Guidelines.
(c) A person convicted under this section is also subject to conditional release under section 609.3455.
Subd. 3. Stay. Except when imprisonment is required
under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a
person is convicted under subdivision 1 1a, clause (g), the court
may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 18. Minnesota Statutes 2020, section 609.344, is amended to read:
609.344
CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.
Subdivision 1. Adult victim; 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 if the
actor is no more than 120 months older than the complainant, it shall be an
affirmative defense, which must be proved by a preponderance of the evidence,
that the actor reasonably believes the complainant to be 16 years of age or
older. In all other cases, mistake as to
the complainant's age shall not be a defense.
Consent by the complainant is not a defense;
(c) (a) the actor uses force
or coercion to accomplish the penetration;
(d) (b) the actor knows or has
reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
(c)
the actor uses force, as defined in section 609.341, subdivision 3, clause (2);
or
(d) at the time of the act, the actor
is in a prohibited occupational relationship with the complainant.
Subd. 1a. Victim
under the age of 18; crime defined. A
person who engages in sexual penetration with anyone under 18 years of age is
guilty of criminal sexual conduct in the third degree if any of the following
circumstances exists:
(a) the complainant is under 14 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 14 but
less than 16 years of age and the actor is more than 24 months older than the
complainant. In any such case if the
actor is no more than 60 months older than the complainant, it shall be an
affirmative defense, which must be proved by a preponderance of the evidence,
that the actor reasonably believes the complainant to be 16 years of age or
older. In all other cases, mistake as to
the complainant's age shall not be a defense.
Consent by the complainant is not a defense;
(c) the actor uses 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 36 months
older than the complainant and in a current or recent 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: the actor uses force, as defined in section 609.341,
subdivision 3, clause (2); or
(i) at the time of the act, the actor
is in a prohibited occupational relationship with the complainant.
(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, or secure treatment facility, or treatment
facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities,
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;
(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;
(o) the actor performs massage or other
bodywork for hire, the complainant was a user of one of those services, and
nonconsensual sexual penetration occurred during or immediately before or after
the actor performed or was hired to perform one of those services for the
complainant; or
(p) the actor is a peace officer, as
defined in section 626.84, and the officer physically or constructively
restrains the complainant or the complainant does not reasonably feel free to
leave the officer's presence. Consent by
the complainant is not a defense. This
paragraph does not apply to any penetration of the mouth, genitals, or anus
during a lawful search.
Subd. 2. Penalty. Except as otherwise provided in section 609.3455, a person convicted under subdivision 1 or subdivision 1a may be sentenced:
(1) to imprisonment for not more than 15 years or to a payment of a fine of not more than $30,000, or both; or
(2) if the person was convicted under
subdivision 1 1a, paragraph (b), and if the actor was no more
than 48 36 months but more than 24 months older than the
complainant, to imprisonment for not more than five years or a fine of not more
than $30,000, or both.
A person convicted under this section is also subject to conditional release under section 609.3455.
Subd. 3. Stay. Except when imprisonment is required
under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a
person is convicted under subdivision 1 1a, clause (f), the court
may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 19. Minnesota Statutes 2020, section 609.345, is amended to read:
609.345
CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.
Subdivision 1. Adult victim; 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 current or recent position of authority over the
complainant. Consent by the complainant
to the act is not a defense. In any such
case, if the actor is no more than 120 months older than the complainant, it
shall be an affirmative defense which must be proved by a preponderance of the
evidence that the actor reasonably believes the complainant to be 16 years of
age or older. In all other cases,
mistake as to the complainant's age shall not be a defense;
(c) (a) the actor uses force
or coercion to accomplish the sexual contact;
(d) (b) the actor knows or has
reason to know that the complainant is mentally impaired, mentally incapacitated,
or physically helpless;
(c) the actor uses force, as defined in
section 609.341, subdivision 3, clause (2); or
(d) at the time of the act, the actor
is in a prohibited occupational relationship with the complainant.
Subd. 1a. Victim
under the age of 18; crime defined. A
person who engages in sexual contact with anyone under 18 years of age is
guilty of criminal sexual conduct in the fourth degree if any of the following
circumstances exists:
(a) the complainant is under 14 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 14 but less than 16 years of age and the actor is
more than 36 months older than the complainant or in a current or recent
position of authority over the complainant.
Consent by the complainant to the act is not a defense.
Mistake of age is not a defense unless actor is less than
60 months older. In any such case, if
the actor is no more than 60 months older than the complainant, it shall be an
affirmative defense which must be proved by a preponderance of the evidence
that the actor reasonably believes the complainant to be 16 years of age or
older. In all other cases, mistake as to
the complainant's age shall not be a defense;
(c) the actor uses 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 36 months
older than the complainant and in a current or recent 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: the actor uses force, as defined in section 609.341,
subdivision 3, clause (2); or
(i) at the time of the act, the actor
is in a prohibited occupational relationship with the complainant.
