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Public Safety and Criminal Justice Reform Finance and Policy Division

FORTIETH MEETING

2019-2020 Regular Session - Wednesday, March 4, 2020

STATE OF MINNESOTA FORTIETH MEETING
HOUSE OF REPRESENTATIVES NINETY-FIRST SESSION

PUBLIC SAFETY AND CRIMINAL JUSTICE REFORM FINANCE AND POLICY DIVISION

MINUTES

Representative Mariani, Chair of the Public Safety and Criminal Justice Reform Finance and Policy Division, called the meeting to order at 12:51 P.M. on March 4th, 2020, in room 120 of the State Capitol Building. A quorum was present.

The Committee Legislative Assistant noted the roll.

Members present:
MARIANI, Carlos, (Chair)
EDELSON, Heather (Vice-Chair)
JOHNSON, Brian (Minority Lead)
CHRISTENSEN, Shelly
CONSIDINE, Jack
DEHN, Raymond
HOWARD, Michael
LESCH, John
LONG, Jamie
LUCERO, Eric
MILLER, Tim
MOLLER, Kelly
NASH, Jim
NOVOTNY, Paul
PINTO, Dave
POSTON, John

Members excused:
O’NEILL, Marion

Vice-Chair Edelson moved to approve the minutes for the March 3rd, 2020 meeting. THE MOTION PREVAILED AND THE MINUTES WERE ADOPTED.

Informational Presentation on the Attorney General and Department of Public Safety Police-Involved Deadly Force Encounters Working Group Report.

Testifiers:
John Harrington, Commissioner for the Minnesota Department of Public Safety
Michelle Gross, President for the Communities United Against Police Brutality
Teshara Garaway
Matilda Smith
Monique Cullars-Doty

The meeting recessed at 2:24 P.M.

The meeting reconvened at 6:09 P.M.

Vice-Chair Edelson assumed the gavel at 6:12 P.M.

Informational hearing on HF3975:

HF 3975 (Mariani) Post-conviction relief time limit modified for when a court may hear a petition.

Chair Mariani presented HF3975.


Testifiers in regards to HF3975:
Ka Ying Yang, Director of Programs from the Coalition of Asian American Leaders
Pang Vang
Maddie Sheehy
Jorge Saavedra, Assistant Ramsey County Attorney

Chair Mariani assumed the gavel at 7:10 P.M.

HF 3976 (Dehn) Aiding and abetting felony murder sentencing task force established, and report required.

Representative Dehn presented HF3976.

Testifiers in regards to HF3976:
Krystal Shelton
Toni Cater
Perry Moriearty

Representative Dehn moved to re-refer HF3976 to the Government Operations Committee. THE MOTION PREVAILED.

Vice-Chair Edelson assumed the gavel at 7:21 P.M

HF 2709 (Mariani) Peace officer training reimbursement funding provided, and money appropriated.

Chair Mariani presented HF2709.

Testifiers in regards to HF2709:
Kevin Torgerson, Sherriff at the Olmsted County Sheriffs’ Office
Robert Small, Executive Director for the Minnesota County Attorneys Association
Erik Misselt, Interim Executive Director for the MN Board of Peace Officer Standards and Training

Chair Mariani moved to amend HF2709 with the A20-0679 Amendment. THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Representative Nash requested that HF2709 be laid on the table and requested a roll call vote.

AYES:
JOHNSON, Brian (Minority Lead)
LUCERO, Eric
MILLER, Tim
NASH, Jim
NOVOTNY, Paul

NAYS:
MARIANI, Carlos, (Chair)
EDELSON, Heather (Vice-Chair)
DEHN, Raymond
HOWARD, Michael
LESCH, John
LONG, Jamie
MOLLER, Kelly
PINTO, Dave

ABSENT/ EXCUSED:
CHRISTENSEN, Shelly
CONSIDINE, Jack
POSTON, John
O’NEILL, Marion

WITH 5 AYES, 8 NAYS, and 4 ABSENT/EXCUSED, THE MOTION DID NOT PREVAIL.

Chair Mariani moved to re-refer HF2709, as amended, to the Judiciary and Civil Law Division. THE MOTION PREVAILED.

Chair Mariani assumed the gavel at 8:28 P.M.

