1.1.................... moves to amend H.F. No. 440 as follows:
1.2Delete everything after the enacting clause and insert:

1.5	Section 1. SUMMARY OF APPROPRIATIONS.

1.6The amounts shown in this section summarize direct appropriations, by fund, made
1.7in this article.

1.8			2012		2013		Total
1.9	General	$	363,303,000	$	365,345,000	$	728,648,000
1.10	Special Revenue	$		$		$
1.11	Total	$	363,303,000	$	365,345,000	$	728,648,000

1.12	Sec. 2. APPROPRIATIONS.

1.13The sums shown in the columns marked "Appropriations" are appropriated to the
1.14agencies and for the purposes specified in this section. The appropriations are from the
1.15general fund, or another named fund, and are available for the fiscal years indicated
1.16for each purpose. The figures "2012" and "2013" used in this article mean that the
1.17appropriation listed under them is available for the fiscal year ending June 30, 2012,
1.18or June 30, 2013, respectively.

1.19				APPROPRIATIONS
1.20				Available for the Year
1.21				Ending June 30
1.22					2012		2013

1.23

Sec. 3. SUPREME COURT

1.24

Subdivision 1.Total Appropriation

$

41,274,000

$

39,575,000

2.1The amounts that may be spent for each
2.2purpose are specified in the following
2.3subdivisions.

2.4

Subd. 2.Supreme Court Operations

30,458,000

30,759,000

2.5(a) Contingent Account. $5,000 each year
2.6is for a contingent account for expenses
2.7necessary for the normal operation of the
2.8court for which no other reimbursement is
2.9provided.
2.10(b) Employee Healthcare. The chief
2.11justice of the Supreme Court shall study and
2.12report to the chairs and ranking minority
2.13members of the house and senate committees
2.14with jurisdiction over judiciary finance by
2.15January 15, 2012, on the advantages and
2.16disadvantages of having judicial branch
2.17officials and employees leave the state
2.18employee group insurance program and
2.19form their own group benefit plan, including
2.20the option of shifting to a plan based on
2.21high-deductible health savings accounts.

2.22

Subd. 3.Civil Legal Services

10,816,000

8,816,000

2.23(a) Legal Services to Low-Income
2.24Clients in Family Law Matters. Of this
2.25appropriation, $877,000 each year is to
2.26improve the access of low-income clients to
2.27legal representation in family law matters.
2.28This appropriation must be distributed
2.29under Minnesota Statutes, section 480.242,
2.30to the qualified legal services programs
2.31described in Minnesota Statutes, section
2.32480.242, subdivision 2, paragraph (a). Any
2.33unencumbered balance remaining in the first
2.34year does not cancel and is available in the
2.35second year.
3.1(b) Limits on services. No portion of the
3.2funds appropriated may be used to represent
3.3or serve clients: (1) in federal civil or
3.4criminal matters outside the jurisdiction of
3.5the state courts or agencies; (2) in suing a
3.6state or federal entity; and (3) in advocating
3.7at the legislature for or against current or
3.8proposed policy and law.

3.9

Sec. 4. COURT OF APPEALS

$

10,106,000

$

10,228,000

3.10

Sec. 5. TRIAL COURTS

$

233,347,000

$

236,966,000

3.11

Sec. 6. GUARDIAN AD LITEM BOARD

$

11,988,000

$

11,988,000

3.12Case priority. The board shall assign
3.13guardians to clients who are entitled by
3.14statute to representation prior to clients for
3.15whom the courts request guardians but who
3.16are not entitled to a guardian under statute.

3.17

Sec. 7. TAX COURT

$

790,000

$

790,000

3.18Operating schedule. At least one tax court
3.19judge shall hold hearings and meetings or
3.20otherwise conduct regular business on all
3.21days that executive branch agencies are open
3.22for business.

3.23

Sec. 8. UNIFORM LAWS COMMISSION

$

30,000

$

30,000

3.24Membership dues. This appropriation is
3.25to pay the state's membership dues to the
3.26National Uniform Laws Commission. No
3.27portion of this appropriation may be used to
3.28fund the travel or expenses of members of
3.29the commission.

3.30

Sec. 9. BOARD ON JUDICIAL STANDARDS

$

456,000

$

456,000

4.1

Sec. 10. BOARD OF PUBLIC DEFENSE

$

64,726,000

$

64,726,000

4.2Public defense corporations
4.3representation. Funds appropriated
4.4to public defense corporations shall
4.5only be used to defend clients who are
4.6constitutionally or statutorily entitled to a
4.7public defender and who meet the income
4.8eligibility standards in Minnesota Statutes,
4.9section 611.17.

4.10

Sec. 11. SENTENCING GUIDELINES

$

586,000

$

586,000

4.11 4.12

Sec. 12. PROHIBITION ON USE OF APPROPRIATIONS

4.13    No portion of these appropriations may be used for the purchase of motor vehicles
4.14or out-of-state travel that is not directly connected with and necessary to carry out the core
4.15functions of the organizations funded in this article.

