1.1 .................... moves to amend H. F. No. 584 as follows:
1.2Delete everything after the enacting clause and insert:
1.5 Section 1. Minnesota Statutes 2006, section 518B.01, subdivision 22, is amended to
1.6read:
1.7 Subd. 22.
Domestic abuse no contact order. (a) A domestic abuse no contact order
1.8is an order issued by a court against a defendant in a criminal proceeding for:
1.9 (1) domestic abuse;
1.10 (2) harassment or stalking charged under section 609.749 and committed against
1.11a family or household member;
1.12 (3) violation of an order for protection charged under subdivision 14; or
1.13 (4) violation of a prior domestic abuse no contact order charged under this
1.14subdivision.
1.15It includes pretrial orders before final disposition of the case and probationary orders
1.16after sentencing.
1.17 (b) A person who knows of the existence of a domestic abuse no contact order issued
1.18against the person and violates the order is guilty of a misdemeanor.
1.19 (c) A person is guilty of a gross misdemeanor who knowingly violates this
1.20subdivision within ten years of a previous qualified domestic violence-related offense
1.21conviction or adjudication of delinquency.
Upon a gross misdemeanor conviction under
1.22this paragraph, the defendant must be sentenced to a minimum of ten days' imprisonment
1.23and must be ordered to participate in counseling or other appropriate programs selected
1.24by the court as provided in section 518B.02. Notwithstanding section 609.135, the court
1.25must impose and execute the minimum sentence provided in this paragraph for gross
1.26misdemeanor convictions.
2.1 (d) A person is guilty of a felony and may be sentenced to imprisonment for not more
2.2than five years or to payment of a fine of not more than $10,000, or both, if the person
2.3knowingly violates this subdivision within ten years of the first of two or more previous
2.4qualified domestic violence-related offense convictions or adjudications of delinquency.
2.5Upon a felony conviction under this paragraph in which the court stays imposition or
2.6execution of sentence, the court shall impose at least a 30-day period of incarceration
2.7as a condition of probation. The court also shall order that the defendant participate in
2.8counseling or other appropriate programs selected by the court. Notwithstanding section
2.9609.135, the court must impose and execute the minimum sentence provided in this
2.10paragraph for felony convictions.
2.11 (d) (e) A peace officer shall arrest without a warrant and take into custody a person
2.12whom the peace officer has probable cause to believe has violated a domestic abuse no
2.13contact order, even if the violation of the order did not take place in the presence of the
2.14peace officer, if the existence of the order can be verified by the officer. The person shall
2.15be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays,
2.16unless the person is released earlier by a judge or judicial officer. A peace officer acting
2.17in good faith and exercising due care in making an arrest pursuant to this paragraph is
2.18immune from civil liability that might result from the officer's actions.
2.19EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
2.20committed on or after that date.
2.21 Sec. 2. Minnesota Statutes 2006, section 609.02, subdivision 16, is amended to read:
2.22 Subd. 16.
Qualified domestic violence-related offense. "Qualified domestic
2.23violence-related offense" includes
a violation of or an attempt to violate the following
2.24offenses: sections
518B.01, subdivision 14 (violation of domestic abuse order for
2.25protection);
518B.01, subdivision 22 (violation of domestic abuse no contact order);
2.26609.185 (first-degree murder); 609.19 (second-degree murder); 609.221 (first-degree
2.27assault);
609.222 (second-degree assault);
609.223 (third-degree assault);
609.2231
2.28(fourth-degree assault);
609.224 (fifth-degree assault);
609.2242 (domestic assault);
2.29609.2247
(domestic assault by strangulation);
609.342 (first-degree criminal sexual
2.30conduct);
609.343 (second-degree criminal sexual conduct);
609.344 (third-degree
2.31criminal sexual conduct);
609.345 (fourth-degree criminal sexual conduct);
609.377
2.32(malicious punishment of a child);
609.713 (terroristic threats);
609.748, subdivision 6
2.33(violation of harassment restraining order);
609.749 (harassment/stalking); and
609.78,
2.34subdivision 2 (interference with an emergency call); and similar laws of other states, the
2.35United States, the District of Columbia, tribal lands, and United States territories.
3.1EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
3.2committed on or after that date.
3.3 Sec. 3. Minnesota Statutes 2006, section 609.341, subdivision 11, is amended to read:
3.4 Subd. 11.
Sexual contact. (a) "Sexual contact," for the purposes of sections
3.5609.343, subdivision 1
, clauses (a) to (f), and
609.345, subdivision 1, clauses (a) to (e),
3.6and (h) to
(m) (o), includes any of the following acts committed without the complainant's
3.7consent, except in those cases where consent is not a defense, and committed with sexual
3.8or aggressive intent:
3.9 (i) the intentional touching by the actor of the complainant's intimate parts, or
3.10 (ii) the touching by the complainant of the actor's, the complainant's, or another's
3.11intimate parts effected by a person in a position of authority, or by coercion, or by
3.12inducement if the complainant is under 13 years of age or mentally impaired, or
3.13 (iii) the touching by another of the complainant's intimate parts effected by coercion
3.14or by a person in a position of authority, or
3.15 (iv) in any of the cases above, the touching of the clothing covering the immediate
3.16area of the intimate parts.
3.17 (b) "Sexual contact," for the purposes of sections
609.343, subdivision 1, clauses (g)
3.18and (h), and
609.345, subdivision 1, clauses (f) and (g), includes any of the following acts
3.19committed with sexual or aggressive intent:
3.20 (i) the intentional touching by the actor of the complainant's intimate parts;
3.21 (ii) the touching by the complainant of the actor's, the complainant's, or another's
3.22intimate parts;
3.23 (iii) the touching by another of the complainant's intimate parts; or
3.24 (iv) in any of the cases listed above, touching of the clothing covering the immediate
3.25area of the intimate parts.
3.26 (c) "Sexual contact with a person under 13" means the intentional touching of the
3.27complainant's bare genitals or anal opening by the actor's bare genitals or anal opening
3.28with sexual or aggressive intent or the touching by the complainant's bare genitals or anal
3.29opening of the actor's or another's bare genitals or anal opening with sexual or aggressive
3.30intent.
3.31EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
3.32committed on or after that date.
3.33 Sec. 4. Minnesota Statutes 2006, section 609.344, subdivision 1, is amended to read:
4.1 Subdivision 1.
Crime defined. A person who engages in sexual penetration with
4.2another person is guilty of criminal sexual conduct in the third degree if any of the
4.3following circumstances exists:
4.4 (a) the complainant is under 13 years of age and the actor is no more than 36 months
4.5older than the complainant. Neither mistake as to the complainant's age nor consent to the
4.6act by the complainant shall be a defense;
4.7 (b) the complainant is at least 13 but less than 16 years of age and the actor is more
4.8than 24 months older than the complainant. In any such case
if the actor is no more
4.9than 120 months older than the complainant, it shall be an affirmative defense, which
4.10must be proved by a preponderance of the evidence, that the actor
reasonably believes
4.11the complainant to be 16 years of age or older.
In all other cases, mistake as to the
4.12complainant's age shall not be a defense. If the actor in such a case is no more than 48
4.13months but more than 24 months older than the complainant, the actor may be sentenced
4.14to imprisonment for not more than five years. Consent by the complainant is not a defense;
4.15 (c) the actor uses force or coercion to accomplish the penetration;
4.16 (d) the actor knows or has reason to know that the complainant is mentally impaired,
4.17mentally incapacitated, or physically helpless;
4.18 (e) the complainant is at least 16 but less than 18 years of age and the actor is
4.19more than 48 months older than the complainant and in a position of authority over the
4.20complainant. Neither mistake as to the complainant's age nor consent to the act by the
4.21complainant is a defense;
4.22 (f) the actor has a significant relationship to the complainant and the complainant
4.23was at least 16 but under 18 years of age at the time of the sexual penetration. Neither
4.24mistake as to the complainant's age nor consent to the act by the complainant is a defense;
4.25 (g) the actor has a significant relationship to the complainant, the complainant was at
4.26least 16 but under 18 years of age at the time of the sexual penetration, and:
4.27 (i) the actor or an accomplice used force or coercion to accomplish the penetration;
4.28 (ii) the complainant suffered personal injury; or
4.29 (iii) the sexual abuse involved multiple acts committed over an extended period of
4.30time.
4.31 Neither mistake as to the complainant's age nor consent to the act by the complainant
4.32is a defense;
4.33 (h) the actor is a psychotherapist and the complainant is a patient of the
4.34psychotherapist and the sexual penetration occurred:
4.35 (i) during the psychotherapy session; or
5.1 (ii) outside the psychotherapy session if an ongoing psychotherapist-patient
5.2relationship exists.
5.3 Consent by the complainant is not a defense;
5.4 (i) the actor is a psychotherapist and the complainant is a former patient of the
5.5psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
5.6 (j) the actor is a psychotherapist and the complainant is a patient or former patient
5.7and the sexual penetration occurred by means of therapeutic deception. Consent by the
5.8complainant is not a defense;
5.9 (k) the actor accomplishes the sexual penetration by means of deception or false
5.10representation that the penetration is for a bona fide medical purpose. Consent by the
5.11complainant is not a defense;
5.12 (1) the actor is or purports to be a member of the clergy, the complainant is not
5.13married to the actor, and:
5.14 (i) the sexual penetration occurred during the course of a meeting in which the
5.15complainant sought or received religious or spiritual advice, aid, or comfort from the
5.16actor in private; or
5.17 (ii) the sexual penetration occurred during a period of time in which the complainant
5.18was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
5.19advice, aid, or comfort in private. Consent by the complainant is not a defense;
5.20 (m) the actor is an employee, independent contractor, or volunteer of a state, county,
5.21city, or privately operated adult or juvenile correctional system, including, but not limited
5.22to, jails, prisons, detention centers, or work release facilities, and the complainant is
5.23a resident of a facility or under supervision of the correctional system. Consent by the
5.24complainant is not a defense;
or
5.25 (n) the actor provides or is an agent of an entity that provides special transportation
5.26service, the complainant used the special transportation service, and the sexual penetration
5.27occurred during or immediately before or after the actor transported the complainant.
5.28Consent by the complainant is not a defense
.; or
5.29 (o) the actor performs massage or other bodywork for hire, the complainant was a
5.30user of one of those services, and nonconsensual sexual penetration occurred during or
5.31immediately before or after the actor performed or was hired to perform one of those
5.32services for the complainant.
5.33EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
5.34committed on or after that date.
5.35 Sec. 5. Minnesota Statutes 2006, section 609.345, subdivision 1, is amended to read:
6.1 Subdivision 1.
Crime defined. A person who engages in sexual contact with
6.2another person is guilty of criminal sexual conduct in the fourth degree if any of the
6.3following circumstances exists:
6.4 (a) the complainant is under 13 years of age and the actor is no more than 36 months
6.5older than the complainant. Neither mistake as to the complainant's age or consent to the
6.6act by the complainant is a defense. In a prosecution under this clause, the state is not
6.7required to prove that the sexual contact was coerced;
6.8 (b) the complainant is at least 13 but less than 16 years of age and the actor is
6.9more than 48 months older than the complainant or in a position of authority over
6.10the complainant. Consent by the complainant to the act is not a defense. In any such
6.11case,
if the actor is no more than 120 months older than the complainant, it shall be an
6.12affirmative defense which must be proved by a preponderance of the evidence that the
6.13actor
reasonably believes the complainant to be 16 years of age or older
. In all other cases,
6.14mistake as to the complainant's age shall not be a defense;
6.15 (c) the actor uses force or coercion to accomplish the sexual contact;
6.16 (d) the actor knows or has reason to know that the complainant is mentally impaired,
6.17mentally incapacitated, or physically helpless;
6.18 (e) the complainant is at least 16 but less than 18 years of age and the actor is
6.19more than 48 months older than the complainant and in a position of authority over the
6.20complainant. Neither mistake as to the complainant's age nor consent to the act by the
6.21complainant is a defense;
6.22 (f) the actor has a significant relationship to the complainant and the complainant
6.23was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake
6.24as to the complainant's age nor consent to the act by the complainant is a defense;
6.25 (g) the actor has a significant relationship to the complainant, the complainant was at
6.26least 16 but under 18 years of age at the time of the sexual contact, and:
6.27 (i) the actor or an accomplice used force or coercion to accomplish the contact;
6.28 (ii) the complainant suffered personal injury; or
6.29 (iii) the sexual abuse involved multiple acts committed over an extended period of
6.30time.
6.31 Neither mistake as to the complainant's age nor consent to the act by the complainant
6.32is a defense;
6.33 (h) the actor is a psychotherapist and the complainant is a patient of the
6.34psychotherapist and the sexual contact occurred:
6.35 (i) during the psychotherapy session; or
7.1 (ii) outside the psychotherapy session if an ongoing psychotherapist-patient
7.2relationship exists. Consent by the complainant is not a defense;
7.3 (i) the actor is a psychotherapist and the complainant is a former patient of the
7.4psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
7.5 (j) the actor is a psychotherapist and the complainant is a patient or former patient
7.6and the sexual contact occurred by means of therapeutic deception. Consent by the
7.7complainant is not a defense;
7.8 (k) the actor accomplishes the sexual contact by means of deception or false
7.9representation that the contact is for a bona fide medical purpose. Consent by the
7.10complainant is not a defense;
7.11 (1) the actor is or purports to be a member of the clergy, the complainant is not
7.12married to the actor, and:
7.13 (i) the sexual contact occurred during the course of a meeting in which the
7.14complainant sought or received religious or spiritual advice, aid, or comfort from the
7.15actor in private; or
7.16 (ii) the sexual contact occurred during a period of time in which the complainant
7.17was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
7.18advice, aid, or comfort in private. Consent by the complainant is not a defense;
7.19 (m) the actor is an employee, independent contractor, or volunteer of a state, county,
7.20city, or privately operated adult or juvenile correctional system, including, but not limited
7.21to, jails, prisons, detention centers, or work release facilities, and the complainant is
7.22a resident of a facility or under supervision of the correctional system. Consent by the
7.23complainant is not a defense;
or
7.24 (n) the actor provides or is an agent of an entity that provides special transportation
7.25service, the complainant used the special transportation service, the complainant is not
7.26married to the actor, and the sexual contact occurred during or immediately before or after
7.27the actor transported the complainant. Consent by the complainant is not a defense
.; or
7.28 (o) the actor performs massage or other bodywork for hire, the complainant was
7.29a user of one of those services, and nonconsensual sexual contact occurred during or
7.30immediately before or after the actor performed or was hired to perform one of those
7.31services for the complainant.
7.32EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
7.33committed on or after that date.
7.34 Sec. 6. Minnesota Statutes 2006, section 609.3451, subdivision 3, is amended to read:
8.1 Subd. 3.
Felony. A person is guilty of a felony and may be sentenced to
8.2imprisonment for not more than five years or to payment of a fine of not more than $10,000,
8.3or both, if the person violates
subdivision 1, clause (2) this section, after having been
8.4previously convicted of or adjudicated delinquent for violating
subdivision 1, clause (2)
8.5this section; sections 609.342 to 609.345; section 609.3453; section
617.23, subdivision 2,
8.6clause (1);
section 617.247; or a statute from another state in conformity
with subdivision
8.71, clause (2), or section
617.23, subdivision 2, clause (1) with one of these statutes.
8.8EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
8.9committed on or after that date.
