Journal of the House - 54th Day - Friday, April 21, 2023 - Top of Page 5987

 

 

STATE OF MINNESOTA

 

 

NINETY-THIRD SESSION - 2023

 

_____________________

 

FIFTY-FOURTH DAY

 

Saint Paul, Minnesota, Friday, April 21, 2023

 

 

      The House of Representatives convened at 11:30 a.m. and was called to order by Dan Wolgamott, Speaker pro tempore.

 

      Prayer was offered by the Reverend Sara E. Morse, Hazel Park United Church of Christ, St. Paul, Minnesota.

 

      John deCausmeaker from the Minnesota Wild performed the National Anthem. 

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Daudt

Davids

Davis

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Howard

Hudella

Huot

Jacob

Johnson

Jordan

Joy

Keeler

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

McDonald

Mekeland

Moller

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Newton

Niska

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rehm

Reyer

Richardson

Robbins

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

West

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      A quorum was present.

 

      Bliss, Demuth, Garofalo, Hassan, Hudson, Hussein, Igo, Kiel, Kresha and Noor were excused. 

 

      Schomacker was excused until 1:25 p.m.  Hornstein was excused until 1:50 p.m.

 

      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.


Journal of the House - 54th Day - Friday, April 21, 2023 - Top of Page 5988

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Gomez from the Committee on Taxes to which was referred:

 

H. F. No. 2, A bill for an act relating to employment; creating a family and medical benefit insurance program; requiring leave from employment under certain circumstances; allowing substitution of a private plan; prohibiting retaliation; classifying data; authorizing expedited rulemaking; appropriating money; amending Minnesota Statutes 2022, sections 13.719, by adding a subdivision; 62A.01, subdivision 1; 177.27, subdivision 4; 181.032; 256B.0659, subdivision 18; 256B.85, subdivisions 13, 13a; 256J.561, by adding a subdivision; 256J.95, subdivisions 3, 11; 256P.01, subdivision 3; 268.19, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 268B.

 

Reported the same back with the following amendments:

 

Page 50, line 5, delete "5" and insert "6"

 

Page 53, after line 22, insert:

 

"Subd. 5.  Small business wage exclusion.  (a) For employers with fewer than 30 employees, the amount of wages upon which quarterly employer premium is required is reduced by the premium rate to be paid by the employer multiplied by the lessor of:

 

(1) $12,500 multiplied by the number of employees; or

 

(2) $120,000.

 

(b) For each employee over 20 employees, the exclusion is reduced by $12,000.

 

(c) The premium paid by the employer as a result of the reduction allowed under this subdivision must not be less than zero.

 

(d) The reduction in premiums paid by the employer is for the sole benefit of the employer and does not relieve the employer from deducting the employee portion of the premium."

 

Renumber the subdivisions in sequence

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Gomez from the Committee on Taxes to which was referred:

 

H. F. No. 1372, A bill for an act relating to taxation; making various policy and technical changes to individual income and corporate franchise taxes, fire and police state aids, tax-related data practices provisions, and other miscellaneous taxes and tax provisions; amending Minnesota Statutes 2022, sections 6.495, subdivision 3; 13.46, subdivision 2; 270C.13, subdivision 1; 270C.19, subdivisions 1, 2; 270C.446, subdivision 2; 289A.08, subdivisions 7, 7a; 289A.382, subdivision 2; 289A.50, by adding a subdivision; 290.01, subdivision 19; 290.06, subdivision 22; 290.0671, subdivisions 1, 7; 290.0685, subdivision 1; 290.92, subdivision 20; 290.9705, subdivision 1; 290A.03,


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subdivision 13; 290A.19; 295.50, subdivision 4; 296A.083, subdivision 3; 297A.61, subdivision 29; 299C.76, subdivisions 1, 2; 477B.01, subdivisions 5, 10, 11, by adding subdivisions; 477B.02, subdivisions 2, 3, 5, 8, 9, 10, by adding a subdivision; 477B.03, subdivisions 2, 3, 4, 5, 7; 477B.04, subdivision 1, by adding a subdivision; 477C.02, subdivision 4; 477C.03, subdivisions 2, 5; 477C.04, by adding a subdivision; Laws 2008, chapter 366, article 17, section 6; repealing Minnesota Statutes 2022, sections 477B.02, subdivision 4; 477B.03, subdivision 6.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Olson, L., from the Committee on Ways and Means to which was referred:

 

S. F. No. 2909, A bill for an act relating to state government; providing for certain judiciary, public safety, corrections, human rights, firearm, clemency, rehabilitation and reinvestment, supervised release board, expungement, community supervision, and 911 Emergency Communication System policy; providing for reports; authorizing rulemaking; appropriating money for judiciary, courts, civil legal services, Guardian ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board of Public Defense, human rights, sentencing guidelines, public safety, emergency management, criminal apprehension, fire marshal, firefighters, Office of Justice programs, Peace Officer Standards and Training Board, Private Detective Board, corrections, incarceration and release, probation, juveniles, and Ombudsperson for Corrections; amending Minnesota Statutes 2022, sections 13.072, subdivision 1; 13.825, subdivision 3; 13.871, subdivisions 8, 14; 13A.02, subdivisions 1, 2; 144.6586, subdivision 2; 145.4712; 152.01, by adding a subdivision; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023, subdivision 2; 152.18, subdivision 1; 181.981, subdivision 1; 214.10, subdivision 10; 241.01, subdivision 3a; 241.021, subdivision 1d; 243.05, subdivision 1; 244.03; 244.05, subdivisions 1b, 2, 3, 4, 5, by adding a subdivision; 244.052, subdivision 4a; 244.101, subdivision 1; 244.19, subdivisions 1, 5; 244.195, subdivisions 1, 2, by adding subdivisions; 244.20; 244.21; 297I.06, subdivision 1; 299A.38; 299A.41, subdivisions 3, 4, by adding a subdivision; 299A.52; 299A.642, subdivision 15; 299A.73, by adding a subdivision; 299C.10, subdivision 1; 299C.106, subdivision 3; 299C.11, subdivision 3; 299C.111; 299C.17; 299C.53, subdivision 3; 299N.02, subdivision 3; 326.32, subdivision 10; 326.3381, subdivision 3; 357.021, subdivision 2; 363A.06, subdivision 1; 401.01; 401.02; 401.025, subdivision 1; 401.06; 401.09; 401.10; 401.11; 401.14, subdivision 3; 401.16; 403.02, subdivisions 7, 9a, 11b, 16a, 17, 17c, 18, 19, 19a, 20, 20a, 21, by adding subdivisions; 403.025; 403.03, subdivision 2; 403.05; 403.06; 403.07; 403.08; 403.09, subdivision 2; 403.10, subdivisions 2, 3; 403.11; 403.113; 403.15, subdivisions 1, 2, 3, 4, 5, 6, by adding a subdivision; 609.05, by adding a subdivision; 609.106, subdivision 2, by adding a subdivision; 609.11, subdivision 8, by adding a subdivision; 609.14, subdivision 1, by adding a subdivision; 609.2231, subdivision 4; 609.2233; 609.3455, subdivisions 2, 5; 609.35; 609.52, subdivision 3; 609.527, subdivision 1, by adding a subdivision; 609.582, subdivisions 3, 4; 609.595, subdivisions 1a, 2; 609.749, subdivision 3; 609A.01; 609A.02, subdivision 3; 609A.03, subdivisions 5, 7a, 9; 611.23; 611A.03, subdivision 1; 611A.211, subdivision 1; 611A.31, subdivisions 2, 3, by adding a subdivision; 611A.32; 626.15; 626.5531, subdivision 1; 626.843, by adding a subdivision; 626.8451, subdivision 1; 626.8469, subdivision 1; 626.8473, subdivision 3; 638.01; 641.15, subdivision 2; 641.155; Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 243; 244; 299A; 299C; 401; 609; 609A; 626; 638; repealing Minnesota Statutes 2022, sections 244.18; 244.19, subdivisions 6, 7, 8; 244.22; 244.24; 244.30; 299C.80, subdivision 7; 403.02, subdivision 13; 403.09, subdivision 3; 638.02; 638.03; 638.04; 638.05; 638.06; 638.07; 638.075; 638.08.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:


Journal of the House - 54th Day - Friday, April 21, 2023 - Top of Page 5990

"ARTICLE 1

JUDICIARY 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 "2024" and "2025" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.  "The first year" is fiscal year 2024.  "The second year" is fiscal year 2025.  "The biennium" is fiscal years 2024 and 2025.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2024

2025

 

      Sec. 2.  SUPREME COURT

 

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$73,666,000

 

$91,516,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Supreme Court Operations

 

44,943,000

 

46,703,000

 

(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 four percent in the first year and four percent in the second year.

 

      Subd. 3.  Civil Legal Services

 

28,723,000

 

44,813,000

 

The general fund base is $44,960,000 in fiscal year 2026 and $45,714,000 in fiscal year 2027.

 

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.


Journal of the House - 54th Day - Friday, April 21, 2023 - Top of Page 5991

           Sec. 3.  COURT OF APPEALS

 

$14,205,000

 

$14,762,000

 

(a) Judges' Compensation

 

Judges' compensation is increased by four percent in the first year and four percent in the second year.

 

(b) Law Clerk Salaries

 

$134,300 each year is to increase the compensation of court of appeals law clerks to a salary of $69,384 per year.  Notwithstanding Minnesota Statutes, section 16A.285, the court of appeals must not transfer this money between programs.

 

      Sec. 4.  DISTRICT COURTS

 

$371,931,000

 

$370,311,000

 

(a) Judges' Compensation

 

Judges' compensation is increased by four percent in the first year and four percent in the second year.

 

(b) Law Clerk Salaries

 

$4,413,000 each year is to increase the compensation of district court law clerks to a salary of $69,384 per year.  Notwithstanding Minnesota Statutes, section 16A.285, the district court must not transfer this money between programs.

 

(c) Juror Reimbursement

 

$2,625,000 each year is to increase the rate of compensation for jurors to $50 for each day of required attendance at sessions of court.

 

      Sec. 5.  GUARDIAN AD LITEM BOARD

 

$24,358,000

 

$25,620,000

 

      Sec. 6.  TAX COURT

 

$2,173,000

 

$2,308,000

 

Law Clerk Salaries

 

$40,000 each year is to increase the compensation of Tax Court law clerks to a salary of $69,384 per year.  Notwithstanding Minnesota Statutes, section 16A.285, the Tax Court must not transfer this money between programs.

 

      Sec. 7.  UNIFORM LAWS COMMISSION

 

$115,000

 

$115,000

 

      Sec. 8.  BOARD ON JUDICIAL STANDARDS

 

$655,000

 

$645,000

 

(a) Availability of Appropriation

 

If the appropriation for either year is insufficient, the appropriation for the other fiscal year is available.


Journal of the House - 54th Day - Friday, April 21, 2023 - Top of Page 5992

(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, 2027.

 

      Sec. 9.  BOARD OF PUBLIC DEFENSE

 

$154,134,000

 

$164,360,000

 

      Sec. 10.  HUMAN RIGHTS

 

$8,431,000

 

$8,823,000

 

The general fund base is $9,303,000 in fiscal year 2026 and $9,303,000 in fiscal year 2027.

 

Mediator Payments

 

$20,000 each year is to fund payments to mediators.  This appropriation is onetime and is available until June 30, 2027.

 

      Sec. 11.  OFFICE OF APPELLATE COUNSEL AND TRAINING

 

$659,000

 

 

$1,560,000

 

Establishment and Operations

 

$659,000 the first year and $1,560,000 the second year are for establishment and operation of the Statewide Office of Appellate Counsel and Training as described in Minnesota Statutes, section 260C.419, and to provide support for the State Board of Appellate Counsel and Training.

 

      Sec. 12.  DEPARTMENT OF HUMAN SERVICES

 

$1,500,000

 

$-0-

 

Child Advocacy Center

 

$1,500,000 the first year is for a grant to First Witness Child Advocacy Center for the acquisition and improvement of properties located at 1402, 1406, and 1412 East 2nd Street in the city of Duluth.  This appropriation includes money for demolition of the building located at 1412 East 2nd Street and construction of a parking lot, and for renovation, furnishing, and equipping of the buildings located at 1402 and 1406 East 2nd Street as a training center and a child advocacy center.

 

ARTICLE 2

PUBLIC SAFETY 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 "2024" and "2025" used in this article mean that the


Journal of the House - 54th Day - Friday, April 21, 2023 - Top of Page 5993

appropriations listed under them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.  "The first year" is fiscal year 2024.  "The second year" is fiscal year 2025.  "The biennium" is fiscal years 2024 and 2025.  Appropriations for the fiscal year ending June 30, 2023, are effective the day following final enactment.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

2023

2024

2025

 

      Sec. 2.  SENTENCING GUIDELINES

 

$1,549,000

 

$1,488,000

 

The general fund base is $1,071,000 in fiscal year 2026 and $1,071,000 in fiscal year 2027.

 

      Sec. 3.  PUBLIC SAFETY

 

 

 

 

 

      Subdivision 1.  Total Appropriation

$1,000,000

 

$295,624,000

 

$279,032,000

 

Appropriations by Fund

 

 

2023

 

2024

2025

General

1,000,000

199,570,000

189,449,000

Special Revenue

 

18,458,000

18,711,000

State Government

 Special Revenue

 

103,000

103,000

Environmental

 

119,000

127,000

Trunk Highway

 

2,429,000

2,429,000

911 Fund

 

75,329,000

68,597,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

          Subd. 2.  Public Safety Administration

1,000,000

 

2,500,000

 

2,500,000

 

(a) Public Safety Officer Survivor Benefits

 

$1,000,000 in fiscal year 2023, $1,500,000 in fiscal year 2024, and $1,500,000 in fiscal year 2025 are for payment of public safety officer survivor benefits under Minnesota Statutes, section 299A.44.  If the appropriation for either year is insufficient, the appropriation for the other year is available.

 

(b) Soft Body Armor Reimbursements

 

$1,000,000 each year is for soft body armor reimbursements under Minnesota Statutes, section 299A.38.


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           Subd. 3.  Emergency Management

 

9,080,000

 

6,166,000

 

Appropriations by Fund

 

General

8,961,000

6,039,000

Environmental

119,000

127,000

 

(a) Supplemental Nonprofit Security Grants

 

$250,000 each year is for supplemental nonprofit security grants under this paragraph.  This appropriation is onetime.

 

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.

 

(b) School Safety Center

 

$300,000 each year is to fund two new school safety specialists at the Minnesota School Safety Center.

 

(c) Local Government Emergency Management

 

$2,000,000 each year is to award grants in equal amounts to the emergency management organization of the 87 counties, 11 federally recognized Tribes, and four cities of the first class for reimbursement of planning and preparedness activities, including capital purchases, that are eligible under federal emergency management grant guidelines.  Local emergency management organizations must make a request to Homeland Security and


Journal of the House - 54th Day - Friday, April 21, 2023 - Top of Page 5995

Emergency Management Division (HSEM) for these grants.  Current local funding for emergency management and preparedness activities may not be supplanted by these additional state funds.  Of this amount, up to one percent may be used for the administrative costs of the agency.  Funds appropriated for this purpose do not cancel and are available until expended.  Unspent money may be redistributed to eligible local emergency management organizations.  This appropriation is onetime.

 

By March 15, 2024, the commissioner of public safety must submit a report on the grant awards to the chairs and ranking minority members of the legislative committees with jurisdiction over emergency management and preparedness activities.  At a minimum, the report must identify grant recipients and give detailed information on how the grantees used the money received.

 

(d) Lake Superior Chippewa Tribal Emergency Management Coordinator

 

$145,000 each year is for a grant to the Grand Portage Band of Lake Superior Chippewa to establish and maintain a Tribal emergency management coordinator under Minnesota Statutes, section 12.25.

 

(e) Grand Portage Band of Lake Superior Chippewa Tribe Coast Guard Services

 

$3,000,000 in fiscal year 2024 is for a grant to the Grand Portage Band of Lake Superior Chippewa to purchase equipment and fund a position for coast guard services off the north shore of Lake Superior.  This is a onetime appropriation.

 

      Subd. 4.  Criminal Apprehension

 

95,420,000

 

92,912,000

 

Appropriations by Fund

 

General

92,984,000

90,476,000

State Government

 Special Revenue

7,000

7,000

Trunk Highway

2,429,000

2,429,000

 

The annual base from the general fund is $90,496,000 beginning in fiscal year 2026.

 

(a) DWI Lab Analysis; Trunk Highway Fund

 

Notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $2,429,000 the first year and $2,429,000 the second year are from the trunk highway fund for staff and operating costs for laboratory analysis related to driving-while-impaired cases.


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(b) State Fraud Unit

 

$1,300,000 each year is for staff and operating costs to create the State Fraud Unit to centralize the state's response to activities of fraud with an estimated impact of $100,000 or more.

 

(c) FBI Compliance, Critical IT Infrastructure, and Cybersecurity Upgrades

 

$2,000,000 the first year and $1,000,000 the second year are for cybersecurity investments, critical infrastructure upgrades, and Federal Bureau of Investigation audit compliance.

 

(d) Clean Slate

 

$3,737,000 in fiscal year 2024 and $190,000 in fiscal year 2025 are for costs associated with automatic expungements and changes to expungements by petition.

 

(e) Firearm Eligibility Background Checks

 

$70,000 in fiscal year 2024 is to purchase and integrate information technology hardware and software necessary to process additional firearms eligibility background checks.

 

(f) Use of Force Investigations

 

$4,419,000 each year is for operation of the independent Use of Force Investigations Unit pursuant to Minnesota Statutes, section 299C.80.

 

(g) Fusion Center Report

 

$115,000 each year is to fund the fusion center report mandated under Minnesota Statutes, section 299C.055.  The appropriation is added to the agency's base.

 

(h) Human Trafficking Task Force

 

$1,000,000 each year is for staff and operating costs to support the Bureau of Criminal Apprehension-led Minnesota Human Trafficking Investigator's Task Force.