4.16    Sec. 13. SALARY FREEZE.
4.17(a) Effective July 1, 2011, a state employee funded under this article may not receive
4.18a salary or wage increase. This section prohibits any increases, including but not limited
4.19to: across-the-board increases; cost-of-living adjustments; increases based on longevity;
4.20step increases; increases in the form of lump-sum payments; increases in employer
4.21contributions to deferred compensation plans; or any other pay grade adjustments of any
4.22kind. This section does not prohibit an increase in the rate of salary and wages for an
4.23employee who is promoted or transferred to a position with greater responsibilities and
4.24with a higher salary or wage rate.
4.25(b) A state appointing authority may not enter into a collective bargaining agreement
4.26or implement a compensation plan that increases salary or wages in a manner prohibited
4.27by this section. Neither a state appointing authority nor an exclusive representative of state
4.28employees may request interest arbitration in relation to an increase in salary or wages that
4.29is prohibited by this section, and an arbitrator may not issue an award that would increase
4.30salary or wages in a manner prohibited by this section.
4.31(c) This section expires on June 30, 2013.
4.32EFFECTIVE DATE.Paragraph (b) is effective the day following final enactment.
4.33Paragraph (a) is effective June 30, 2011.

5.1    Sec. 14. CAPPING MILEAGE REIMBURSEMENT.
5.2For entities funded by an appropriation in this bill, no official or employee may be
5.3reimbursed for mileage expenses at a rate that exceeds $0.51 per mile. No entity may enter
5.4into a collective bargaining agreement or compensation plan that conflicts with this section.


5.7    Section 1. Minnesota Statutes 2010, section 169.79, subdivision 6, is amended to read:
5.8    Subd. 6. Other motor vehicles. If the motor vehicle is any kind of motor vehicle
5.9other than those provided for in subdivisions 2 to 4, one plate two plates must be displayed
5.10on. One plate must be displayed at the front and one on the rear of the vehicle and one
5.11at the back. The two plates must either be mounted on the front and rear bumpers of
5.12the vehicle or on the front and back of the vehicle exterior in places designed to hold a
5.13license plate.

5.14    Sec. 2. Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:
5.15    Subd. 4. Penalty. (a) A person who violates this section is guilty of a misdemeanor.
5.16A person is guilty of a gross misdemeanor who violates this section within ten years
5.17of the first of two prior convictions under this section, section 169.791, or a statute or
5.18ordinance in conformity with one of those sections. The operator of a vehicle who violates
5.19subdivision 3 and who causes or contributes to causing a vehicle accident that results in
5.20the death of any person or in substantial bodily harm to any person, as defined in section
5.21609.02, subdivision 7a , is guilty of a gross misdemeanor. The same prosecuting authority
5.22who is responsible for prosecuting misdemeanor violations of this section is responsible
5.23for prosecuting gross misdemeanor violations of this section. In addition to any sentence
5.24of imprisonment that the court may impose on a person convicted of violating this section,
5.25the court shall impose a fine of not less than $200 nor more than the maximum amount
5.26authorized by law. The court may allow community service in lieu of any fine imposed if
5.27the defendant is indigent.
5.28(b) A driver who is the owner of the vehicle may, no later than the date and time
5.29specified in the citation for the driver's first court appearance, produce proof of insurance
5.30stating that security had been provided for the vehicle that was being operated at the time
5.31of demand to the court administrator. The required proof of insurance may be sent by mail
5.32by the driver as long as it is received no later than the date and time specified in the
5.33citation for the driver's first court appearance. If a citation is issued, no person shall be
5.34convicted of violating this section if the court administrator receives the required proof of
6.1insurance no later than the date and time specified in the citation for the driver's first court
6.2appearance. If the charge is made other than by citation, no person shall be convicted of
6.3violating this section if the person presents the required proof of insurance at the person's
6.4first court appearance after the charge is made.
6.5(c) If the driver is not the owner of the vehicle, the driver shall, no later than the
6.6date and time specified in the citation for the driver's first court appearance, provide the
6.7district court administrator with proof of insurance or the name and address of the owner.
6.8Upon receipt of the name and address of the owner, the district court administrator shall
6.9communicate the information to law enforcement agency.
6.10(d) If the driver is not the owner of the vehicle, the officer may send or provide a
6.11notice to the owner of the vehicle requiring the owner to produce proof of insurance for
6.12the vehicle that was being operated at the time of the demand. Notice by mail is presumed
6.13to be received five days after mailing and shall be sent to the owner's current address or the
6.14address listed on the owner's driver's license. Within ten days after receipt of the notice,
6.15the owner shall produce the required proof of insurance to the place stated in the notice
6.16received by the owner. The required proof of insurance may be sent by mail by the owner
6.17as long as it is received within ten days. Any owner who fails to produce proof of insurance
6.18within ten days of an officer's request under this subdivision is guilty of a misdemeanor.
6.19The peace officer may mail the citation to the owner's current address or address stated
6.20on the owner's driver's license. It is an affirmative defense to a charge against the owner
6.21that the driver used the owner's vehicle without consent, if insurance would not have been
6.22required in the absence of the unauthorized use by the driver. It is not a defense that a
6.23person failed to notify the Department of Public Safety of a change of name or address as
6.24required under section 171.11. The citation may be sent after the ten-day period.
6.25(b) (e) The court may impose consecutive sentences for offenses arising out of a
6.26single course of conduct as permitted in section 609.035, subdivision 2.
6.27(c) (f) In addition to the criminal penalty, the driver's license of an operator convicted
6.28under this section shall be revoked for not more than 12 months. If the operator is also an
6.29owner of the vehicle, the registration of the vehicle shall also be revoked for not more
6.30than 12 months. Before reinstatement of a driver's license or registration, the operator
6.31shall file with the commissioner of public safety the written certificate of an insurance
6.32carrier authorized to do business in this state stating that security has been provided by the
6.33operator as required by section 65B.48.
6.34(d) (g) The commissioner shall include a notice of the penalties contained in this
6.35section on all forms for registration of vehicles required to maintain a plan of reparation
6.36security.