8.10 Sec. 7. Minnesota Statutes 2006, section 609.3455, subdivision 4, is amended to read:
8.11 Subd. 4.
Mandatory life sentence; repeat offenders. (a) Notwithstanding the
8.12statutory maximum penalty otherwise applicable to the offense, the court shall sentence a
8.13person to imprisonment for life if the person is convicted of violating section
609.342,
8.14609.343
,
609.344,
609.345, or
609.3453 and:
8.15 (1) the person has two previous sex offense convictions;
8.16 (2) the person has a previous sex offense conviction and:
8.17 (i) the factfinder determines that the present offense involved an aggravating factor
8.18that would provide grounds for an upward durational departure under the sentencing
8.19guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
8.20convictions;
8.21 (ii) the person received an upward durational departure from the sentencing
8.22guidelines for the previous sex offense conviction; or
8.23 (iii) the person was sentenced under this section or Minnesota Statutes 2004, section
8.24609.108
, for the previous sex offense conviction; or
8.25 (3) the person has two prior sex offense convictions, and the factfinder determines
8.26that the prior convictions and present offense involved at least three separate victims, and:
8.27 (i) the factfinder determines that the present offense involved an aggravating factor
8.28that would provide grounds for an upward durational departure under the sentencing
8.29guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
8.30convictions;
8.31 (ii) the person received an upward durational departure from the sentencing
8.32guidelines for one of the prior sex offense convictions; or
8.33 (iii) the person was sentenced under this section or Minnesota Statutes 2004, section
8.34609.108
, for one of the prior sex offense convictions.
9.1 (b) Notwithstanding paragraph (a), a court may not sentence a person to
9.2imprisonment for life for a violation of section
609.345, unless
at least one of the person's
9.3previous or prior sex offense convictions that are being used as the basis for the sentence
9.4are for violations of section
609.342,
609.343,
609.344, or
609.3453, or any similar statute
9.5of the United States, this state, or any other state.
9.6EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
9.7committed on or after that date.
9.8 Sec. 8. Minnesota Statutes 2006, section 609.3455, is amended by adding a subdivision
9.9to read:
9.10 Subd. 9. Applicability. The provisions of this section do not affect the applicability
9.11of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005,
9.12or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.
9.13EFFECTIVE DATE.This section is effective the day following final enactment.
9.14 Sec. 9. Minnesota Statutes 2006, section 609.505, subdivision 2, is amended to read:
9.15 Subd. 2.
Reporting police misconduct. (a) Whoever informs, or causes information
9.16to be communicated to, a peace officer, whose responsibilities include investigating or
9.17reporting police misconduct,
or other person working under the authority of a chief law
9.18enforcement officer, whose responsibilities include investigating or reporting police
9.19misconduct, that a peace officer, as defined in section
626.84, subdivision 1, paragraph (c),
9.20has committed an act of police misconduct, knowing that the information is false, is guilty
9.21of a crime and may be sentenced as follows:
9.22 (1) up to the maximum provided for a misdemeanor if the false information does not
9.23allege a criminal act; or
9.24 (2) up to the maximum provided for a gross misdemeanor if the false information
9.25alleges a criminal act.
9.26 (b) The court shall order any person convicted of a violation of this subdivision
9.27to make full restitution of all reasonable expenses incurred in the investigation of the
9.28false allegation unless the court makes a specific written finding that restitution would be
9.29inappropriate under the circumstances. A restitution award may not exceed $3,000.
9.30EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
9.31committed on or after that date.
9.32 Sec. 10.
[609.593] TAMPERING WITH GAS AND ELECTRICAL LINES.
9.33 Whoever intentionally and without claim of right, takes, removes, breaks, or severs,
9.34a line or any part connected to a line that is used for supplying or transporting gas or
10.1electricity without the consent of one authorized to give consent and in a manner that
10.2creates a substantial risk of death or bodily harm or serious property damage is guilty of a
10.3felony and may be sentenced to imprisonment for not more than 20 years or to payment of
10.4a fine of not more than $100,000, or both.
10.5EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
10.6committed on or after that date.
10.7 Sec. 11. Minnesota Statutes 2006, section 609.748, subdivision 1, is amended to read:
10.8 Subdivision 1.
Definition. For the purposes of this section, the following terms have
10.9the meanings given them in this subdivision.
10.10 (a) "Harassment" includes:
10.11 (1) a single incident of physical or sexual assault or repeated incidents of intrusive or
10.12unwanted acts, words, or gestures that have a substantial adverse effect or are intended to
10.13have a substantial adverse effect on the safety, security, or privacy of another, regardless
10.14of the relationship between the actor and the intended target;
10.15 (2) targeted residential picketing;
and
10.16 (3) a pattern of attending public events after being notified that the actor's presence
10.17at the event is harassing to another
.; and
10.18 (4) a single incident of posing as another person or persons through the use of the
10.19Internet or a computer, computer program, computer network, or computer system,
10.20without express authorization in order to harass or defame another person or persons.
10.21 (b) "Respondent" includes any adults or juveniles alleged to have engaged in
10.22harassment or organizations alleged to have sponsored or promoted harassment.
10.23 (c) "Targeted residential picketing" includes the following acts when committed on
10.24more than one occasion:
10.25 (1) marching, standing, or patrolling by one or more persons directed solely at a
10.26particular residential building in a manner that adversely affects the safety, security, or
10.27privacy of an occupant of the building; or
10.28 (2) marching, standing, or patrolling by one or more persons which prevents an
10.29occupant of a residential building from gaining access to or exiting from the property on
10.30which the residential building is located.
10.31EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
10.32committed on or after that date.
10.33 Sec. 12. Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:
11.1 Subd. 5.
Restraining order. (a) The court may grant a restraining order ordering
11.2the respondent to cease or avoid the harassment of another person or to have no contact
11.3with that person if all of the following occur:
11.4 (1) the petitioner has filed a petition under subdivision 3;
11.5 (2) the sheriff has served respondent with a copy of the temporary restraining order
11.6obtained under subdivision 4, and with notice of the right to request a hearing, or service
11.7has been made by publication under subdivision 3, paragraph (b); and
11.8 (3) the court finds at the hearing that there are reasonable grounds to believe that
11.9the respondent has engaged in harassment.
11.10Except as provided in paragraph (c), a restraining order may be issued only against the
11.11respondent named in the petition;
except that and if the respondent is an organization, the
11.12order may be issued against and apply to all of the members of the organization. Relief
11.13granted by the restraining order must be for a fixed period of not more than two years.
11.14When a referee presides at the hearing on the petition, the restraining order becomes
11.15effective upon the referee's signature.
11.16 (b) An order issued under this subdivision must be personally served upon the
11.17respondent.
11.18 (c) If the harassment involves communication through the use of the Internet or
11.19a computer, computer program, computer network, or computer system, a restraining
11.20order may also be issued against private computer networks, including Internet service
11.21providers or computer bulletin board systems, that are publishing harassing information.
11.22A restraining order issued under this paragraph may direct the respondent or a private
11.23computer network to remove or correct the harassing information. A restraining order
11.24issued under this paragraph may be served by mail upon any private computer network
11.25affected.
11.26EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
11.27committed on or after that date.
11.28 Sec. 13.
REPEALER.
11.29Minnesota Statutes 2006, section 609.805, is repealed.
11.30EFFECTIVE DATE.This section is effective July 1, 2007.
11.32DWI AND DRIVING RELATED PROVISIONS
11.33 Section 1. Minnesota Statutes 2006, section 169A.275, is amended by adding a
11.34subdivision to read:
12.1 Subd. 7. Exception. (a) A judge is not required to sentence a person as provided
12.2in this section if the judge requires the person as a condition of probation to drive only
12.3motor vehicles equipped with an ignition interlock device meeting the standards described
12.4in section 171.306.
12.5(b) This subdivision expires July 1, 2009.
12.6EFFECTIVE DATE.This section is effective July 1, 2007, and applies to crimes
12.7committed on or after that date.
12.8 Sec. 2. Minnesota Statutes 2006, section 169A.51, subdivision 7, is amended to read:
12.9 Subd. 7.
Requirements for conducting tests; liability. (a) Only a physician,
12.10medical technician, emergency medical technician-paramedic, registered nurse, medical
12.11technologist, medical laboratory technician,
phlebotomist, or laboratory assistant acting
12.12at the request of a peace officer may withdraw blood for the purpose of determining the
12.13presence of alcohol, a controlled substance or its metabolite, or a hazardous substance.
12.14This limitation does not apply to the taking of a breath or urine sample.
12.15 (b) The person tested has the right to have someone of the person's own choosing
12.16administer a chemical test or tests in addition to any administered at the direction of a
12.17peace officer; provided, that the additional test sample on behalf of the person is obtained
12.18at the place where the person is in custody, after the test administered at the direction of a
12.19peace officer, and at no expense to the state. The failure or inability to obtain an additional
12.20test or tests by a person does not preclude the admission in evidence of the test taken at
12.21the direction of a peace officer unless the additional test was prevented or denied by the
12.22peace officer.
12.23 (c) The physician, medical technician, emergency medical technician-paramedic,
12.24medical technologist, medical laboratory technician, laboratory assistant,
phlebotomist,
12.25or registered nurse drawing blood at the request of a peace officer for the purpose of
12.26determining the concentration of alcohol, a controlled substance or its metabolite, or a
12.27hazardous substance is in no manner liable in any civil or criminal action except for
12.28negligence in drawing the blood. The person administering a breath test must be fully
12.29trained in the administration of breath tests pursuant to training given by the commissioner
12.30of public safety.
12.31EFFECTIVE DATE.This section is effective the day following final enactment
12.32and applies to crimes committed on or after that date.
12.33 Sec. 3. Minnesota Statutes 2006, section 171.12, is amended by adding a subdivision
12.34to read:
13.1 Subd. 9. Driving record disclosure to law enforcement. The commissioner
13.2shall also furnish driving records, without charge, to chiefs of police, county sheriffs,
13.3prosecuting attorneys, and other law enforcement agencies with the power to arrest.
13.4EFFECTIVE DATE.This section is effective July 1, 2007.
13.5 Sec. 4.
[171.306] IGNITION INTERLOCK DEVICE PILOT PROJECT.
13.6 Subdivision 1. Pilot project established; reports. The commissioner shall
13.7conduct a two-year ignition interlock device pilot project as provided in this section. The
13.8commissioner shall select one metropolitan county and one rural county to participate
13.9in the pilot project. The pilot project must begin on July 1, 2007, and continue until
13.10June 30, 2009. The commissioner shall submit two preliminary reports by February 1,
13.112008, and by December 1, 2008, and a final report by September 1, 2009, to the chairs
13.12and ranking minority members of the senate and house of representatives committees
13.13having jurisdiction over criminal justice policy and funding. The reports must evaluate the
13.14successes and failures of the pilot project, provide information on participation rates, and
13.15make recommendations on continuing the project.
13.16 Subd. 2. Performance standards; certification. The commissioner shall determine
13.17appropriate performance standards and a certification process for ignition interlock
13.18devices for the pilot project. Only devices certified by the commissioner as meeting the
13.19performance standards may be used in the pilot project.
13.20 Subd. 3. Pilot project components. (a) Under the pilot project, the commissioner
13.21shall issue a driver's license to an individual whose driver's license has been revoked
13.22under chapter 169A for a repeat impaired driving incident if the person qualifies under this
13.23section and agrees to all of the conditions of the project.
13.24(b) The commissioner must flag the person's driver's license record to indicate the
13.25person's participation in the program. The license must authorize the person to drive only
13.26vehicles having functioning ignition interlock devices conforming with the requirements
13.27of subdivision 2.
13.28 (c) Notwithstanding any statute or rule to the contrary, the commissioner has
13.29authority to and shall determine the appropriate period for which a person participating in
13.30the ignition interlock pilot program shall be subject to this program, and when the person
13.31is eligible to be issued:
13.32 (1) a limited driver's license subject to the ignition interlock restriction;
13.33 (2) full driving privileges subject to the ignition interlock restriction; and
13.34 (3) a driver's license without an ignition interlock restriction.
14.1(d) A person participating in this pilot project shall agree to participate in any
14.2treatment recommended by a chemical use assessment.
14.3(e) The commissioner shall determine guidelines for participation in the project.
14.4A person participating in the project shall sign a written agreement accepting these
14.5guidelines and agreeing to comply with them.
14.6 (f) It is a misdemeanor for a person who is licensed under this section for driving a
14.7vehicle equipped with an ignition interlock device:
14.8 (1) to start or attempt to start, or to operate or attempt to operate, the vehicle while
14.9the person has any amount of alcohol in the person's body; or
14.10 (2) to drive, operate or be in physical control of a motor vehicle other than a vehicle
14.11properly equipped with an ignition interlock device.
14.12EFFECTIVE DATE.This section is effective the day following final enactment.
14.13 Sec. 5. Minnesota Statutes 2006, section 171.55, is amended to read:
14.14171.55 OUT-OF-STATE CONVICTIONS GIVEN EFFECT.
14.15 The commissioner shall give the same effect for driver licensing purposes to conduct
14.16reported from a licensing authority or court in another state
or province or territory
14.17of Canada that the commissioner would give to conduct reported from a court or other
14.18agency of this state, whether or not the other state
or province or territory of Canada is a
14.19party to the Driver License Compact in section
171.50. The conduct to be given effect by
14.20the commissioner includes a report of conviction for an offense enumerated in section
14.21171.50
, article IV, or an offense described in sections
171.17 and
171.18.
14.22EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
14.23committed on or after that date.
14.24 Sec. 6. Minnesota Statutes 2006, section 609.21, subdivision 1, is amended to read:
14.25 Subdivision 1.
Criminal vehicular homicide operation; crime described. A
14.26person is guilty of criminal vehicular
homicide resulting in death and may be sentenced to
14.27imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
14.28or both operation and may be sentenced as provided in subdivision 1a, if the person causes
14.29injury to or the death of
a human being not constituting murder or manslaughter another
14.30as a result of operating a motor vehicle:
14.31 (1) in a grossly negligent manner;
14.32 (2) in a negligent manner while under the influence of:
14.33 (i) alcohol;
14.34 (ii) a controlled substance; or
14.35 (iii) any combination of those elements;
15.1 (3) while having an alcohol concentration of 0.08 or more;
15.2 (4) while having an alcohol concentration of 0.08 or more, as measured within
15.3two hours of the time of driving;
15.4 (5) in a negligent manner while knowingly under the influence of a hazardous
15.5substance;
15.6 (6) in a negligent manner while any amount of a controlled substance listed in
15.7schedule I or II,
or its metabolite, other than marijuana or tetrahydrocannabinols, is
15.8present in the person's body;
or
15.9 (7) where the driver who causes the accident leaves the scene of the accident in
15.10violation of section
169.09, subdivision 1 or 6
. ; or
15.11 (8) where the driver had actual knowledge that the motor vehicle was defectively
15.12maintained and the injury or death was caused by the defective maintenance.
15.13EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
15.14committed on or after that date.
15.15 Sec. 7. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
15.16to read:
15.17 Subd. 1a. Criminal penalties. (a) A person who violates subdivision 1 and causes
15.18the death of a human being not constituting murder or manslaughter or the death of an
15.19unborn child may be sentenced to imprisonment for not more than ten years or to payment
15.20of a fine of not more than $20,000, or both.