HF 3837 (Hornstein) Crimes motivated by bias reporting expanded, property damage crime motivated by bias amended, Peace Officer Standards and Training Board bias training required, law enforcement agencies adoption of standard policies regarding crimes motivated by bias required, and money appropriated.

Representative Hornstein presented HF3837.

Testifiers in regards to HF3837:
Mohamud Noor, State Representative
Dan Pleekkenpol, Executive Director for the Jewish Community Relations Council
Kelly McCarthy, Chief of Police for the Mendota Heights Police Department
John Keller, Chief Deputy Attorney General
Rebeca Lucero, Commissioner for the MN Department of Human Rights
Muna Aden
Grace Stillman

Chair Mariani moved to re-refer HF3837 to the Judiciary and Civil Law Division. THE MOTION PREVAILED.

HF 3730 (Long) Coroner or medical examiner given access to criminal justice data communications network for unknown deceased person identification.

Representative Long presented HF3730.

Testifiers in regards to HF3730:
Shawn Wilson, Hennepin County Medical Examiner’s Office

Representative Long moved to re-refer HF3730 to the Judiciary and Civil Law Division. THE MOTION PREVAILED.

HF 3771 (Nornes) Controlled substance administering without a prescription crime created, and bill of rights for protected persons violation crime created.

Representative Nornes presented HF3771.

Testifiers in regards to HF3771:
Joyce Lacy

Chair Mariani laid HF3771 over for possible inclusion in an omnibus bill.

HF 3108 (Edelson) Immunity from prosecution for controlled substance and alcohol violations provided for sexual assault victim and persons assisting the victim.

Representative Edelson presented HF3108.

Testifiers in regards to HF3108:
Gurtaran Johal
Margaux Granath
Sam Parmekar

Representative Johnson moved to adopt the following oral amendment “Page 2, line 28, delete “2019” and insert “”2020””. THE MOTION PREVAILED AND THE AMENDNEMNT WAS ADOPTED.

Representative Edelson moved to re-refer HF3108, as amended, to the Judiciary and Civil Law Division. THE MOTION PREVAILED.

HF 4081 (Pinto) Sets the maximum term of incarceration for a gross misdemeanor at 364 days
Representative Pinto presented HF4081.

Testifiers in regards to HF4081:
Julia Decker

Representative Pinto moved that HF4081 be placed on the General Register. THE MOTION PREVAILED.

HF 4137 (Pinto) Conforms harassment statute with case law.

Representative Pinto presented HF4137.

Representative Pinto moved to re-refer HF4137 to the Judiciary and Civil Law Division. THE MOTION PREVAILED.

HF 2385 (Howard) Controlled substance schedules modified.

Representative Howard presented HF2385.

Testifiers in regards to HF2385
Cody Weiberg, Executive Director of the MN Board of Pharmacy

Representative Howard moved that HF2385 be placed on the General Register. THE MOTION PREVAILED.

HF 3820 (Mekeland) Metropolitan area definition expanded for 911 emergency service purposes.

Representative Novotny presented HF3820.

Representative Johnson moved to place HF3820 on the General Register. THE MOTION PREVAILED.

Chair Mariani took HF1864 off the table.

HF 1864 (Munson) Presentence investigation reports inclusion of brain injury information authorized.

Representative Munson presented HF1864.

Testifiers in regards to HF1864:
Zach Eichten, Brain Injury Alliance

Chair Mariani laid HF1864 over for possible inclusion in an omnibus bill.

HF 3675 (Edelson) Department of Public Safety grant funding acceptance authorized.

Representative Edelson presented HF3675.

Testifiers in regards to HF3675:
Cassandra O’Hera, Deputy Commissioner for the MN Department of Public Safety

Representative Edelson moved that HF3675 be placed on the General Register. THE MOTION PREVAILED.

HF 3869 (Moller) Data; unauthorized copying of data stored in computers included as computer theft.

Representative Moller presented HF3869.

Testifiers in regards to HF3869:
Drew Evans

Representative Moller moved that HF3869 be placed on the General Register. THE MOTION PREVAILED.

HF 3069 (Pinto) Assault by strangulation crime established, and crime of domestic assault by strangulation repealed.

Representative Pinto presented HF3069.