7.1    Sec. 3. Minnesota Statutes 2010, section 357.021, subdivision 6, is amended to read:
7.2    Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
7.3in this paragraph, the court shall impose and the court administrator shall collect a $75
7.4surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
7.5petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
7.6parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
7.7than one offense in a case, the surcharge shall be imposed only once in that case. In the
7.8Second Judicial District, the court shall impose, and the court administrator shall collect,
7.9an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
7.10misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
7.11relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
7.12$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
7.13imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
7.14is convicted of a petty misdemeanor for which no fine is imposed.
7.15    (b) If the court fails to impose a surcharge as required by this subdivision, the court
7.16administrator shall show the imposition of the surcharge, collect the surcharge, and
7.17correct the record.
7.18    (c) The court may not waive payment of the surcharge required under this
7.19subdivision. Upon a showing of indigency or undue hardship upon the convicted person
7.20or the convicted person's immediate family, the sentencing court may authorize payment
7.21of the surcharge in installments.
7.22    (d) The court administrator or other entity collecting a surcharge shall forward it to
7.23the commissioner of management and budget.
7.24    (e) If the convicted person is sentenced to imprisonment and has not paid the
7.25surcharge before the term of imprisonment begins, the chief executive officer of the
7.26correctional facility in which the convicted person is incarcerated shall collect the
7.27surcharge from any earnings the inmate accrues from work performed in the facility
7.28or while on conditional release. The chief executive officer shall forward the amount
7.29collected to the court administrator or other entity collecting the surcharge imposed by
7.30the court.
7.31(f) A person who successfully completes a diversion or similar program enters
7.32a diversion program, continuance without prosecution, continuance for dismissal, or
7.33stay of adjudication for a violation of chapter 169 must pay the surcharge described in
7.34this subdivision. A surcharge imposed under this paragraph shall be imposed only once
7.35per case.
8.1(g) The surcharge does not apply to administrative citations issued pursuant to
8.2section 169.999.

8.3    Sec. 4. Minnesota Statutes 2010, section 563.01, subdivision 3, is amended to read:
8.4    Subd. 3. Authorization of forma pauperis. (a) Any court of the state of Minnesota
8.5or any political subdivision thereof may authorize the commencement or defense of any
8.6civil action, or appeal therein, without prepayment of fees, costs and security for costs by
8.7a natural person who makes affidavit stating (a) the nature of the action, defense or appeal,
8.8(b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to
8.9pay the fees, costs and security for costs.
8.10(b) Upon a finding by the court that the action is not of a frivolous nature, the court
8.11shall allow the person to proceed in forma pauperis if the affidavit is substantially in the
8.12language required by this subdivision and is not found by the court to be untrue. Persons
8.13meeting the requirements of this subdivision include, but are not limited to, a person who
8.14is receiving public assistance, who is represented by an attorney on behalf of a civil legal
8.15services program or a volunteer attorney program based on indigency, or who has an
8.16annual income not greater than 125 percent of the poverty line established under United
8.17States Code, title 42, section 9902(2), except as otherwise provided by section 563.02.
8.18(c) If, at or following commencement of the action, the party is or becomes able
8.19to pay a portion of the fees, costs, and security for costs, the court may order any of
8.20the following:
8.21(1) payment of a fee of not less than $75;
8.22(2) partial payment of fees, costs, and security for costs; or
8.23(3) reimbursement of all or a portion of fees, costs, and security for costs paid in
8.24monthly payments as directed by the court.
8.25The court administrator shall transmit any fees or payments to the commissioner of
8.26management and budget for deposit in the state treasury and credit them to the general
8.27fund.
8.28EFFECTIVE DATE.This section is effective July 1, 2011.


8.31    Section 1. Minnesota Statutes 2010, section 609.131, subdivision 1, is amended to read:
8.32    Subdivision 1. General rule. Except as provided in subdivision 2, an alleged
8.33misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney
8.34believes that it is in the interest of justice that the defendant not be imprisoned if convicted
9.1and certifies that belief to the court at or before the time of arraignment or pretrial hearing,
9.2and the court approves of the certification motion. Prior to the appointment of a public
9.3defender to represent a defendant charged with a misdemeanor, the court shall inquire of
9.4the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor.
9.5The defendant's consent to the certification is not required. When an offense is certified
9.6as a petty misdemeanor under this section, the defendant's eligibility for court-appointed
9.7counsel must be evaluated as though the offense were a misdemeanor defendant is not
9.8eligible for the appointment of a public defender.