15.21 (b) A person who violates subdivision 1 and causes great bodily harm to another not
15.22constituting attempted murder or assault or great bodily harm to an unborn child who is
15.23subsequently born alive may be sentenced to imprisonment for not more than five years or
15.24to payment of a fine of not more than $10,000, or both.
15.25 (c) A person who violates subdivision 1 and causes substantial bodily harm to
15.26another may be sentenced to imprisonment for not more than three years or to payment of
15.27a fine of not more than $10,000, or both.
15.28 (d) A person who violates subdivision 1 and causes bodily harm to another may be
15.29sentenced to imprisonment for not more than one year or to payment of a fine of not
15.30more than $3,000, or both.
15.31EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
15.32committed on or after that date.
15.33 Sec. 8. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
15.34to read:
16.1 Subd. 1b. Conviction not bar to punishment for other crimes. A prosecution
16.2for or a conviction of a crime under this section relating to causing death or injury to an
16.3unborn child is not a bar to conviction of or punishment for any other crime committed by
16.4the defendant as part of the same conduct.
16.5EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
16.6committed on or after that date.
16.7 Sec. 9. Minnesota Statutes 2006, section 609.21, subdivision 4a, is amended to read:
16.8 Subd. 4a.
Affirmative defense. It shall be an affirmative defense to a charge under
16.9subdivision 1, clause (6)
; 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 4,
16.10clause (6), that the defendant used the controlled substance according to the terms of a
16.11prescription issued for the defendant in accordance with sections
152.11 and
152.12.
16.12EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
16.13committed on or after that date.
16.14 Sec. 10. Minnesota Statutes 2006, section 609.21, subdivision 5, is amended to read:
16.15 Subd. 5.
Definitions. For purposes of this section, the terms defined in this
16.16subdivision have the meanings given them.
16.17 (a) "Motor vehicle" has the meaning given in section
609.52, subdivision 1, and
16.18includes attached trailers.
16.19 (b) "Controlled substance" has the meaning given in section
152.01, subdivision 4.
16.20 (c) "Hazardous substance" means any chemical or chemical compound that is listed
16.21as a hazardous substance in rules adopted under chapter 182.
16.22EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
16.23committed on or after that date.
16.24 Sec. 11. Minnesota Statutes 2006, section 634.15, subdivision 1, is amended to read:
16.25 Subdivision 1.
Certificates of analysis; blood sample reports; chain of custody.
16.26 (a) In any hearing or trial of a criminal offense or petty misdemeanor or proceeding
16.27pursuant to section
169A.53, subdivision 3, the following documents shall be admissible
16.28in evidence:
16.29 (a) (1) a report of the facts and results of any laboratory analysis or examination if it
16.30is prepared and attested by the person performing the laboratory analysis or examination
16.31in any laboratory operated by the Bureau of Criminal Apprehension or authorized by the
16.32bureau to conduct an analysis or examination, or in any laboratory of the Federal Bureau
16.33of Investigation, the federal Postal Inspection Service, the federal Bureau of Alcohol,
16.34Tobacco and Firearms, or the federal Drug Enforcement Administration;
17.1 (b) (2) a report of a blood sample withdrawn under the implied consent law if:
17.2 (i) The report was prepared by the person who administered the test;
17.3 (ii) The person who withdrew the blood sample was competent to administer the test
17.4under section
169A.51, subdivision 7; and
17.5 (iii) The report was prepared consistent with any applicable rules promulgated
17.6by the commissioner of public safety; and
17.7 (c) (3) a verified chain of custody of a specimen while under the control of a
17.8laboratory described in clause
(a) (1).
17.9 (b) A report described in
paragraph (a), clause
(a) (1), purported to be signed by the
17.10person performing the analysis or examination in a laboratory named in that clause, or a
17.11blood sample report described in
paragraph (a), clause
(b) (2), purported to be signed by
17.12the person who withdrew the blood sample shall be admissible as evidence without proof
17.13of the seal, signature or official character of the person whose name is signed to it. The
17.14signature in
paragraph (a), clause
(a) (1) or
(b) (2), can be written or in electronic format.
17.15 (c) At least 20 days before trial, the prosecutor shall submit to the accused person or
17.16the accused person's attorney notice of the contents of a report described in paragraph (a)
17.17and of the requirements of subdivision 2.
17.18EFFECTIVE DATE.This section is effective the day following final enactment.
17.19 Sec. 12. Minnesota Statutes 2006, section 634.15, subdivision 2, is amended to read:
17.20 Subd. 2.
Testimony at trial. (a) Except in civil proceedings, including proceedings
17.21under section
169A.53, an accused person or the accused person's attorney may request,
17.22by notifying the prosecuting attorney at least ten days before the trial, that the following
17.23persons testify in person at the trial on behalf of the state:
17.24 (a) (1) a person who performed the laboratory analysis or examination for the report
17.25described in subdivision 1,
paragraph (a), clause
(a) (1); or
17.26 (b) (2) a person who prepared the blood sample report described in subdivision
17.271,
paragraph (a), clause
(b) (2).
17.28 If a petitioner in a proceeding under section
169A.53 subpoenas a person described
17.29in
paragraph (a) clause (1) or
(b) (2), to testify at the proceeding, the petitioner is not
17.30required to pay the person witness fees under section
357.22 in excess of $100.
17.31 (b) If the accused person or the accused person's attorney does not comply with
17.32the ten-day requirement described in paragraph (a), the prosecutor is not required to
17.33produce the person who performed the analysis or examination or prepared the report.
17.34In this case, the accused person's right to confront that witness is waived and the report
17.35shall be admitted into evidence.
18.1EFFECTIVE DATE.This section is effective the day following final enactment.
18.2 Sec. 13.
REVISOR'S INSTRUCTION.
18.3 (a) In Minnesota Statutes, sections 171.3215, subdivision 2a; and 609.135,
18.4subdivision 2, the revisor of statutes shall change the references in column A to the
18.5references in column B.
18.6
|
|
Column A
|
Column B
|
18.7
|
|
609.21, subdivision 1
|
609.21, subdivision 1a, paragraph (a)
|
18.8
|
|
609.21, subdivision 2
|
609.21, subdivision 1a, paragraph (b)
|
18.9
|
|
609.21, subdivision 2a
|
609.21, subdivision 1a, paragraph (c)
|
18.10
|
|
609.21, subdivision 2b
|
609.21, subdivision 1a, paragraph (d)
|
18.11
|
|
609.21, subdivision 4
|
609.21, subdivision 1a, paragraph (b)
|
18.12 (b) In Minnesota Statutes, section 609.035, subdivision 1, the revisor of statutes shall
18.13replace the reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a
18.14reference to Minnesota Statutes, section 609.21, subdivision 1b.
18.15 (c) In Minnesota Statutes, section 609.266, the revisor of statutes shall replace the
18.16reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a reference to
18.17Minnesota Statutes, section 609.21, subdivision 1a, paragraphs (a) and (b).
18.18 (d) In Minnesota Statutes, section 169A.03, subdivisions 20 and 21, and Minnesota
18.19Statutes, section 169A.24, subdivision 1, the revisor of statutes shall strike the references
18.20to Minnesota Statutes, section 609.21, subdivision 2, clauses (2) to (6); subdivision 2a,
18.21clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3, clauses (2) to (6); and
18.22subdivision 4, clauses (2) to (6).
18.23EFFECTIVE DATE.This section is effective August 1, 2007.
18.24 Sec. 14.
REPEALER.
18.25 Subdivision 1. Verify auto insurance. Minnesota Statutes 2006, section 169.796,
18.26subdivision 3, is repealed.
18.27 Subd. 2. Suspension of mailed demands. Laws 2005, First Special Session chapter
18.286, article 3, section 91, is repealed.
18.29 Subd. 3. Criminal vehicular operation. Minnesota Statutes 2006, section 609.21,
18.30subdivisions 2, 2a, 2b, 3, and 4, are repealed.
18.31EFFECTIVE DATE.Subdivisions 1 and 2 are effective the day following final
18.32enactment. Subdivision 3 is effective August 1, 2007.
19.1 Section 1.
[504B.206] RIGHT OF VICTIMS OF DOMESTIC ABUSE TO
19.2TERMINATE LEASE.
19.3 Subdivision 1. Right to terminate; procedure.
19.4 A tenant to a residential lease who is a victim of domestic abuse and fears imminent
19.5domestic abuse against the tenant or the tenant's children by remaining in the leased
19.6premises may terminate a lease agreement without penalty or liability, except as provided
19.7by this section, by providing written notice to the landlord stating that the tenant fears
19.8imminent domestic abuse and indicating the specific date the tenant intends to vacate
19.9the premises. The written notice must be delivered by mail, fax, or in person, and be
19.10accompanied by one of the following:
19.11 (1) an order for protection under chapter 518B; or
19.12 (2) a no contact order, currently in effect, issued under section 518B.01, subdivision
19.1322, or chapter 609.
19.14 Subd. 2. Confidentiality of information. Information provided to the landlord by
19.15the victim documenting domestic abuse pursuant to subdivision 1 shall be treated by the
19.16landlord as confidential. The information may not be entered into any shared database
19.17or provided to any entity except when required for use in an eviction proceeding, upon
19.18the consent of the victim, or as otherwise required by law.
19.19 Subd. 3. Liability for rent; termination of tenancy. (a) A tenant terminating a
19.20lease pursuant to subdivision 1 is responsible for one month's rent following the vacation
19.21of the premises and is relieved of any contractual obligation for payment of rent or any
19.22other charges for the remaining term of the lease.
19.23 (b) This section does not affect a tenant's liability for delinquent, unpaid rent or other
19.24sums owed to the landlord before the lease was terminated by the tenant under this section.
19.25 (c) The tenancy terminates, including the right of possession of the premises, when
19.26the tenant surrenders the keys to the premises to the landlord. The one month's rent is due
19.27and payable on or before the date the tenant vacates the premises, as indicated in their
19.28written notice pursuant to subdivision 1. For purposes of this section, the provisions of
19.29section 504B.178 commence upon the first day of the month following either:
19.30 (1) the date the tenant vacates the premises; or
19.31 (2) the date the tenant pays the one month's rent, whichever occurs first.
19.32 A landlord is entitled to compensation under this subdivision only if the landlord
19.33has actually incurred documented damages equal to at least one month's rent as a result
19.34of the tenant's early termination of the lease agreement.
19.35 (d) The provisions of this subdivision do not apply until written notice meeting the
19.36requirements of subdivision 1 is delivered to the landlord.
20.1 Subd. 4. Multiple tenants. Notwithstanding the release of a tenant from a lease
20.2agreement under this section, if there are any remaining tenants residing in the premises
20.3the tenancy shall continue for those remaining tenants. A perpetrator who has been
20.4excluded from the premises under court order remains liable under the lease with any
20.5other tenant of the premises for rent or damage to the premises.
20.6 Subd. 5. Waiver prohibited. A residential tenant may not waive, and a landlord
20.7may not require the residential tenant to waive, the resident tenant's rights under this
20.8section.
20.9 Subd. 6. Definition. For purposes of this section, "domestic abuse" has the meaning
20.10given in section 518B.01, subdivision 2.
20.11EFFECTIVE DATE.This section is effective July 1, 2007.
20.12 Sec. 2. Minnesota Statutes 2006, section 518B.01, subdivision 6a, is amended to read:
20.13 Subd. 6a.
Subsequent orders and extensions. (a) Upon application, notice to
20.14all parties, and hearing, the court may extend the relief granted in an existing order for
20.15protection or, if a petitioner's order for protection is no longer in effect when an application
20.16for subsequent relief is made, grant a new order. The court may extend the terms of an
20.17existing order or, if an order is no longer in effect, grant a new order upon a showing that:
20.18 (1) the respondent has violated a prior or existing order for protection;
20.19 (2) the petitioner is reasonably in fear of physical harm from the respondent;
20.20 (3) the respondent has engaged in acts of harassment or stalking within the meaning
20.21of section
609.749, subdivision 2; or
20.22 (4) the respondent is incarcerated and about to be released, or has recently been
20.23released from incarceration.
20.24 A petitioner does not need to show that physical harm is imminent to obtain an
20.25extension or a subsequent order under this subdivision.
20.26 (b) If the court extends relief in an existing order for protection or grants a new
20.27order, the court may order the respondent to provide the following information to the
20.28court for purposes of service of process: the respondent's home address, the respondent's
20.29employment address, and the names and locations of the respondent's parents, siblings,
20.30children, or other close relatives.
20.31EFFECTIVE DATE.This section is effective July 1, 2007.
20.32 Sec. 3. Minnesota Statutes 2006, section 595.02, subdivision 1, is amended to read:
20.33 Subdivision 1.
Competency of witnesses. Every person of sufficient understanding,
20.34including a party, may testify in any action or proceeding, civil or criminal, in court or
21.1before any person who has authority to receive evidence, except as provided in this
21.2subdivision:
21.3 (a) A husband cannot be examined for or against his wife without her consent, nor a
21.4wife for or against her husband without his consent, nor can either, during the marriage or
21.5afterwards, without the consent of the other, be examined as to any communication made
21.6by one to the other during the marriage. This exception does not apply to a civil action or
21.7proceeding by one against the other, nor to a criminal action or proceeding for a crime
21.8committed by one against the other or against a child of either or against a child under the
21.9care of either spouse, nor to a criminal action or proceeding in which one is charged with
21.10homicide or an attempt to commit homicide and the date of the marriage of the defendant
21.11is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
21.12neglect, dependency, or termination of parental rights.
21.13 (b) An attorney cannot, without the consent of the attorney's client, be examined as
21.14to any communication made by the client to the attorney or the attorney's advice given
21.15thereon in the course of professional duty; nor can any employee of the attorney be
21.16examined as to the communication or advice, without the client's consent.
21.17 (c) A member of the clergy or other minister of any religion shall not, without the
21.18consent of the party making the confession, be allowed to disclose a confession made to
21.19the member of the clergy or other minister in a professional character, in the course of
21.20discipline enjoined by the rules or practice of the religious body to which the member of
21.21the clergy or other minister belongs; nor shall a member of the clergy or other minister of
21.22any religion be examined as to any communication made to the member of the clergy or
21.23other minister by any person seeking religious or spiritual advice, aid, or comfort or advice
21.24given thereon in the course of the member of the clergy's or other minister's professional
21.25character, without the consent of the person.
21.26 (d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the
21.27consent of the patient, be allowed to disclose any information or any opinion based thereon
21.28which the professional acquired in attending the patient in a professional capacity, and
21.29which was necessary to enable the professional to act in that capacity; after the decease
21.30of the patient, in an action to recover insurance benefits, where the insurance has been
21.31in existence two years or more, the beneficiaries shall be deemed to be the personal
21.32representatives of the deceased person for the purpose of waiving this privilege, and no
21.33oral or written waiver of the privilege shall have any binding force or effect except when
21.34made upon the trial or examination where the evidence is offered or received.
21.35 (e) A public officer shall not be allowed to disclose communications made to the
21.36officer in official confidence when the public interest would suffer by the disclosure.
22.1 (f) Persons of unsound mind and persons intoxicated at the time of their production
22.2for examination are not competent witnesses if they lack capacity to remember or to relate
22.3truthfully facts respecting which they are examined.