Representative Pinto moved to re-refer HF3069 to the Committee on Ways and Means. THE MOTION PREVAILED.

HF 2023 (Moller) Adultery crime repealed.

Representative Moller presented HF2023.

Representative Moller moved that HF2023 be placed on the General Register. THE MOTION PREVAILED.

HF 741 (Noor) Limiting the use of money bail for certain offenses.

Chair Mariani presented HF741.

Chair Mariani moved to amend HF741 with the A7 Amendment.

Representative Johnson requested a roll call.

AYES:
MARIANI, Carlos, (Chair)
EDELSON, Heather (Vice-Chair)
CONSIDINE, Jack
HOWARD, Michael
LESCH, John
LONG, Jamie
MOLLER, Kelly
PINTO, Dave

NAYS:
JOHNSON, Brian (Minority Lead)
LUCERO, Eric
MILLER, Tim
NASH, Jim
NOVOTNY, Paul
POSTON, John

ABSENT/ EXCUSED:
CHRISTENSEN, Shelly
O’NEILL, Marion
DEHN, Raymond

8 AYES, 6 NAYS, and 3 EXCUSED/ABSEENT, THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Chair Mariani moved to place HF741, as amended, on the General Register. THE MOTION PREVAILED.




HF 3360 (Sandstede) Violent crime enforcement team funding provided, and money appropriated.

Chair Mariani presented HF3360.

Chair Mariani moved to amend HF3360 with the A20-0672 Amendment. THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Chair Mariani moved to re-refer HF3360, as amended, to the Judiciary and Civil Law Division. THE MOTION PREVAILED

The meeting adjourned at 11:15 P.M.



Representative Carlos Mariani, Chair




Jason Chavez
Committee Legislative Assistant



More Info On This Meeting..
Bills Added:
  • HF2709 (Mariani) - Peace officer training reimbursement funding provided, and money appropriated.
  • HF2460 (Howard) - Peace Officer Excellence Task Force established.
  • HF0741 (Noor) - Money bail use for certain offenses limited.
  • HF2023 (Moller) - Adultery crime repealed.
  • HF3069 (Pinto) - Assault by strangulation crime established, and crime of domestic assault by strangulation repealed.
  • HF3730 (Long) - Coroner or medical examiner given access to criminal justice data communications network for identifying unknown deceased persons.
  • HF3108 (Edelson) - Immunity from prosecution for controlled substance and alcohol violations provided for sexual assault victim and persons assisting the victim.
  • HF3869 (Moller) - Data; unauthorized copying of data stored in computers included as computer theft.
  • HF3675 (Edelson) - Department of Public Safety grant funding acceptance authorized.
  • HF3837 (Hornstein) - Crimes motivated by bias reporting expanded; property damage crime motivated by bias amended; Peace Officer Standards and Training Board bias required to update training in recognizing, responding to, and reporting crimes of bias; law enforcement agencies adoption of standard policies regarding crimes motivated by bias required; and money appropriated.
  • HF3771 (Nornes) - Controlled substance administering without a prescription crime created, and bill of rights for protected persons violation crime created.
  • HF2385 (Howard) - Controlled substance schedules modified.
  • HF1864 (Munson) - Presentence investigation reports inclusion of brain injury information authorized.
  • HF3820 (Mekeland) - Metropolitan area definition expanded for 911 emergency service purposes.
  • HF3360 (Sandstede) - Violent crime enforcement, domestic abuse prevention, and substance abuse prevention funding provided; reports required; and money appropriated.
  • HF3975 (Mariani) - Postconviction relief time limit modified for when a court may hear a petition.
  • HF3976 (Dehn) - Aiding and abetting felony murder sentencing task force established, and report required.
Documents:
House TV Video:
View Archive

05:06 - Presentation on the Attorney General and Department of Public Safety Police-Involved Deadly Force Encounters Working Group Report.
The division recessed.
Runs 1 hour, 34 minutes.

