Public Safety Policy and Oversight

TWENTY-FIRST MEETING

2009-2010 Regular Session - Thursday, March 19, 2009

STATE OF MINNESOTA TWENTY-FIRST MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION

PUBLIC SAFETY POLICY & OVERSIGHT COMMITTEE

MINUTES

Debra Hilstrom, Chair of the Public Safety Policy & Oversight Committee, called to order the twenty-first meeting of the House Public Safety Policy & Oversight Committee at 12:40 pm on Thursday, March 19, 2009 in Room 10 of the of the State Office Building, a quorum was present.

The Committee Legislative Assistant noted the roll.

Members Present:

HILSTROM, Debra, Chair
BIGHAM, Karla, Vice-Chair
ANDERSON, Bruce
CORNISH, Tony
DRAZKOWSKI, Steve
JOHNSON, Sheldon
KATH, Kory
KELLY, Tim
KULICK JACKSON, Gail
KOHLS, Paul
LESCH, John
MASIN, Sandra
MULLERY, Joe
OLIN, Dave
PAYMAR, Michael
ROSENTHAL, Paul
SHIMANSKI, Ron

Agenda:

Rep. Lesch moved to adopt the Crime Victims/ Criminal Records Division Report on HF1273 (Rosenthal), HF1546 (Rosenthal), HF1245 (Simon), HF1199 (Lesch), HF1392 (Lesch), HF1120 (Kath), HF1119 (Kath) and HF1349 (Hilstrom).

Rep. Lesch presented the Crime Victims/Criminal Records Division Report, and took questions from the committee.

Rep. Lesch renewed his motion to adopt the Crime Victims/ Criminal Records Division Report on HF1273 (Rosenthal), HF1546 (Rosenthal), HF1245 (Simon), HF1199 (Lesch), HF1392 (Lesch), HF1120 (Kath), HF1119 (Kath) and HF1349 (Hilstrom).
THE MOTION PREVAILED AND THE REPORT WAS ADOPTED.

HF1273 (Rosenthal): Domestic abuse arrest time expanded.

Rep. Rosenthal moved that HF1273 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

Rep. Rosenthal presented HF1273 and took questions from the committee.

Rep. Rosenthal renewed his motion that HF1273 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

Chair Hilstrom laid over HF1273 for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

HF1245 (Simon): Domestic abuse provisions modified, definitions expanded, and no contact orders expanded to apply throughout the state.

Rep. Lesch moved that HF1245 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.

Rep. Simon presented HF1245 and took questions from the committee.

Michelle Jacobson, Minneapolis City Attorney’s Office, testified on behalf of HF1245 and took questions from the committee.

Rep. Lesch renewed his motion that HF1245 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF1392, Committee Engrossment 1 (Lesch): Omnibus sexual conduct technical review bill provided.

Rep. Lesch moved that HF1392 CE-1 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.

Rep. Lesch presented HF1392 CE-1 and took questions from the committee.

Donna Dunn, Executive Director, Minnesota Coalition Against Sexual Assault, testified on behalf of HF1392 CE-1 and took questions from the committee.

Rep. Lesch renewed his motion that HF1392 CE-1 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF1199 (Lesch): Felony domestic assault and domestic assault by strangulation defined as crimes of violence.

Rep. Lesch moved that HF1199 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.

Rep. Lesch presented HF1199 and took questions from the committee.

Rep. Lesch renewed his motion that HF1199 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF1120 (Kath): Comprehensive incident-based reporting system data use delineated.

Rep. Kath moved that HF1120 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

Rep. Kath presented HF1120 and took questions from the committee.

Rep. Kath renewed his motion that HF1120 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

Chair Hilstrom laid HF1120 over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

HF1119 Committee Engrossment 1 (Kath): Bureau of Criminal Apprehension; statutes amended to reflect organizational changes.

Rep. Kath moved that HF1119 CE-1 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

Rep. Kath presented HF1119 CE-1 and took questions from the committee.

David Johnson, Minnesota Justice Information Service, testified on behalf of HF1119 and took questions from the committee.

Rep. Kath renewed his motion that HF1119 CE-1 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

Chair Hilstrom laid HF1119 CE-1 over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

Vice-Chair Bigham assumed the gavel at 1:00pm.

HF1509 (Hilstrom): Challenge incarceration program expanded.

Rep. Hilstrom moved that HF1509 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.

Rep. Hilstrom moved to amend HF1509 (see H1509A2).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.
Rep. Hilstrom moved to orally amend HF1509 as follows:
Page. 2, lines 7-15: delete section 2.
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS ADOPTED.