22.4 (g) A registered nurse, psychologist, consulting psychologist, or licensed social
22.5worker engaged in a psychological or social assessment or treatment of an individual
22.6at the individual's request shall not, without the consent of the professional's client, be
22.7allowed to disclose any information or opinion based thereon which the professional has
22.8acquired in attending the client in a professional capacity, and which was necessary to
22.9enable the professional to act in that capacity. Nothing in this clause exempts licensed
22.10social workers from compliance with the provisions of sections
626.556 and
626.557.
22.11 (h) An interpreter for a person disabled in communication shall not, without the
22.12consent of the person, be allowed to disclose any communication if the communication
22.13would, if the interpreter were not present, be privileged. For purposes of this section, a
22.14"person disabled in communication" means a person who, because of a hearing, speech
22.15or other communication disorder, or because of the inability to speak or comprehend the
22.16English language, is unable to understand the proceedings in which the person is required
22.17to participate. The presence of an interpreter as an aid to communication does not destroy
22.18an otherwise existing privilege.
22.19 (i) Licensed chemical dependency counselors shall not disclose information or
22.20an opinion based on the information which they acquire from persons consulting them
22.21in their professional capacities, and which was necessary to enable them to act in that
22.22capacity, except that they may do so:
22.23 (1) when informed consent has been obtained in writing, except in those
22.24circumstances in which not to do so would violate the law or would result in clear and
22.25imminent danger to the client or others;
22.26 (2) when the communications reveal the contemplation or ongoing commission
22.27of a crime; or
22.28 (3) when the consulting person waives the privilege by bringing suit or filing charges
22.29against the licensed professional whom that person consulted.
22.30 (j) A parent or the parent's minor child may not be examined as to any communication
22.31made in confidence by the minor to the minor's parent. A communication is confidential if
22.32made out of the presence of persons not members of the child's immediate family living
22.33in the same household. This exception may be waived by express consent to disclosure
22.34by a parent entitled to claim the privilege or by the child who made the communication
22.35or by failure of the child or parent to object when the contents of a communication are
22.36demanded. This exception does not apply to a civil action or proceeding by one spouse
23.1against the other or by a parent or child against the other, nor to a proceeding to commit
23.2either the child or parent to whom the communication was made or to place the person or
23.3property or either under the control of another because of an alleged mental or physical
23.4condition, nor to a criminal action or proceeding in which the parent is charged with a
23.5crime committed against the person or property of the communicating child, the parent's
23.6spouse, or a child of either the parent or the parent's spouse, or in which a child is charged
23.7with a crime or act of delinquency committed against the person or property of a parent
23.8or a child of a parent, nor to an action or proceeding for termination of parental rights,
23.9nor any other action or proceeding on a petition alleging child abuse, child neglect,
23.10abandonment or nonsupport by a parent.
23.11 (k) Sexual assault counselors may not be
compelled to testify about allowed to
23.12disclose any opinion or information received from or about the victim without the consent
23.13of the victim. However, a counselor may be compelled to identify or disclose information
23.14in investigations or proceedings related to neglect or termination of parental rights if the
23.15court determines good cause exists. In determining whether to compel disclosure, the
23.16court shall weigh the public interest and need for disclosure against the effect on the
23.17victim, the treatment relationship, and the treatment services if disclosure occurs. Nothing
23.18in this clause exempts sexual assault counselors from compliance with the provisions
23.19of sections
626.556 and
626.557.
23.20 "Sexual assault counselor" for the purpose of this section means a person who has
23.21undergone at least 40 hours of crisis counseling training and works under the direction
23.22of a supervisor in a crisis center, whose primary purpose is to render advice, counseling,
23.23or assistance to victims of sexual assault.
23.24 (l) A person cannot be examined as to any communication or document, including
23.25worknotes, made or used in the course of or because of mediation pursuant to an
23.26agreement to mediate. This does not apply to the parties in the dispute in an application
23.27to a court by a party to have a mediated settlement agreement set aside or reformed.
23.28A communication or document otherwise not privileged does not become privileged
23.29because of this paragraph. This paragraph is not intended to limit the privilege accorded
23.30to communication during mediation by the common law.
23.31 (m) A child under ten years of age is a competent witness unless the court finds that
23.32the child lacks the capacity to remember or to relate truthfully facts respecting which the
23.33child is examined. A child describing any act or event may use language appropriate for
23.34a child of that age.
23.35 (n) A communication assistant for a telecommunications relay system for
23.36communication-impaired persons shall not, without the consent of the person making the
24.1communication, be allowed to disclose communications made to the communication
24.2assistant for the purpose of relaying.
24.3EFFECTIVE DATE.This section is effective July 1, 2007.
24.4 Sec. 4. Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:
24.5 Subd. 5.
Restraining order. (a) The court may grant a restraining order ordering
24.6the respondent to cease or avoid the harassment of another person or to have no contact
24.7with that person if all of the following occur:
24.8 (1) the petitioner has filed a petition under subdivision 3;
24.9 (2) the sheriff has served respondent with a copy of the temporary restraining order
24.10obtained under subdivision 4, and with notice of the right to request a hearing, or service
24.11has been made by publication under subdivision 3, paragraph (b); and
24.12 (3) the court finds at the hearing that there are reasonable grounds to believe that
24.13the respondent has engaged in harassment.
24.14A restraining order may be issued only against the respondent named in the petition;
24.15except that if the respondent is an organization, the order may be issued against and apply
24.16to all of the members of the organization. Relief granted by the restraining order must be
24.17for a fixed period of not more than two years. When a referee presides at the hearing on
24.18the petition, the restraining order becomes effective upon the referee's signature.
24.19 If the petitioner has had one or more restraining orders in effect against the
24.20respondent, the court may order the respondent to provide the following information to the
24.21court for purposes of service of process: the respondent's home address, the respondent's
24.22employment address, and the names and locations of the respondent's parents, siblings,
24.23children, or other close relatives.
24.24 (b) An order issued under this subdivision must be personally served upon the
24.25respondent.
If personal service cannot be made, the court may order service by alternate
24.26means, or by publication, which publication must be made as in other actions. The
24.27application for alternate service must include the last known location of the respondent;
24.28the petitioner's most recent contacts with the respondent; the last known location of the
24.29respondent's employment; the names and locations of the respondent's parents, siblings,
24.30children, and other close relatives; the names and locations of other persons who are likely
24.31to know the respondent's whereabouts; and a description of efforts to locate those persons.
24.32The court shall consider the length of time the respondent's location has been unknown,
24.33the likelihood that the respondent's location will become known, the nature of the relief
24.34sought, and the nature of efforts made to locate the respondent. The court shall order
24.35service by first class mail, forwarding address requested, to any addresses where there is a
25.1reasonable possibility that mail or information will be forwarded or communicated to the
25.2respondent. The court may also order publication, within or without the state, but only if it
25.3might reasonably succeed in notifying the respondent of the proceeding. Service shall be
25.4deemed complete 14 days after mailing or 14 days after court-ordered publication.
25.5EFFECTIVE DATE.This section is effective July 1, 2007.
25.6 Sec. 5. Minnesota Statutes 2006, section 611A.036, subdivision 2, is amended to read:
25.7 Subd. 2.
Victim's spouse or next of kin. An employer must allow a victim of a
25.8heinous violent crime, as well as the victim's spouse or next of kin, reasonable time off
25.9from work to attend criminal proceedings related to the victim's case.
25.10EFFECTIVE DATE.This section is effective July 1, 2007.
25.11 Sec. 6. Minnesota Statutes 2006, section 611A.036, subdivision 7, is amended to read:
25.12 Subd. 7.
Definition. As used in this section,
"heinous crime" "violent crime" means
25.13a violation or attempt to violate any of the following:
section 609.185; 609.19; 609.195;
25.14609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.2231; 609.2241; 609.2242;
25.15609.2245; 609.2247; 609.228; 609.23; 609.231; 609.2325; 609.233; 609.235; 609.24;
25.16609.245; 609.25; 609.255; 609.265; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665;
25.17609.267; 609.2671; 609.2672; 609.268; 609.282; 609.342; 609.343; 609.344; 609.345;
25.18609.3451; 609.3453; 609.352; 609.377; 609.378; 609.561, subdivision 1; 609.582,
25.19subdivision 1, paragraph (a) or (c); or 609.66, subdivision 1e, paragraph (b).
25.20 (1) a violation or attempted violation of section
609.185 or
609.19;
25.21 (2) a violation of section
609.195 or
609.221; or
25.22 (3) a violation of section
609.342,
609.343, or
609.344, if the offense was committed
25.23with force or violence or if the complainant was a minor at the time of the offense.
25.24EFFECTIVE DATE.This section is effective July 1, 2007.
25.25 Sec. 7.
[611A.26] POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL
25.26CONDUCT COMPLAINTS; LIMITATIONS.
25.27 Subdivision 1. Polygraph prohibition. No law enforcement agency or prosecutor
25.28shall require that a complainant of a criminal sexual conduct offense submit to a polygraph
25.29examination as part of or a condition to proceeding with the investigation, charging,
25.30or prosecution of such offense.
25.31 Subd. 2. Law enforcement inquiry. A law enforcement agency or prosecutor
25.32may ask that a complainant of a criminal sexual conduct offense submit to a polygraph
25.33examination prior to proceeding with the investigation, charging, or prosecution of such
26.1offense provided that the complainant has been referred to and consulted with a sexual
26.2assault counselor as defined in section 595.02, subdivision 1, paragraph (k).
26.3 Subd. 3. Informed consent requirement. At the request of the complainant, a law
26.4enforcement agency may conduct a polygraph examination of the complainant only with
26.5the complainant's written, informed consent as provided in subdivision 3.
26.6 Subd. 4. Informed consent. To consent to a polygraph, a complainant must be
26.7informed in writing that:
26.8 (1) the taking of the polygraph examination is voluntary and solely at the victim's
26.9request;
26.10 (2) a law enforcement agency or prosecutor may not ask or require that the
26.11complainant submit to a polygraph examination;
26.12 (3) the results of the examination are not admissible in court; and
26.13 (4) the complainant's refusal to take a polygraph examination may not be used
26.14as a basis by the law enforcement agency or prosecutor not to investigate, charge, or
26.15prosecute the offender.
26.16 Subd. 5. Polygraph refusal. A complainant's refusal to submit to a polygraph
26.17examination shall not prevent the investigation, charging, or prosecution of the offense.
26.18 Subd. 6. Definitions. For the purposes of this section, the following terms have
26.19the meanings given.
26.20 (a) "Criminal sexual conduct" means a violation of section 609.342, 609.343,
26.21609.344, 609.345, or 609.3451.
26.22 (b) "Complainant" means a person reporting to have been subjected to criminal
26.23sexual conduct.
26.24 (c) "Polygraph examination" means any mechanical or electrical instrument or
26.25device of any type used or allegedly used to examine, test, or question individuals for
26.26the purpose of determining truthfulness.
26.27EFFECTIVE DATE.This section is effective July 1, 2007.
26.29COURTS AND PUBLIC DEFENDERS
26.30 Section 1. Minnesota Statutes 2006, section 3.732, subdivision 1, is amended to read:
26.31 Subdivision 1.
Definitions. As used in this section and section
3.736 the terms
26.32defined in this section have the meanings given them.
26.33 (1) "State" includes each of the departments, boards, agencies, commissions, courts,
26.34and officers in the executive, legislative, and judicial branches of the state of Minnesota
26.35and includes but is not limited to the Housing Finance Agency, the Minnesota Office of
27.1Higher Education, the Higher Education Facilities Authority, the Health Technology
27.2Advisory Committee, the Armory Building Commission, the Zoological Board, the Iron
27.3Range Resources and Rehabilitation Board, the State Agricultural Society, the University
27.4of Minnesota, the Minnesota State Colleges and Universities, state hospitals, and state
27.5penal institutions. It does not include a city, town, county, school district, or other local
27.6governmental body corporate and politic.
27.7 (2) "Employee of the state" means all present or former officers, members, directors,
27.8or employees of the state, members of the Minnesota National Guard, members of a
27.9bomb disposal unit approved by the commissioner of public safety and employed by a
27.10municipality defined in section
466.01 when engaged in the disposal or neutralization of
27.11bombs or other similar hazardous explosives, as defined in section
299C.063, outside the
27.12jurisdiction of the municipality but within the state, or persons acting on behalf of the state
27.13in an official capacity, temporarily or permanently, with or without compensation. It does
27.14not include either an independent contractor
except, for purposes of this section and
27.15section 3.736 only, a guardian ad litem acting under court appointment, or members of the
27.16Minnesota National Guard while engaged in training or duty under United States Code,
27.17title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December
27.1831, 1983. Notwithstanding sections
43A.02 and
611.263, for purposes of this section and
27.19section
3.736 only, "employee of the state" includes a district public defender or assistant
27.20district public defender in the Second or Fourth Judicial District and a member of the
27.21Health Technology Advisory Committee.
27.22 (3) "Scope of office or employment" means that the employee was acting on behalf
27.23of the state in the performance of duties or tasks lawfully assigned by competent authority.
27.24 (4) "Judicial branch" has the meaning given in section
43A.02, subdivision 25.
27.25EFFECTIVE DATE.This section is effective July 1, 2007.
27.26 Sec. 2. Minnesota Statutes 2006, section 3.736, subdivision 1, is amended to read:
27.27 Subdivision 1.
General rule. The state will pay compensation for injury to or loss
27.28of property or personal injury or death caused by an act or omission of an employee of
27.29the state while acting within the scope of office or employment or a peace officer who is
27.30not acting on behalf of a private employer and who is acting in good faith under section
27.31629.40, subdivision 4
, under circumstances where the state, if a private person, would be
27.32liable to the claimant, whether arising out of a governmental or proprietary function.
27.33Nothing in this section waives the defense of judicial
, quasi-judicial, or legislative
27.34immunity except to the extent provided in subdivision 8.
27.35EFFECTIVE DATE.This section is effective July 1, 2007.
28.1 Sec. 3. Minnesota Statutes 2006, section 15A.083, subdivision 4, is amended to read:
28.2 Subd. 4.
Ranges for other judicial positions. Salaries or salary ranges are provided
28.3for the following positions in the judicial branch of government. The appointing authority
28.4of any position for which a salary range has been provided shall fix the individual salary
28.5within the prescribed range, considering the qualifications and overall performance of the
28.6employee.
The Supreme Court shall set the salary of the state court administrator and the
28.7salaries of district court administrators. The salary of the state court administrator or a
28.8district court administrator may not exceed the salary of a district court judge. If district
28.9court administrators die, the amounts of their unpaid salaries for the months in which
28.10their deaths occur must be paid to their estates. The salary of the state public defender
28.11shall be fixed by the State Board of Public Defense but must not exceed the salary of a
28.12district court judge.
28.13
|
|
Salary or Range
|
28.14
|
|
Effective
|
28.15
|
|
July 1, 1994
|
28.16
28.17
28.18
|
Board on Judicial
Standards executive
director
|
$44,000-60,000
|
28.19EFFECTIVE DATE.This section is effective July 1, 2007.
28.20 Sec. 4. Minnesota Statutes 2006, section 260C.193, subdivision 6, is amended to read:
28.21 Subd. 6.
Termination of jurisdiction. The court may dismiss the petition or
28.22otherwise terminate its jurisdiction on its own motion or on the motion or petition of any
28.23interested party at any time. Unless terminated by the court, and except as otherwise
28.24provided in this subdivision, the jurisdiction of the court shall continue until the individual
28.25becomes 19 years of age if the court determines it is in the best interest of the individual
28.26to do so.