(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, or secure treatment facility, or treatment
facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities,
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;
(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;
(o) the actor performs massage or other
bodywork for hire, the complainant was a user of one of those services, and
nonconsensual sexual contact occurred during or immediately before or after the
actor performed or was hired to perform one of those services for the
complainant; or
(p) the actor is a peace officer, as defined
in section 626.84, and the officer physically or constructively restrains the
complainant or the complainant does not reasonably feel free to leave the
officer's presence. Consent by the
complainant is not a defense.
Subd. 2. Penalty. Except as otherwise provided in section 609.3455, a person convicted under subdivision 1 or subdivision 1a may be sentenced to imprisonment for not more than ten years or to a payment of a fine of not more than $20,000, or both. A person convicted under this section is also subject to conditional release under section 609.3455.
Subd. 3. Stay. Except when imprisonment is required
under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a
person is convicted under subdivision 1 1a, clause (f), the court
may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 20. Minnesota Statutes 2020, section 609.3451, is amended to read:
609.3451
CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
Subdivision 1. Sexual
penetration; crime defined. A
person is guilty of criminal sexual conduct in the fifth degree: if
the person engages in nonconsensual sexual penetration.
Subd. 1a. Sexual
contact; child present; crime defined.
A person is guilty of criminal sexual conduct in the fifth degree
if:
(1) if the person engages in
nonconsensual sexual contact; or
(2) the person engages in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing or having reason to know the minor is present.
For purposes of this section, "sexual contact" has the meaning given in section 609.341, subdivision 11, paragraph (a), clauses (i), (iv), and (v). Sexual contact also includes the intentional removal or attempted removal of clothing covering the complainant's intimate parts or undergarments, and the nonconsensual touching by the complainant of the actor's intimate parts, effected by the actor, if the action is performed with sexual or aggressive intent.
Subd. 2. Gross
misdemeanor. A person convicted
under subdivision 1 1a may be sentenced to imprisonment for not
more than one year or to a payment of a fine of not more than $3,000, or both.
Subd. 3. Felony. (a) A 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, if the person violates subdivision 1.
(b) A person is guilty of a felony
and may be sentenced to imprisonment for not more than seven years or to
payment of a fine of not more than $14,000, or both, if the person violates this
section subdivision 1 or 1a within seven ten years of:
(1) a conviction under subdivision 1;
(2) a previous conviction for
violating subdivision 1 1a, clause (2), a crime described in
paragraph (b) (c), or a statute from another state in conformity
with any of these offenses; or
(2) (3) the first of two or
more previous convictions for violating subdivision 1 1a, clause
(1), or a statute from another state in conformity with this offense.
(b) (c) A previous conviction
for violating section 609.342; 609.343; 609.344; 609.345; 609.3453; 617.23,
subdivision 2, clause (2), or subdivision 3; or 617.247 may be used to enhance
a criminal penalty as provided in paragraph (a) (b).
EFFECTIVE
DATE. This section is
effective September 15, 2021, and applies to crimes committed on or after that
date.
Sec. 21. Minnesota Statutes 2020, section 609.3455, is amended to read:
609.3455
DANGEROUS SEX OFFENDERS; LIFE SENTENCES; CONDITIONAL RELEASE.
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given.
(b) "Conviction" includes a
conviction as an extended jurisdiction juvenile under section 260B.130 for a
violation of, or an attempt to violate, section 609.342, 609.343, 609.344, or
609.3453, or 609.3458, if the adult sentence has been executed.
(c) "Extreme inhumane conditions" mean situations where, either before or after the sexual penetration or sexual contact, the offender knowingly causes or permits the complainant to be placed in a situation likely to cause the complainant severe ongoing mental, emotional, or psychological harm, or causes the complainant's death.
(d) A "heinous element" includes:
(1) the offender tortured the complainant;
(2) the offender intentionally inflicted great bodily harm upon the complainant;
(3) the offender intentionally mutilated the complainant;
(4) the offender exposed the complainant to extreme inhumane conditions;
(5) the offender was armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and used or threatened to use the weapon or article to cause the complainant to submit;
(6) the offense involved sexual penetration or sexual contact with more than one victim;
(7) the offense involved more than one perpetrator engaging in sexual penetration or sexual contact with the complainant; or
(8) the offender, without the complainant's consent, removed the complainant from one place to another and did not release the complainant in a safe place.
(e) "Mutilation" means the intentional infliction of physical abuse designed to cause serious permanent disfigurement or permanent or protracted loss or impairment of the functions of any bodily member or organ, where the offender relishes the infliction of the abuse, evidencing debasement or perversion.
(f) A conviction is considered a "previous sex offense conviction" if the offender was convicted and sentenced for a sex offense before the commission of the present offense.