 

      Subd. 5.  Fire Marshal

 

16,397,000

 

16,656,000

 

Appropriations by Fund

 

General

4,184,000

4,190,000

Special Revenue

12,213,000

12,466,000


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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 $12,566,000 in fiscal year 2026 and $12,466,000 in fiscal year 2027.

 

(a) Hazardous Materials and Emergency Response Teams

 

$453,000 each year from the fire safety account in the special revenue fund for hazardous materials and emergency response teams.

 

(b) Hometown Heroes Assistance Program

 

$4,000,000 each year from the general fund is for grants to the Minnesota Firefighter Initiative to fund the hometown heroes assistance program established in Minnesota Statutes, section 299A.477.

 

      Subd. 6.  Firefighter Training and Education Board

 

6,175,000

 

6,175,000

 

Appropriations by Fund

 

Special Revenue

6,175,000

6,175,000

 

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 from the special revenue fund is for firefighter training and education.

 

(b) Task Force 1

 

$1,125,000 each year is for the Minnesota Task Force 1.

 

(c) Task Force 2

 

$200,000 each year is for Minnesota Task Force 2.

 

(d) Air Rescue

 

$350,000 each year is for the Minnesota Air Rescue Team.

 

(e) Unappropriated Revenue

 

 

 

 

 

Any additional unappropriated money collected in fiscal year 2023 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.


Journal of the House - 54th Day - Friday, April 21, 2023 - Top of Page 5998

           Subd. 7.  Alcohol and Gambling Enforcement

 

3,500,000

 

3,754,000

 

Appropriations by Fund

 

General

3,430,000

3,684,000

Special Revenue

70,000

70,000

 

$70,000 each year is from the lawful gambling regulation account in the special revenue fund.

 

      Subd. 8.  Office of Justice Programs

 

86,607,000

 

81,656,000

 

Appropriations by Fund

 

General

86,511,000

81,560,000

State Government

 Special Revenue

96,000

96,000

 

(a) Domestic and Sexual Violence Housing

 

$1,250,000 each year is to establish a Domestic Violence Housing First grant program to provide resources for survivors of violence to access safe and stable housing and for staff to provide mobile advocacy and expertise in housing resources in their community, and a Minnesota Domestic and Sexual Violence Transitional Housing program to develop and support medium to long term transitional housing for survivors of domestic and sexual violence with supportive services.

 

(b) Office for Missing and Murdered Black Women and Girls

 

$1,248,000 each year is to establish and maintain the Minnesota Office for Missing and Murdered Black Women and Girls.

 

(c) Office of Restorative Practices

 

$500,000 each year is to establish and maintain the Office of Restorative Practices.

 

(d) Crossover and Dual-Status Youth Model Grants

 

$1,000,000 each year is to provide grants to local units of government to initiate or expand crossover youth practices model and dual-status youth programs that provide services for youth who are involved with or at risk of becoming involved with both the child welfare and juvenile justice systems, in accordance with the Robert F. Kennedy National Resource Center for Juvenile Justice model.


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(e) Restorative Practices Initiatives Grants

 

$5,000,000 each year is for grants to establish and support restorative practices initiatives pursuant to Minnesota Statutes, section 260B.020, subdivision 6.  The base for this activity is $2,500,000 beginning in fiscal year 2026.

 

(f) Ramsey County Youth Treatment Homes Acquisition and Betterment

 

$5,000,000 in fiscal year 2024 is for a grant to Ramsey County to establish, with input from community stakeholders, including impacted youth and families, up to seven intensive trauma‑informed therapeutic treatment homes in Ramsey County that are licensed by the Department of Human Services, culturally specific, community-based, and can be secured.  These residential spaces must provide intensive treatment and intentional healing for youth as ordered by the court as part of the disposition of a case in juvenile court.

 

(g) Ramsey County Violence Prevention

 

$1,250,000 each year is for a grant to Ramsey County to award grants to develop new and further enhance existing community‑based organizational support through violence prevention and community wellness grants.  Grantees must use the money to create family support groups and resources to support families during the time a young person is placed out of home following a juvenile delinquency adjudication and support the family through the period of postplacement reentry; create community-based respite options for conflict or crisis de-escalation to prevent incarceration or further systems involvement for families; and establish additional meaningful employment opportunities for systems-involved youth.

 

(h) Youth Intervention Programs

 

$7,500,000 each year is for youth intervention programs under Minnesota Statutes, section 299A.73.

 

(i) Community-Co-Responder Grants

 

$3,000,000 each year is for grants to local law enforcement agencies and local governments to build or maintain partnerships with mental health professionals, mental health practitioners, peer specialists, or mobile crisis teams in order to respond to people experiencing or having experienced a mental health crisis.  The Office of Justice Programs must prioritize grants to law enforcement agencies and local governments that partner with mobile crisis teams providing mobile crisis services pursuant to Minnesota Statutes, sections 245.469 and 256B.0624.  Grant proposals should define the types of calls to which mental health


Journal of the House - 54th Day - Friday, April 21, 2023 - Top of Page 6000

professionals, mental health practitioners, peer specialists, or mobile crisis teams will respond; the types of services that will be provided; the training that will be provided; and the types of records that will be kept.  The proposal should also address the respective roles of the peace officers and mental health workers, including but not limited to their respective roles in relation to transport holds, and data that will be collected to demonstrate the impact of the partnership.  The base for this activity is $4,500,000 beginning in fiscal year 2026.

 

(j) Prosecutor Training

 

$100,000 each year is for a grant to the Minnesota County Attorneys Association to be used for prosecutorial and law enforcement training, including trial school training and train‑the‑trainer courses.  All training funded with grant proceeds must contain blocks of instruction on racial disparities in the criminal justice system, collateral consequences to criminal convictions, and trauma-informed responses to victims.  This is a onetime appropriation.

 

The Minnesota County Attorneys Association must report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety policy and finance on the training provided with grant proceeds, including a description of each training and the number of prosecutors and law enforcement officers who received training.  The report is due by February 15, 2025.  The report may include trainings scheduled to be completed after the date of submission with an estimate of expected participants.

 

(k) Violence Prevention Research Center

 

$250,000 each year is to fund a violence prevention project research center that operates as a 501(c)(3) nonprofit organization and is a nonpartisan research center dedicated to reducing violence in society and using data and analysis to improve criminal justice‑related policy and practice in Minnesota.  The research center must place an emphasis on issues related to deaths and injuries involving firearms.

 

Beginning January 15, 2025, the grant recipient must submit an annual report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety policy and finance on its work and findings.  The report must include a description of the data reviewed, an analysis of that data, and recommendations to improve criminal justice-related policy and practice in Minnesota with specific recommendations to address deaths and injuries involving firearms.


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(l) First Responder Mental Health Curriculum

 

$25,000 in fiscal year 2024 is for a grant to a nonprofit graduate school that trains mental health professionals.  The grantee must use the grant to develop a curriculum for a 24-week certificate to train licensed therapists to understand the nuances, culture, and stressors of the work environments of first responders to allow those therapists to provide effective treatment to first responders in distress.  The grantee must collaborate with first responders who are familiar with the psychological, cultural, and professional issues of their field to develop the curriculum and promote it upon completion.

 

(m) First Responder Therapy Grant

 

$100,000 in fiscal year 2024 is to issue a grant to a nonprofit organization that operates at a class A race track and provides equine experiential mental health therapy to first responders suffering from job-related trauma and post-traumatic stress disorder.  This is a onetime appropriation.

 

For purposes of this section, a "first responder" is a peace officer as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c); a full-time firefighter as defined in Minnesota Statutes, section 299N.03, subdivision 5; or a volunteer firefighter as defined in Minnesota Statutes, section 299N.03, subdivision 7.

 

The grant recipient must report to the commissioner of public safety and the chairs and ranking minority members of the house of representatives and senate committees overseeing public safety policy and finance on the equine experiential mental health therapy provided to first responders under this section.  The report must include an overview of the program's budget, a detailed explanation of program expenditures, the number of first responders served by the program, and a list and explanation of the services provided to and benefits received by program participants.  An initial report is due by January 15, 2024, and a final report is due by January 15, 2025.

 

(n) Peer-to-Peer First Responder Mental Health Treatment Grant

 

$250,000 in fiscal year 2024 is to provide a grant to a nonprofit that provides and facilitates peer-to-peer mental health treatment for present and former law enforcement officers and first responders facing employment-related mental health issues, utilizing interactive group activity and other methods.  This is a onetime appropriation.


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(o) Report on Approaches to Address Illicit Drug Use in Minnesota

 

$118,000 each year is to enter into an agreement with Rise Research LLC for a study and set of reports on illicit drug use in Minnesota describing current responses to that use, reviewing alternative approaches utilized in other jurisdictions, and making policy and funding recommendations for a holistic and effective response to illicit drug use and the illicit drug trade.  The agreement must establish a budget and schedule with clear deliverables.  This appropriation is onetime.

 

The study must include a review of current policies, practices, and funding; identification of alternative approaches utilized effectively in other jurisdictions; and policy and funding recommendations for a response to illicit drug use and the illicit drug trade that reduces and, where possible, prevents harm and expands individual and community health, safety, and autonomy.  Recommendations must consider impacts on public safety, racial equity, accessibility of health and ancillary supportive social services, and the intersections between drug policy and mental health, housing and homelessness, overdose and infectious disease, child welfare, and employment.

 

Rise Research may subcontract and coordinate with other organizations or individuals to conduct research, provide analysis, and prepare the reports required by this section.

 

Rise Research shall submit reports to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety finance and policy, human services finance and policy, health finance and policy, and judiciary finance and policy.  Rise Research shall submit an initial report by February 15, 2024, and a final report by March 1, 2025.

 

(p) Legal Representation for Children

 

$150,000 each year is for a grant to an organization that provides legal representation for 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, in cash, or a combination of the two.  These appropriations are in addition to any other appropriations for the legal representation of children.  This appropriation is onetime.

 

(q) Mental Health Services for First Responders Grant Program

 

$1,000,000 each year is for grants to fund mental health services for first responders under section 23.


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(r) Pretrial Release Study and Report

 

$250,000 each year are for a grant to the Minnesota Justice Research Center to study and report on pretrial release practices in Minnesota and other jurisdictions, including but not limited to the use of bail as a condition of pretrial release.  This appropriation is onetime.

 

(s) Costs of Medical Examinations

 

$3,967,000 in fiscal year 2024 and $3,767,000 in fiscal year 2025 are to reimburse qualified health care providers for the expenses associated with medical examinations administered to victims of criminal sexual conduct as required under Minnesota Statutes, section 609.35.  The base for this program is $3,771,000 in fiscal year 2026 and $3,776,000 in fiscal year 2027.

 

(t) Firearm Storage Grants

 

$250,000 in fiscal year 2024 is for grants to local or state law enforcement agencies to support the safe and secure storage of firearms owned by persons subject to extreme risk protection orders.  The commissioner must apply for a grant from the Byrne State Crisis Intervention Program to supplement the funds appropriated by the legislature for implementation of Minnesota Statutes, sections 624.7171 to 624.7178 and 626.8481.  Of the federal funds received, the commissioner must dedicate at least an amount that is equal to this appropriation to fund safe and secure firearms storage grants provided for under this paragraph.  This is onetime appropriation.

 

(u) Increased Staffing

 

$667,000 in fiscal year 2024 and $1,334,000 in fiscal year 2025 are to increase staffing in the Office of Justice Programs for grant monitoring and compliance; provide training and technical assistance to grantees and potential grantees; conduct community outreach and engagement to improve the experiences and outcomes of applicants, grant recipients, and crime victims throughout Minnesota; expand the Minnesota Statistical Analysis Center; and increase staffing for the crime victim reimbursement program.

 

(v) 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.


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           Subd. 9.  Emergency Communication Networks

 

76,329,000

 

69,597,000

 

Appropriations by Fund

 

General

1,000,000

1,000,000

911 Fund

75,329,000

68,597,000

 

(a) Public Safety Answering Points

 

 

 

 

 

$28,011,000 the first year and $28,011,000 the second year shall be distributed as provided under Minnesota Statutes, section 403.113, subdivision 2.

 

(b) Transition to Next Generation 911

 

$7,000,000 in the first year is to support Public Safety Answering Points' transition to Next Generation 911.  Funds may be used for planning, cybersecurity, GIS data collection and maintenance, 911 call processing equipment, and new Public Safety Answering Point technology to improve service delivery.  Funds shall be distributed by October 1, 2023, as provided in Minnesota Statutes, section 403.113, subdivision 2.  Funds are available until June 30, 2025, and any unspent funds must be returned to the 911 emergency telecommunications service account.  This is a onetime appropriation.

 

Each eligible entity receiving these funds must provide a detailed report on how the funds were used to the commissioner of public safety by August 1, 2025.

 

(c) ARMER State Backbone Operating Costs

 

$10,116,000 the first year and $10,384,000 the second year are transferred to the commissioner of transportation for costs of maintaining and operating the statewide radio system backbone.

 

(d) Statewide Emergency Communications Board

 

$1,000,000 each year is to the Statewide Emergency Communications Board.  Funds may be used for operating costs, to provide competitive grants to local units of government to fund enhancements to a communication system, technology, or support activity that directly provides the ability to deliver the 911 call between the entry point to the 911 system and the first responder, and to further the strategic goals set forth by the SECB Statewide Communication Interoperability Plan.


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(e) Statewide Public Safety Radio Communication System Equipment Grants

 

$1,000,000 each year from the general fund is for grants to local units of government, federally recognized Tribal entities, and state agencies participating in the statewide Allied Radio Matrix for Emergency Response (ARMER) public safety radio communication system established under Minnesota Statutes, section 403.36, subdivision 1e.  The grants must be used to purchase or upgrade portable radios, mobile radios, and related equipment that is interoperable with the ARMER system.  Each local government unit may receive only one grant.  The grant is contingent upon a match of at least five percent from nonstate funds.  The director of the Department of Public Safety Emergency Communication Networks division, in consultation with the Statewide Emergency Communications Board, must administer the grant program.  This appropriation is available until June 30, 2026.  This is a onetime appropriation.

 

      Sec. 4.  PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$13,286,000

 

$12,892,000

 

The general fund base is $6,892,000 beginning in fiscal year 2026.  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.

 

      Sec. 5.  PRIVATE DETECTIVE BOARD

 

$758,000

 

$688,000

 

      Sec. 6.  CORRECTIONS

 

 

 

 

 

      Subdivision 1.  Total Appropriation

$12,643,000

 

$621,145,000

 

$658,001,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Incarceration and Prerelease Services

$12,643,000

 

$525,399,000

 

$557,683,000

 

(a) Body-worn Camera Program

 

$1,000,000 each year is to create a body-worn camera program for corrections officers and intensive supervised release agents.

 

(b) Prison Rape Elimination Act

 

$1,000,000 each year is for Prison Rape Elimination Act (PREA) compliance.


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(c) ARMER Radio System

 

$1,500,000 each year is to upgrade and maintain the ARMER radio system within correctional facilities.

 

(d) Special Investigations Office

 

$999,000 in fiscal year 2024 and $1,865,000 in fiscal year 2025 are to establish and maintain a special investigations office within the fugitive apprehension unit.  The base for this purpose in fiscal year 2026 is $1,461,000.  Beginning in fiscal year 2027, the base for this purpose is $1,462,000.

 

(e) Health Services

 

$1,072,000 in fiscal year 2024 and $2,542,000 in fiscal year 2025 are for the health services division to provide 24-hour nursing capacity at correctional facilities in Rush City, Moose Lake, St. Cloud, Lino Lakes, and Stillwater.

 

(f) Educational Programming and Support Services

 

$2,320,000 in fiscal year 2024 and $3,145,000 in fiscal year 2025 are for educational programming and support services.  Beginning in fiscal year 2026, the base for this purpose is $2,901,000.

 

(g) Inmate External Communication Fees

 

$2,000,000 each year is to reduce or eliminate the fees for inmates to communicate with nonincarcerated persons.

 

(h) Supportive Arts for Incarcerated Persons

 

$150,000 in fiscal year 2024 is for supportive arts for incarcerated persons grants.  Of this amount, up to ten percent is for administration, including facility space, access, liaison, and monitoring.  Any unencumbered balance remaining at the end of the first year does not cancel but is available for the second year.

 

(i) Operating Deficiency

 

$12,643,000 in fiscal year 2023 is to meet financial obligations in fiscal year 2023.  This is a onetime appropriation.

 

(j) Incarceration and Prerelease Services Base Budget

 

The general fund base for Department of Corrections incarceration and prerelease services is $552,315,000 in fiscal year 2026 and $552,645,000 in fiscal year 2027.


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           Subd. 3.  Community Supervision and Postrelease Services

 

48,332,000

 

49,417,000

 

(a) Tribal Nation Supervision

 

$2,750,000 each year is for grants to Tribal Nations to provide supervision in tandem with the department.

 

(b) Alternatives to Incarceration

 

$160,000 each year is for funding to Mower County to facilitate access to community treatment options under the alternatives to incarceration program.

 

(c) Peer Support Project

 

$266,000 each year is to create a reentry peer support project.

 

(d) Postrelease Sex Offender Program

 

$2,415,000 each year is for postrelease sex offender treatment.

 

(e) Regional and County Jails Study and Report

 

$150,000 in fiscal year 2024 is to fund the commissioner's study and report on the consolidation or merger of county jails and alternatives to incarceration for persons experiencing mental health disorders.

 

(f) Work Release Programs

 

$500,000 each year is for work release programs.

 

(g) County Discharge Plans

 

$860,000 in fiscal year 2024 and $861,000 in fiscal year 2025 are for counties to establish or maintain jail reentry coordination programs.  The commissioner shall develop a request for proposal for counties to establish or maintain reentry programs.  The commissioner must disburse 50 percent of the funding to counties outside the metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2.  The commissioner may retain up to five percent of the appropriation amount to monitor and administer the grant under this section.  Beginning in fiscal year 2026, the base for this purpose is $989,000.