Court jurisdiction under section
260C.007, subdivision 6, clause (14), may
28.27not continue past the child's 18th birthday.
28.28EFFECTIVE DATE.This section is effective July 1, 2007.
28.29 Sec. 5. Minnesota Statutes 2006, section 270A.03, subdivision 5, is amended to read:
28.30 Subd. 5.
Debt. "Debt" means a legal obligation of a natural person to pay a fixed
28.31and certain amount of money, which equals or exceeds $25 and which is due and payable
28.32to a claimant agency. The term includes criminal fines imposed under section
609.10 or
28.33609.125
, fines imposed for petty misdemeanors as defined in section
609.02, subdivision
28.344a
, and restitution.
The term also includes the co-payment for the appointment of a district
28.35public defender imposed under section
611.17, paragraph (c). A debt may arise under a
29.1contractual or statutory obligation, a court order, or other legal obligation, but need not
29.2have been reduced to judgment.
29.3 A debt includes any legal obligation of a current recipient of assistance which is
29.4based on overpayment of an assistance grant where that payment is based on a client
29.5waiver or an administrative or judicial finding of an intentional program violation;
29.6or where the debt is owed to a program wherein the debtor is not a client at the time
29.7notification is provided to initiate recovery under this chapter and the debtor is not a
29.8current recipient of food support, transitional child care, or transitional medical assistance.
29.9 A debt does not include any legal obligation to pay a claimant agency for medical
29.10care, including hospitalization if the income of the debtor at the time when the medical
29.11care was rendered does not exceed the following amount:
29.12 (1) for an unmarried debtor, an income of $8,800 or less;
29.13 (2) for a debtor with one dependent, an income of $11,270 or less;
29.14 (3) for a debtor with two dependents, an income of $13,330 or less;
29.15 (4) for a debtor with three dependents, an income of $15,120 or less;
29.16 (5) for a debtor with four dependents, an income of $15,950 or less; and
29.17 (6) for a debtor with five or more dependents, an income of $16,630 or less.
29.18 The income amounts in this subdivision shall be adjusted for inflation for debts
29.19incurred in calendar years 2001 and thereafter. The dollar amount of each income level
29.20that applied to debts incurred in the prior year shall be increased in the same manner
29.21as provided in section 1(f) of the Internal Revenue Code of 1986, as amended through
29.22December 31, 2000, except that for the purposes of this subdivision the percentage increase
29.23shall be determined from the year starting September 1, 1999, and ending August 31, 2000,
29.24as the base year for adjusting for inflation for debts incurred after December 31, 2000.
29.25 Debt also includes an agreement to pay a MinnesotaCare premium, regardless of the
29.26dollar amount of the premium authorized under section
256L.15, subdivision 1a.
29.27EFFECTIVE DATE.This section is effective July 1, 2007.
29.28 Sec. 6. Minnesota Statutes 2006, section 352D.02, subdivision 1, is amended to read:
29.29 Subdivision 1.
Coverage. (a) Employees enumerated in paragraph (c), clauses (2),
29.30(3), (4), and (6) to (14), if they are in the unclassified service of the state or Metropolitan
29.31Council and are eligible for coverage under the general state employees retirement plan
29.32under chapter 352, are participants in the unclassified plan under this chapter unless the
29.33employee gives notice to the executive director of the Minnesota State Retirement System
29.34within one year following the commencement of employment in the unclassified service
29.35that the employee desires coverage under the general state employees retirement plan.
30.1For the purposes of this chapter, an employee who does not file notice with the executive
30.2director is deemed to have exercised the option to participate in the unclassified plan.
30.3 (b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified
30.4program under this chapter unless the person was eligible to elect different coverage under
30.5section
3A.07 and elected retirement coverage by the applicable alternative retirement
30.6plan. Persons referenced in paragraph (c), clause (15), are participants in the unclassified
30.7program under this chapter for judicial employment in excess of the service credit limit in
30.8section
490.121, subdivision 22.
30.9 (c) Enumerated employees and referenced persons are:
30.10 (1) the governor, the lieutenant governor, the secretary of state, the state auditor,
30.11and the attorney general;
30.12 (2) an employee in the Office of the Governor, Lieutenant Governor, Secretary
30.13of State, State Auditor, Attorney General;
30.14 (3) an employee of the State Board of Investment;
30.15 (4) the head of a department, division, or agency created by statute in the unclassified
30.16service, an acting department head subsequently appointed to the position, or an employee
30.17enumerated in section
15A.0815 or
15A.083, subdivision 4;
30.18 (5) a member of the legislature;
30.19 (6) a full-time unclassified employee of the legislature or a commission or agency of
30.20the legislature who is appointed without a limit on the duration of the employment or a
30.21temporary legislative employee having shares in the supplemental retirement fund as a
30.22result of former employment covered by this chapter, whether or not eligible for coverage
30.23under the Minnesota State Retirement System;
30.24 (7) a person who is employed in a position established under section
43A.08,
30.25subdivision 1
, clause (3), or in a position authorized under a statute creating or establishing
30.26a department or agency of the state, which is at the deputy or assistant head of department
30.27or agency or director level;
30.28 (8) the regional administrator, or executive director of the Metropolitan Council,
30.29general counsel, division directors, operations managers, and other positions as designated
30.30by the council, all of which may not exceed 27 positions at the council and the chair;
30.31 (9) the executive director, associate executive director, and not to exceed nine
30.32positions of the Minnesota Office of Higher Education in the unclassified service, as
30.33designated by the Minnesota Office of Higher Education before January 1, 1992, or
30.34subsequently redesignated with the approval of the board of directors of the Minnesota
30.35State Retirement System, unless the person has elected coverage by the individual
30.36retirement account plan under chapter 354B;
31.1 (10) the clerk of the appellate courts appointed under article VI, section 2, of the
31.2Constitution of the state of Minnesota
, the state court administrator and judicial district
31.3administrators;
31.4 (11) the chief executive officers of correctional facilities operated by the Department
31.5of Corrections and of hospitals and nursing homes operated by the Department of Human
31.6Services;
31.7 (12) an employee whose principal employment is at the state ceremonial house;
31.8 (13) an employee of the Minnesota Educational Computing Corporation;
31.9 (14) an employee of the State Lottery who is covered by the managerial plan
31.10established under section
43A.18, subdivision 3; and
31.11 (15) a judge who has exceeded the service credit limit in section
490.121,
31.12subdivision 22
.
31.13EFFECTIVE DATE.This section is effective July 1, 2007.
31.14 Sec. 7. Minnesota Statutes 2006, section 484.54, subdivision 2, is amended to read:
31.15 Subd. 2.
Expense payments. A judge shall be paid travel and subsistence expenses
31.16for travel from the judge's place of residence to and from the judge's permanent chambers
31.17only for a period of two years
after July 1, 1977, or the date the judge initially assumes
31.18office, whichever is later as provided by Judicial Council policy.
31.19EFFECTIVE DATE.This section is effective July 1, 2007.
31.20 Sec. 8. Minnesota Statutes 2006, section 484.83, is amended to read:
31.21484.83 REINSTATEMENT OF FORFEITED SUMS.
31.22 Subdivision 1. Abandonment of fees. All sums deposited with the court
31.23administrator to cover fees shall be deemed abandoned if the fees are not disbursed or
31.24the services covered by the fees are not performed and the person entitled to refund of
31.25the fees does not file a written demand for refund with the court administrator within
31.26six months from the date of trial, dismissal, or striking of the cause as to jury fees and
31.27from the date of deposit as to other fees.
31.28 Subd. 2. Bail forfeitures. Any bail not forfeited by court order shall be deemed
31.29abandoned and forfeited if the person entitled to refund does not file a written demand
31.30for refund with the court administrator within six months from the date when the person
31.31became entitled to the refund.
31.32 Subd. 3. Reinstated forfeited sums. A district court judge may order any sums
31.33forfeited to be reinstated and the commissioner of finance shall then refund accordingly.
31.34The commissioner of finance shall reimburse the court administrator if the court
32.1administrator refunds the deposit upon a judge's order and obtains a receipt to be used
32.2as a voucher.
32.3EFFECTIVE DATE.This section is effective July 1, 2007.
32.4 Sec. 9. Minnesota Statutes 2006, section 504B.361, subdivision 1, is amended to read:
32.5 Subdivision 1.
Summons and writ. (a) The
state court administrator shall develop a
32.6uniform form for the summons and writ of recovery of premises and order to vacate
32.7may be substantially in the forms in paragraphs (b) and (c).
32.8 (b)
32.10
|
State of Minnesota
)
|
|
32.11
|
)
|
ss.
|
32.12
|
County of
)
|
|
32.13 Whereas, ..............., of ..........., has filed with the undersigned, a judge of county
32.14stated, a complaint against ..............., of .........., a copy of which is attached: You
32.15are hereby summoned to appear before the undersigned on the .......... day of ..........,
32.16year.........., at .......... o'clock ...m., at .........., to answer and defend against the complaint
32.17and to further be dealt with according to law.
32.18
|
|
Dated at ........, this ........ day of ........, year ......
|
32.19
|
|
,
|
32.20
|
|
Judge of
court.
|
32.21 (c)
32.22FORM OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE
32.23
|
State of Minnesota
)
|
|
32.24
|
)
|
ss.
|
32.25
|
County of
)
|
|
32.26 The State of Minnesota, to the Sheriff of the County:
32.27 Whereas, ..............., the plaintiff, of ..............., in an eviction action, at a court held
32.28at ..............., in the county of ....................., on the ............... day of ..............., year
32.29..............., before ..............., a judge of the county, recovered a judgment against ...............,
32.30the ..............., to have recovery of the following premises (describe here the property
32.31as in the complaint): ..................
32.32 Therefore, you are commanded that, taking with you the force of the county, if
32.33necessary, you cause ................. to be immediately removed from the premises, and the
32.34plaintiff to recover the premises. You are also commanded that from the personal property
32.35of ........................ within the county that you seize and sell, the plaintiff be paid ............ .
33.1dollars, as the costs assessed against the defendant, together with 25 cents for this writ.
33.2You are ordered to return this writ within 30 days.
33.3
|
|
Dated at ....., this ..... day of ....., year ....
|
33.4
|
|
,
|
33.5
|
|
Judge of
court.
|
33.6EFFECTIVE DATE.This section is effective July 1, 2007.
33.7 Sec. 10. Minnesota Statutes 2006, section 518.165, subdivision 1, is amended to read:
33.8 Subdivision 1.
Permissive appointment of guardian ad litem. In all proceedings
33.9for child custody or for dissolution or legal separation where custody or parenting time
33.10with a minor child is in issue, the court may appoint a guardian ad litem from a panel
33.11established by the court to represent the interests of the child. The guardian ad litem shall
33.12advise the court with respect to custody
, support, and parenting time.
33.13EFFECTIVE DATE.This section is effective July 1, 2007.
33.14 Sec. 11. Minnesota Statutes 2006, section 518.165, subdivision 2, is amended to read:
33.15 Subd. 2.
Required appointment of guardian ad litem. In all proceedings for child
33.16custody or for marriage dissolution or legal separation in which custody or parenting time
33.17with a minor child is an issue, if the court has reason to believe that the minor child is a
33.18victim of domestic child abuse or neglect, as those terms are defined in sections
260C.007
33.19and
626.556, respectively, the court shall appoint a guardian ad litem. The guardian
33.20ad litem shall represent the interests of the child and advise the court with respect to
33.21custody
, support, and parenting time. If the child is represented by a guardian ad litem in
33.22any other pending proceeding, the court may appoint that guardian to represent the child
33.23in the custody or parenting time proceeding. No guardian ad litem need be appointed if
33.24the alleged domestic child abuse or neglect is before the court on a juvenile dependency
33.25and neglect petition. Nothing in this subdivision requires the court to appoint a guardian
33.26ad litem in any proceeding for child custody, marriage dissolution, or legal separation in
33.27which an allegation of domestic child abuse or neglect has not been made.
33.28EFFECTIVE DATE.This section is effective July 1, 2007.
33.29 Sec. 12. Minnesota Statutes 2006, section 518A.35, subdivision 3, is amended to read:
33.30 Subd. 3.
Income cap on determining basic support. (a) The basic support
33.31obligation for parents with a combined parental income for determining child support in
33.32excess of the income limit currently in effect under subdivision 2 must be the same dollar
33.33amount as provided for the parties with a combined parental income for determining child
33.34support equal to the income in effect under subdivision 2.
34.1 (b) A court may order a basic support obligation in a child support order in an
34.2amount that exceeds the income limit in subdivision 2 if it finds that a child has a disability
34.3or other substantial, demonstrated need for the additional support for those reasons set
34.4forth in section
518A.43 and that the additional support will directly benefit the child.
34.5 (c) The dollar amount for the cap in subdivision 2 must be adjusted on July 1 of
34.6every even-numbered year to reflect cost-of-living changes. The Supreme Court must
34.7select the index for the adjustment from the indices listed in section
518A.75, subdivision
34.81. The state court administrator must make the changes in the dollar amounts required
34.9by this paragraph available to courts and the public on or before April 30 of the year in
34.10which the amount is to change.
34.11EFFECTIVE DATE.This section is effective July 1, 2007.
34.12 Sec. 13. Minnesota Statutes 2006, section 563.01, is amended by adding a subdivision
34.13to read:
34.14 Subd. 7a. Copy costs. The court administrator shall provide a person who is
34.15proceeding in forma pauperis with copies of the person's court file without charge.
34.16EFFECTIVE DATE.This section is effective July 1, 2007.
34.17 Sec. 14. Minnesota Statutes 2006, section 590.05, is amended to read:
34.18590.05 INDIGENT PETITIONERS.
34.19 A person financially unable to obtain counsel who desires to pursue the remedy
34.20provided in section
590.01 may apply for representation by the state public defender.
34.21The state public defender shall represent such person under the applicable provisions
34.22of sections
611.14 to
611.27, if the person has not already had a direct appeal of the
34.23conviction.
If, however, the person pled guilty and received a presumptive sentence or a
34.24downward departure in sentence, and the state public defender reviewed the person's case
34.25and determined that there was no basis for an appeal of the conviction or of the sentence,
34.26then the state public defender may decline to represent the person in a postconviction
34.27remedy case. The state public defender may represent, without charge, all other persons
34.28pursuing a postconviction remedy under section
590.01, who are financially unable
34.29to obtain counsel.
34.30EFFECTIVE DATE.This section is effective July 1, 2007.
34.31 Sec. 15. Minnesota Statutes 2006, section 609.135, subdivision 8, is amended to read:
34.32 Subd. 8.
Fine and surcharge collection. A defendant's obligation to pay
34.33court-ordered fines, surcharges, court costs,
restitution, and fees shall survive for a period
34.34of six years from the date of the expiration of the defendant's stayed sentence for the
35.1offense for which the fines, surcharges, court costs,
restitution, and fees were imposed, or
35.2six years from the imposition or due date of the fines, surcharges, court costs,
restitution,
35.3and fees, whichever is later. Nothing in this subdivision extends the period of a defendant's
35.4stay of sentence imposition or execution.
35.5EFFECTIVE DATE.This section is effective July 1, 2007.