(g) A conviction is considered a "prior sex offense conviction" if the offender was convicted of committing a sex offense before the offender has been convicted of the present offense, regardless of whether the offender was convicted for the first offense before the commission of the present offense, and the convictions involved separate behavioral incidents.
(h) "Sex offense" means any violation of, or attempt to violate, section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, 609.3458, or any similar statute of the United States, this state, or any other state.
(i) "Torture" means the intentional infliction of extreme mental anguish, or extreme psychological or physical abuse, when committed in an especially depraved manner.
(j) An offender has "two previous sex offense convictions" only if the offender was convicted and sentenced for a sex offense committed after the offender was earlier convicted and sentenced for a sex offense and both convictions preceded the commission of the present offense of conviction.
Subd. 2. Mandatory
life sentence without release; egregious first-time and repeat offenders. (a) Notwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person
convicted under section 609.342, subdivision 1, paragraph (a), (b), (c),
(d), or (e), (f), or (h); or 609.342, subdivision 1a,
clause (a), (b), (c), (d), (h), or (i); 609.343, subdivision 1, paragraph (a),
(b), (c), (d), or (e), (f),; or (h) 609.343,
subdivision 1a, clause (a), (b), (c), (d), (h), or (i), to life without the
possibility of release if:
(1) the fact finder determines that two or more heinous elements exist; or
(2) the person has a previous sex offense
conviction for a violation of section 609.342, 609.343, or 609.344, or
609.3458, subdivision 1, paragraph (b), and the fact finder determines that
a heinous element exists for the present offense.
(b) A fact finder may not consider a heinous element if it is an element of the underlying specified violation of section 609.342 or 609.343. In addition, when determining whether two or more heinous elements exist, the fact finder may not use the same underlying facts to support a determination that more than one element exists.
Subd. 3. Mandatory
life sentence for egregious first-time 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 under section 609.342,
subdivision 1, paragraph (a), (b), (c), (d), or (e), (f), or
(h), or; 609.342, subdivision 1a, clause (a), (b), (c), (d), (h), or
(i); 609.343, subdivision 1, paragraph (a), (b), (c), (d), or
(e), (f), or (h); or 609.343, subdivision 1a, clause (a), (b), (c),
(d), (h), or (i); and the fact finder determines that a heinous element
exists.
(b) The fact finder may not consider a heinous element if it is an element of the underlying specified violation of section 609.342 or 609.343.
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,
or 609.3458;
(2) the fact finder determines that the offender is a danger to public safety; and
(3) the fact finder 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 fact finder 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.
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, or 609.3458 and:
(1) the person has two previous sex offense convictions;
(2) the person has a previous sex offense conviction and:
(i) the fact finder 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 Minnesota Statutes 2004, section 609.108, for the previous sex offense conviction; or
(3) the person has two prior sex offense convictions, and the fact finder determines that the prior convictions and present offense involved at least three separate victims, and:
(i) the fact finder 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 Minnesota Statutes 2004, 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 609.3458, or any similar
statute of the United States, this state, or any other state.
Subd. 5. Life sentences; minimum term of imprisonment. At the time of sentencing under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based on the sentencing guidelines or any applicable mandatory minimum sentence, that must be served before the offender may be considered for supervised release.
Subd. 6. Mandatory
ten-year conditional release term. Notwithstanding
the statutory maximum sentence otherwise applicable to the offense and unless a
longer conditional release term is required in subdivision 7, when a court
commits an offender to the custody of the commissioner of corrections for a
violation of section 609.342, 609.343, 609.344, 609.345, or 609.3453, or
609.3458, the court shall provide that, after the offender has been
released from prison, the commissioner shall place the offender on conditional
release for ten years.
Subd. 7. Mandatory lifetime conditional release term. (a) When a court sentences an offender under subdivision 3 or 4, the court shall provide that, if the offender is released from prison, the commissioner of corrections shall place the offender on conditional release for the remainder of the offender's life.
(b)
Notwithstanding the statutory maximum sentence otherwise applicable to the
offense, when the court commits an offender to the custody of the commissioner
of corrections for a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453, or 609.3458, and the offender has a previous or prior sex
offense conviction, the court shall provide that, after the offender has been
released from prison, the commissioner shall place the offender on conditional
release for the remainder of the offender's life.
(c) Notwithstanding paragraph (b), an
offender may not be placed on lifetime conditional release for a violation of
section 609.345, unless the offender's previous or prior sex offense conviction
is for a violation of section 609.342, 609.343, 609.344, or 609.3453, or
609.3458, subdivision 1, paragraph (b), or any similar statute of the
United States, this state, or any other state.
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, or 609.3458. 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.
(c) 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. An offender, while on supervised release, is not entitled to credit against the offender's conditional release term for time served in confinement for a violation of release.
Subd. 9. Applicability. The provisions of this section do not affect the applicability of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005, or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.
Subd. 10. Presumptive executed sentence for repeat sex offenders. Except as provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to 609.345 or 609.3453 within 15 years of a previous