 

(h) Housing Initiatives

 

$2,130,000 each year is for housing initiatives to support stable housing of incarcerated individuals upon release.  The base for this purpose in fiscal year 2026 and beyond is $1,685,000.  Of this amount:


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(1) $1,000,000 each year is for housing stabilization prerelease services and program evaluation.  The base for this purpose in fiscal year 2026 and beyond is $760,000;

 

(2) $500,000 each year is for rental assistance for incarcerated individuals approaching release, on supervised release, or on probation who are at risk of homelessness;

 

(3) $405,000 each year is for culturally responsive trauma‑informed transitional housing.  The base for this purpose in fiscal year 2026 and beyond is $200,000; and

 

(4) $225,000 each year is for housing coordination activities.

 

(i) Redemption Project

 

$150,000 each year is for a grant to The Redemption Project to provide inmates with curriculum and corporate mentors while incarcerated and meaningful employment upon release from a correctional facility.  This is a onetime appropriation.

 

(j) Community Supervision and Postrelease Services Base Budget

 

The general fund base for Department of Corrections community supervision and postrelease services is $48,371,000 in fiscal year 2026 and $48,271,000 in fiscal year 2027.

 

      Subd. 4.  Organizational, Regulatory, and Administrative Services

47,414,000

 

50,901,000

 

(a) Public Safety Data Infrastructure

 

$1,000,000 each year s for the development and management of statewide public safety information sharing infrastructure and foundation technologies.  The department shall consult with county correctional supervision providers, the Judicial Branch, the Minnesota Sheriff's Association, the Minnesota Chiefs of Police Association, and the Bureau of Criminal Apprehension, among other public safety stakeholders, in the development, design, and implementation of a statewide public safety information sharing infrastructure.

 

(b) Indeterminate Sentence Release Board

 

$40,000 each year is to establish an indeterminate sentence release board to review eligible cases and make release decisions for persons serving indeterminate sentences under the authority of the commissioner of corrections.

 

(c) Clemency Review Commission

 

$986,000 each year is for the Clemency Review Commission established under Minnesota Statutes, section 638.09.


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(d) Organizational, Regulatory, and Administrative Services Base Budget

 

The general fund base for Department of Corrections organizational, regulatory, and administrative services is $50,831,000 in fiscal year 2026 and $50,622,000 in fiscal year 2027.

 

      Sec. 7.  OMBUDSPERSON FOR CORRECTIONS

 

$1,105,000

 

$1,099,000

 

      Sec. 8.  BOARD OF PUBLIC DEFENSE

 

$750,000

 

$-0-

 

$750,000 in fiscal year 2024 is for costs related to assisting offenders convicted of felony murder with petitions for resentencing.

 

      Sec. 9.  BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES

$500,000

 

$500,000

 

$500,000 each year is for transfer to Metropolitan State University.  Of this amount, $280,000 each year is to provide juvenile justice services and resources, including the Juvenile Detention Alternatives Initiative, to Minnesota counties and federally recognized Tribes and $220,000 each year is for funding to local units of government, federally recognized Tribes, and agencies to support local Juvenile Detention Alternatives Initiatives, including but not limited to Alternatives to Detention.  The unencumbered balance in the first year of the biennium does not cancel but is available throughout the biennium.

 

      Sec. 10.  OFFICE OF HIGHER EDUCATION

 

$2,500,000

 

$-0-

 

$2,500,000 in fiscal year 2024 is to provide reimbursement grants to postsecondary schools certified to provide programs of professional peace officer education for providing in-service training programs on the use of force, including deadly force, by peace officers.  Of this amount, up to 2.5 percent is for administration and monitoring of the program.

 

      Sec. 11.  SUPREME COURT

 

$91,000

 

$182,000

 

$91,000 in fiscal year 2024 and $182,000 in fiscal year 2025 are for hearing costs related to extreme risk protection orders.

 

      Sec. 12.  DEPARTMENT OF NATURAL RESOURCES

$73,000

 

$9,000

 

$73,000 in fiscal year 2024 and $9,000 in fiscal year 2025 are to provide naloxone and training in the use of naloxone to conservation officers.


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           Sec. 13.  Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3, is amended to read:

 

      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."  These funds may only be used to reimburse costs related to training courses that qualify for reimbursement under Minnesota Statutes, sections 626.8452 (use of force), 626.8469 (training in crisis response, conflict management, and cultural diversity), and 626.8474 (autism training).

 

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.


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Sec. 14.  VIOLENT CRIME REDUCTION AND CLEARANCE SUPPORT ACCOUNT.

 

$75,000,000 in fiscal year 2024 is transferred from the general fund to the violent crime reduction and clearance support account in the special revenue fund.

 

Sec. 15.  COMMUNITY CRIME AND VIOLENCE PREVENTION ACCOUNT.

 

$100,000,000 in fiscal year 2024 is transferred from the general fund to the community crime and violence prevention account in the special revenue fund.

 

Sec. 16.  INTENSIVE COMPREHENSIVE PEACE OFFICER EDUCATION AND TRAINING ACCOUNT.

 

$5,000,000 each year is transferred from the general fund to the intensive comprehensive peace officer education and training account in the special revenue fund.  This transfer is onetime.

 

Sec. 17.  GAAGIGE-MIKWENDAAGOZIWAG REWARD ACCOUNT.

 

$250,000 in fiscal year 2024 is transferred from the general fund to the account for rewards for information on missing and murdered Indigenous women, girls, boys, and Two-Spirit relatives in the special revenue fund.

 

Sec. 18.  COMMUNITY SUPERVISION TARGETED INNOVATION ACCOUNT; TRANSFER.

 

$5,000,000 in fiscal year 2024 and each year thereafter is transferred from the general fund to the community supervision targeted innovation account in the special revenue fund.

 

Sec. 19.  ACCOUNT ESTABLISHED; TRANSFER; APPROPRIATION.

 

(a) A community supervision account is established as a special revenue account in the state treasury.

 

(b) $142,975,000 in fiscal year 2024 and $142,971,000 in fiscal year 2025 and each year thereafter are transferred from the general fund to the community supervision account in the special revenue fund and appropriated to the commissioner of corrections for offender community supervision.  This appropriation is added to the base.

 

Sec. 20.  COMMUNITY SUPERVISION TARGETED INNOVATION GRANTS; SPECIAL REVENUE ACCOUNT; APPROPRIATION.

 

(a) The community supervision targeted innovation account is created in the special revenue fund consisting of money deposited, donated, allotted, transferred, or otherwise provided to the account.  Of the amount in the account, up to $5,000,000 each year is appropriated to the commissioner of corrections for grants to be awarded to local and Tribal community supervision agencies and nonprofits that provide services to persons on community supervision.

 

(b) The commissioner shall award grants to applicants that operate, or intend to operate, innovative programs that target specific aspects of community supervision such as:

 

(1) access to community options, including but not limited to inpatient substance use disorder treatment for nonviolent controlled substance offenders to address and correct behavior that is, or is likely to result in, a technical violation of the conditions of release;

 

(2) reentry services;


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(3) restorative justice;

 

(4) juvenile diversion;

 

(5) family-centered approaches to supervision; and

 

(6) funding the cost of mandated services and equipment as a means to improve compliance rates for persons on community supervision.

 

(c) Grant recipients must provide an annual report to the commissioner that includes:

 

(1) the services provided by the grant recipient;

 

(2) the number of individuals served in the previous year;

 

(3) measurable outcomes of the recipient's program; and

 

(4) any other information required by the commissioner.

 

(d) By January 15, 2025, the commissioner shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over criminal justice policy and finance on how the appropriations in this section were used.  The report must detail the impact the appropriations had on improving community supervision practices and outcomes.

 

(e) The commissioner may use up to 2.5 percent of the annual appropriation to administer the grants.

 

Sec. 21.  VIOLENT CRIME REDUCTION AND CLEARANCE SUPPORT; SPECIAL REVENUE ACCOUNT; APPROPRIATION.

 

(a) The violent crime reduction and clearance support account is created in the special revenue fund consisting of money deposited, donated, allotted, transferred, or otherwise provided to the account.  Of the amount in the account, $15,000,000 each year is appropriated to the Bureau of Criminal Apprehension to support violent crime reduction strategies.  This includes funding for staff and supplies to enhance forensic, analytical, and investigations capacity, and financially support investigative partnerships with other law enforcement agencies to conduct forensic and investigatory work to expedite clearance rates.

 

(b) Funds allocated shall be used where there is the most acute need for supplemental resources based on the rate of violent crime and the need to improve clearance rates for violent crime investigations.  The superintendent of the Bureau of Criminal Apprehension shall prioritize allocating resources to political subdivisions that have recorded at least three violent crimes in the previous fiscal year and that rank in the 20 highest per capita crime rates among Minnesota political subdivisions in the previous fiscal year based on the Uniform Crime Reports or National Incident Based Reporting System.  As a condition of receiving investigatory assistance from the Bureau of Criminal Apprehension from this account, the local unit of government must enter a joint powers agreement with the commissioner of Public Safety and the superintendent of the Bureau of Criminal Apprehension.

 

(c) By December 15 of each calendar year, the commissioner shall report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over public safety finance and policy on how funds in the violent crime reduction and clearance support account were used.  Each report must, at a minimum, summarize the expenditures made, indicate the purpose of those expenditures, and provide an overview of the criminal cases where funds from the account were used, including a summary of the cases that identifies each case's disposition or outcome.


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Sec. 22.  COMMUNITY CRIME AND VIOLENCE PREVENTION GRANTS; SPECIAL REVENUE ACCOUNT; APPROPRIATION.

 

(a) The community crime and violence prevention account is created in the special revenue fund consisting of money deposited, donated, allotted, transferred, or otherwise provided to the account.  Of the amount in the account, up to $30,000,000 each year is appropriated to the commissioner of public safety for grants administered by the Office of Justice Programs to be awarded to community violence prevention and intervention programs.

 

(b) Grants may be awarded to community-based nonprofit organizations, local governments, or the governing bodies of federally recognized Indian Tribes.  Applicants that are nonprofit organizations must demonstrate the support of the local government or Indian Tribe where the nonprofit will be offering services.  Support may be demonstrated by partnerships with the local government or Indian Tribe, or letters or other affirmations of support.

 

(c) Grant recipients must operate crime or violence prevention programs with an established record of providing direct services to community members.  Programs must be culturally competent and identify specific outcomes that can be tracked and measured to demonstrate the impact the program has on community crime and violence.  Crime or violence prevention programs may include but are not limited to:

 

(1) programs that provide services to victims of crime or violence;

 

(2) programs that provide services to individuals and families harmed by gun violence;

 

(3) programs that provide support services for victims of crimes where there is a reasonable belief that the crimes were committed in whole or in substantial part because of the victim's or another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in Minnesota Statutes, section 363A.03, or because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in Minnesota Statutes, section 363A.03;

 

(4) homelessness assistance programs;

 

(5) programs that intervene in volatile situations to mediate disputes before they become violent;

 

(6) juvenile diversion programs; and

 

(7) programs that support a community response to violence that addresses trauma in the community and promotes community leadership development and coalition building.

 

(d) As part of the narrative and statistical progress reports provided to the Office of Justice Programs, grant recipients must report on the specific outcomes identified pursuant to paragraph (c).

 

(e) The Office of Justice Programs may use up to 2.5 percent of the annual appropriation to administer the grants.

 

Sec. 23.  PRETRIAL RELEASE STUDY AND REPORT.

 

(a) Pursuant to the terms of a grant, the Minnesota Justice Research Center shall study and report on pretrial release practices in Minnesota and other jurisdictions.

 

(b) The Minnesota Justice Research Center shall examine pretrial release practices in Minnesota and community perspectives about those practices; conduct a robust study of pretrial release practices in other jurisdictions to identify effective approaches to pretrial release that use identified best practices; provide analysis and


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recommendations describing if, and how, practices in other jurisdictions could be adopted and implemented in Minnesota, including but not limited to analysis addressing how changes would impact public safety, appearance rates, treatment of defendants with different financial means, disparities in pretrial detention, and community perspectives about pretrial release; and make recommendations for policy changes for consideration by the legislature.

 

(c) By February 15, 2024, the Minnesota Justice Research Center must provide a preliminary report to the legislative committees and divisions with jurisdiction over public safety finance and policy including a summary of the preliminary findings, any legislative proposals to improve the ability of the Minnesota Justice Research Center to complete its work, and any proposals for legislation related to pretrial release.  The Minnesota Justice Research Center shall submit a final report to the legislative committees and divisions with jurisdiction over public safety finance and policy by February 15, 2025.  The final report shall include a description of the Minnesota Justice Research Center's work, findings, and any legislative proposals.

 

Sec. 24.  MENTAL HEALTH SERVICES FOR FIRST RESPONDERS GRANT PROGRAM.

 

Subdivision 1.  Establishment.  The commissioner of public safety through the Office of Justice Programs shall establish and administer a grant program to fund mental health services to first responders employed by local units of government.

 

Subd. 2.  Eligibility.  Each local unit of government that employs peace officers or firefighters may apply for a grant.

 

Subd. 3.  Qualifying programs.  To qualify for a grant, an applicant must present a viable plan to the commissioner to offer a program that ensures at least one hour of mental health services every six months for any peace officers and firefighters employed by the applicant.

 

Subd. 4.  Selection; grant cap.  The commissioner may award grants up to $150,000.  Grant amounts must be based on the total number of peace officers and firefighters employed by the applicant.

 

Subd. 5.  Reports.  (a) Each grant recipient must submit a report to the commissioner by June 30 of each year that identifies the services provided, total number of employees served, total number of hours of services provided, and expenditures of grant money.  The report must also include an evaluation of the program's impact.

 

(b) By September 1 of each year, the commissioner shall report aggregate data received from grant recipients under paragraph (a) to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over public safety policy and finance.

 

Subd. 6.  Definitions.  For the purposes of this section, the following terms have the meanings given:

 

(1) "firefighter" means a firefighter employed full-time by a fire department and licensed by the Board of Firefighter Training and Education;

 

(2) "local unit of government" means a statutory or home rule charter city that employs its own law enforcement agency, or a county; and

 

(3) "peace officer" means a full-time peace officer employed by a local unit of government's law enforcement agency and licensed by the Minnesota Board of Peace Officer Standards and Training.

 

EFFECTIVE DATE.  This section is effective July 1, 2023, and applies to services administered on or after that date.


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Sec. 25.  LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS TRAINING GRANT.

 

(a) The commissioner of public safety must award a grant to the Adler Graduate School to develop and implement a law enforcement mental health and wellness training program to train licensed counselors to understand the nuances, culture, and stressors of the law enforcement profession so that the trainees can provide effective and successful treatment to peace officers in distress.  The grantee must request and incorporate the advice and counsel of law enforcement officers and mental health professionals who are familiar with the psychological, cultural, and professional issues of law enforcement to develop and implement the program.

 

(b) The grantee may offer the program online.

 

(c) The grantee must seek to recruit licensed counselors providing services outside of the 11-county metropolitan area as defined in Minnesota Statutes, section 115A.1314, subdivision 2, paragraph (b).

 

(d) The grantee must create a resource directory to provide law enforcement agencies with the names of counselors who have completed the program and other resources to support law enforcement professionals with overall wellness.  The grantee must collaborate with the commissioner of public safety and law enforcement organizations to promote the directory.

 

Sec. 26.  USE OF FORCE TRAINING; REIMBURSEMENT.

 

(a) The commissioner of the Office of Higher Education shall issue reimbursement grants to postsecondary schools certified to provide programs of professional peace officer education for providing in-service training programs on the use of force, including deadly force, by peace officers.

 

(b) To be eligible for reimbursement, training offered by a postsecondary school must:

 

(1) satisfy the requirements of Minnesota Statutes, section 626.8452, and be approved by the Board of Peace Officer Standards and Training;

 

(2) utilize scenario-based training that simulates real-world situations and involves the use of real firearms that fire nonlethal ammunition;

 

(3) include a block of instruction on the physical and psychological effects of stress before, during, and after a high-risk or traumatic incident and the cumulative impact of stress on the health of officers;

 

(4) include blocks of instruction on de-escalation methods and tactics, bias motivation, unknown risk training, defensive tactics, and force-on-force training; and

 

(5) be offered to peace officers at no charge to the peace officer or law enforcement agency.

 

(c) A postsecondary school that offers training consistent with the requirements of paragraph (b) may apply for reimbursement for the costs of offering the training.  Reimbursement shall be made at a rate of $450 for each officer who completes the training.  The postsecondary school must submit the name and peace officer license number of the peace officer who received the training to the Office of Higher Education.

 

(d) As used in this section:

 

(1) "law enforcement agency" has the meaning given in Minnesota Statutes, section 626.84, subdivision 1, paragraph (f); and

 

(2) "peace officer" has the meaning given in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c).


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Sec. 27.  SUPPORTIVE ARTS GRANT PROGRAM.

 

(a) The commissioner of corrections shall establish a supportive arts grant program to award grants to nonprofit organizations to provide supportive arts programs to incarcerated persons and persons on supervised release.  The supportive arts programs must use the arts, including but not limited to visual art, poetry, literature, theater, dance, and music, to address the supportive, therapeutic, and rehabilitative needs of incarcerated persons and persons on supervised release and promote a safer correctional facility environment and community environment.  The commissioner may not require the participation of incarcerated persons and persons on supervised release in a supportive arts program provided in a correctional facility or community under a grant.

 

(b) Applicants for grants under this section must submit an application in the form and manner established by the commissioner.  The applicants must specify the arts program to be offered and describe how the program is supportive, therapeutic, and rehabilitative for incarcerated persons and persons on supervised release and the use of the grant funds.

 

(c) Organizations are not required to apply for or receive grant funds under this section in order to be eligible to provide supportive arts programming inside the facilities.