35.6 Sec. 16. Minnesota Statutes 2006, section 611.14, is amended to read:
35.7611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
35.8 The following persons who are financially unable to obtain counsel are entitled to be
35.9represented by a public defender:
35.10 (1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
35.11person charged under sections
629.01 to
629.29;
35.12 (2) a person appealing from a conviction of a felony or gross misdemeanor, or
35.13a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction
35.14proceeding and who has not already had a direct appeal of the conviction
, but if the person
35.15pled guilty and received a presumptive sentence or a downward departure in sentence,
35.16and the state public defender reviewed the person's case and determined that there was no
35.17basis for an appeal of the conviction or of the sentence, then the state public defender may
35.18decline to represent the person in a postconviction remedy case;
35.19 (3) a person who is entitled to be represented by counsel under section
609.14,
35.20subdivision 2
; or
35.21 (4) a minor ten years of age or older who is entitled to be represented by counsel
35.22under section
260B.163, subdivision 4, or
260C.163, subdivision 3.
35.23EFFECTIVE DATE.This section is effective July 1, 2007.
35.24 Sec. 17. Minnesota Statutes 2006, section 611.20, subdivision 6, is amended to read:
35.25 Subd. 6.
Reimbursement schedule guidelines. In determining a defendant's
35.26reimbursement schedule, the court may derive a specific dollar amount per month
35.27by multiplying the defendant's net income by the percent indicated by the following
35.28guidelines:
35.29
35.30
|
Net Income Per Month
of Defendant
|
|
Number of Dependents Not
Including Defendant
|
|
|
|
35.31
35.32
|
|
|
4 or
more
|
|
3
|
|
2
|
|
1
|
|
0
|
35.33
35.34
|
$200 and Below
|
|
Percentage based on the ability of the defendant to
pay as determined by the court.
|
35.35
|
$200 - 350
|
|
8%
|
|
9.5%
|
|
11%
|
|
12.5%
|
|
14%
|
35.36
|
$351 - 500
|
|
9%
|
|
11%
|
|
12.5%
|
|
14%
|
|
15%
|
36.1
|
$501 - 650
|
|
10%
|
|
12%
|
|
14%
|
|
15%
|
|
17%
|
36.2
|
$651 - 800
|
|
11%
|
|
13.5%
|
|
15.5%
|
|
17%
|
|
19%
|
36.3
|
$801 and above
|
|
12%
|
|
14.5%
|
|
17%
|
|
19%
|
|
20%
|
36.4 "Net income" shall have the meaning given it in section
518.551, subdivision 5.
36.5EFFECTIVE DATE.This section is effective July 1, 2007.
36.6 Sec. 18. Minnesota Statutes 2006, section 611.215, subdivision 1, is amended to read:
36.7 Subdivision 1.
Structure; membership. (a) The State Board of Public Defense
36.8is a part of, but is not subject to the administrative control of, the judicial branch of
36.9government. The State Board of Public Defense shall consist of seven members including:
36.10 (1) four attorneys admitted to the practice of law, well acquainted with the defense
36.11of persons accused of crime, but not employed as prosecutors, appointed by the Supreme
36.12Court; and
36.13 (2) three public members appointed by the governor.
36.14 After the expiration of the terms of persons appointed to the board before March
36.151, 1991, The appointing authorities may not appoint a person who is a judge to be a
36.16member of the State Board of Public Defense, other than as a member of the ad hoc
36.17Board of Public Defense.
36.18 (b) All members shall demonstrate an interest in maintaining a high quality,
36.19independent defense system for those who are unable to obtain adequate representation.
36.20Appointments to the board shall include qualified women and members of minority
36.21groups. At least three members of the board shall be from judicial districts other than the
36.22First, Second, Fourth, and Tenth Judicial Districts. The terms, compensation, and removal
36.23of members shall be as provided in section
15.0575. The chair shall be elected by the
36.24members from among the membership for a term of two years.
36.25 (c) In addition, the State Board of Public Defense shall consist of a nine-member ad
36.26hoc board when considering the appointment of district public defenders under section
36.27611.26, subdivision 2
. The terms of chief district public defenders currently serving shall
36.28terminate in accordance with the staggered term schedule set forth in section
611.26,
36.29subdivision 2
.
36.30EFFECTIVE DATE.This section is effective July 1, 2007.
36.31 Sec. 19. Minnesota Statutes 2006, section 611.215, subdivision 1a, is amended to read:
36.32 Subd. 1a.
Chief administrator. The
State Board of Public Defense, with the advice
36.33of the state public defender
, shall appoint a chief administrator who must be chosen
36.34solely on the basis of training, experience, and other qualifications, and who will serve
36.35at the pleasure of the
state public defender State Board of Public Defense. The chief
37.1administrator need not be licensed to practice law. The chief administrator shall attend all
37.2meetings of the board, but may not vote, and shall:
37.3 (1) enforce all resolutions, rules, regulations, or orders of the board;
37.4 (2) present to the board and the state public defender plans, studies, and reports
37.5prepared for the board's and the state public defender's purposes and recommend to the
37.6board and the state public defender for adoption measures necessary to enforce or carry
37.7out the powers and duties of the board and the state public defender, or to efficiently
37.8administer the affairs of the board and the state public defender;
37.9 (3) keep the board fully advised as to its financial condition, and prepare and submit
37.10to the board its annual budget and other financial information as it may request;
37.11 (4) recommend to the board the adoption of rules and regulations necessary for the
37.12efficient operation of the board and its functions; and
37.13 (5) perform other duties prescribed by the board and the state public defender.
37.14EFFECTIVE DATE.This section is effective July 1, 2007.
37.15 Sec. 20. Minnesota Statutes 2006, section 611.23, is amended to read:
37.16611.23 OFFICE OF STATE PUBLIC DEFENDER; APPOINTMENT;
37.17SALARY.
37.18 The state public defender is responsible to the State Board of Public Defense.
The
37.19state public defender shall supervise the operation, activities, policies, and procedures
37.20of the statewide public defender system. When requested by a district public defender
37.21or appointed counsel, the state public defender may assist the district public defender,
37.22appointed counsel, or an organization designated in section 611.216 in the performance
37.23of duties, including trial representation in matters involving legal conflicts of interest or
37.24other special circumstances, and assistance with legal research and brief preparation.
37.25The state public defender shall be appointed by the State Board of Public Defense for a
37.26term of four years, except as otherwise provided in this section, and until a successor is
37.27appointed and qualified. The state public defender shall be a full-time qualified attorney,
37.28licensed to practice law in this state, serve in the unclassified service of the state, and
37.29be removed only for cause by the appointing authority. Vacancies in the office shall be
37.30filled by the appointing authority for the unexpired term. The salary of the state public
37.31defender shall be fixed by the State Board of Public Defense but must not exceed the
37.32salary of a district court judge. Terms of the state public defender shall commence on July
37.331. The state public defender shall devote full time to the performance of duties and shall
37.34not engage in the general practice of law.
37.35EFFECTIVE DATE.This section is effective July 1, 2007.
38.1 Sec. 21. Minnesota Statutes 2006, section 611.24, is amended to read:
38.2611.24 CHIEF APPELLATE PUBLIC DEFENDER; ORGANIZATION OF
38.3OFFICE; ASSISTANTS.
38.4 The state public defender shall supervise the operation, activities, policies and
38.5procedures of the state public defender system. The state public defender shall employ or
38.6retain assistant state public defenders, a chief administrator, a deputy state (a) Beginning
38.7January 1, 2007, and for every four years after that date, the State Board of Public Defense
38.8shall appoint a chief appellate public defender in charge of appellate services,
who shall
38.9employ or retain assistant state public defenders and other personnel as may be necessary
38.10to discharge the functions of the office.
The chief appellate public defender shall serve a
38.11four-year term and may be removed only for cause upon the order of the State Board of
38.12Public Defense. The chief appellate public defender shall be a full-time qualified attorney,
38.13licensed to practice law in this state, and serve in the unclassified service of the state.
38.14Vacancies in the office shall be filled by the appointing authority for the unexpired term.
38.15 (b) An assistant state public defender shall be a qualified attorney, licensed to
38.16practice law in this state, serve in the unclassified service of the state if employed, and
38.17serve at the pleasure of the appointing authority at a salary or retainer fee not to exceed
38.18reasonable compensation for comparable services performed for other governmental
38.19agencies or departments. Retained or part-time employed assistant state public defenders
38.20may engage in the general practice of law.
The compensation of the chief appellate public
38.21defender and the compensation of each assistant state public defender shall be set by the
38.22State Board of Public Defense. The chief appellate public defender shall devote full time
38.23to the performance of duties and shall not engage in the general practice of law.
38.24 (c) The incumbent deputy state public defender as of December 31, 2006, shall be
38.25appointed as the chief appellate public defender for the four-year term beginning on
38.26January 1, 2007.
38.27EFFECTIVE DATE.This section is effective July 1, 2007.
38.28 Sec. 22. Minnesota Statutes 2006, section 611.25, subdivision 1, is amended to read:
38.29 Subdivision 1.
Representation. (a) The
state chief appellate public defender shall
38.30represent, without charge:
38.31 (1) a defendant or other person appealing from a conviction of a felony or gross
38.32misdemeanor;
38.33 (2) a person convicted of a felony or gross misdemeanor who is pursuing a
38.34postconviction proceeding and who has not already had a direct appeal of the conviction
,
38.35but if the person pled guilty and received a presumptive sentence or a downward departure
39.1in sentence, and the state public defender reviewed the person's case and determined that
39.2there was no basis for an appeal of the conviction or of the sentence, then the state public
39.3defender may decline to represent the person in a postconviction remedy case; and
39.4 (3) a child who is appealing from a delinquency adjudication or from an extended
39.5jurisdiction juvenile conviction.
39.6 (b) The
state chief appellate public defender may represent, without charge, all other
39.7persons pursuing a postconviction remedy under section
590.01, who are financially
39.8unable to obtain counsel.
39.9 (c)
The state public defender shall represent any other person, who is financially
39.10unable to obtain counsel, when directed to do so by the Supreme Court or the Court of
39.11Appeals, except that The
state chief appellate public defender shall not represent a person
39.12in any action or proceeding in which a party is seeking a monetary judgment, recovery or
39.13award.
When requested by a district public defender or appointed counsel, the state public
39.14defender may assist the district public defender, appointed counsel, or an organization
39.15designated in section
611.216 in the performance of duties, including trial representation in
39.16matters involving legal conflicts of interest or other special circumstances, and assistance
39.17with legal research and brief preparation. When the state public defender is directed by a
39.18court to represent a defendant or other person, the state public defender may assign the
39.19representation to any district public defender.
39.20EFFECTIVE DATE.This section is effective July 1, 2007.
39.21 Sec. 23. Minnesota Statutes 2006, section 611.26, subdivision 2, is amended to read:
39.22 Subd. 2.
Appointment; terms. The state Board of Public Defense shall appoint a
39.23chief district public defender for each judicial district. When appointing a chief district
39.24public defender, the state Board of Public Defense membership shall be increased to
39.25include two residents of the district appointed by the chief judge of the district to reflect
39.26the characteristics of the population served by the public defender in that district. The
39.27additional members shall serve only in the capacity of selecting the district public
39.28defender. The ad hoc state Board of Public Defense shall appoint a chief district public
39.29defender only after requesting and giving reasonable time to receive any recommendations
39.30from the public, the local bar association, and the judges of the district. Each chief district
39.31public defender shall be a qualified attorney licensed to practice law in this state. The chief
39.32district public defender shall be appointed for a term of four years, beginning January 1,
39.33pursuant to the following staggered term schedule: (1) in
2000 2008, the second and
39.34eighth districts; (2) in
2001 2009, the first, third, fourth, and tenth districts; (3) in
2002
39.352010, the fifth and ninth districts; and (4) in
1999 2011, the sixth and seventh districts.
40.1The chief district public defenders shall serve for four-year terms and may be removed for
40.2cause upon the order of the state Board of Public Defense. Vacancies in the office shall
40.3be filled by the appointing authority for the unexpired term.
The chief district public
40.4defenders shall devote full time to the performance of duties and shall not engage in the
40.5general practice of law.
40.6EFFECTIVE DATE.This section is effective July 1, 2007.
40.7 Sec. 24. Minnesota Statutes 2006, section 611.26, subdivision 7, is amended to read:
40.8 Subd. 7.
Other employment. Chief district public defenders and Assistant district
40.9public defenders may engage in the general practice of law where not employed on a
40.10full-time basis.
40.11EFFECTIVE DATE.This section is effective July 1, 2007.
40.12 Sec. 25. Minnesota Statutes 2006, section 611.27, subdivision 3, is amended to read:
40.13 Subd. 3.
Transcript use. If the
state chief appellate public defender or a district
40.14public defender deems it necessary to make a motion for a new trial, to take an appeal,
40.15or other postconviction proceedings in order to properly represent a defendant or other
40.16person whom that public defender had been directed to represent, that public defender
40.17may use the transcripts of the testimony and other proceedings filed with the court
40.18administrator of the district court as provided by section
243.49.
40.19EFFECTIVE DATE.This section is effective July 1, 2007.
40.20 Sec. 26. Minnesota Statutes 2006, section 611.27, subdivision 13, is amended to read:
40.21 Subd. 13.
Public defense services; correctional facility inmates. All billings for
40.22services rendered and ordered under subdivision 7 shall require the approval of the chief
40.23district public defender before being forwarded on a monthly basis to the state public
40.24defender. In cases where adequate representation cannot be provided by the district public
40.25defender and where counsel has been appointed under a court order, the state public
40.26defender shall forward to the commissioner of finance all billings for services rendered
40.27under the court order. The commissioner shall pay for services from
county criminal
40.28justice aid retained by the commissioner of revenue for that purpose under section
40.29477A.0121, subdivision 4, or from county program aid retained by the commissioner of
40.30revenue for that purpose under section
477A.0124, subdivision 1, clause (4), or
477A.03,
40.31subdivision 2b
, paragraph (a).
40.32 The costs of appointed counsel and associated services in cases arising from new
40.33criminal charges brought against indigent inmates who are incarcerated in a Minnesota
40.34state correctional facility are the responsibility of the state Board of Public Defense. In
41.1such cases the state public defender may follow the procedures outlined in this section for
41.2obtaining court-ordered counsel.
41.3EFFECTIVE DATE.This section is effective July 1, 2007.
41.4 Sec. 27. Minnesota Statutes 2006, section 611.27, subdivision 15, is amended to read:
41.5 Subd. 15.
Costs of transcripts. In appeal cases and postconviction cases where the
41.6state appellate public defender's office does not have sufficient funds to pay for transcripts
41.7and other necessary expenses because it has spent or committed all of the transcript funds
41.8in its annual budget, the state public defender may forward to the commissioner of finance
41.9all billings for transcripts and other necessary expenses. The commissioner shall pay for
41.10these transcripts and other necessary expenses from
county criminal justice aid retained
41.11by the commissioner of revenue under section
477A.0121, subdivision 4, or from county
41.12program aid retained by the commissioner of revenue for that purpose under section
41.13477A.0124, subdivision 1
, clause (4), or
477A.03, subdivision 2b, paragraph (a).
41.14EFFECTIVE DATE.This section is effective July 1, 2007.
41.15 Sec. 28. Minnesota Statutes 2006, section 611.35, is amended to read:
41.16611.35 REIMBURSEMENT OF PUBLIC DEFENDER AND APPOINTIVE
41.17APPOINTED COUNSEL.