9.9    Sec. 2. Minnesota Statutes 2010, section 611.16, is amended to read:
9.10611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
9.11Any person described in section 611.14 or any other person entitled by law to
9.12representation by counsel, may at any time request the court in which the matter is pending,
9.13or the court in which the conviction occurred, to appoint a public defender to represent the
9.14person. In a proceeding defined by clause (2) of section 611.14, clause (2), application for
9.15the appointment of a public defender may also be made to a judge of the Supreme Court.

9.16    Sec. 3. Minnesota Statutes 2010, section 611.17, is amended to read:
9.17611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
9.18STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
9.19    (a) Each judicial district must screen requests for representation by the district public
9.20defender. A defendant is financially unable to obtain counsel if:
9.21    (1) the defendant, or any dependent of the defendant who resides in the same
9.22household as the defendant, receives means-tested governmental benefits; or is charged
9.23with a misdemeanor and has an annual household income not greater than 125 percent of
9.24the poverty guidelines updated periodically in the Federal Register by the United States
9.25Department of Health and Human Services under the authority of United States Code,
9.26title 42, section 9902(2);
9.27(2) the defendant is charged with a gross misdemeanor and has an annual household
9.28income not greater than 150 percent of the poverty guidelines updated periodically in the
9.29Federal Register by the United States Department of Health and Human Services under
9.30the authority of United States Code, title 42, section 9902(2);
9.31(3) the defendant is charged with a felony and has an annual household income not
9.32greater than 175 percent of the poverty guidelines updated periodically in the Federal
9.33Register by the United States Department of Health and Human Services under the
9.34authority of United States Code, title 42, section 9902(2); or
10.1    (2) (4) the court determines that the defendant, through any combination of liquid
10.2assets and current income, would be unable to pay the reasonable costs charged by private
10.3counsel in that judicial district for a defense of the same matter.
10.4    (b) Upon a request for the appointment of counsel, the court shall make an
10.5appropriate inquiry into the determination of financial circumstances eligibility under
10.6paragraph (a) of the applicant, who shall submit a financial statement under oath or
10.7affirmation setting forth the applicant's assets and liabilities, including the value of any
10.8real property owned by the applicant, whether homestead or otherwise, less the amount of
10.9any encumbrances on the real property, the source or sources of income, and any other
10.10information required by the court. The applicant shall be under a continuing duty while
10.11represented by a public defender to disclose any changes in the applicant's financial
10.12circumstances that might be relevant to the applicant's eligibility for a public defender.
10.13The state public defender shall furnish appropriate forms for the financial statements,
10.14which must be used by the district courts throughout the state. The forms must contain
10.15conspicuous notice of the applicant's continuing duty to disclose to the court changes in
10.16the applicant's financial circumstances. The forms must also contain conspicuous notice
10.17of the applicant's obligation to make a co-payment for the services of the district public
10.18defender, as specified under paragraph (c). The information contained in the statement
10.19shall be confidential and for the exclusive use of the court and the public defender
10.20appointed by the court to represent the applicant except for any prosecution under
10.21section 609.48. A refusal to execute the financial statement or produce financial records
10.22constitutes a waiver of the right to the appointment of a public defender. The court shall
10.23not appoint a district public defender to a defendant who is financially able to retain
10.24private counsel but refuses to do so.
10.25    An inquiry to determine financial eligibility of a defendant for the appointment of
10.26the district public defender shall be made whenever possible prior to the court appearance
10.27and by such persons as the court may direct. This inquiry may be combined with the
10.28prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
10.29subdivision 3. In no case shall the district public defender be required to perform this
10.30inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
10.31conduct a financial inquiry. The inquiry must include the following:
10.32    (1) the liquidity of real estate assets, including the defendant's homestead;
10.33    (2) any assets that can be readily converted to cash or used to secure a debt;
10.34    (3) the determination of whether the transfer of an asset is voidable as a fraudulent
10.35conveyance; and
11.1    (4) the value of all property transfers occurring on or after the date of the alleged
11.2offense. The burden is on the accused to show that the accused is financially unable
11.3to afford counsel. Defendants who fail to provide information necessary to determine
11.4eligibility shall be deemed ineligible. The court must not appoint the district public
11.5defender as advisory counsel.
11.6    (c) Upon disposition of the case, an individual who has received public defender
11.7services shall pay to the court a $75 co-payment for representation provided by a public
11.8defender, unless the co-payment is, or has been, reduced in part or waived by the court.
11.9    The co-payment must be credited to the general fund. If a term of probation is
11.10imposed as a part of an offender's sentence, the co-payment required by this section must
11.11not be made a condition of probation. The co-payment required by this section is a civil
11.12obligation and must not be made a condition of a criminal sentence.
11.13(d) The court shall not appoint a public defender to a defendant who is financially
11.14able to retain counsel but refuses to do so, refuses to execute the financial statement or
11.15refuses to provide information necessary to determine financial eligibility under this
11.16section, or waives appointment of a public defender under section 611.19.