 

(d) By March 1 of each year, the commissioner shall report to the chairs and ranking members of the legislative committees and divisions having jurisdiction over criminal justice finance and policy on the implementation, use, and administration of the grant program established under this section.  At a minimum, the report must provide:

 

(1) the names of the organizations receiving grants;

 

(2) the total number of individuals served by all grant recipients, disaggregated by race, ethnicity, and gender;

 

(3) the names of the correctional facilities and communities where incarcerated persons and persons on supervised release are participating in supportive arts programs offered under this section;

 

(4) the total amount of money awarded in grants and the total amount remaining to be awarded, if any;

 

(5) the amount of money granted to each recipient;

 

(6) a description of the program, mission, goals, and objectives by the organization using the money; and

 

(7) a description of and measures of success, either qualitative or quantitative.

 

Sec. 28.  APPROPRIATIONS GIVEN EFFECT ONCE.

 

If an appropriation or transfer in this article is enacted more than once during the 2023 regular session, the appropriation or transfer must be given effect once.

 

ARTICLE 3

JUDICIARY POLICY WITH FISCAL COST

 

Section 1.  [260C.419] STATEWIDE OFFICE OF APPELLATE COUNSEL AND TRAINING.

 

Subdivision 1.  Definitions.  (a) As used in this section, the following terms have the meanings given.

 

(b) "Board" means the State Board of Appellate Counsel and Training.


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(c) "Juvenile protection matter" means any of the following:

 

(1) child in need of protection or services matters as defined in section 260C.007, subdivision 6, including habitual truant and runaway matters;

 

(2) neglected and in foster care matters as defined in section 260C.007, subdivision 24;

 

(3) review of voluntary foster care matters as defined in section 260C.141, subdivision 2;

 

(4) review of out-of-home placement matters as defined in section 260C.212;

 

(5) termination of parental rights matters as defined in sections 260C.301 to 260C.328; and

 

(6) permanent placement matters as defined in sections 260C.503 to 260C.521, including matters involving termination of parental rights, guardianship to the commissioner of human services, transfer of permanent legal and physical custody to a relative, permanent custody to the agency, temporary legal custody to the agency, and matters involving voluntary placement pursuant to section 260D.07.

 

(d) "Office" means the Statewide Office of Appellate Counsel and Training.

 

Subd. 2.  Statewide Office of Appellate Counsel and Training; establishment.  (a) The Statewide Office of Appellate Counsel and Training is established as an independent state office.  The office shall be responsible for:

 

(1) establishing and maintaining a system for providing appellate representation to parents in juvenile protection matters, as provided in section 260C.163, subdivision 3, paragraph (c), and in Tribal court jurisdictions;

 

(2) providing training to all parent attorneys practicing in the state on topics relevant to their practice and establishing practice standards and training requirements for parent attorneys practicing in the state; and

 

(3) collaborating with the Minnesota Department of Human Services to coordinate and secure federal Title IV-E support for counties and Tribes interested in accessing federal funding.

 

(b) The office shall be governed by a board as provided in subdivision 3.

 

Subd. 3.  State Board of Appellate Counsel and Training; structure; membership.  (a) The State Board of Appellate Counsel and Training is established to direct the Statewide Office of Appellate Counsel and Training.  The board shall consist of seven members, including:

 

(1) four public members appointed by the governor; and

 

(2) three members appointed by the supreme court, at least one of whom must have experience representing parents in juvenile court and who include two attorneys admitted to practice law in the state and one public member.

 

(b) The appointing authorities may not appoint any of the following to be a member of the board:

 

(1) a person who is a judge;

 

(2) a person who is a registered lobbyist;

 

(3) a person serving as a guardian ad litem or counsel for a guardian ad litem;


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(4) a person who serves as counsel for children in juvenile court;

 

(5) a person under contract with or employed by the Department of Human Services or a county department of human or social services; or

 

(6) a current city or county attorney or assistant city or county attorney.

 

(c) All members shall demonstrate an interest in maintaining a high quality, independent appellate defense system for parents in juvenile protection proceedings who are unable to obtain adequate representation, a robust program for parent attorneys in Minnesota, and an efficient coordination effort, in collaboration with the Department of Human Services, to secure and utilize Title IV-E funding.  At least one member of the board appointed by the governor must be a representative from a federally recognized Indian Tribe.  No more than five members of the board may belong to the same political party.  At least three members of the board shall be from judicial districts other than the First, Second, Fourth, and Tenth Judicial Districts.  To the extent practicable, the membership of the board must include persons with disabilities, reflect the ethnic diversity of the state, take into consideration race and gender, and include persons from throughout the state.  The members shall be well acquainted with representing parents in district court and appellate proceedings related to child protection matters as well as the law that affect a parent attorney's work, including chapter 260C, the Rules of Juvenile Protection Procedure, the Rules of Civil Appellate Procedure, the Indian Child Welfare Act, and the Minnesota Indian Family Preservation Act.  The terms, compensation, and removal of members shall be as provided in section 15.0575.  The members shall elect a chair from among the membership and the chair shall serve a term of two years.

 

Subd. 4.  Head appellate counsel for parents; assistant and contracted attorneys; other employees.  (a) Beginning January 1, 2024, and for every four years after that date, the board shall appoint a head appellate counsel in charge of executing the responsibilities of the office who shall provide for sufficient appellate counsel for parents and other personnel necessary to discharge the functions of the office.  The head appellate counsel shall serve a four‑year term and may be removed only for cause upon the order of the board.  The head appellate counsel shall be a full-time qualified attorney, licensed to practice law in this state, and serve in the unclassified service of the state.  Vacancies of the office shall be filled by the appointing authority for the unexpired term.  The head appellate counsel shall devote full time to the performance of duties and shall not engage in the general practice of law.  The compensation of the head appellate counsel shall be set by the board and shall be commensurate with county attorneys in the state.

 

(b) Consistent with the decisions of the board, the head appellate counsel shall employ assistants or hire independent contractors to serve as appellate counsel for parents.  Each assistant appellate counsel and independent contractor serves at the pleasure of the head appellate counsel.  The compensation of assistant appellate counsel and independent contractors shall be set by the board and shall be commensurate with county attorneys in the state.

 

(c) A person serving as appellate counsel shall be a qualified attorney licensed to practice law in this state.  A person serving as appellate counsel practicing in Tribal court shall be a licensed attorney qualified to practice law in Tribal courts in the state.  Assistant appellate counsel and contracted appellate counsel may engage in the general practice of law where not employed or contracted to provide services on a full-time basis.

 

(d) The head appellate counsel shall, consistent with the responsibilities under subdivision 2, employ or hire the following:

 

(1) one managing appellate attorney;

 

(2) two staff attorneys;

 

(3) one director of training;


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(4) one program administrator to support Title IV-E reimbursement in collaboration with the Department of Human Services; and

 

(5) one office administrator.

 

(e) Each employee identified in paragraph (d) serves at the pleasure of the head appellate counsel.  The compensation of each employee shall be set by the board and shall be commensurate with county attorneys in the state.

 

(f) Any person serving as managing appellate attorney, staff attorney, and director of training shall be a qualified attorney licensed to practice law in the state.

 

(g) A person serving as the program administrator and office administrator must be chosen solely on the basis of training, experience, and qualifications.

 

Subd. 5.  Duties and responsibilities.  (a) The board shall work cooperatively with the head appellate counsel to govern the office and provide fiscal oversight.

 

(b) The board shall approve and recommend to the legislature a budget for the board, the office, and any programs operated by that office.

 

(c) The board shall establish procedures for distribution of funding under this section to the office and any programs operated by that office.

 

(d) The head appellate counsel with the approval of the board shall establish appellate program standards, administrative policies, procedures, and rules consistent with statute, rules of court, and laws that affect appellate counsel's work.  The standards must include but are not limited to:

 

(1) standards needed to maintain and operate an appellate counsel for parents program, including requirements regarding the qualifications, training, and size of the legal and supporting staff for an appellate counsel program;

 

(2) standards for appellate counsel caseloads;

 

(3) standards and procedures for the eligibility of appointment, assessment, and collection of the costs for legal representation provided by appellate counsel;

 

(4) standards for contracts between contracted appellate counsel and the state appellate counsel program for the legal representation of indigent persons;

 

(5) standards prescribing minimum qualifications of counsel appointed under the board's authority or by the courts; and

 

(6) standards ensuring the independent, competent, and efficient representation of clients whose cases present conflicts of interest.

 

(e) The head appellate counsel, with approval of the board, shall establish training program standards and processes and procedures necessary to carry out the office's responsibilities for statewide training of parent attorneys, including but not limited to establishing uniform practice standards and training requirements for all parent attorneys practicing in the state.

 

(f) The head appellate counsel and the program administrator with approval of the board shall establish processes and procedures for collaborating with the Department of Human Services to secure and utilize Title IV-E funds and communicating with counties and Tribes and any other processes and procedures necessary to carry out the office's responsibilities.


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(g) The board may:

 

(1) propose statutory changes to the legislature and rule changes to the supreme court that are in the best interests of the operation of the appellate counsel for parents program; and

 

(2) require the reporting of statistical data, budget information, and other cost factors by the appellate counsel for parents program.

 

Subd. 6.  Limitation.  In no event shall the board or its members interfere with the discretion, judgment, or zealous advocacy of counsel in their handling of individual cases as a part of the judicial branch of government.

 

Subd. 7.  Budget; county and Tribe use.  The establishment of the office and its employees and support staff and the board shall be funded by the state of Minnesota.  Minnesota counties and Tribes may utilize this office to provide appellate representation to indigent parents in their jurisdiction who are seeking an appeal and for assistance in securing Title IV-E funding through collaboration with the Department of Human Services.

 

Subd. 8.  Collection of costs; appropriation.  If any of the costs provided by appellate counsel are assessed and collected or otherwise reimbursed from any source, the State Board of Appellate Counsel and Training shall deposit payments in a separate account established in the special revenue fund.  The amount credited to this account is appropriated to the State Board of Appellate Counsel and Training.  The balance of this account does not cancel but is available until expended.

 

Sec. 2.  Minnesota Statutes 2022, section 357.021, subdivision 2, is amended to read:

 

Subd. 2.  Fee amounts.  The fees to be charged and collected by the court administrator shall be as follows:

 

(1) In every civil action or proceeding in said court, including any case arising under the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that party in said action, a fee of $285, except in marriage dissolution actions the fee is $315.

 

The defendant or other adverse or intervening party, or any one or more of several defendants or other adverse or intervening parties appearing separately from the others, shall pay, when the first paper is filed for that party in said action, a fee of $285, except in marriage dissolution actions the fee is $315.  This subdivision does not apply to the filing of an Application for Discharge of Judgment.  Section 548.181 applies to an Application for Discharge of Judgment.

 

The party requesting a trial by jury shall pay $100.

 

The fees above stated shall be the full trial fee chargeable to said parties irrespective of whether trial be to the court alone, to the court and jury, or disposed of without trial, and shall include the entry of judgment in the action, but does not include copies or certified copies of any papers so filed or proceedings under chapter 103E, except the provisions therein as to appeals.

 

(2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8 for an uncertified copy.

 

(3) Issuing a subpoena, $16 for each name.

 

(4) Filing a motion or response to a motion in civil, family, excluding child support, and guardianship cases, $75.

 

(5) Issuing an execution and filing the return thereof; issuing a writ of attachment, injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically mentioned, $55.


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(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment from another court, $40.

 

(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of judgment, $5.

 

(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name certified to.

 

(9) Filing and indexing trade name; or recording basic science certificate; or recording certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists, $5.

 

(10) For the filing of each partial, final, or annual account in all trusteeships, $55.

 

(11) For the deposit of a will, $27.

 

(12) For recording notary commission, $20.

 

(13) Filing a motion or response to a motion for modification of child support, a fee of $50.

 

(14) All other services required by law for which no fee is provided, such fee as compares favorably with those herein provided, or such as may be fixed by rule or order of the court.

 

(15) In addition to any other filing fees under this chapter, a surcharge in the amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption petition filed in district court to fund the fathers' adoption registry under section 259.52.

 

The fees in clauses (3) and (5) need not be paid by a public authority or the party the public authority represents.  No fee may be charged for an uncertified copy of an instrument from a civil or criminal proceeding.

 

Sec. 3.  Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:

 

Subdivision 1.  Formulation of policies.  (a) The commissioner shall formulate policies to effectuate the purposes of this chapter and shall do the following:

 

(1) exercise leadership under the direction of the governor in the development of human rights policies and programs, and make recommendations to the governor and the legislature for their consideration and implementation;

 

(2) establish and maintain a principal office in St. Paul, and any other necessary branch offices at any location within the state;

 

(3) meet and function at any place within the state;

 

(4) employ attorneys, clerks, and other employees and agents as the commissioner may deem necessary and prescribe their duties;

 

(5) to the extent permitted by federal law and regulation, utilize the records of the Department of Employment and Economic Development of the state when necessary to effectuate the purposes of this chapter;

 

(6) obtain upon request and utilize the services of all state governmental departments and agencies;

 

(7) adopt suitable rules for effectuating the purposes of this chapter;


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(8) issue complaints, receive and investigate charges alleging unfair discriminatory practices, and determine whether or not probable cause exists for hearing;

 

(9) subpoena witnesses, administer oaths, take testimony, and require the production for examination of any books or papers relative to any matter under investigation or in question as the commissioner deems appropriate to carry out the purposes of this chapter;

 

(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate unfair discriminatory practices as being contrary to the public policy of the state;

 

(11) develop and conduct programs of formal and informal education designed to eliminate discrimination and intergroup conflict by use of educational techniques and programs the commissioner deems necessary;

 

(12) make a written report of the activities of the commissioner to the governor each year;

 

(13) accept gifts, bequests, grants, or other payments public and private to help finance the activities of the department;

 

(14) create such local and statewide advisory committees as will in the commissioner's judgment aid in effectuating the purposes of the Department of Human Rights;

 

(15) develop such programs as will aid in determining the compliance throughout the state with the provisions of this chapter, and in the furtherance of such duties, conduct research and study discriminatory practices based upon race, color, creed, religion, national origin, sex, age, disability, marital status, status with regard to public assistance, familial status, sexual orientation, or other factors and develop accurate data on the nature and extent of discrimination and other matters as they may affect housing, employment, public accommodations, schools, and other areas of public life;

 

(16) develop and disseminate technical assistance to persons subject to the provisions of this chapter, and to agencies and officers of governmental and private agencies;

 

(17) provide staff services to such advisory committees as may be created in aid of the functions of the Department of Human Rights;

 

(18) make grants in aid to the extent that appropriations are made available for that purpose in aid of carrying out duties and responsibilities; and

 

(19) cooperate and consult with the commissioner of labor and industry regarding the investigation of violations of, and resolution of complaints regarding section 363A.08, subdivision 7.; and

 

(20) solicit, receive, and compile information from community organizations, school districts and charter schools, and individuals regarding incidents committed in whole or in substantial part because of the victim's or another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, or because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, and compile data in the aggregate on the nature and extent of the incidents and include summary data as defined by section 13.02, subdivision 19, on this information in the report required under clause (12), disaggregated by the type of incident and the actual or perceived characteristic for which the person was targeted.  The commissioner shall provide information on the department's website about when and how a victim can report criminal conduct to a law enforcement agency.  Data collected and maintained under this clause are private data on individuals as defined in section 13.02, subdivision 12.


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In performing these duties, the commissioner shall give priority to those duties in clauses (8), (9), and (10) and to the duties in section 363A.36.

 

(b) All gifts, bequests, grants, or other payments, public and private, accepted under paragraph (a), clause (13), must be deposited in the state treasury and credited to a special account.  Money in the account is appropriated to the commissioner of human rights to help finance activities of the department.

 

Sec. 4.  Minnesota Statutes 2022, section 484.85, is amended to read:

 

484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.

 

(a) In all cases prosecuted in Ramsey County District Court by an attorney for a municipality or subdivision of government within Ramsey County for violation of a statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and forfeitures collected by the court administrator shall be deposited in the state treasury and distributed according to this paragraph.  Except where a different disposition is provided by section 299D.03, subdivision 5, or other law, on or before the last day of each month, the court shall pay over all fines, penalties, and forfeitures collected by the court administrator during the previous month as follows:

 

(1) for offenses committed within the city of St. Paul, two-thirds paid to the treasurer of the city of St. Paul municipality or subdivision of government within Ramsey County and one-third credited to the state general fund; and.

 

(2) for offenses committed within any other municipality or subdivision of government within Ramsey County, one-half paid to the treasurer of the municipality or subdivision of government and one-half credited to the state general fund.

 

All other fines, penalties, and forfeitures collected by the district court shall be distributed by the courts as provided by law.

 

(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a) when:

 

(1) a city contracts with the county attorney for prosecutorial services under section 484.87, subdivision 3; or

 

(2) the attorney general provides assistance to the city attorney under section 484.87, subdivision 5.

 

Sec. 5.  APPELLATE COUNSEL FOR PARENTS; SUPPORT FOR ESTABLISHMENT.

 

The Management Analysis and Development Division of Management and Budget shall provide technical support for the establishment of the Statewide Office of Appellate Counsel and Training and the State Board of Appellate Counsel and Training established under Minnesota Statutes, section 260C.419.

 

ARTICLE 4

GRANTS MANAGEMENT

 

Section 1.  FINANCIAL REVIEW OF NONPROFIT GRANT RECIPIENTS REQUIRED.

 

Subdivision 1.  Financial review required.  (a) Before awarding a competitive, legislatively named, single source, or sole source grant to a nonprofit organization under this act, the grantor must require the applicant to submit financial information sufficient for the grantor to document and assess the applicant's current financial standing and management.  Items of significant concern must be addressed with the applicant and resolved to the satisfaction of the grantor before a grant is awarded.  The grantor must document the material requested and


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reviewed; whether the applicant had a significant operating deficit, a deficit in unrestricted net assets, or insufficient internal controls; whether and how the applicant resolved the grantor's concerns; and the grantor's final decision.  This documentation must be maintained in the grantor's files.