41.18 Subdivision 1.
Reimbursement; civil obligation. Any person who is represented
41.19by
a public defender or appointive appointed counsel shall, if financially able to pay,
41.20reimburse the governmental unit chargeable with the compensation of
such public
41.21defender or appointive appointed counsel for the actual costs to the governmental unit in
41.22providing the services of the
public defender or appointive appointed counsel. The court in
41.23hearing such matter shall ascertain the amount of such costs to be charged to the defendant
41.24and shall direct reimbursement over a period of not to exceed six months, unless the court
41.25for good cause shown shall extend the period of reimbursement. If a term of probation is
41.26imposed as a part of a sentence, reimbursement of costs as required by this chapter must
41.27not be made a condition of probation. Reimbursement of costs as required by this chapter
41.28is a civil obligation and must not be made a condition of a criminal sentence.
41.29 Subd. 2.
Civil action. The county attorney may commence a civil action to recover
41.30such cost remaining unpaid at the expiration of six months unless the court has extended
41.31the reimbursement period and shall, if it appears that such recipient of
public defender or
41.32appointive appointed counsel services is about to leave the jurisdiction of the court or sell
41.33or otherwise dispose of assets out of which reimbursement may be obtained, commence
41.34such action forthwith. The county attorney may compromise and settle any claim for
42.1reimbursement with the approval of the court which heard the matter. No determination or
42.2action shall be taken later than two years after the termination of the duties of the
public
42.3defender or appointive appointed counsel.
42.4EFFECTIVE DATE.This section is effective July 1, 2007.
42.5 Sec. 29. Laws 2001, First Special Session chapter 8, article 4, section 4, is amended to
42.6read:
42.7
|
Sec. 4.DISTRICT COURTS
|
$
|
118,470,000
|
$
|
128,842,000
|
42.8Carlton County Extraordinary Expenses.
42.9$300,000 the first year is to reimburse
42.10Carlton county for extraordinary expenses
42.11related to homicide trials. This is a onetime
42.12appropriation.
42.13New Judge Units. $774,000 the first year
42.14and $1,504,000 the second year are for an
42.15increase in judgeship units, including one
42.16trial court judge unit beginning October 1,
42.172001, in the tenth judicial district, one trial
42.18court judge unit beginning April 1, 2002, in
42.19the third judicial district, one trial court judge
42.20unit beginning July 1, 2002, in the tenth
42.21judicial district, one trial court judge unit
42.22beginning January 1, 2003, in the seventh
42.23judicial district, and one trial court judge
42.24unit beginning January 1, 2003, in the first
42.25judicial district. Each judge unit consists of a
42.26judge, law clerk, and court reporter.
42.27Alternative Dispute Resolution Programs.
42.28A portion of this appropriation may be
42.29used for the alternative dispute resolution
42.30programs authorized by article 5, section 18.
42.31Supplemental Funding for Certain
42.32Mandated Costs. $4,533,000 the first
42.33year and $6,032,000 the second year are to
42.34supplement funding for guardians ad litem,
43.1interpreters, rule 20 and civil commitment
43.2examinations, and in forma pauperis costs in
43.3the fifth, seventh, eighth, and ninth judicial
43.4districts.
43.5Trial Court Infrastructure Staff. $684,000
43.6the first year and $925,000 the second year
43.7are for infrastructure staff.
43.8Court Effectiveness Initiatives;
43.9Community Courts and Screener
43.10Collectors. $835,000 the first year and
43.11$765,000 the second year are for court
43.12effectiveness initiatives. Of this amount,
43.13$125,000 each year is for continued funding
43.14of the community court in the fourth judicial
43.15district and $125,000 each year is for
43.16continued funding of the community court
43.17in the second judicial district. These are
43.18onetime appropriations.
43.19The second judicial district and fourth
43.20judicial district shall each report quarterly to
43.21the chairs and ranking minority members of
43.22the legislative committees and divisions with
43.23jurisdiction over criminal justice funding on:
43.24(1) how money appropriated for this initiative
43.25was spent; and
43.26(2) the cooperation of other criminal justice
43.27agencies and county units of government in
43.28the community courts' efforts.
43.29The first report is due on October 1, 2001.
43.30None of this appropriation may be used
43.31for the purpose of complying with these
43.32reporting requirements.
44.1Of this amount, $585,000 the first year and
44.2$515,000 the second year are for screener
44.3collector programs.
44.4The fifth, seventh, and ninth judicial district
44.5courts shall implement screener collector
44.6programs to enhance the collection of
44.7overdue fine revenue by at least ten percent in
44.8each location serviced by a screener collector.
44.9By August 15, 2002, and annually thereafter,
44.10the state court administrator shall report to
44.11the chairs and ranking minority members
44.12of the house of representatives and senate
44.13committees with jurisdiction over criminal
44.14justice policy and funding issues on the total
44.15amount of fines collected, the amount of
44.16overdue fines collected for the two preceding
44.17fiscal years, and the expenditures associated
44.18with the screener collector program.
44.19Ninth District County and Support Pilot
44.20Projects. Up to $99,000 each year may
44.21be used for the ninth judicial district to
44.22implement the pilot projects on the six-month
44.23review of child custody, parenting time, and
44.24support orders, and on the accounting for
44.25child support by obligees.
44.26EFFECTIVE DATE.This section is effective July 1, 2007.
44.27 Sec. 30. Laws 2003, First Special Session chapter 2, article 1, section 2, is amended to
44.28read:
44.29
|
Sec. 2.SUPREME COURT
|
$
|
38,806,000
|
$
|
36,439,000
|
44.30Report on Court Fees. The state court
44.31administrator shall review and report back
44.32on the financial consequences of policy
44.33changes made in the following areas: (1)
44.34criminal and traffic offender surcharges; (2)
45.1public defender co-pays; and (3) the use
45.2of revenue recapture to collect the public
45.3defender co-pay. The report shall also list
45.4the local governmental units that employ
45.5administrative procedures to collect fines
45.6for ordinance violations. The state court
45.7administrator must submit the report to the
45.8chairs and ranking minority members on the
45.9committees that have jurisdiction over court
45.10funding by January 15 of each year.
45.11$5,000 each year is for a contingent account
45.12for expenses necessary for the normal
45.13operation of the court for which no other
45.14reimbursement is provided.
45.15Legal Services to Low-Income Clients in
45.16Family Law Matters. Of this appropriation,
45.17$877,000 each year is to improve the
45.18access of low-income clients to legal
45.19representation in family law matters. This
45.20appropriation must be distributed under
45.21Minnesota Statutes, section
480.242, to
45.22the qualified legal services programs
45.23described in Minnesota Statutes, section
45.24480.242, subdivision 2
, paragraph (a). Any
45.25unencumbered balance remaining in the first
45.26year does not cancel and is available in the
45.27second year.
45.28Of this appropriation, $355,000 in fiscal
45.29year 2005 is for the implementation of
45.30the Minnesota Child Support Act and is
45.31contingent upon its enactment. This is a
45.32onetime appropriation.
45.33EFFECTIVE DATE.This section is effective July 1, 2007.
45.34 Sec. 31.
PUBLIC DEFENDER STUDY AND REPORT REQUIRED.
46.1 The State Board of Public Defense and the Hennepin County Board of
46.2Commissioners shall jointly prepare a report to the legislature on the history of the
46.3funding of the public defender's office in the Fourth Judicial District provided by the state
46.4and Hennepin County. The report must compare the costs and services provided by the
46.5Fourth Judicial District Public Defender's Office to the costs and services provided by the
46.6state Board of Public Defense in all other public defender district offices. The report must
46.7detail the amount of funding provided by Hennepin County to the Fourth Judicial District
46.8Public Defender's Office and the amount necessary for the state to assume the full costs of
46.9the public defender duties in the Fourth Judicial District as in the other judicial districts
46.10throughout the state. The report must also recommend specific legislation that would
46.11provide for an appropriate resolution of the state and local funding of the Fourth Judicial
46.12District Public Defender's Office. The report must be completed by October 1, 2007, and
46.13be submitted to the commissioner of finance, the chairs and ranking minority members of
46.14the senate and house committees and divisions with jurisdiction over finance, judiciary,
46.15judiciary finance, and public safety finance, and the house Ways and Means Committee.
46.16EFFECTIVE DATE.This section is effective July 1, 2007.
46.17 Sec. 32.
REPEALER.
46.18Minnesota Statutes 2006, sections 260B.173; 480.175, subdivision 3; 611.20,
46.19subdivision 5; and 626A.17, subdivision 3, are repealed.
46.20EFFECTIVE DATE.This section is effective July 1, 2007.
46.23 Section 1. Minnesota Statutes 2006, section 241.018, is amended to read:
46.24241.018 PER DIEM CALCULATION.
46.25 Subdivision 1. State correctional facilities. (a) The commissioner of corrections
46.26shall develop a uniform method to calculate the average department-wide per diem cost
46.27of incarcerating offenders at state adult correctional facilities. In addition to other costs
46.28currently factored into the per diem, it must include an appropriate percentage of capitol
46.29costs for all adult correctional facilities and 65 percent of the department's management
46.30services budget.
46.31 (b) The commissioner also shall use this method of calculating per diem costs
46.32for offenders in each state adult correctional facility. When calculating the per diem
46.33cost of incarcerating offenders at a particular facility, the commissioner shall include
46.34an appropriate percentage of capital costs for the facility and an appropriate prorated
47.1amount, given the facility's population, of 65 percent of the department's management
47.2services budget.
47.3 (c) The commissioner shall ensure that these new per diem methods are used in
47.4all future annual performance reports to the legislature and are also reflected in the
47.5department's biennial budget document.
47.6 Subd. 2. Local correctional facilities. (a) The commissioner of corrections shall
47.7develop a uniform method to calculate the average per diem cost of incarcerating offenders
47.8in county and regional jail facilities licensed by the commissioner under section 241.021,
47.9subdivision 1, paragraph (a).
47.10 (b) Each county and regional jail in the state must annually provide the commissioner
47.11with a per diem calculation based on the formula the commissioner promulgates pursuant
47.12to paragraph (a).
47.13 (c) The commissioner shall include the county and regional jail per diem data
47.14collected under paragraph (b) in the Department of Correction's annual performance report
47.15to the legislature mandated by section 241.016.
47.16EFFECTIVE DATE.This section is effective July 1, 2007.
47.17 Sec. 2. Minnesota Statutes 2006, section 241.69, subdivision 3, is amended to read:
47.18 Subd. 3.
Transfer. If the licensed mental health professional finds the person to be a
47.19person who is mentally ill and in need of short-term care, the
examining licensed mental
47.20health care professional may recommend transfer by the commissioner of corrections to
47.21the mental health unit established pursuant to subdivision 1.
47.22EFFECTIVE DATE.This section is effective July 1, 2007.
47.23 Sec. 3. Minnesota Statutes 2006, section 241.69, subdivision 4, is amended to read:
47.24 Subd. 4.
Commitment. If the
examining licensed mental health care professional or
47.25licensed mental health professional finds the person to be a person who is mentally ill and
47.26in need of long-term care in a hospital, or if an inmate transferred pursuant to subdivision
47.273 refuses to voluntarily participate in the treatment program at the mental health unit, the
47.28director of psychological services of the institution or the mental health professional shall
47.29initiate proceedings for judicial commitment as provided in section
253B.07. Upon the
47.30recommendation of the licensed mental health professional and upon completion of the
47.31hearing and consideration of the record, the court may commit the person to the mental
47.32health unit established in subdivision 1 or to another hospital. A person confined in a state
47.33correctional institution for adults who has been adjudicated to be a person who is mentally
48.1ill and in need of treatment may be committed to the commissioner of corrections and
48.2placed in the mental health unit established in subdivision 1.
48.3EFFECTIVE DATE.This section is effective July 1, 2007.
48.4 Sec. 4. Minnesota Statutes 2006, section 383A.08, subdivision 6, is amended to read:
48.5 Subd. 6.
Rules and regulations. The county may promulgate rules and regulations
48.6for the proper operation and maintenance of each facility and the proper care and discipline
48.7of inmates detained in the facility. These rules and regulations may, among other things,
48.8provide for the diminution of sentences of inmates for good behavior
, but in no event to
48.9exceed a total of five days for each 30 day sentence in accordance with section 643.29.
48.10EFFECTIVE DATE.This section is effective July 1, 2007.
48.11 Sec. 5. Minnesota Statutes 2006, section 383A.08, subdivision 7, is amended to read:
48.12 Subd. 7.
Confinement of inmates from other counties. The county may accept
48.13an inmate for confinement at a county correction facility when the inmate is committed
48.14to the facility by order of a judge of a municipality or county outside Ramsey County if
48.15the county is paid the amount of compensation for board, confinement
, and maintenance
48.16of the inmate that it determines.
No compensation of this kind may be in an amount less
48.17than the actual per diem cost per person confined. A county outside Ramsey County or
48.18a municipality outside Ramsey County may enter into and agree with Ramsey County
48.19for the incarceration of prisoners.
48.20EFFECTIVE DATE.This section is effective July 1, 2007.
48.21 Sec. 6. Minnesota Statutes 2006, section 641.265, subdivision 2, is amended to read:
48.22 Subd. 2.
Withdrawal. A county board may withdraw from cooperation in a regional
48.23jail system
if the county boards of all of the other cooperating counties decide, by majority
48.24vote, to allow the withdrawal in accordance with the terms of a joint powers agreement.
48.25With the approval of the county board of each cooperating county, the regional jail board
48.26shall fix the sum, if any, to be paid to the county withdrawing, to reimburse it for capital
48.27cost, debt service, or lease rental payments made by the county prior to withdrawal, in
48.28excess of its proportionate share of benefits from the regional jail prior to withdrawal, and
48.29the time and manner of making the payments. The payments shall be deemed additional
48.30payments of capital cost, debt service, or lease rentals to be made proportionately by the
48.31remaining counties and, when received, shall be deposited in and paid from the regional
48.32jail fund; provided that:
49.1 (a) (1) payments shall not be made from any amounts in the regional jail fund
49.2which are needed for maintenance and operation expenses or lease rentals currently due
49.3and payable; and
49.4 (b) (2) the withdrawing county shall remain obligated for the payment of its
49.5proportionate share of any lease rentals due and payable after its withdrawal, in the
49.6event and up to the amount of any lease payment not made when due by one or more of
49.7the other cooperating counties.
49.8EFFECTIVE DATE.This section is effective July 1, 2007.
49.9 Sec. 7.
SHORT-TERM OFFENDER ADVISORY TASK FORCE.
49.10 (a) An advisory task force is established to evaluate the use and effectiveness
49.11of the short-term offender program and identify gaps in the current system relating to
49.12jail programming and reentry. The task force shall recommend appropriate levels of
49.13reimbursement to counties for housing short-term offenders in county and regional jails,
49.14and propose alternatives to the current system including, but not limited to, a regional
49.15jail structure.