Rep. Hilstrom presented HF1509 as amended, and took questions from the committee.

Rep. Hilstrom renewed her motion that HF1509 be recommended to pass as amended and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF1349 (Hilstrom): Victims of criminal sexual conduct required to receive information regarding orders for protection and restraining orders.

Rep. Hilstrom moved that HF1349 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

Rep. Hilstrom presented HF1349 and took questions from the committee.

Suzanne Elwell, Office of Justice Programs, Department of Public Safety, testified on behalf of HF1349 and took questions from the committee.

Rep. Hilstrom renewed her motion that HF1349 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

Chair Bigham laid HF1349 over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

Chair Hilstrom assumed the gavel at 1:10pm.

HF1145 (Bigham): Investment and expert services for indigent defendants payment request applications modified.

Rep. Bigham moved that HF1145 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill

Rep. Bigham moved to amend HF1145 (see H1145DE3).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Bigham presented HF1145 as amended, and took questions from the committee.

David Brown, Minnesota County Attorneys Association, testified on behalf of HF1145 and took questions from the committee.

Catherine Turner, Minnesota Association of Criminal Defense Lawyers, testified in opposition to HF1145 and took questions from the committee.

Rep. Bigham renewed her motion that HF1145 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill

Chair Hilstrom laid HF1145 over as amended for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

HF1088 (Swails): Commercial driver’s license record-keeping requirements conformed to federal regulations.

Chair Hilstrom moved that HF1088 be recommended to pass and be re-referred to the Transportation and Transit Policy & Oversight Division.

Rep. Swails presented HF1088 and took questions from the committee.

Pat McCormack, Driver & Vehicle Services, Minnesota Department of Public Safety, testified on behalf of HF1088 and took questions from the committee.

Chair Hilstrom renewed her motion that HF1088 be recommended to pass and be re-referred to the Transportation and Transit Policy & Oversight Division.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF1517 (Hosch): Local units of government authorized to impose administrative fines.
HF812 (Cornish): Local authorities prohibited from enforcing criminal provisions with administrative penalties, and application of the criminal and traffic offender surcharge clarified.

Rep. Scalze presented HF1517 on Rep. Hosch’s behalf, and took questions from the committee.

Rep. Cornish moved that HF1517 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.

Rep. Cornish moved to amend HF1517 (see H1517DE2).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Cornish presented HF1517 as amended, and took questions from the committee.

Rep. Cornish moved to orally amend HF1517, as amended, as follows:
Page 3, lines 14-17: delete subdivision 3.
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS ADOPTED.

Rep. Cornish renewed his motion that HF1517 be recommended to pass as amended, and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

Rep. Kohls moved to reconsider the vote on HF1392 CE-1.
THE MOTION PREVAILED.

Rep. Kohls moved to orally amend HF1392 CE-1 as follows:
Page 1, line 22 and page 2, line 10, after "actor" insert "with seminal fluid or sperm"
Page 1, line 23 and page 2, line 11, after "body" delete everything up to the period
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS ADOPTED.

Rep. Lesch renewed his motion that HF1392 CE-1 be recommended to pass as amended and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

Chair Hilstrom called for a motion to adopt the minutes of March 18, 2009.

Rep. Bigham moved to approve the minutes of March 18, 2009.
THE MOTION PREVAILED AND THE MINUTES WERE ADOPTED.

The meeting was adjourned at 2:24 pm.

________________________________________________
Debra Hilstrom
CHAIR, Public Safety Policy & Oversight

________________________________________________
Erin Huppert
Public Safety Policy & Oversight Committee Legislative Assistant

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Reports from Crime Victims/Criminal Records Division:
HF1273 (Rosenthal) Domestic abuse arrest time expanded;
HF1546 (Rosenthal) Eliminating the requirement that a previous conviction be against a family or household member to enhance a domestic assault conviction;
HF1245 (Simon) Domestic abuse provisions modified, definitions expanded, and no contact orders expanded to apply throughout the state;
HF1349 (Hilstrom) Victims of criminal sexual conduct required to receive information regarding orders for protection and restraining orders;
HF1199 (Lesch) Felony domestic assault and domestic assault by strangulation defined as crimes of violence;
HF1392 (Lesch) Omnibus sexual conduct technical review bill provided;
HF1120 (Kath) Comprehensive incident-based reporting system data use delineated;
HF1119 (Kath) Bureau of Criminal Apprehension; statutes amended to reflect organizational changes.
HF1509 (Hilstrom) Challenge incarceration program expanded.
HF1145 (Bigham) Investment an