 

(b) At a minimum, the grantor must require each applicant to provide the following information:

 

(1) the applicant's most recent Form 990, Form 990-EZ, or Form 990-N filed with the Internal Revenue Service.  If the applicant has not been in existence long enough or is not required to file Form 990, Form 990-EZ, or Form 990-N, the applicant must demonstrate to the grantor that the applicant is exempt and must instead submit documentation of internal controls and the applicant's most recent financial statement prepared in accordance with generally accepted accounting principles and approved by the applicant's board of directors or trustees, or if there is no such board, by the applicant's managing group;

 

(2) evidence of registration and good standing with the secretary of state under Minnesota Statutes, chapter 317A, or other applicable law;

 

(3) unless exempt under Minnesota Statutes, section 309.515, evidence of registration and good standing with the attorney general under Minnesota Statutes, chapter 309; and

 

(4) if required under Minnesota Statutes, section 309.53, subdivision 3, the applicant's most recent audited financial statement prepared in accordance with generally accepted accounting principles.

 

Subd. 2.  Authority to postpone or forgo; reporting required.  (a) Notwithstanding any contrary provision in this act, a grantor that identifies an area of significant concern regarding the financial standing or management of a legislatively named applicant may postpone or forgo awarding the grant.

 

(b) No later than 30 days after a grantor exercises the authority provided under paragraph (a), the grantor must report to the chairs and ranking minority members of the legislative committees with jurisdiction over the grantor's operating budget.  The report must identify the legislatively named applicant and the grantor's reason for postponing or forgoing the grant.

 

Subd. 3.  Authority to award subject to additional assistance and oversight.  A grantor that identifies an area of significant concern regarding an applicant's financial standing or management may award a grant to the applicant if the grantor provides or the grantee otherwise obtains additional technical assistance, as needed, and the grantor imposes additional requirements in the grant agreement.  Additional requirements may include but are not limited to enhanced monitoring, additional reporting, or other reasonable requirements imposed by the grantor to protect the interests of the state.

 

Subd. 4.  Relation to other law and policy.  The requirements in this section are in addition to any other requirements imposed by law, the commissioner of administration under Minnesota Statutes, sections 16B.97 to 16B.98, or agency policy.

 

ARTICLE 5

GENERAL CRIMES

 

Section 1.  Minnesota Statutes 2022, 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:


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(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) (h);

 

(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 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 similar to an offense or involving similar circumstances to an offense described in paragraph (a), 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.


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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 August 1, 2023.

 

Sec. 2.  Minnesota Statutes 2022, section 299A.78, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  For purposes of sections 299A.78 to 299A.795, the following definitions apply:

 

(a) "Commissioner" means the commissioner of the Department of Public Safety.

 

(b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations that provide legal, social, or other community services.

 

(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.

 

(d) (c) "Debt bondage" has the meaning given in section 609.281, subdivision 3.

 

(e) (d) "Forced or coerced labor or services" has the meaning given in section 609.281, subdivision 4.

 

(f) (e) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.

 

(g) (f) "Labor trafficking victim" has the meaning given in section 609.281, subdivision 6.

 

(h) (g) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.

 

(i) (h) "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.

 

(j) (i) "Trafficking" includes "labor trafficking" and "sex trafficking."

 

(k) (j) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking victim."

 

EFFECTIVE DATE.  This section is effective August 1, 2023.


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Sec. 3.  Minnesota Statutes 2022, section 299A.79, subdivision 3, is amended to read:

 

Subd. 3.  Public awareness initiative.  The public awareness initiative required in subdivision 1 must address, at a minimum, the following subjects:

 

(1) the risks of becoming a trafficking victim;

 

(2) common recruitment techniques; use of debt bondage, blackmail, forced or coerced labor and or services, prostitution, and other coercive tactics; and risks of assault, criminal sexual conduct, exposure to sexually transmitted diseases, and psychological harm;

 

(3) crime victims' rights; and

 

(4) reporting recruitment activities involved in trafficking.

 

EFFECTIVE DATE.  This section is effective August 1, 2023.

 

Sec. 4.  Minnesota Statutes 2022, section 609.02, subdivision 16, is amended to read:

 

Subd. 16.  Qualified domestic violence-related offense.  "Qualified domestic violence-related offense" includes a violation of or an attempt to violate sections 518B.01, subdivision 14 (violation of domestic abuse order for protection); 609.185 (first-degree murder); 609.19 (second-degree murder); 609.195, paragraph (a) (third-degree murder); 609.20, clauses (1), (2), and (5) (first-degree manslaughter); 609.205, clauses (1) and (5) (second-degree manslaughter); 609.221 (first-degree assault); 609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault by strangulation); 609.25 (kidnapping); 609.255 (false imprisonment); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.3458 (sexual extortion); 609.377 (malicious punishment of a child); 609.582, subdivision 1, clause (c) (burglary in the first degree); 609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining order); 609.749 (harassment or stalking); 609.78, subdivision 2 (interference with an emergency call); 617.261 (nonconsensual dissemination of private sexual images); and 629.75 (violation of domestic abuse no contact order); and similar laws of other states, the United States, the District of Columbia, tribal lands, and United States territories.

 

EFFECTIVE DATE.  This section is effective August 1, 2023.

 

Sec. 5.  Minnesota Statutes 2022, section 609.05, is amended by adding a subdivision to read:

 

Subd. 2a.  Exception.  (a) A person may not be held criminally liable for a violation of section 609.185, paragraph (a), clause (3), committed by another unless the person intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the other with the intent to cause the death of a human being.

 

(b) A person may not be held criminally liable for a violation of section 609.19, subdivision 2, clause (1), committed by another unless the person was a major participant in the underlying felony and acted with extreme indifference to human life.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.


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Sec. 6.  Minnesota Statutes 2022, section 609.2231, subdivision 4, is amended to read:

 

Subd. 4.  Assaults motivated by bias.  (a) Whoever assaults another in whole or in substantial part because of the victim's or another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, age, or national origin or because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

 

(b) Whoever violates the provisions of paragraph (a) within five years of a previous conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day or to payment of a fine of not more than $3,000, or both.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 7.  Minnesota Statutes 2022, section 609.2233, is amended to read:

 

609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED STATUTORY MAXIMUM SENTENCE.

 

A person who violates section 609.221, 609.222, or 609.223 in whole or in substantial part because of the victim's or another person's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, age, or national origin or because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, is subject to a statutory maximum penalty of 25 percent longer than the maximum penalty otherwise applicable.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 8.  Minnesota Statutes 2022, section 609.25, subdivision 2, is amended to read:

 

Subd. 2.  Sentence.  Whoever violates subdivision 1 may be sentenced as follows:

 

(1) if the victim is released in a safe place without great bodily harm, to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both; or

 

(2) if the victim is not released in a safe place, or if the victim suffers great bodily harm during the course of the kidnapping, or if the person kidnapped is under the age of 16, to imprisonment for not more than 40 years or to payment of a fine of not more than $50,000, or both if:

 

(i) the victim is not released in a safe place;

 

(ii) the victim suffers great bodily harm during the course of the kidnapping; or

 

(iii) the person kidnapped is under the age of 16.

 

EFFECTIVE DATE.  This section is effective August 1, 2023.


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Sec. 9.  Minnesota Statutes 2022, section 609.269, is amended to read:

 

609.269 EXCEPTION.

 

Sections 609.2661 to 609.268 do not apply to any act described in section 145.412. a person providing reproductive health care offered, arranged, or furnished:

 

(1) for the purpose of terminating a pregnancy; and

 

(2) with the consent of the pregnant individual or the pregnant individual's representative, except in a medical emergency in which consent cannot be obtained.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 10.  Minnesota Statutes 2022, section 609.281, subdivision 3, is amended to read:

 

Subd. 3.  Debt bondage.  "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of the debtor's personal occurs when a person provides labor or services or those of any kind to pay a real or alleged debt of a the person under the debtor's control as a security for debt or another, if the value of those the labor or services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those the labor or services are not respectively limited and defined.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 11.  Minnesota Statutes 2022, section 609.281, subdivision 4, is amended to read:

 

Subd. 4.  Forced or coerced labor or services.  "Forced or coerced labor or services" means labor or services of any kind that are performed or provided by another person and are obtained or maintained through an actor's:

 

(1) threat, either implicit or explicit, scheme, plan, or pattern, or other action or statement intended to cause a person to believe that, if the person did not perform or provide the labor or services, that person or another person would suffer bodily harm or physical restraint; sexual contact, as defined in section 609.341, subdivision 11, paragraph (b); or bodily, psychological, economic, or reputational harm;

 

(2) physically restraining or threatening to physically restrain sexual contact, as defined in section 609.341, subdivision 11, paragraph (b), with a person;

 

(3) physical restraint of a person;

 

(4) infliction of bodily, psychological, economic, or reputational harm;

 

(3) (5) abuse or threatened abuse of the legal process, including the use or threatened use of a law or legal process, whether administrative, civil, or criminal; or

 

(4) knowingly destroying, concealing, removing, confiscating, or possessing (6) destruction, concealment, removal, confiscation, withholding, or possession of any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person; or.

 

(5) use of blackmail.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.


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Sec. 12.  Minnesota Statutes 2022, section 609.281, subdivision 5, is amended to read:

 

Subd. 5.  Labor trafficking.  "Labor trafficking" means:

 

(1) the recruitment, transportation, transfer, harboring, enticement, provision, obtaining, or receipt of a person by any means, for the purpose in furtherance of:

 

(i) debt bondage or;

 

(ii) forced or coerced labor or services;

 

(ii) (iii) slavery or practices similar to slavery; or

 

(iii) (iv) the removal of organs through the use of coercion or intimidation; or

 

(2) receiving profit or anything of value, knowing or having reason to know it is derived from an act described in clause (1).

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 13.  Minnesota Statutes 2022, section 609.282, subdivision 1, is amended to read:

 

Subdivision 1.  Individuals under age 18 Labor trafficking resulting in death.  Whoever knowingly engages in the labor trafficking of an individual who is under the age of 18 is guilty of a crime and may be sentenced to imprisonment for not more than 20 25 years or to payment of a fine of not more than $40,000, or both if the labor trafficking victim dies and the death arose out of and in the course of the labor trafficking or the labor and services related to the labor trafficking.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 14.  Minnesota Statutes 2022, section 609.282, is amended by adding a subdivision to read:

 

Subd. 1a.  Individuals under age 18; extended period of time; great bodily harm.  Whoever knowingly engages in the labor trafficking of an individual is guilty of a crime and may be sentenced to imprisonment for not more than 20 years or to a payment of a fine of not more than $40,000, or both if any of the following circumstances exist:

 

(1) the labor trafficking victim is under the age of 18;

 

(2) the labor trafficking occurs over an extended period of time; or

 

(3) the labor trafficking victim suffers great bodily harm and the great bodily harm arose out of and in the course of the labor trafficking or the labor and services related to the labor trafficking.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 15.  Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision to read:

 

Subd. 15.  Debt bondage.  "Debt bondage" has the meaning given in section 609.281, subdivision 3.

 

EFFECTIVE DATE.  This section is effective August 1, 2023.


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Sec. 16.  Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision to read:

 

Subd. 16.  Forced or coerced labor or services.  "Forced or coerced labor or services" has the meaning given in section 609.281, subdivision 4.

 

EFFECTIVE DATE.  This section is effective August 1, 2023.

 

Sec. 17.  Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision to read:

 

Subd. 17.  Labor trafficking.  "Labor trafficking" has the meaning given in section 609.281, subdivision 5.

 

EFFECTIVE DATE.  This section is effective August 1, 2023.

 

Sec. 18.  Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision to read:

 

Subd. 18.  Labor trafficking victim.  "Labor trafficking victim" has the meaning given in section 609.281, subdivision 6.

 

EFFECTIVE DATE.  This section is effective August 1, 2023.

 

Sec. 19.  Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision to read:

 

Subd. 19.  Trafficking.  "Trafficking" includes labor trafficking and sex trafficking.

 

EFFECTIVE DATE.  This section is effective August 1, 2023.

 

Sec. 20.  Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision to read:

 

Subd. 20.  Trafficking victim.  "Trafficking victim" includes a labor trafficking victim and a sex trafficking victim.

 

EFFECTIVE DATE.  This section is effective August 1, 2023.

 

Sec. 21.  Minnesota Statutes 2022, 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 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 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;


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(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 or coerced labor or services exceeded 180 days; or

 

(4) the offense involved more than one sex trafficking victim.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 22.  Minnesota Statutes 2022, section 609.52, subdivision 3, is amended to read:

 

Subd. 3.  Sentence.  Whoever commits theft may be sentenced as follows:

 

(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or

 

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

 

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

 

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

 

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

 

(c) the value of the property or services stolen is more than $500 but not more than $1,000 and the person has been convicted within the preceding five years for an offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.522; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or

 

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

 

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

 

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

 

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

 

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

 

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


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

 

(5) in all other cases where the value of the property or services stolen is $500 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3), (4), (13), and (19), the value of the money or property or services received by the defendant in violation of any one or more of the above provisions within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 23.  [609.522] ORGANIZED RETAIL THEFT.

 

Subdivision 1.  Definitions.  (a) As used in this section, the terms in this subdivision have the meanings given.

 

(b) "Article surveillance system" means any electronic device or other security device that is designed to detect or prevent the unauthorized removal of retail merchandise from a retailer.

 

(c) "Retailer" means a person or entity that sells retail merchandise.

 

(d) "Retail merchandise" means all forms of tangible property, without limitation, held out for sale by a retailer.

 

(e) "Value" means the retail market value at the time of the theft or, if the retail market value cannot be ascertained, the cost of replacement of the property within a reasonable time after the theft.

 

Subd. 2.  Organized retail theft.  (a) Whoever steals or fraudulently obtains retail merchandise from a retailer commits organized retail theft and may be sentenced as provided in subdivision 3 if the actor:

 

(1) resells or intends to resell the retail merchandise;

 

(2) advertises or displays any item of the retail merchandise for sale;

 

(3) returns any item of the retail merchandise to a retailer for anything of value; or

 

(4) steals retail merchandise within five years of a conviction under this section.

 

(b) Whoever receives, purchases, or possesses retail merchandise knowing or having reason to know the retail merchandise was stolen from a retailer and with the intent to resell that merchandise may be sentenced as provided in subdivision 3.

 

(c) Whoever possesses any device, gear, or instrument designed to assist in shoplifting or defeating an electronic article surveillance system with intent to use the same to shoplift and thereby commit theft may be sentenced pursuant to subdivision 3, clause (3).

 

Subd. 3.  Sentence.  Whoever commits organized retail theft may be sentenced as follows:

 

(1) to imprisonment for not more than 15 years or to payment of a fine of not more than $35,000, or both, if the value of the property stolen exceeds $5,000;


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(2) to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both, if either of the following circumstances exist:

 

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

 

(ii) the person commits the offense within ten years of the first of two or more convictions under this section;

 

(3) to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both, if either of the following circumstances exist:

 

(i) the value of the property stolen is more than $500 but not more than $1,000; or

 

(ii) the person commits the offense within ten years of a previous conviction under this section; or

 

(4) to imprisonment of not more than one year or to payment of a fine of not more than $3,000, or both, if the value of the property stolen is $500 or less.

 

Subd. 4.  Aggregation.  The value of the retail merchandise received by the defendant in violation of this section within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision, provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.

 

Subd. 5.  Enhanced penalty.  If a violation of this section creates a reasonably foreseeable risk of bodily harm to another, the penalties described in subdivision 3 are enhanced as follows:

 

(1) if the penalty is a gross misdemeanor, the person 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 $5,000, or both; and

 

(2) if the penalty is a felony, the statutory maximum sentence for the offense is 50 percent longer than for the underlying crime.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 24.  Minnesota Statutes 2022, section 609.582, subdivision 3, is amended to read:

 

Subd. 3.  Burglary in the third degree.  (a) Except as otherwise provided in this section, whoever enters a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice, commits burglary in the third degree 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.

 

(b) Whoever enters a building that is open to the public, other than a building identified in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building that is open to the public, other than a building identified in subdivision 2, paragraph (b), and steals while in the building, either directly or as an accomplice, commits burglary in the third degree 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, if:

 

(1) the person enters the building within one year after being told to leave the building and not return; and


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(2) the person has been convicted within the preceding five years for an offense under this section, section 256.98, 268.182, 609.24, 609.245, 609.52, 609.522, 609.53, 609.625, 609.63, 609.631, or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony sentence for the offense or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony sentence.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 25.  Minnesota Statutes 2022, section 609.582, subdivision 4, is amended to read:

 

Subd. 4.  Burglary in the fourth degree.  (a) Whoever enters a building without consent and with intent to commit a misdemeanor other than to steal, or enters a building without consent and commits a misdemeanor other than to steal while in the building, either directly or as an accomplice, commits burglary in the fourth degree and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

 

(b) Whoever enters a building that is open to the public, other than a building identified in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building that is open to the public, other than a building identified in subdivision 2, paragraph (b), and steals while in the building, either directly or as an accomplice, commits burglary in the fourth degree and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the person enters the building within one year after being told to leave the building and not return.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 26.  Minnesota Statutes 2022, section 609.595, subdivision 1a, is amended to read:

 

Subd. 1a.  Criminal damage to property in the second degree.  (a) Whoever intentionally causes damage described in subdivision 2, paragraph (a), because of the property owner's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day or to payment of a fine of not more than $3,000, or both., if the damage:

 

(1) was committed in whole or in substantial part because of the property owner's or another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03;

 

(2) was committed in whole or in substantial part because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03; or

 

(3) was motivated in whole or in substantial part by an intent to intimidate or harm an individual or group of individuals because of actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03.