49.16 (b) The commissioner of corrections shall cochair the committee with a designee
49.17of the Minnesota Sheriffs Association and convene the first meeting of the advisory task
49.18force that is composed of the following representatives: three members to represent
49.19the Department of Corrections' institutions division, community services division, and
49.20offender reception center appointed by the commissioner; two sheriffs or administrators
49.21who operate jails or workhouses that house short-term offenders appointed by the
49.22Minnesota Sheriffs Association in consultation with the Association of Minnesota
49.23Counties; two county administrators and two county board members appointed by the
49.24Association of Minnesota Counties; two county attorneys appointed by the Minnesota
49.25County Attorneys Association; two public defenders appointed by the State Board of
49.26Public Defense; and two probation officers jointly appointed by the Minnesota Corrections
49.27Association and the Minnesota Association of Community Corrections Act counties, at
49.28least one of whom must be from a Community Corrections Act county. The associations
49.29must seek geographical diversity among task force members so that both metropolitan and
49.30out-state interests are represented. Task force members may not receive compensation
49.31but may receive reimbursement for expenses related to serving on the task force. Except
49.32as provided in this section, task force members' terms and other task force matters are
49.33subject to Minnesota Statutes, section 15.059.
49.34 (c) The task force must submit by February 1, 2009, a written report to the chairs of
49.35the public safety finance and policy committees in the house of representatives and senate
50.1that includes the task force recommendations for managing and reforming the short-term
50.2offender program and reimbursing counties for housing short-term offenders.
50.3 (d) Upon request, the commissioner of corrections must provide the task force
50.4with technical and other support services. The commissioner must use funds from the
50.5department's current operating budget to cover any costs the commissioner incurs in
50.6providing services to the task force.
50.7 (e) The task force expires on June 30, 2009.
50.8EFFECTIVE DATE.This section is effective the day following final enactment.
50.10PUBLIC SAFETY AND LAW ENFORCEMENT
50.11 Section 1. Minnesota Statutes 2006, section 13.87, subdivision 1, is amended to read:
50.12 Subdivision 1.
Criminal history data. (a) Definition. For purposes of this
50.13subdivision, "criminal history data" means all data maintained in criminal history
50.14records compiled by the Bureau of Criminal Apprehension and disseminated through
50.15the criminal justice information system, including, but not limited to fingerprints,
50.16photographs, identification data, arrest data, prosecution data, criminal court data, custody
50.17and supervision data.
50.18 (b) Classification. Criminal history data maintained by agencies, political
50.19subdivisions and statewide systems are classified as private, pursuant to section
13.02,
50.20subdivision 12
, except that data created, collected, or maintained by the Bureau of
50.21Criminal Apprehension that identify an individual who was convicted of a crime, the
50.22offense of which the individual was convicted, associated court disposition and sentence
50.23information, controlling agency, and confinement information are public data for 15 years
50.24following the discharge of the sentence imposed for the offense.
When an innocent party's
50.25name is associated with a criminal history, and a determination has been made through a
50.26fingerprint verification that the innocent party is not the subject of the criminal history, the
50.27name may be redacted from the public criminal history data. The name shall be retained in
50.28the criminal history and classified as private data.
50.29 The Bureau of Criminal Apprehension shall provide to the public at the central office
50.30of the bureau the ability to inspect in person, at no charge, through a computer monitor the
50.31criminal conviction data classified as public under this subdivision.
50.32 (c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
50.33made public by section
13.82.
50.34EFFECTIVE DATE.This section is effective July 1, 2007.
50.35 Sec. 2. Minnesota Statutes 2006, section 243.167, subdivision 1, is amended to read:
51.1 Subdivision 1.
Definition. As used in this section, "crime against the person" means
51.2a violation of any of the following or a similar law of another state or of the United States:
51.3section
609.165;
609.185;
609.19;
609.195;
609.20;
609.205;
609.221;
609.222;
609.223;
51.4609.2231
;
609.224, subdivision 2 or 4;
609.2242, subdivision 2 or 4;
609.2247;
609.235;
51.5609.245, subdivision 1
;
609.25;
609.255;
609.3451, subdivision 2;
609.498, subdivision 1;
51.6609.582, subdivision 1
; or
617.23, subdivision 2; or any felony-level violation of section
51.7609.229
;
609.377;
609.749; or
624.713.
51.8EFFECTIVE DATE.This section is effective the day following final enactment,
51.9and applies retroactively to crimes committed on or after August 1, 2005.
51.10 Sec. 3. Minnesota Statutes 2006, section 244.05, is amended by adding a subdivision
51.11to read:
51.12 Subd. 2a. Random searches. (a) This subdivision applies to inmates who were
51.13convicted of and imprisoned for a violent crime, as defined in section 609.1095, involving
51.14the sale, use, or possession of a controlled substance or a dangerous weapon.
51.15 (b) When an inmate is released on supervised release or parole, the inmate, as a
51.16condition of release, consents to a search of the inmate's person and any motor vehicle in
51.17which the inmate is found. The search may be conducted on demand by any parole or
51.18supervised release agent or peace officer.
51.19EFFECTIVE DATE.This section is effective July 1, 2007.
51.20 Sec. 4. Minnesota Statutes 2006, section 260C.209, subdivision 3, is amended to read:
51.21 Subd. 3.
Multistate information. (a) For any assessment completed under this
51.22section, if the responsible social services agency has reasonable cause to believe that the
51.23individual is a multistate offender, the individual must provide the responsible social
51.24services agency or the county attorney with a set of classifiable fingerprints obtained from
51.25an authorized law enforcement agency. The responsible social services agency or county
51.26attorney may obtain criminal history data from the National Criminal Records Repository
51.27by submitting the fingerprints to the Bureau of Criminal Apprehension.
51.28 (b) For purposes of this subdivision, the responsible social services agency has
51.29reasonable cause when, but not limited to:
51.30 (1) information from the Bureau of Criminal Apprehension indicates that the
51.31individual is a multistate offender;
51.32 (2) information from the Bureau of Criminal Apprehension indicates that multistate
51.33offender status is undetermined;
52.1 (3) the social services agency has received a report from the individual or a third
52.2party indicating that the individual has a criminal history in a jurisdiction other than
52.3Minnesota; or
52.4 (4) the individual is or has been a resident of a state other than Minnesota at any
52.5time during the prior ten years.
52.6 (c) In cases involving the emergency placement of children, the social services
52.7agency or county attorney may request a name-based check of the National Criminal
52.8Records Repository. In those cases, fingerprints of the individual being checked must be
52.9forwarded to the Bureau of Criminal Apprehension for submission to the Federal Bureau
52.10of Investigation within 15 calendar days of the name-based check. If the subject of the
52.11name-based check does not provide fingerprints upon request, the child or children must
52.12be removed from the home.
52.13EFFECTIVE DATE.This section is effective July 1, 2007.
52.14 Sec. 5. Minnesota Statutes 2006, section 299A.641, subdivision 2, is amended to read:
52.15 Subd. 2.
Membership. The oversight council shall consist of the following
52.16individuals or their designees:
52.17 (1) the director of the office of special investigations as the representative of the
52.18commissioner of corrections;
52.19 (2) the superintendent of the Bureau of Criminal Apprehension as the representative
52.20of the commissioner of public safety;
52.21 (3) the attorney general;
52.22 (4) eight chiefs of police, selected by the Minnesota Chiefs of Police Association,
52.23two of which must be selected from cities with populations greater than 200,000;
52.24 (5) eight sheriffs, selected by the Minnesota Sheriffs Association to represent each
52.25district, two of which must be selected from counties with populations greater than
52.26500,000;
52.27 (6) the United States attorney for the district of Minnesota;
52.28 (7) two county attorneys, selected by the Minnesota County Attorneys Association;
52.29 (8) a command-level representative of a gang strike force;
52.30 (9) a representative from a drug task force, selected by the Minnesota State
52.31Association of Narcotics Investigators;
52.32 (10) a representative from the United States Drug Enforcement Administration;
52.33 (11) a representative from the United States Bureau of Alcohol, Tobacco, and
52.34Firearms;
52.35 (12) a representative from the Federal Bureau of Investigation;
53.1 (13) a tribal peace officer, selected by the Minnesota Tribal Law Enforcement
53.2Association;
and
53.3 (14) two additional members who may be selected by the oversight council
;
53.4 (15) a senator who serves on the committee having jurisdiction over criminal justice
53.5policy, chosen by the Subcommittee on Committees of the senate Committee on Rules
53.6and Administration; and
53.7 (16) a representative who serves on the committee having jurisdiction over criminal
53.8justice policy, chosen by the speaker of the house of representatives.
53.9The oversight council may adopt procedures to govern its conduct as necessary and may
53.10select a chair from among its members.
The legislative members of the council may not
53.11vote on matters before the council.
53.12EFFECTIVE DATE.This section is effective July 1, 2007.
53.13 Sec. 6. Minnesota Statutes 2006, section 609.135, is amended by adding a subdivision
53.14to read:
53.15 Subd. 9. Random searches. (a) This subdivision applies to offenders who are
53.16convicted of a violent crime, as defined in section 609.1095, involving the sale, use, or
53.17possession of a controlled substance or a dangerous weapon.
53.18 (b) When an offender is placed on probation, the offender, as a condition of being
53.19released on probation, consents to a search of the offender's person and any motor vehicle
53.20in which the offender is found. The search may be conducted on demand by any probation
53.21officer or peace officer.
53.22EFFECTIVE DATE.This section is effective July 1, 2007.
53.23 Sec. 7. Minnesota Statutes 2006, section 641.05, is amended to read:
53.24641.05 RECORD OF INMATES; RETURN TO COURT.
53.25 (a) Every sheriff shall, at the expense of the county, maintain a permanent record of
53.26all persons committed to any jail under the sheriff's charge. It shall contain the name of
53.27every person committed, by what authority, residence, date of commitment, and, if for a
53.28criminal offense, a description of the person, when and by what authority liberated, and,
53.29in case of escape, the time and manner thereof. At the opening of each term of district
53.30court the sheriff shall make a certified transcript therefrom to such court, showing all
53.31cases therein not previously disposed of.
53.32 (b) Upon intake into the jail facility, the name of the committed person shall be
53.33checked against the Bureau of Criminal Apprehension predatory offender registration
53.34database to determine whether the person is a registered offender. In the event that the
53.35person is registered, the sheriff or designee shall notify the bureau of the person's admission
54.1into the jail facility. At the time of discharge from the facility, the sheriff or designee will
54.2provide the person with a change of information form for the purposes of reporting the
54.3address where the person will be living upon release from the facility. Every sheriff who
54.4intentionally neglects or refuses to so report shall be guilty of a gross misdemeanor.
54.5EFFECTIVE DATE.This section is effective July 1, 2007.
54.7EMERGENCY COMMUNICATIONS
54.8 Section 1. Minnesota Statutes 2006, section 403.07, subdivision 4, is amended to read:
54.9 Subd. 4.
Use of furnished information. (a) Names, addresses, and telephone
54.10numbers provided to a 911 system under subdivision 3 are private data and may be used
54.11only
for identifying: (1) to identify the location or identity, or both, of a person calling
54.12a 911 public safety answering point
; or (2) by a public safety answering point to notify
54.13the public of an emergency. The information furnished under subdivision 3 may not be
54.14used or disclosed by 911 system agencies, their agents, or their employees for any other
54.15purpose except under a court order.
54.16 (b) For purposes of paragraph (a), the term "emergency" means a situation in which
54.17property or human life is in jeopardy and the prompt notification of the public by the
54.18public safety answering point is essential.
54.19 (c) A telecommunications service provider that participates or cooperates with the
54.20public safety answering point in the notification of the public is exempt from liability
54.21pursuant to section 403.07, subdivision 5.
54.22EFFECTIVE DATE.This section is effective the day following final enactment.
54.23 Sec. 2. Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to
54.24read:
54.25 Subd. 1a. Fee collection declaration. If the commissioner disputes the
54.26accuracy of a fee submission or if no fees are submitted by a wireless, wire-line, or
54.27packet-based telecommunications service provider, the wireless, wire-line, or packet-based
54.28telecommunications service provider shall submit a sworn declaration signed by an officer
54.29of the company certifying, under penalty of perjury, that the information provided with
54.30the fee submission is true and correct. The sworn declaration must specifically describe
54.31and affirm that the 911 fee computation is complete and accurate. When a wireless,
54.32wire-line, or packet-based telecommunications service provider fails to provide a sworn
54.33declaration within 90 days of notice by the commissioner that the fee submission is
54.34disputed, the commissioner may estimate the amount due from the wireless, wire-line, or
55.1packet-based telecommunications service provider and refer that amount for collection
55.2under section 16D.04.
55.3EFFECTIVE DATE.This section is effective July 1, 2007.
55.4 Sec. 3. Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to
55.5read:
55.6 Subd. 1b. Fee audit. If the commissioner determines that an audit is necessary
55.7to document the fee submission and sworn declaration in subdivision 1a, the wireless,
55.8wire-line, or packet-based telecommunications service provider must contract with an
55.9independent certified public accountant to conduct an audit. The audit must be conducted
55.10in accordance with generally accepted auditing standards.
55.11EFFECTIVE DATE.This section is effective July 1, 2007."
55.12Delete the title and insert:
55.14relating to state government; providing certain general criminal and sentencing
55.15provisions; regulating DWI and driving provisions; modifying or establishing
55.16various provisions relating to public safety; regulating corrections, the courts, and
55.17emergency communications; providing penalties;amending Minnesota Statutes
55.182006, sections 3.732, subdivision 1; 3.736, subdivision 1; 13.87, subdivision
55.191; 15A.083, subdivision 4; 169A.51, subdivision 7; 171.12, by adding a
55.20subdivision; 171.55; 241.018; 241.69, subdivisions 3, 4; 243.167, subdivision 1;
55.21244.05, by adding a subdivision; 260C.193, subdivision 6; 260C.209, subdivision
55.223; 270A.03, subdivision 5; 299A.641, subdivision 2; 352D.02, subdivision
55.231; 383A.08, subdivisions 6, 7; 403.07, subdivision 4; 403.11, by adding
55.24subdivisions; 484.54, subdivision 2; 484.83; 504B.361, subdivision 1; 518.165,
55.25subdivisions 1, 2; 518A.35, subdivision 3; 518B.01, subdivisions 6a, 22; 563.01,
55.26by adding a subdivision; 590.05; 595.02, subdivision 1; 609.02, subdivision 16;
55.27609.135, subdivision 8, by adding a subdivision; 609.21, subdivisions 1, 4a, 5, by
55.28adding subdivisions; 609.341, subdivision 11; 609.344, subdivision 1; 609.345,
55.29subdivision 1; 609.3451, subdivision 3; 609.3455, subdivision 4, by adding a
55.30subdivision; 609.505, subdivision 2; 609.748, subdivisions 1, 5; 611.14; 611.20,
55.31subdivision 6; 611.215, subdivisions 1, 1a; 611.23; 611.24; 611.25, subdivision
55.321; 611.26, subdivisions 2, 7; 611.27, subdivisions 3, 13, 15; 611.35; 611A.036,
55.33subdivisions 2, 7; 634.15, subdivisions 1, 2; 641.05; 641.265, subdivision 2;
55.34Laws 2001, First Special Session chapter 8, article 4, section 4; Laws 2003,
55.35First Special Session chapter 2, article 1, section 2; proposing coding for new
55.36law in Minnesota Statutes, chapters 504B; 609; 611A; repealing Minnesota
55.37Statutes 2006, sections 169.796, subdivision 3; 260B.173; 480.175, subdivision
55.383; 609.21, subdivisions 2, 2a, 2b, 3, 4; 609.805; 611.20, subdivision 5; 626A.17,
55.39subdivision 3; Laws 2005, First Special Session chapter 6, article 3, section 91."