11.17    Sec. 4. Minnesota Statutes 2010, section 611.18, is amended to read:
11.18611.18 APPOINTMENT OF PUBLIC DEFENDER.
11.19If it appears to a court that a person requesting the appointment of counsel satisfies
11.20the requirements of this chapter, the court shall order the appropriate public defender to
11.21represent the person at all further stages of the proceeding through appeal, if any. For a
11.22person appealing from a conviction, or a person pursuing a postconviction proceeding
11.23and who has not already had a direct appeal of the conviction, according to the standards
11.24of sections 611.14, clause (2), and 611.25, subdivision 1, paragraph (a), clause (2), the
11.25state chief appellate public defender shall be appointed. For a person covered by section
11.26611.14 , clause (1), a (3), or (4), the chief district public defender shall be appointed to
11.27represent that person. If (a) conflicting interests exist, (b) the district public defender for
11.28any other reason is unable to act, or (c) the interests of justice require, the state public
11.29defender may be ordered to represent a person. When the state public defender is directed
11.30by a court to represent a defendant or other person, the state public defender may assign
11.31the representation to any district public defender. If at any stage of the proceedings,
11.32including an appeal, the court finds that the defendant is financially unable to pay counsel
11.33whom the defendant had retained, the court may appoint the appropriate public defender
11.34to represent the defendant, as provided in this section. Prior to any court appearance, a
11.35public defender may represent a person accused of violating the law, who appears to be
12.1financially unable to obtain counsel, and shall continue to represent the person unless it
12.2is subsequently determined that the person is financially able to obtain counsel. The
12.3representation may be made available at the discretion of the public defender, upon the
12.4request of the person or someone on the person's behalf. Any law enforcement officer may
12.5notify the public defender of the arrest of any such person.

12.6    Sec. 5. Minnesota Statutes 2010, section 611.20, subdivision 3, is amended to read:
12.7    Subd. 3. Reimbursement. In each fiscal year, the commissioner of management
12.8and budget shall deposit the payments in the special revenue fund and credit them to a
12.9separate account with the Board of Public Defense. The amount credited to this account is
12.10appropriated to the Board of Public Defense.
12.11The balance of this account does not cancel but is available until expended.
12.12Expenditures by the board from this account for each judicial district public defense office
12.13must be based on the amount of the payments received by the state from the courts in
12.14each judicial district. A district public defender's office that receives money under this
12.15subdivision shall use the money to supplement office overhead payments to part-time
12.16attorneys providing public defense services in the district. By January 15 of each year,
12.17the Board of Public Defense shall report to the chairs and ranking minority members of
12.18the senate and house of representatives divisions having jurisdiction over criminal justice
12.19funding on the amount appropriated under this subdivision, the number of cases handled
12.20by each district public defender's office, the number of cases in which reimbursements
12.21were ordered, and the average amount of reimbursement ordered, and the average amount
12.22of money received by part-time attorneys under this subdivision.
12.23EFFECTIVE DATE.This section is effective July 1, 2011.

12.24    Sec. 6. Minnesota Statutes 2010, section 611.20, subdivision 4, is amended to read:
12.25    Subd. 4. Employed defendants; ability to pay. (a) A court shall order a defendant
12.26who is employed when a public defender is appointed, or who becomes employed while
12.27represented by a public defender, or who is or becomes able to make partial payments
12.28for counsel, to reimburse the state for the cost of the public defender. If reimbursement
12.29is required under this subdivision, the court shall order the reimbursement when a
12.30public defender is first appointed or as soon as possible after the court determines that
12.31reimbursement is required. The court may accept partial reimbursement from the
12.32defendant if the defendant's financial circumstances warrant a reduced reimbursement
12.33schedule. The court may consider the guidelines in subdivision 6 in determining a
12.34defendant's reimbursement schedule. If a defendant does not agree to make payments,
13.1the court may order the defendant's employer to withhold a percentage of the defendant's
13.2income to be turned over to the court. The percentage to be withheld may be determined
13.3under subdivision 6 In determining the percentage to be withheld, the court shall consider
13.4the income and assets of the defendant based on the financial statement provided by the
13.5defendant when applying for the public defender under section 611.17.
13.6(b) If a court determines under section 611.17 that a defendant is financially unable to
13.7pay the reasonable costs charged by private counsel due to the cost of a private retainer fee,
13.8the court shall evaluate the defendant's ability to make partial payments or reimbursement.

13.9    Sec. 7. REPEALER.
13.10Minnesota Statutes 2010, section 611.20, subdivision 6, is repealed.


13.13    Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to
13.14read:
13.15    Subd. 6. Delinquent child. (a) Except as otherwise provided in paragraph
13.16paragraphs (b) and (c), "delinquent child" means a child:
13.17(1) who has violated any state or local law, except as provided in section 260B.225,
13.18subdivision 1 , and except for juvenile offenders as described in subdivisions 16 to 18;
13.19(2) who has violated a federal law or a law of another state and whose case has been
13.20referred to the juvenile court if the violation would be an act of delinquency if committed
13.21in this state or a crime or offense if committed by an adult;
13.22(3) who has escaped from confinement to a state juvenile correctional facility after
13.23being committed to the custody of the commissioner of corrections; or
13.24(4) who has escaped from confinement to a local juvenile correctional facility after
13.25being committed to the facility by the court.
13.26(b) The term delinquent child does not include a child alleged to have committed
13.27murder in the first degree after becoming 16 years of age, but the term delinquent child
13.28does include a child alleged to have committed attempted murder in the first degree.
13.29(c) The term delinquent child does not include a child who is alleged to have
13.30engaged in conduct which would, if committed by an adult, violate any federal, state, or
13.31local law relating to being hired, offering to be hired, or agreeing to be hired by another
13.32individual to engage in sexual penetration or sexual conduct.
13.33EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
13.34offenses committed on or after that date.

14.1    Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:
14.2    Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty
14.3offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
14.4a violation of section 609.685, or a violation of a local ordinance, which by its terms
14.5prohibits conduct by a child under the age of 18 years which would be lawful conduct if
14.6committed by an adult.
14.7(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
14.8includes an offense that would be a misdemeanor if committed by an adult.
14.9(c) "Juvenile petty offense" does not include any of the following:
14.10(1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,
14.11609.324 , subdivision 2, 609.324, subdivision 3, 609.5632, 609.576, 609.66, 609.746,
14.12609.748 , 609.79, or 617.23;
14.13(2) a major traffic offense or an adult court traffic offense, as described in section
14.14260B.225 ;
14.15(3) a misdemeanor-level offense committed by a child whom the juvenile court
14.16previously has found to have committed a misdemeanor, gross misdemeanor, or felony
14.17offense; or
14.18(4) a misdemeanor-level offense committed by a child whom the juvenile court
14.19has found to have committed a misdemeanor-level juvenile petty offense on two or
14.20more prior occasions, unless the county attorney designates the child on the petition
14.21as a juvenile petty offender notwithstanding this prior record. As used in this clause,
14.22"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
14.23would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
14.24(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
14.25term juvenile petty offender does not include a child alleged to have violated any law
14.26relating to being hired, offering to be hired, or agreeing to be hired by another individual
14.27to engage in sexual penetration or sexual conduct which, if committed by an adult, would
14.28be a misdemeanor.
14.29EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
14.30offenses committed on or after that date.

14.31    Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:
14.32    Subd. 6. Child in need of protection or services. "Child in need of protection or
14.33services" means a child who is in need of protection or services because the child:
14.34    (1) is abandoned or without parent, guardian, or custodian;
15.1    (2)(i) has been a victim of physical or sexual abuse as defined in section 626.556,
15.2subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
15.3subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
15.4would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
15.5child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
15.6as defined in subdivision 15;
15.7    (3) is without necessary food, clothing, shelter, education, or other required care
15.8for the child's physical or mental health or morals because the child's parent, guardian,
15.9or custodian is unable or unwilling to provide that care;
15.10    (4) is without the special care made necessary by a physical, mental, or emotional
15.11condition because the child's parent, guardian, or custodian is unable or unwilling to
15.12provide that care;
15.13    (5) is medically neglected, which includes, but is not limited to, the withholding of
15.14medically indicated treatment from a disabled infant with a life-threatening condition. The
15.15term "withholding of medically indicated treatment" means the failure to respond to the
15.16infant's life-threatening conditions by providing treatment, including appropriate nutrition,
15.17hydration, and medication which, in the treating physician's or physicians' reasonable
15.18medical judgment, will be most likely to be effective in ameliorating or correcting all
15.19conditions, except that the term does not include the failure to provide treatment other
15.20than appropriate nutrition, hydration, or medication to an infant when, in the treating
15.21physician's or physicians' reasonable medical judgment:
15.22    (i) the infant is chronically and irreversibly comatose;
15.23    (ii) the provision of the treatment would merely prolong dying, not be effective in
15.24ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
15.25futile in terms of the survival of the infant; or
15.26    (iii) the provision of the treatment would be virtually futile in terms of the survival
15.27of the infant and the treatment itself under the circumstances would be inhumane;
15.28    (6) is one whose parent, guardian, or other custodian for good cause desires to be
15.29relieved of the child's care and custody, including a child who entered foster care under a
15.30voluntary placement agreement between the parent and the responsible social services
15.31agency under section 260C.212, subdivision 8;
15.32    (7) has been placed for adoption or care in violation of law;
15.33    (8) is without proper parental care because of the emotional, mental, or physical
15.34disability, or state of immaturity of the child's parent, guardian, or other custodian;
16.1    (9) is one whose behavior, condition, or environment is such as to be injurious or
16.2dangerous to the child or others. An injurious or dangerous environment may include, but
16.3is not limited to, the exposure of a child to criminal activity in the child's home;
16.4    (10) is experiencing growth delays, which may be referred to as failure to thrive, that
16.5have been diagnosed by a physician and are due to parental neglect;
16.6    (11) has engaged in prostitution as defined in section 609.321, subdivision 9 is a
16.7sexually exploited youth as defined in subdivision 31;
16.8    (12) has committed a delinquent act or a juvenile petty offense before becoming
16.9ten years old;
16.10    (13) is a runaway;
16.11    (14) is a habitual truant;
16.12    (15) has been found incompetent to proceed or has been found not guilty by reason
16.13of mental illness or mental deficiency in connection with a delinquency proceeding, a
16.14certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
16.15proceeding involving a juvenile petty offense; or
16.16(16) has a parent whose parental rights to one or more other children were
16.17involuntarily terminated or whose custodial rights to another child have been involuntarily
16.18transferred to a relative and there is a case plan prepared by the responsible social services
16.19agency documenting a compelling reason why filing the termination of parental rights
16.20petition under section 260C.301, subdivision 3, is not in the best interests of the child.
16.21EFFECTIVE DATE.This section is effective August 1, 2011.

16.22    Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:
16.23    Subd. 11. Delinquent child. "Delinquent child" means a child:
16.24(1) who has violated any state or local law, except as provided in section 260B.225,
16.25subdivision 1 , and except for juvenile offenders as described in subdivisions 19 and 28; or
16.26(2) who has violated a federal law or a law of another state and whose case has been
16.27referred to the juvenile court if the violation would be an act of delinquency if committed
16.28in this state or a crime or offense if committed by an adult has the meaning given in
16.29section 260B.007, subdivision 6.
16.30EFFECTIVE DATE.This section is effective August 1, 2011.

16.31    Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a
16.32subdivision to read:
17.1    Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an
17.2individual who:
17.3(1) is alleged to have engaged in conduct which would, if committed by an adult,
17.4violate any federal, state, or local law relating to being hired, offering to be hired, or
17.5agreeing to be hired by another individual to engage in sexual penetration or sexual
17.6conduct;
17.7(2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451,
17.8609.3453, 609.352, 617.246, or 617.247;
17.9(3) is a victim of a crime described in United States Code, title 18, section 2260;
17.102421; 2422; 2423; 2425; 2425A; or 2256; or
17.11(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.
17.12EFFECTIVE DATE.This section is effective August 1, 2011.

17.13    Sec. 6. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
17.14    Subd. 8. Prostitute. "Prostitute" means an individual 18 years of age or older who
17.15engages in prostitution.
17.16EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
17.17committed on or after that date.

17.18    Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read:
17.19609.3241 PENALTY ASSESSMENT AUTHORIZED.
17.20(a) When a court sentences an adult convicted of violating section 609.322 or
17.21609.324 , while acting other than as a prostitute, the court shall impose an assessment of
17.22not less than $250 $500 and not more than $500 $750 for a violation of section 609.324,
17.23subdivision 2 , or a misdemeanor violation of section 609.324, subdivision 3; otherwise
17.24the court shall impose an assessment of not less than $500 $750 and not more than
17.25$1,000. The mandatory minimum portion of the assessment is to be used for the purposes
17.26described in section 626.558, subdivision 2a, shall be distributed as provided in paragraph
17.27(c) and is in addition to the surcharge required by section 357.021, subdivision 6. Any
17.28portion of the assessment imposed in excess of the mandatory minimum amount shall be
17.29deposited in an account in the special revenue fund and is appropriated annually to the
17.30commissioner of public safety. The commissioner, with the assistance of the General
17.31Crime Victims Advisory Council, shall use money received under this section for grants to
17.32agencies that provide assistance to individuals who have stopped or wish to stop engaging
18.1in prostitution. Grant money may be used to provide these individuals with medical care,
18.2child care, temporary housing, and educational expenses.
18.3(b) The court may not waive payment of the minimum assessment required by
18.4this section. If the defendant qualifies for the services of a public defender or the court
18.5finds on the record that the convicted person is indigent or that immediate payment of
18.6the assessment would create undue hardship for the convicted person or that person's
18.7immediate family, the court may reduce the amount of the minimum assessment to not
18.8less than $100. The court also may authorize payment of the assessment in installments.
18.9(c) The assessment collected under paragraph (a) must be distributed as follows:
18.10(1) 40 percent of the assessment shall be forwarded to the political subdivision that
18.11employs the arresting officer for use in enforcement, training, and education activities
18.12related to combating sexual exploitation of youth, or if the arresting officer is an employee
18.13of the state, this portion shall be forwarded to the commissioner of public safety for those
18.14purposes identified in clause (3);
18.15(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
18.16handled the case for use in training and education activities relating to combating sexual
18.17exploitation activities of youth; and
18.18(3) 40 percent of the assessment must be forwarded to the commissioner of public
18.19safety to be deposited in the safe harbor for youth account in the special revenue fund
18.20and are appropriated to the commissioner for distribution to crime victims services
18.21organizations that provide services to sexually exploited youth, as defined in section
18.22260C.007, subdivision 31.
18.23(d) A safe harbor for youth account is established as a special account in the state
18.24treasury.
18.25EFFECTIVE DATE.This section is effective August 1, 2011.

18.26    Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:
18.27    Subd. 2a. Juvenile prostitution Sexually exploited youth outreach program. A
18.28multidisciplinary child protection team may assist the local welfare agency, local law
18.29enforcement agency, or an appropriate private organization in developing a program of
18.30outreach services for juveniles who are engaging in prostitution sexually exploited youth,
18.31including homeless, runaway, and truant youth who are at risk of sexual exploitation.
18.32For the purposes of this subdivision, at least one representative of a youth intervention
18.33program or, where this type of program is unavailable, one representative of a nonprofit
18.34agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
18.35child protection team in addition to the standing members of the team. These services may
19.1include counseling, medical care, short-term shelter, alternative living arrangements, and
19.2drop-in centers. The county may finance these services by means of the penalty assessment
19.3authorized by section 609.3241. A juvenile's receipt of intervention services under this
19.4subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
19.5EFFECTIVE DATE.This section is effective August 1, 2011.