 

(b) In any prosecution under paragraph (a), the value of property damaged by the defendant in violation of that paragraph within any six-month period may be aggregated and the defendant charged accordingly in applying this section.  When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.


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Sec. 27.  Minnesota Statutes 2022, section 609.595, subdivision 2, is amended to read:

 

Subd. 2.  Criminal damage to property in the third degree.  (a) Except as otherwise provided in subdivision 1a, whoever intentionally causes damage to another person's physical property without the other person's consent may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if:  (1) the damage reduces the value of the property by more than $500 but not more than $1,000 as measured by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle and the defendant knew the vehicle was a public safety motor vehicle.

 

(b) Whoever intentionally causes damage to another person's physical property without the other person's consent because of the property owner's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the damage reduces the value of the property by not more than $500. and:

 

(1) was committed in whole or in substantial part because of the property owner's or another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03;

 

(2) was committed in whole or in substantial part because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03; or

 

(3) was motivated in whole or in substantial part by an intent to intimidate or harm an individual or group of individuals because of actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03.

 

(c) In any prosecution under paragraph (a), clause (1), the value of property damaged by the defendant in violation of that paragraph within any six-month period may be aggregated and the defendant charged accordingly in applying this section.  When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 28.  Minnesota Statutes 2022, section 609.67, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) "Machine gun" means any firearm designed to discharge, or capable of discharging automatically more than once by a single function of the trigger.

 

(b) "Shotgun" means a weapon designed, redesigned, made or remade which is intended to be fired from the shoulder and uses the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

 

(c) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if such weapon as modified has an overall length less than 26 inches.


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(d) "Trigger activator" means:

 

(1) a removable manual or power driven trigger activating device constructed and designed so that, when attached to a firearm, the rate at which the trigger may be pulled increases and the rate of fire of the firearm increases to that of a machine gun; or

 

(2) a device that allows a semiautomatic firearm to shoot more than one shot with a single pull of the trigger or by harnessing the recoil of energy of the semiautomatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger.

 

(e) "Machine gun conversion kit" means any part or combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled, but does not include a spare or replacement part for a machine gun that is possessed lawfully under section 609.67, subdivision 3.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to offenses that occur on or after that date.

 

Sec. 29.  Minnesota Statutes 2022, section 609.67, subdivision 2, is amended to read:

 

Subd. 2.  Acts prohibited.  (a) Except as otherwise provided herein, whoever owns, possesses, or operates a machine gun, or any trigger activator or machine gun conversion kit, or a short-barreled shotgun may be sentenced to imprisonment for not more than five 20 years or to payment of a fine of not more than $10,000 $35,000, or both.

 

(b) Except as otherwise provided herein, whoever owns, possesses, or operates a short-barreled shotgun 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 August 1, 2023, and applies to offenses that occur on or after that date.

 

Sec. 30.  Minnesota Statutes 2022, section 609.746, subdivision 1, is amended to read:

 

Subdivision 1.  Surreptitious intrusion; observation device.  (a) A person is guilty of a gross misdemeanor who:

 

(1) enters upon another's property;

 

(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house or place of dwelling of another; and

 

(3) does so with intent to intrude upon or interfere with the privacy of a member of the household.

 

(b) A person is guilty of a gross misdemeanor who:

 

(1) enters upon another's property;

 

(2) surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events through the window or any other aperture of a house or place of dwelling of another; and

 

(3) does so with intent to intrude upon or interfere with the privacy of a member of the household.


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(c) A person is guilty of a gross misdemeanor who:

 

(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place where a reasonable person would have an expectation of privacy and has exposed or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the clothing covering the immediate area of the intimate parts; and

 

(2) does so with intent to intrude upon or interfere with the privacy of the occupant.

 

(d) A person is guilty of a gross misdemeanor who:

 

(1) surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events through the window or other aperture of a sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place where a reasonable person would have an expectation of privacy and has exposed or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the clothing covering the immediate area of the intimate parts; and

 

(2) does so with intent to intrude upon or interfere with the privacy of the occupant.

 

(e) A person is guilty of a gross misdemeanor who:

 

(1) uses any device for photographing, recording, or broadcasting an image of an individual in a house or place of dwelling; a sleeping room of a hotel as defined in section 327.70, subdivision 3; a tanning booth; a bathroom; a locker room; a changing room; an indoor shower facility; or any place where a reasonable person would have an expectation of privacy; and

 

(2) does so with the intent to photograph, record, or broadcast an image of the individual's intimate parts, as defined in section 609.341, subdivision 5, without the consent of the individual.

 

(f) A person is guilty of a misdemeanor who:

 

(1) surreptitiously installs or uses any device for observing, photographing, recording, or broadcasting an image of an individual's intimate parts, as defined in section 609.341, subdivision 5, or the clothing covering the immediate area of the intimate parts;

 

(2) observes, photographs, or records the image under or around the individual's clothing; and

 

(3) does so with intent to intrude upon or interfere with the privacy of the individual.

 

(e) (g) 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 $5,000, or both, if the person:

 

(1) violates this subdivision paragraph (a), (b), (c), (d), or (e) after a previous conviction under this subdivision or section 609.749; or

 

(2) violates this subdivision paragraph (a), (b), (c), (d), or (e) against a minor under the age of 18, knowing or having reason to know that the minor is present.

 

(f) (h) A person is guilty of a felony and may be sentenced to imprisonment for not more than four years or to payment of a fine of not more than $5,000, or both, if:  (1) the person violates paragraph (b) or, (d), or (e) against a minor victim under the age of 18; (2) the person is more than 36 months older than the minor victim; (3) the person knows or has reason to know that the minor victim is present; and (4) the violation is committed with sexual intent.


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(i) A person is guilty of a gross misdemeanor if the person:

 

(1) violates paragraph (f) after a previous conviction under this subdivision or section 609.749; or

 

(2) violates paragraph (f) against a minor under the age of 18, knowing or having reason to know that the victim is a minor.

 

(j) A person is guilty of a felony if the person violates paragraph (f) after two or more convictions under this subdivision or section 609.749.

 

(g) Paragraphs (k) Paragraph (b) and, (d) do, or (e) does not apply to law enforcement officers or corrections investigators, or to those acting under their direction, while engaged in the performance of their lawful duties.  Paragraphs (c) and, (d), and (e) do not apply to conduct in:  (1) a medical facility; or (2) a commercial establishment if the owner of the establishment has posted conspicuous signs warning that the premises are under surveillance by the owner or the owner's employees.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 31.  Minnesota Statutes 2022, section 609.749, subdivision 3, is amended to read:

 

Subd. 3.  Aggravated violations.  (a) A person who commits any of the following acts is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:

 

(1) commits any offense described in subdivision 2 in whole or in substantial part because of the victim's or another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, age, or national origin or because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03;

 

(2) commits any offense described in subdivision 2 by falsely impersonating another;

 

(3) commits any offense described in subdivision 2 and a dangerous weapon was used in any way in the commission of the offense;

 

(4) commits any offense described in subdivision 2 with intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's performance of official duties in connection with a judicial proceeding; or

 

(5) commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim.

 

(b) A person who commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim, and the act is committed with sexual or aggressive intent, is guilty of a felony and 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.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.


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Sec. 32.  [609.771] USE OF DEEP FAKE TECHNOLOGY TO INFLUENCE AN ELECTION.

 

Subdivision 1.  Definitions.  (a) As used in this section, the following terms have the meanings given.

 

(b) "Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.

 

(c) "Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof:

 

(1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and

 

(2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.

 

(d) "Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.

 

Subd. 2.  Use of deep fake to influence an election; violation.  A person who disseminates a deep fake or enters into a contract or other agreement to disseminate a deep fake is guilty of a crime and may be sentenced as provided in subdivision 3 if the person knows or reasonably should know that the item being disseminated is a deep fake and dissemination:

 

(1) takes place within 90 days before an election;

 

(2) is made without the consent of the depicted individual; and

 

(3) is made with the intent to injure a candidate or influence the result of an election.

 

Subd. 3.  Use of deep fake to influence an election; penalty.  A person convicted of violating subdivision 2 may be sentenced as follows:

 

(1) if the person commits the violation within five years of one or more prior convictions under this section, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both;

 

(2) if the person commits the violation with the intent to cause violence or bodily harm, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both; or

 

(3) in other cases, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.

 

Subd. 4.  Injunctive relief.  A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating this section by:

 

(1) the attorney general;

 

(2) a county attorney or city attorney;

 

(3) the depicted individual; or

 

(4) a candidate for nomination or election to a public office who is injured or likely to be injured by dissemination.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.


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Sec. 33.  [617.262] NONCONSENSUAL DISSEMINATION OF A DEEP FAKE DEPICTING INTIMATE PARTS OR SEXUAL ACTS.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof:

 

(1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and

 

(2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.

 

(c) "Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.

 

(d) "Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.

 

(e) "Harass" means an act that would cause a substantial adverse effect on the safety, security, or privacy of a reasonable person.

 

(f) "Intimate parts" means the genitals, pubic area, or anus of an individual, or if the individual is female, a partially or fully exposed nipple.

 

(g) "Personal information" means any identifier that permits communication or in-person contact with a person, including:

 

(1) a person's first and last name, first initial and last name, first name and last initial, or nickname;

 

(2) a person's home, school, or work address;

 

(3) a person's telephone number, email address, or social media account information; or

 

(4) a person's geolocation data.

 

(h) "Sexual act" means either sexual contact or sexual penetration.

 

(i) "Sexual contact" means the intentional touching of intimate parts or intentional touching with seminal fluid or sperm onto another person's body.

 

(j) "Sexual penetration" means any of the following acts:

 

(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or

 

(2) any intrusion, however slight, into the genital or anal openings of an individual by another's body part or an object used by another for this purpose.

 

(k) "Social media" means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content.


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Subd. 2.  Crime.  It is a crime to intentionally disseminate a deep fake when:

 

(1) the actor knows or reasonably should know that the depicted individual does not consent to the dissemination;

 

(2) the deep fake realistically depicts any of the following:

 

(i) the intimate parts of another individual presented as the intimate parts of the depicted individual;

 

(ii) artificially generated intimate parts presented as the intimate parts of the depicted individual; or

 

(iii) the depicted individual engaging in a sexual act; and

 

(3) the depicted individual is identifiable:

 

(i) from the deep fake itself, by the depicted individual or by another person; or

 

(ii) from the personal information displayed in connection with the deep fake.

 

Subd. 3.  Penalties.  (a) Except as provided in paragraph (b), whoever violates subdivision 2 is guilty of a gross misdemeanor.

 

(b) Whoever violates subdivision 2 may be sentenced to imprisonment for not more than three years or to payment of a fine of $5,000, or both, if one of the following factors is present:

 

(1) the depicted person suffers financial loss due to the dissemination of the deep fake;

 

(2) the actor disseminates the deep fake with intent to profit from the dissemination;

 

(3) the actor maintains an Internet website, online service, online application, or mobile application for the purpose of disseminating the deep fake;

 

(4) the actor posts the deep fake on a website;

 

(5) the actor disseminates the deep fake with intent to harass the depicted person;

 

(6) the actor obtained the deep fake by committing a violation of section 609.52, 609.746, 609.89, or 609.891; or

 

(7) the actor has previously been convicted under this chapter.

 

Subd. 4.  No defense.  It is not a defense to a prosecution under this section that the person consented to the creation or possession of the deep fake.

 

Subd. 5.  Venue.  Notwithstanding anything to the contrary in section 627.01, an offense committed under this section may be prosecuted in:

 

(1) the county where the offense occurred;

 

(2) the county of residence of the actor or victim or in the jurisdiction of the victim's designated address if the victim participates in the address confidentiality program established by chapter 5B; or

 

(3) only if the venue cannot be located in the counties specified under clause (1) or (2), the county where any deep fake is produced, reproduced, found, stored, received, or possessed in violation of this section.


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Subd. 6.  Exemptions.  Subdivision 2 does not apply when:

 

(1) the dissemination is made for the purpose of a criminal investigation or prosecution that is otherwise lawful;

 

(2) the dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct;

 

(3) the dissemination is made in the course of seeking or receiving medical or mental health treatment, and the image is protected from further dissemination;

 

(4) the deep fake was obtained in a commercial setting for the purpose of the legal sale of goods or services, including the creation of artistic products for sale or display, and the depicted individual knew, or should have known, that a deep fake would be created and disseminated;

 

(5) the deep fake relates to a matter of public interest and dissemination serves a lawful public purpose;

 

(6) the dissemination is for legitimate scientific research or educational purposes; or

 

(7) the dissemination is made for legal proceedings and is consistent with common practice in civil proceedings necessary for the proper functioning of the criminal justice system, or protected by court order which prohibits any further dissemination.

 

Subd. 7.  Immunity.  Nothing in this section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:

 

(1) an interactive computer service as defined in United States Code, title 47, section 230, paragraph (f), clause (2);

 

(2) a provider of public mobile services or private radio services; or

 

(3) a telecommunications network or broadband provider.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date.

 

Sec. 34.  Minnesota Statutes 2022, section 628.26, is amended to read:

 

628.26 LIMITATIONS.

 

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

 

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

 

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

 

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

 

(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and 609.3458 may be found or made at any time after the commission of the offense.


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

 

(g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the property or services stolen is more than $35,000, or for violation of section 609.527 where the offense involves eight or more direct victims or the total combined loss to the direct and indirect victims is more than $35,000, shall be found or made and filed in the proper court within five years after the commission of the offense.

 

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

 

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

 

(j) Indictments or complaints for violation of section 609.746 shall be found or made and filed in the proper court within the later of three years after the commission of the offense or three years after the offense was reported to law enforcement authorities.

 

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

 

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

 

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

 

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

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to crimes committed on or after that date and to crimes committed before that date if the limitations period for the crime did not expire before August 1, 2023.

 

Sec. 35.  REPEALER.

 

Minnesota Statutes 2022, sections 609.281, subdivision 2; 609.293, subdivisions 1 and 5; 609.34; and 609.36, are repealed.

 

EFFECTIVE DATE.  This section is effective August 1, 2023.


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ARTICLE 6

PUBLIC SAFETY AND CRIME VICTIMS

 

Section 1.  Minnesota Statutes 2022, section 144.6586, subdivision 2, is amended to read:

 

Subd. 2.  Contents of notice.  The commissioners of health and public safety, in consultation with sexual assault victim advocates and health care professionals, shall develop the notice required by subdivision 1.  The notice must inform the victim, at a minimum, of:

 

(1) the obligation under section 609.35 of the county where the criminal sexual conduct occurred state to pay for the examination performed for the purpose of gathering evidence, that payment is not contingent on the victim reporting the criminal sexual conduct to law enforcement, and that the victim may incur expenses for treatment of injuries;

 

(2) the victim's rights if the crime is reported to law enforcement, including the victim's right to apply for reparations under sections 611A.51 to 611A.68, information on how to apply for reparations, and information on how to obtain an order for protection or a harassment restraining order; and

 

(3) the opportunity under section 611A.27 to obtain status information about an unrestricted sexual assault examination kit, as defined in section 299C.106, subdivision 1, paragraph (h).

 

Sec. 2.  Minnesota Statutes 2022, section 145.4712, is amended to read:

 

145.4712 EMERGENCY CARE TO SEXUAL ASSAULT VICTIMS.

 

Subdivision 1.  Emergency care to female sexual assault victims.  (a) It shall be the standard of care for all hospitals and other health care providers that provide emergency care to, at a minimum:

 

(1) provide each female sexual assault victim with medically and factually accurate and unbiased written and oral information about emergency contraception from the American College of Obstetricians and Gynecologists and distributed to all hospitals by the Department of Health;

 

(2) orally inform each female sexual assault victim of the option of being provided with emergency contraception at the hospital or other health care facility; and

 

(3) immediately provide emergency contraception to each sexual assault victim who requests it provided it is not medically contraindicated and is ordered by a legal prescriber.  Emergency contraception shall be administered in accordance with current medical protocols regarding timing and dosage necessary to complete the treatment.

 

(b) A hospital or health care provider may administer a pregnancy test.  If the pregnancy test is positive, the hospital or health care provider does not have to comply with the provisions in paragraph (a).

 

Subd. 2.  Emergency care to male and female sexual assault victims.  It shall be the standard of care for all hospitals and health care providers that provide emergency care to, at a minimum:

 

(1) provide each sexual assault victim with factually accurate and unbiased written and oral medical information about prophylactic antibiotics for treatment of sexually transmitted diseases infections;

 

(2) orally inform each sexual assault victim of the option of being provided prophylactic antibiotics for treatment of sexually transmitted diseases infections at the hospital or other health care facility; and


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(3) immediately provide prophylactic antibiotics for treatment of sexually transmitted diseases infections to each sexual assault victim who requests it, provided it is not medically contraindicated and is ordered by a legal prescriber.

 

Sec. 3.  [260B.020] OFFICE OF RESTORATIVE PRACTICES.

 

Subdivision 1.  Definition.  As used in this section, "restorative practices" means programs, practices, and policies that incorporate core principles, including but not limited to voluntariness, prioritization of agreement by the people closest to the harm on what is needed to repair the harm, reintegration into the community, honesty, and respect.  Further, restorative practices are rooted in community values and create meaningful outcomes that may include but are not limited to:

 

(1) establishing and meeting goals related to increasing connection to community, restoring relationships, and increasing empathy, perspective taking, and taking responsibility for impact of actions by all parties involved;

 

(2) addressing the needs of those who have been harmed;

 

(3) recognizing and addressing the underlying issues of behavior;

 

(4) engaging with those most directly affected by an incident and including community members that reflect the diversity of the child's environment;

 

(5) having broad authority to determine the complete and appropriate responses to specific incidents through the use of a collaborative process;

 

(6) providing solutions and approaches that affirm and are tailored to specific cultures; and

 

(7) implementing policies and procedures that are informed by the science of the social, emotional, and cognitive development of children.

 

Subd. 2.  Establishment.  The Office of Restorative Practices is established within the Department of Public Safety.  The Office of Restorative Practices shall have the powers and duties described in this section.