House TV Video:
View Archive

05:58 - HF3975 (Mariani) Post-conviction relief time limit modified for when a court may hear a petition.
48:39 - HF3976 (Dehn) Aiding and abetting felony murder sentencing task force established, and report required.
1:15:35 - HF2709 (Mariani) Peace officer training reimbursement funding provided, and money appropriated.
2:33:21 - HF3837 (Hornstein) Crimes motivated by bias reporting expanded, property damage crime motivated by bias amended, Peace Officer Standards and Training Board bias training required, law enforcement agencies adoption of standard policies regarding crimes motivated by bias required, and money appropriated.
3:07:12 - HF3730 (Long) Coroner or medical examiner given access to criminal justice data communications network for unknown deceased person identification.
3:13:16 - HF3771 (Nornes) Controlled substance administering without a prescription crime created, and bill of rights for protected persons violation crime created.
3:33:32 - HF3108 (Edelson) Immunity from prosecution for controlled substance and alcohol violations provided for sexual assault victim and persons assisting the victim.
3:54:50 - HF4081 (Pinto) Sets the maximum term of incarceration for a gross misdemeanor at 364 days.
4:02:34 - HF4137 (Pinto) Intent required for repeated harassing conduct crime.
4:12:18 - HF2385 (Howard) Controlled substance schedules modified.
4:15:47 - HF3820 (Mekeland) Metropolitan area definition expanded for 911 emergency service purposes.
4:21:29 - HF1864 (Munson) Presentence investigation reports inclusion of brain injury information authorized.
4:33:05 - HF3675 (Edelson) Department of Public Safety grant funding acceptance authorized.
4:40:12 - HF3869 (Moller) Data; unauthorized copying of data stored in computers included as computer theft.
4:44:18 - HF3069 (Pinto) Assault by strangulation crime established, and crime of domestic assault by strangulation repealed.
4:52:26 - HF2023 (Moller) Adultery crime repealed.
4:57:01 - HF741 (Noor) Money bail use for certain offenses limited.
5:02:16 - HF3360 (Sandstede) Violent crime enforcement team funding provided, and money appropriated.
Runs 5 hours, 5 minutes.


Law Enforcement Excellence Week

Presentation on the Attorney General and Department of Public Safety Police-Involved Deadly Force Encounters Working Group Report

HF 2709 (Mariani) Peace officer training reimbursement funding provided, and money appropriated

HF 2460 (Howard) Peace Officer Excellence Task Force established.

Last Hearing Bill:
**HF 3360 (Sandstede) Violent crime enforcement team funding provided, and money appropriated.

Evening Hearing Bills:
HF 3976 (Dehn) Aiding and abetting felony murder sentencing task force established, and report required.
HF 3975 (Mariani) Post-conviction relief time limit modified for when a court may hear a petition.
HF 3837 (Hornstein) Crimes motivated by bias reporting expanded, property damage crime motivated by bias amended, Peace Officer Standards and Training Board bias training required, law enforcement agencies adoption of standard policies regarding crimes motivated by bias required, and money appropriated.
HF XXX1 (Pinto) Sets the maximum term of incarceration for a gross misdemeanor at 364 days
HF XXX2 (Pinto) Conforms harassment statute with case law.
HF 741 (Noor) Limiting the use of money bail for certain offenses
HF 2023 (Moller) Adultery crime repealed.
HF 3069 (Pinto) Assault by strangulation
HF 3730 (Long) Coroner or medical examiner given access to criminal justice data communications network for unknown deceased person identification.
HF 3108 (Edelson) Immunity from prosecution for controlled substance and alcohol violations provided for sexual assault victim and persons assisting the victim.
HF 3869 (Moller) Data; unauthorized copying of data stored in computers included as computer theft.
HF 3675 (Edelson) Department of Public Safety grant funding acceptance authorized.
HF 2385 (Howard) Controlled substance schedules modified.
HF 1864 (Munson) Presentence investigation reports inclusion of brain injury information authorized.
HF 3820 (Mekeland) Metropolitan area definition expanded for 911 emergency service purposes.
HF 3771 (Nornes) Controlled substance administering without a prescription crime created, and bill of rights for protected persons violation crime created.

Notes:
*Bills may be added to the agenda
**This bill was heard last hearing. Testimony was taken at that time. No testimony will be taken during this hearing on this bill. An amendment heard during last session will be attached (A20-0672 Amendment)
***The committee will recess and reconvene at 6:00 pm in the Basement Hearing Room. Expect for this committee to meet until Midnight.