19.6    Sec. 9. SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY
19.7EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.
19.8(a) If sufficient funding from outside sources is donated, the commissioner of public
19.9safety shall develop a statewide model as provided in this section. By June 30, 2012,
19.10the commissioner of public safety, in consultation with the commissioner of health and
19.11the commissioner of human services, shall develop a victim services model to address
19.12the needs of sexually exploited youth and youth at risk of sexual exploitation. The
19.13commissioner shall take into consideration the findings and recommendations as reported
19.14to the legislature on the results of the safe harbor for sexually exploited youth pilot project
19.15authorized by Laws 2006, chapter 282, article 13, section 4, paragraph (b). In addition,
19.16the commissioner shall seek recommendations from prosecutors, public safety officials,
19.17public health professionals, child protection workers, and service providers.
19.18(b) By January 15, 2013, the commissioner of public safety shall report to the chairs
19.19and ranking minority members of the senate and house of representatives divisions having
19.20jurisdiction over health and human services and criminal justice funding and policy on the
19.21development of the statewide model, including recommendations for additional legislation
19.22or funding for services for sexually exploited youth or youth at risk of sexual exploitation.
19.23(c) As used in this section, "sexually exploited youth" has the meaning given in
19.24section 260C.007, subdivision 31.
19.25EFFECTIVE DATE.This section is effective August 1, 2011.

19.26    Sec. 10. REPEALER.
19.27Minnesota Statutes 2010, sections 260B.141, subdivision 5; and 260C.141,
19.28subdivision 6, are repealed.
19.29EFFECTIVE DATE.This section is effective August 1, 2014.


19.32    Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:
20.1    Subd. 4. Patron. "Patron" means an individual who hires or offers or agrees
20.2engages in prostitution by hiring, offering to hire, or agreeing to hire another individual to
20.3engage in sexual penetration or sexual contact.
20.4EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
20.5committed on or after that date.

20.6    Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
20.7    Subd. 8. Prostitute. "Prostitute" means an individual who engages in prostitution
20.8by being hired, offering to be hired, or agreeing to be hired by another individual to
20.9engage in sexual penetration or sexual contact.
20.10EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
20.11committed on or after that date.

20.12    Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:
20.13    Subd. 9. Prostitution. "Prostitution" means engaging or offering or agreeing to
20.14engage for hire hiring, offering to hire, or agreeing to hire another individual to engage in
20.15sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
20.16hired by another individual to engage in sexual penetration or sexual contact.
20.17EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
20.18committed on or after that date.

20.19    Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:
20.20    Subd. 2. Prostitution in public place; penalty for patrons. Whoever, while acting
20.21as a patron, intentionally does any of the following while in a public place is guilty of a
20.22gross misdemeanor:
20.23(1) engages in prostitution with an individual 18 years of age or older; or
20.24(2) hires or, offers to hire, or agrees to hire an individual 18 years of age or older to
20.25engage in sexual penetration or sexual contact.
20.26Except as otherwise provided in subdivision 4, a person who is convicted of violating this
20.27subdivision while acting as a patron must, at a minimum, be sentenced to pay a fine
20.28of at least $1,500.
20.29EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
20.30committed on or after that date.

21.1    Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:
21.2    Subd. 3. General prostitution crimes; penalties for patrons. (a) Whoever, while
21.3acting as a patron, intentionally does any of the following is guilty of a misdemeanor:
21.4(1) engages in prostitution with an individual 18 years of age or above older; or
21.5(2) hires or, offers to hire, or agrees to hire an individual 18 years of age or above
21.6older to engage in sexual penetration or sexual contact. Except as otherwise provided in
21.7subdivision 4, a person who is convicted of violating this paragraph while acting as a
21.8patron must, at a minimum, be sentenced to pay a fine of at least $500.
21.9(b) Whoever violates the provisions of this subdivision within two years of a
21.10previous prostitution conviction for violating this section or section 609.322 is guilty
21.11of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
21.12is convicted of violating this paragraph while acting as a patron must, at a minimum,
21.13be sentenced as follows:
21.14(1) to pay a fine of at least $1,500; and
21.15(2) to serve 20 hours of community work service.
21.16The court may waive the mandatory community work service if it makes specific,
21.17written findings that the community work service is not feasible or appropriate under the
21.18circumstances of the case.
21.19EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
21.20committed on or after that date.

21.21    Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
21.22to read:
21.23    Subd. 6. Prostitution in public place; penalty for prostitutes. Whoever, while
21.24acting as a prostitute, intentionally does any of the following while in a public place is
21.25guilty of a gross misdemeanor:
21.26(1) engages in prostitution with an individual 18 years of age or older; or
21.27(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
21.28or older to engage in sexual penetration or sexual contact.
21.29EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
21.30committed on or after that date.

21.31    Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
21.32to read:
22.1    Subd. 7. General prostitution crimes; penalties for prostitutes. (a) Whoever,
22.2while acting as a prostitute, intentionally does any of the following is guilty of a
22.3misdemeanor:
22.4(1) engages in prostitution with an individual 18 years of age or older; or
22.5(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
22.6or older to engage in sexual penetration or sexual contact.
22.7(b) Whoever violates the provisions of this subdivision within two years of a
22.8previous prostitution conviction for violating this section or section 609.322 is guilty
22.9of a gross misdemeanor.
22.10EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
22.11committed on or after that date."
22.12Amend the title accordingly