 

Subd. 3.  Department of Children, Youth, and Family; automatic transfer.  In the event that a Department of Children, Youth, and Family is created as an independent agency, the Office of Restorative Practices shall be transferred to that department pursuant to section 15.039 effective six months following the effective date for legislation creating that department.

 

Subd. 4.  Director; other staff.  (a) The commissioner of public safety shall appoint a director of the Office of Restorative Practices.  The director should have qualifications that include or are similar to the following:

 

(1) experience in the many facets of restorative justice and practices such as peacemaking circles, sentencing circles, community conferencing, community panels, and family group decision making;

 

(2) experience in victim-centered and trauma-informed practices;

 

(3) knowledge of the range of social problems that bring children and families to points of crisis such as poverty, racism, unemployment, and unequal opportunity;

 

(4) knowledge of the many ways youth become involved in other systems such as truancy, juvenile delinquency, child protection; and


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(5) understanding of educational barriers.

 

(b) The director shall hire additional staff to perform the duties of the Office of Restorative Practices.  The staff shall be in the classified service of the state and their compensation shall be established pursuant to chapter 43A.

 

Subd. 5.  Duties.  (a) The Office of Restorative Practices shall promote the use of restorative practices across multiple disciplines, including but not limited to:

 

(1) pretrial diversion programs established pursuant to section 388.24;

 

(2) delinquency, criminal justice, child welfare, and education systems; and

 

(3) community violence prevention practices.

 

(b) The Office of Restorative Practices shall collaborate with Tribal communities, counties, multicounty agencies, other state agencies, nonprofit agencies, and other jurisdictions, and with existing restorative practices initiatives in those jurisdictions to establish new restorative practices initiatives, support existing restorative practices initiatives, and identify effective restorative practices initiatives.

 

(c) The Office of Restorative Practices shall encourage collaboration between jurisdictions by creating a statewide network, led by restorative practitioners, to share effective methods and practices.

 

(d) The Office of Restorative Practices shall create a statewide directory of restorative practices initiatives.  The office shall make this directory available to all restorative practices initiatives, counties, multicounty agencies, nonprofit agencies, and Tribes in order to facilitate referrals to restorative practices initiatives and programs.

 

(e) The Office of Restorative Practices shall work throughout the state to build capacity for the use of restorative practices in all jurisdictions and shall encourage every county to have at least one available restorative practices initiative.

 

(f) The Office of Restorative Practices shall engage restorative practitioners in discerning ways to measure the effectiveness of restorative efforts throughout the state.

 

(g) The Office of Restorative Practices shall oversee the coordination and establishment of local restorative practices advisory committees.  The office shall oversee compliance with the conditions of this funding program.  If a complaint or concern about a local advisory committee or a grant recipient is received, the Office of Restorative Practices shall exercise oversight as provided in this section.

 

(h) The Office of Restorative Practices shall provide information to local restorative practices advisory committees, or restorative practices initiatives in Tribal communities and governments, counties, multicounty agencies, other state agencies, and other jurisdictions about best practices that are developmentally tailored to youth, trauma-informed, and healing-centered, and provide technical support.  Providing information includes but is not limited to sharing data on successful practices in other jurisdictions, sending notification about available training opportunities, and sharing known resources for financial support.  The Office of Restorative Practices shall also provide training and technical support to local restorative practices advisory committees.  Training includes but is not limited to the use and scope of restorative practices, victim-centered restorative practices, and trauma-informed care.

 

(i) The Office of Restorative Practices shall annually establish minimum requirements for the grant application process.


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(j) The Office of Restorative Practices shall work with Tribes, counties, multicounty agencies, and nonprofit agencies throughout the state to educate those entities about the application process for grants and encourage applications.

 

Subd. 6.  Grants.  (a) Within available appropriations, the director shall award grants to establish and support restorative practices initiatives.  An approved applicant must receive a grant of up to $500,000 each year.

 

(b) On an annual basis, the Office of Restorative Practices shall establish a minimum number of applications that must be received during the application process.  If the minimum number of applications is not received, the office must reopen the application process.

 

(c) Grants may be awarded to private and public nonprofit agencies; local units of government, including cities, counties, and townships; local educational agencies; and Tribal governments.  A restorative practices advisory committee may support multiple entities applying for grants based on community needs, the number of youth and families in the jurisdiction, and the number of restorative practices available to the community.  Budgets supported by grant funds can include contracts with partner agencies.

 

(d) Applications must include the following:

 

(1) a list of willing restorative practices advisory committee members;

 

(2) letters of support from potential restorative practices advisory committee members;

 

(3) a description of the planning process that includes:

 

(i) a description of the origins of the initiative, including how the community provided input; and

 

(ii) an estimated number of participants to be served; and

 

(4) a formal document containing a project description that outlines the proposed goals, activities, and outcomes of the initiative including, at a minimum:

 

(i) a description of how the initiative meets the minimum eligibility requirements of the grant;

 

(ii) the roles and responsibilities of key staff assigned to the initiative;

 

(iii) identification of any key partners, including a summary of the roles and responsibilities of those partners;

 

(iv) a description of how volunteers and other community members are engaged in the initiative; and

 

(v) a plan for evaluation and data collection.

 

(e) In determining the appropriate amount of each grant, the Office of Restorative Practices shall consider the number of individuals likely to be served by the local restorative practices initiative.

 

Subd. 7.  Restorative practices advisory committees; membership and duties.  (a) Restorative practices advisory committees must include:

 

(1) a judge of the judicial district that will be served by the restorative practices initiative;

 

(2) the county attorney of a county that will be served by the restorative practices initiative or a designee;


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(3) the chief district public defender in the district that will be served by the local restorative justice program or a designee;

 

(4) a representative from the children's unit of a county social services agency assigned to the area that will be served by the restorative practices initiative;

 

(5) a representative from the local probation department or community corrections agency that works with youth in the area that will be served by the restorative practices initiative;

 

(6) a representative from a local law enforcement agency that operates in the area that will be served by the restorative practices initiative;

 

(7) a school administrator or designee from a school or schools that operate in the area that will be served by the restorative practices initiative;

 

(8) multiple community members that reflect the racial, socioeconomic, and other diversity of the population of a county that will be served by the local restorative justice program and the individuals most frequently involved in the truancy, juvenile offender, and juvenile safety and placement systems;

 

(9) restorative practitioners, including restorative practitioners from within the community if available and, if not, from nearby communities;

 

(10) parents, youth, and justice-impacted participants; and

 

(11) at least one representative from a victims advocacy group.

 

(b) Community members described in paragraph (a), clause (8), must make up at least one-third of the restorative practices advisory committee.

 

(c) Community members, parents, youth, and justice-impacted participants participating in the advisory committee may receive a per diem from grant funds in the amount determined by the General Services Administration.

 

(d) The restorative practices advisory committees must utilize restorative practices in their decision-making process and come to consensus when developing, expanding, and maintaining restorative practices criteria and referral processes for their communities.

 

(e) Restorative practices advisory committees shall be responsible for establishing eligibility requirements for referrals to the local restorative practices initiative.  Once restorative practices criteria and referral processes are developed, children, families, and cases, depending upon the point of prevention or intervention, must be referred to the local restorative practices initiatives or programs that serve the county, local community, or Tribal community where the child and family reside.

 

(f) Referrals may be made under circumstances, including but not limited to:

 

(1) as an alternative to arrest as outlined in section 260B.1755;

 

(2) for a juvenile petty offense;

 

(3) for a juvenile traffic offense;


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(4) for a juvenile delinquency offense, including before and after a delinquency petition has been filed;

 

(5) for a child protection case, including before and after adjudication;

 

(6) for a children's mental health case;

 

(7) for a juvenile status offense, including but not limited to truancy or running away;

 

(8) for substance use issues;

 

(9) for situations involving transition to or from the community; and

 

(10) through self-referral.

 

Subd. 8.  Oversight of restorative practices advisory committees.  (a) Complaints by restorative practices advisory committee members, community members, restorative practices initiatives, or restorative practices practitioners regarding concerns about grant recipients may be made to the Office of Restorative Practices.

 

(b) The Office of Restorative Practices may prescribe the methods by which complaints to the office are to be made, reviewed, and acted upon.

 

(c) The Office of Restorative Practices shall establish and use a restorative process to respond to complaints so that grant recipients are being held to their agreed upon responsibilities and continue to meet the minimum eligibility requirements for grants to local restorative practices initiatives for the duration of the grant.

 

Subd. 9.  Report.  By February 15 of each year, the director shall report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over public safety, human services, and education, on the work of the Office of Restorative Practices, any grants issued pursuant to this section, and the status of local restorative practices initiatives in the state that were reviewed in the previous year.

 

Sec. 4.  Minnesota Statutes 2022, section 297I.06, subdivision 1, is amended to read:

 

Subdivision 1.  Insurance policies surcharge.  (a) Except as otherwise provided in subdivision 2, each licensed insurer engaged in writing policies of homeowner's insurance authorized in section 60A.06, subdivision 1, clause (1)(c), or commercial fire policies or commercial nonliability policies shall collect a surcharge as provided in this paragraph.  Through June 30, 2013, The surcharge is equal to 0.65 percent of the gross premiums and assessments, less return premiums, on direct business received by the company, or by its agents for it, for homeowner's insurance policies, commercial fire policies, and commercial nonliability insurance policies in this state.  Beginning July 1, 2013, the surcharge is 0.5 percent.

 

(b) The surcharge amount collected under paragraph (a) or subdivision 2, paragraph (b), may not be considered premium for any other purpose.  The surcharge amount under paragraph (a) must be separately stated on either a billing or policy declaration or document containing similar information sent to an insured.

 

(c) Amounts collected by the commissioner under this section must be deposited in the fire safety account established pursuant to subdivision 3.

 

Sec. 5.  Minnesota Statutes 2022, section 299A.38, is amended to read:

 

299A.38 SOFT BODY ARMOR REIMBURSEMENT.

 

Subdivision 1.  Definitions.  As used in this section:

 

(a) (1) "commissioner" means the commissioner of public safety.;


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(2) "firefighter" means a volunteer, paid on-call, part-time, or career firefighter serving a general population within the boundaries of the state;

 

(b) (3) "peace officer" means a person who is licensed under section 626.84, subdivision 1, paragraph (c).;

 

(4) "public safety officer" means a firefighter or qualified emergency medical service provider;

 

(5) "qualified emergency medical service provider" means a person certified under section 144E.101 who is actively employed by a Minnesota licensed ambulance service; and

 

(c) (6) "vest" means bullet-resistant soft body armor that is flexible, concealable, and custom fitted to the peace officer to provide ballistic and trauma protection.

 

Subd. 2.  State and local reimbursement.  Peace officers and heads of local law enforcement agencies and public safety officers and heads of agencies and entities who buy vests for the use of peace officer employees, public safety officer employees, or both may apply to the commissioner for reimbursement of funds spent to buy vests.  On approving an application for reimbursement, the commissioner shall pay the applicant an amount equal to the lesser of one-half of the vest's purchase price or $600, as adjusted according to subdivision 2a.  The political subdivision, agency, or entity that employs the peace officer or public safety officer shall pay at least the lesser of one-half of the vest's purchase price or $600, as adjusted according to subdivision 2a.  The political subdivision, agency, or entity may not deduct or pay its share of the vest's cost from any clothing, maintenance, or similar allowance otherwise provided to the peace officer by the law enforcement agency or public safety officer by the employing agency or entity.

 

Subd. 2a.  Adjustment of reimbursement amount.  On October 1, 2006, the commissioner of public safety shall adjust the $600 reimbursement amounts specified in subdivision 2, and in each subsequent year, on October 1, the commissioner shall adjust the reimbursement amount applicable immediately preceding that October 1 date.  The adjusted rate must reflect the annual percentage change in the Consumer Price Index for all urban consumers, published by the federal Bureau of Labor Statistics, occurring in the one-year period ending on the preceding June 1.

 

Subd. 3.  Eligibility requirements.  (a) Only vests that either meet or exceed the requirements of standard 0101.03 of the National Institute of Justice or that meet or exceed the requirements of that standard, except wet armor conditioning, are eligible for reimbursement.

 

(b) Eligibility for reimbursement is limited to vests bought after December 31, 1986, by or for peace officers (1) who did not own a vest meeting the requirements of paragraph (a) before the purchase, or (2) who owned a vest that was at least five years old.

 

(c) The requirement set forth in paragraph (b), clauses (1) and (2), shall not apply to any peace officer who purchases a vest constructed from a zylon-based material, provided that the peace officer provides proof of purchase or possession of the vest prior to July 1, 2005.

 

Subd. 4.  Rules.  The commissioner may adopt rules under chapter 14 to administer this section.

 

Subd. 5.  Limitation of liability.  A state agency, political subdivision of the state, or state or local government employee, or other entity that provides reimbursement for purchase of a vest under this section is not liable to a peace officer or the peace officer's heirs or a public safety officer or the public safety officer's heirs for negligence in the death of or injury to the peace officer because the vest was defective or deficient.

 

Subd. 6.  Right to benefits unaffected.  A peace officer or public safety officer who is reimbursed for the purchase of a vest under this section and who suffers injury or death because the officer failed to wear the vest, or because the officer wore a vest that was defective or deficient, may not lose or be denied a benefit or right, including a benefit under section 299A.44, to which the officer, or the officer's heirs, is otherwise entitled.


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Sec. 6.  Minnesota Statutes 2022, section 299A.41, subdivision 3, is amended to read:

 

Subd. 3.  Killed in the line of duty.  "Killed in the line of duty" does not include deaths from natural causes, except as provided in this subdivision.  In the case of a public safety officer, killed in the line of duty includes the death of a public safety officer caused by accidental means while the public safety officer is acting in the course and scope of duties as a public safety officer.  Killed in the line of duty also means if a public safety officer dies as the direct and proximate result of a heart attack, stroke, or vascular rupture, that officer shall be presumed to have died as the direct and proximate result of a personal injury sustained in the line of duty if:

 

(1) that officer, while on duty:

 

(i) engaged in a situation, and that engagement involved nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity; or

 

(ii) participated in a training exercise, and that participation involved nonroutine stressful or strenuous physical activity;

 

(2) that officer died as a result of a heart attack, stroke, or vascular rupture suffered:

 

(i) while engaging or participating under clause (1);

 

(ii) while still on duty after engaging or participating under clause (1); or

 

(iii) not later than 24 hours after engaging or participating under clause (1); and

 

(3) that officer died due to suicide secondary to a diagnosis of posttraumatic stress disorder as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association;

 

(4) within 45 days of the end of exposure, while on duty, to a traumatic event.  As used in this section, "traumatic event" means an officer exposed to an event that is:

 

(i) a homicide, suicide, or the violent or gruesome death of another individual, including but not limited to a death resulting from a mass casualty event, mass fatality event, or mass shooting;

 

(ii) a harrowing circumstance posing an extraordinary and significant danger or threat to the life of or of serious bodily harm to any individual, including but not limited to a death resulting from a mass casualty event, mass fatality event, or mass shooting; or

 

(iii) an act of criminal sexual violence committed against any individual; and

 

(3) (5) the presumption is not overcome by competent medical evidence to the contrary.

 

Sec. 7.  Minnesota Statutes 2022, section 299A.85, subdivision 6, is amended to read:

 

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 Two-Spirit relatives in Minnesota, including names, dates of disappearance, and dates of death, to the extent the data is publicly available.  The report must also identify and describe the work of any reward advisory group and itemize the expenditures of the Gaagige‑Mikwendaagoziwag reward account, if any.  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.


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Sec. 8.  [299A.90] OFFICE FOR MISSING AND MURDERED BLACK WOMEN AND GIRLS.

 

Subdivision 1.  Establishment.  The commissioner shall establish and maintain an office dedicated to preventing and ending the targeting of Black women and girls within the Minnesota Office of Justice Programs.

 

Subd. 2.  Director; staff.  (a) The commissioner must appoint a director who is a person closely connected to the Black community and who is highly knowledgeable about criminal investigations.  The commissioner is encouraged to consider candidates for appointment who are recommended by members of the Black community.

 

(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. 3.  Duties.  (a) The office has the following duties:

 

(1) advocate in the legislature for legislation that will facilitate the accomplishment of mandates identified in the report of the Task Force on Missing and Murdered African American Women;

 

(2) advocate for state agencies to take actions to facilitate the accomplishment of mandates identified in the report of the Task Force on Missing and Murdered African American Women;

 

(3) develop recommendations for legislative and agency actions to address injustice in the criminal justice system's response to cases of missing and murdered Black women and girls;

 

(4) facilitate research to refine the mandates in the report of the Task Force on Missing and Murdered African American Women and to assess the potential efficacy, feasibility, and impact of the recommendations;

 

(5) collect data on missing person and homicide cases involving Black women and girls, including the total number of cases, the rate at which the cases are solved, the length of time the cases remain open, and a comparison to similar cases involving different demographic groups;

 

(6) collect data on Amber Alerts, including the total number of Amber Alerts issued, the total number of Amber Alerts that involve Black girls, and the outcome of cases involving Amber Alerts disaggregated by the child's race and sex;

 

(7) collect data on reports of missing Black girls, including the number classified as voluntary runaways, and a comparison to similar cases involving different demographic groups;

 

(8) analyze and assess the intersection between cases involving missing and murdered Black women and girls and labor trafficking and sex trafficking;

 

(9) develop recommendations for legislative, agency, and community actions to address the intersection between cases involving missing and murdered Black women and girls and labor trafficking and sex trafficking;

 

(10) analyze and assess the intersection between cases involving murdered Black women and girls and domestic violence, including prior instances of domestic violence within the family or relationship, whether an offender had prior convictions for domestic assault or related offenses, and whether the offender used a firearm in the murder or any prior instances of domestic assault;


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(11) develop recommendations for legislative, agency, and community actions to address the intersection between cases involving murdered Black women and girls and domestic violence;

 

(12) develop tools and processes to evaluate the implementation and impact of the efforts of the office;

 

(13) track and collect Minnesota data on missing and murdered Black women and girls, and provide statistics upon public or legislative inquiry;

 

(14) facilitate technical assistance for local and Tribal law enforcement agencies during active cases involving missing and murdered Black women and girls;

 

(15) conduct case reviews and report on the results of case reviews for the following types of cases involving missing and murdered Black women and girls:  cold cases for missing Black women and girls and death investigation review for cases of Black women and girls ruled as suicide or overdose under suspicious circumstances;

 

(16) conduct case reviews of the prosecution and sentencing for cases where a perpetrator committed a violent or exploitative crime against a Black woman or girl.  These case reviews must identify those cases where the perpetrator is a repeat offender;

 

(17) prepare draft legislation as necessary to allow the office access to the data necessary for the office to conduct the reviews required in this section and advocate for passage of that legislation;

 

(18) review sentencing guidelines for crimes related to missing and murdered Black women and girls, recommend changes if needed, and advocate for consistent implementation of the guidelines across Minnesota courts;

 

(19) develop and maintain communication with relevant divisions in the Department of Public Safety, including but not limited to the Bureau of Criminal Apprehension, regarding any cases involving missing and murdered Black women and girls and on procedures for investigating cases involving missing and murdered Black women and girls;

 

(20) consult with the Council for Minnesotans of African Heritage established in section 15.0145; and

 

(21) coordinate, as relevant, with federal efforts, and efforts in neighboring states and Canada.

 

(b) As used in this subdivision:

 

(1) "labor trafficking" has the meaning given in section 609.281, subdivision 5; and

 

(2) "sex trafficking" has the meaning given in section 609.321, subdivision 7a.

 

Subd. 4.  Coordination with other organizations.  In fulfilling its duties, the office may coordinate, as useful, with stakeholder groups that were represented on the Task Force on Missing and Murdered African American Women and state agencies that are responsible for the systems that play a role in investigating, prosecuting, and adjudicating cases involving violence committed against Black women and girls; those who have a role in supporting or advocating for missing or murdered Black women and girls and the people who seek justice for them; and those who represent the interests of Black 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; service providers who offer legal services, advocacy, and other services to Black women and girls; Black women and girls who are survivors; and organizations and leadership from urban and statewide Black communities.


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Subd. 5.  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 Black women and girls 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. 6.  Acceptance of gifts and receipt of grants.  (a) A missing and murdered Black women and girls account is established in the special revenue fund.  Money in the account, including interest earned, is appropriated to the office for the purposes of carrying out the office's duties, including but not limited to issuing grants to community-based organizations.

 

(b) Notwithstanding sections 16A.013 to 16A.016, the office may accept funds contributed by individuals and may apply for and receive grants from public and private entities.  The funds accepted or received under this subdivision must be deposited in the missing and murdered Black women and girls account created under paragraph (a).

 

Subd. 7.  Grants to organizations.  (a) The office shall issue grants to community-based organizations that provide services designed to prevent or end the targeting of Black women or girls, or to provide assistance to victims of offenses that targeted Black women or girls.

 

(b) Grant recipients must use money to:

 

(1) provide services designed to reduce or prevent crimes or other negative behaviors that target Black women or girls;

 

(2) provide training to the community about how to handle situations and crimes involving the targeting of Black women and girls, including but not limited to training for law enforcement officers, county attorneys, city attorneys, judges, and other criminal justice partners; or

 

(3) provide services to Black women and girls who are victims of crimes or other offenses, or to the family members of missing and murdered Black women and girls.

 

(c) Applicants must apply in a form and manner established by the office.

 

(d) Grant recipients must provide an annual report to the office that includes:

 

(1) the services provided by the grant recipient;

 

(2) the number of individuals served in the previous year; and

 

(3) any other information required by the office.

 

(e) On or before February 1 of each year, the office shall report to the legislative committees and divisions with jurisdiction over public safety on the work of grant recipients, including a description of the number of entities awarded grants, the amount of those grants, and the number of individuals served by the grantees.

 

(f) The office may enter into agreements with the Office of Justice Programs for the administration of grants issued under this subdivision.

 

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.


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Sec. 9.  [299C.055] LEGISLATIVE REPORT ON FUSION CENTER ACTIVITIES.

 

(a) The superintendent must prepare an annual report for the public and the legislature on the Minnesota Fusion Center (MNFC) that includes general information about the MNFC; the types of activities it monitors; the scale of information it collects; the local, state, and federal agencies with which it shares information; and the quantifiable benefits it produces.  None of the reporting requirements in this section supersede chapter 13 or any other state or federal law.  The superintendent must report on activities for the preceding calendar year unless another time period is specified.  The report must include the following information, to the extent allowed by other law:

 

(1) the MNFC's operating budget for the current biennium, number of staff, and staff duties;

 

(2) the number of publications generated and an overview of the type of information provided in the publications, including products such as law enforcement briefs, partner briefs, risk assessments, threat assessments, and operational reports;

 

(3) a summary of audit findings for the MNFC and what corrective actions were taken pursuant to audits;

 

(4) the number of data requests received by the MNFC and a general description of those requests;

 

(5) the types of surveillance and data analysis technologies utilized by the MNFC, such as artificial intelligence or social media analysis tools;

 

(6) a description of the commercial and governmental databases utilized by the MNFC to the extent permitted by law;

 

(7) the number of suspicious activity reports (SARs) received and processed by the MNFC;

 

(8) the number of SARs received and processed by the MNFC that were converted into Bureau of Criminal Apprehension case files, that were referred to the Federal Bureau of Investigation, or that were referred to local law enforcement agencies;

 

(9) the number of SARs received and processed by the MNFC that involve an individual on the Terrorist Screening Center watchlist;

 

(10) the number of requests for information (RFIs) that the MNFC received from law enforcement agencies and the number of responses to federal requests for RFIs;

 

(11) the names of the federal agencies the MNFC received data from or shared data with;

 

(12) the names of the agencies that submitted SARs;

 

(13) a summary description of the MNFC's activities with the Joint Terrorism Task Force; and

 

(14) the number of investigations aided by the MNFC's use of SARs and RFIs.

 

(b) The report shall be provided to the chairs and ranking minority members of the committees of the house of representatives and senate with jurisdiction over data practices and public safety issues, and shall be posted on the MNFC website by February 15 each year beginning on February 15, 2024.

 

Sec. 10.  [299C.061] STATE FRAUD UNIT.

 

Subdivision 1.  Definitions.  As used in this section, the following terms have the meanings provided:

 

(1) "fraud" includes any violation of sections 609.466, 609.611, 609.651, 609.7475, or 609.821;


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(2) "peace officer" has the meaning given in section 626.84, subdivision 1, paragraph (c);

 

(3) "state agency" has the meaning given in section 13.02, subdivision 17;

 

(4) "superintendent" means the superintendent of the Bureau of Criminal Apprehension; and

 

(5) "unit" means the State Fraud Unit housed at the Bureau of Criminal Apprehension.

 

Subd. 2.  State Fraud Unit.  The superintendent shall form a State Fraud Unit within the Bureau of Criminal Apprehension to conduct investigations into fraud involving state-funded programs or services subject to availability of funds.

 

Subd. 3.  Mandatory referral; duty to investigate.  A state agency shall refer all suspected fraudulent activity under the provisions noted within subdivision 1, clause (1), equaling $100,000 or more, to the unit for evaluation and investigation or appropriate referral.  Upon receipt of this referral, the unit shall review and, where appropriate, conduct criminal investigations into such allegations.  The unit has sole discretion as to which allegations are investigated further, referred back to the reporting agency for appropriate regulatory investigation, or referred to another law enforcement agency with appropriate jurisdiction.

 

Subd. 4.  Discretionary referral.  (a) A state agency may refer suspected fraudulent activity related to any state‑funded programs or services equaling less than $100,000 to the unit for investigation.  Upon referral, the unit shall:

 

(1) accept the referral and, where appropriate, conduct criminal investigations into the allegations and make appropriate referrals for criminal prosecution; or

 

(2) redirect the referral to another appropriate law enforcement agency or civil investigative authority, offering assistance where appropriate.

 

Subd. 5.  State agency reporting.  By January 15 of each year, each state agency must report all suspected fraudulent activities equaling $10,000 or more to the unit to be summarized in the report under subdivision 6.

 

Subd. 6.  State Fraud Unit annual report.  By February 1 of each odd-numbered year, the superintendent shall report to the commissioner, the governor, and the chairs and ranking minority members of the legislative committees with jurisdiction over public safety finance and policy the following information about the unit:

 

(1) the number of investigations initiated;

 

(2) the number of allegations investigated;

 

(3) the outcomes or current status of each investigation;

 

(4) the charging decisions made by the prosecuting authority of incidents investigated by the unit;

 

(5) the number of plea agreements reached in incidents investigated by the unit;

 

(6) the number of reports received under subdivision 5; and

 

(7) any other information relevant to the unit's mission.

 

EFFECTIVE DATE.  Subdivisions 1, 3, 5, and 6 are effective July 1, 2023.  Subdivisions 3 and 4 are effective January 1, 2024.


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Sec. 11.  Minnesota Statutes 2022, section 299C.106, subdivision 3, is amended to read:

 

Subd. 3.  Submission and storage of sexual assault examination kits.  (a) Within 60 days of receiving an unrestricted sexual assault examination kit, a law enforcement agency shall submit the kit for testing to a forensic laboratory.  The testing laboratory shall return unrestricted sexual assault examination kits to the submitting agency for storage after testing is complete.  The submitting agency must store unrestricted sexual assault examination kits indefinitely.

 

(b) Within 60 days of a hospital preparing a restricted sexual assault examination kit or a law enforcement agency receiving a restricted sexual assault examination kit from a hospital, the hospital or the agency shall submit the kit to the Bureau of Criminal Apprehension a forensic laboratory.  The bureau laboratory shall store all restricted sexual assault examination kits collected by hospitals or law enforcement agencies in the state.  The bureau laboratory shall retain a restricted sexual assault examination kit for at least 30 months from the date the bureau laboratory receives the kit.

 

(c) The receiving forensic laboratory must test the sexual assault examination kit within 90 days of receipt from a hospital or law enforcement agency.  Upon completion of testing, the forensic laboratory will update the kit‑tracking database to indicate that testing is complete.  The forensic laboratory must notify the submitting agency when any kit testing does not meet the 90-day deadline and provide an estimated time frame for testing completion.

 

Sec. 12.  Minnesota Statutes 2022, section 299C.53, subdivision 3, is amended to read:

 

Subd. 3.  Missing and endangered persons.  The Bureau of Criminal Apprehension must operate a missing person alert program.  If the Bureau of Criminal Apprehension receives a report from a law enforcement agency indicating that a person is missing and endangered, the superintendent must originate an alert.  The superintendent may assist the law enforcement agency in conducting the preliminary investigation, offer resources, and assist the agency in helping implement the investigation policy with particular attention to the need for immediate action.  The law enforcement agency shall promptly notify all appropriate law enforcement agencies in the state and is required to issue a missing person alert utilizing the Crime Alert Network as prescribed in section 299A.61 and, if deemed appropriate, law enforcement agencies in adjacent states or jurisdictions of any information that may aid in the prompt location and safe return of a missing and endangered person.  The superintendent shall provide guidance on issuing alerts using this system and provide the system for law enforcement agencies to issue these alerts.  The Bureau of Criminal Apprehension may provide assistance to agencies in issuing missing person alerts as required by this section.

 

Sec. 13.  Minnesota Statutes 2022, section 299F.46, subdivision 1, is amended to read:

 

Subdivision 1.  Hotel inspection.  (a) It shall be the duty of the commissioner of public safety to inspect, or cause to be inspected, at least once every three years, every hotel in this state; and, for that purpose, the commissioner, or the commissioner's deputies or designated alternates or agents, shall have the right to enter or have access thereto at any reasonable hour; and, when, upon such inspection, it shall be found that the hotel so inspected does not conform to or is not being operated in accordance with the provisions of sections 157.011 and 157.15 to 157.22, in so far as the same relate to fire prevention or fire protection of hotels, or the rules promulgated thereunder, or is being maintained or operated in such manner as to violate the Minnesota State Fire Code promulgated pursuant to section 326B.02, subdivision 6, 299F.51, or any other law of this state relating to fire prevention and fire protection of hotels, the commissioner and the deputies or designated alternates or agents shall report such a situation to the hotel inspector who shall proceed as provided for in chapter 157.

 

(b) The word "hotel", as used in this subdivision, has the meaning given in section 299F.391.


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Sec. 14.  Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision to read:

 

Subd. 11.  Hotel.  "Hotel" means any building, or portion thereof, containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.

 

Sec. 15.  Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision to read:

 

Subd. 12.  Lodging house.  "Lodging house" means any building, or portion thereof, containing not more than five guest rooms which are used or are intended to be used for sleeping purposes by guests and where rent is paid in money, goods, labor, or otherwise.

 

Sec. 16.  Minnesota Statutes 2022, section 299F.51, subdivision 1, is amended to read:

 

Subdivision 1.  Generally.  (a) Every single family single-family dwelling and every dwelling unit in a multifamily dwelling must have an approved and operational carbon monoxide alarm installed within ten feet of each room lawfully used for sleeping purposes.

 

(b) Every guest room in a hotel or lodging house must have an approved and operational carbon monoxide alarm installed in each room lawfully used for sleeping purposes.

 

Sec. 17.  Minnesota Statutes 2022, section 299F.51, subdivision 2, is amended to read:

 

Subd. 2.  Owner's duties.  (a) The owner of a multifamily dwelling unit which is required to be equipped with one or more approved carbon monoxide alarms must:

 

(1) provide and install one approved and operational carbon monoxide alarm within ten feet of each room lawfully used for sleeping; and

 

(2) replace any required carbon monoxide alarm that has been stolen, removed, found missing, or rendered inoperable during a prior occupancy of the dwelling unit and which has not been replaced by the prior occupant prior to the commencement of a new occupancy of a dwelling unit.

 

(b) The owner of a hotel or lodging house that is required to be equipped with one or more approved carbon monoxide alarms must:

 

(1) provide and install one approved and operational carbon monoxide alarm in each room lawfully used for sleeping; and

 

(2) replace any required carbon monoxide alarm that has been stolen, removed, found missing, or rendered inoperable during a prior occupancy and that has not been replaced by the prior occupant prior to the commencement of a new occupancy of a hotel guest room or lodging house.

 

Sec. 18.  Minnesota Statutes 2022, section 299F.51, subdivision 5, is amended to read:

 

Subd. 5.  Exceptions; certain multifamily dwellings and state-operated facilities.  (a) In lieu of requirements of subdivision 1, multifamily dwellings may have approved and operational carbon monoxide alarms detectors installed between 15 and 25 feet of carbon monoxide-producing central fixtures and equipment, provided there is a centralized alarm system or other mechanism for responsible parties to hear the alarm at all times.


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(b) An owner of a multifamily dwelling that contains minimal or no sources of carbon monoxide may be exempted from the requirements of subdivision 1, provided that such owner certifies to the commissioner of public safety that such multifamily dwelling poses no foreseeable carbon monoxide risk to the health and safety of the dwelling units.

 

(c) The requirements of this section do not apply to facilities owned or operated by the state of Minnesota.

 

Sec. 19.  Minnesota Statutes 2022, section 299F.51, is amended by adding a subdivision to read:

 

Subd. 6.  Safety warning.  A first violation of this section shall not result in a penalty, but is punishable by a safety warning.  A second or subsequent violation is a petty misdemeanor.

 

Sec. 20.  Minnesota Statutes 2022, section 299M.10, is amended to read:

 

299M.10 MONEY CREDITED TO GENERAL FUND.

 

The fees and penalties collected under this chapter, except as provided in section 299M.07, must be deposited in the state treasury and credited to the general fund.  Money received by the State Fire Marshal Division in the form of gifts, grants, reimbursements, or appropriation from any source for the administration of this chapter must also be deposited in the state treasury and credited to the general fund. state fire marshal account, which is established in the special revenue fund.  Money in the state fire marshal account is annually appropriated to the commissioner of public safety to administer the programs under this chapter.

 

Sec. 21.  Minnesota Statutes 2022, section 326.32, subdivision 10, is amended to read:

 

Subd. 10.  License holder.  "License holder" means any individual, partnership as defined in section 323A.0101, clause (8), or corporation licensed to perform the duties of a private detective or a protective agent.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 22.  [604.32] CAUSE OF ACTION FOR NONCONSENSUAL DISSEMINATION OF A DEEP FAKE DEPICTING INTIMATE PARTS OR SEXUAL ACTS.

 

Subdivision 1.  Definitions.  (a) As used in this section, the following terms have the meanings given.

 

(b) "Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof:

 

(1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and

 

(2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.

 

(c) "Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.

 

(d) "Intimate parts" means the genitals, pubic area, partially or fully exposed nipple, or anus of an individual.

 

(e) "Personal information" means any identifier that permits communication or in-person contact with a person, including:

 

(1) a person's first and last name, first initial and last name, first name and last initial, or nickname;


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(2) a person's home, school, or work address;

 

(3) a person's telephone number, email address, or social media account information; or

 

(4) a person's geolocation data.

 

(f) "Sexual act" means either sexual contact or sexual penetration.

 

(g) "Sexual contact" means the intentional touching of intimate parts or intentional touching with seminal fluid or sperm onto another person's body.

 

(h) "Sexual penetration" means any of the following acts:

 

(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or

 

(2) any intrusion, however slight, into the genital or anal openings of an individual by another's body part or an object used by another for this purpose.

 

Subd. 2.  Nonconsensual dissemination of a deep fake.  (a) A cause of action against a person for the nonconsensual dissemination of a deep fake exists when:

 

(1) a person disseminated a deep fake without the consent of the depicted individual;

 

(2) the deep fake realistically depicts any of the following: