Crime bill 'one of strongest in state's history'
Focused on life sentences with no possibility of release for the “worst of the worst” sex offenders and efforts to curtail the state’s methamphetamine epidemic, the omnibus public safety law is “one of the strongest anti-crime bills in Minnesota’s history,” according to Gov. Tim Pawlenty.
Rep. Steve Smith (R-Mound) and Sen. Jane B. Ranum (DFL-Mpls) sponsored the law, which easily passed both houses with bipartisan support.
Financial provisions of the law are effective July 1, 2005. Other provisions are effective Aug. 1, 2005, unless otherwise noted.
Nearly half of the omnibus law involves sex offenders and meth users, reflecting the priority that both parties placed on these public safety threats.
HF1*/SF609/CH136
Focus on sex offenders
Legislators want dangerous sex offenders, like the one who allegedly abducted and killed college student Dru Sjodin, in prison forever.
First- and second-degree criminal sexual offenders will face life in prison without the possibility of release when their crimes involve force, violence or a dangerous weapon, and either two or more heinous elements exists or the offender has a previous sex offence conviction and one heinous element exists. (Art. 2, Sec. 21)
Also, the law creates a new crime known as “criminal sexual predatory conduct” that applies when an offender commits a predatory crime motivated by sexual impulses or as part of a predatory pattern of behavior with criminal sexual conduct as its goal. The statutory maximum sentence for this offense is 25 percent longer than for the underlying predatory crime. (Art. 2, Sec. 20)
Other sex offenders could be given indeterminate sentences with the possibility of being on supervised release after serving the minimum sentence. Several factors must be considered when placing an offender on supervised release, including the possible risk to the community, progress in treatment, behavior while in prison, psychological evaluations, past criminal history and other relevant conduct of the offender. (Art. 2, Sec. 5)
The law gives the Department of Human Services access to the predatory offender registry and requires that administrators of health care facilities be notified if a sex offender is going to live in their facility. Communication about sex offenders who come from other states to live in Minnesota is also strengthened. (Art. 3, Sec. 2)
Sex offenders are barred from attending their own community notification meetings, which are required when Level III offenders leave prison to serve out the remaining one-third of their sentences under supervision in the community. (Art. 3, Sec. 14)
A conference committee dropped House provisions for chemical castration of some sex offenders and special license plates and driver's licenses that would have publicly identified sex offenders.
Methamphetamine crackdown
Legislators agreed that one way to attack the meth problem is to limit access to ephedrine and pseudoephedrine, key ingredients used to manufacture meth.
So beginning July 1, 2005, it will be harder for methamphetamine manufacturers (and everyone else) to purchase cold and allergy medications in pill form that contains ephedrine or pseudoephedrine. Products like Sudafed® will be located behind the pharmacy counter and buyers will have to ask for them, be at least 18 years old, show identification and sign a logbook. Buyers will also be limited to two packages per transaction, not to exceed six grams. (Art. 7, Sec. 3)
Medications with ephedrine or pseudoephedrine in gel capsule or liquid form are not restricted at this time but if meth manufactures switch to using those forms, then the state Board of Pharmacy could put the same restrictions on them. (Art. 7, Sec. 4)
A felony crime is established for stealing, purchasing or possessing anhydrous ammonia to be used in the manufacturing of meth. (Art. 7, Sec. 11)
A written prescription from a veterinarian will be needed to purchase any products with ephedrine or pseudoephedrine for use for animals. (Art. 7, Sec. 1)
Meth is added to the definition of narcotic drug, which gives law enforcement more options for charging defendants. (Art. 7, Sec. 2)
The law criminalizes meth-related activities that impact children and vulnerable adults and establishes a penalty of up to five years in prison and a $10,000 fine. (Art. 7, Sec. 12)
A revolving fund will be established so that city and county governments can borrow funds to clean up mini toxic waste dumps left behind from the manufacture of meth. (Art. 7, Sec. 15)
Ten new agents, at a cost of $1 million each year, will be added to the Bureau of Criminal Apprehension to work exclusively on statewide meth enforcement and investigation. (Art. 1, Sec. 9)
New crimes
The law creates several new crimes and establishes their penalties.
For example, a crime of domestic assault by strangulation is added to the list of qualified domestic violence-related offenses. Enhanced penalties will apply to those who commit more than one qualified domestic assault within a certain time frame. (Art. 17, Sec. 8)
It will be a crime to knowingly provide false information to a police officer. The law also establishes a crime for falsely reporting police misconduct when a person knows the allegations are not true. (Art. 17, Sec. 30)
Anyone who interferes with ambulance service personnel providing emergency care will face the same penalties as those who obstruct peace officers and firefighters performing their duties. (Art. 17, Sec. 29)
People convicted of gasoline theft will face a 30-day suspension of their driver’s license. (Art. 17, Sec. 3)
It’s already a crime to flee from a police officer in a motor vehicle, it will also be a crime to flee in other ways to avoid arrest, detention, investigation, or to conceal or destroy potential evidence. (Art. 17, Sec. 28)
The definition of “public place” is expanded for purposes of the prostitution statutes to include a motor vehicle on a public street, alley, parking lot or driveway that connects a parking lot with a street or highway. (Art. 17, Sec. 23)
Identity theft is a growing concern and one way the Legislature responded was by establishing new crime of “phishing,” which is the electronic use of false pretense to obtain identifies through e-mail, Web sites or any other Internet communication. The crime carries a penalty of up to five years in prison and a $10,000 fine. (Art. 17, Sec. 35)
The harassment and stalking crime is expanded to include monitoring with the use of technology. (Art. 17, Sec. 46)
Tougher penalties
In addition to increased penalties for sex offenders and meth manufacturers, the bill ramps up penalties for other crimes as well.
For example, to keep penalties proportional, people convicted of premeditated first-degree murder will face life in prison without the possibility of parole just as the “worst of the worst” sex offenders. (Art. 17, Sec. 9)
Gang members who commit crimes against children will have 10 years added to the maximum sentences they receive. The new provision, called “Benny’s Law,” was inspired by Ben Doran, a 15-year-old St. Paul boy who was killed in 2003 by gang members in a case of mistaken identify. (Art. 17, Sec. 14)
Penalties are increased for selling steroids and specifically to minors. An exception is made for those who properly and legally use steroids in raising animals. (Art. 17, Sec. 1)
Anyone who promotes, trains or is involved in animal fighting now faces a felony penalty. Those who purchase tickets or attend a fight are subject to a misdemeanor penalty. (Art. 17, Sec. 4)
Some prison space will be freed up by a conditional early release provision for some nonviolent drug offenders whose crimes were committed because of drug addiction and not to make money. (Art. 13, Sec. 6)
Other areas of interest
• Establishes an all felon predatory DNA database in Minnesota and requires all convicted felons to submit a DNA sample. The new law also requires those arrested for certain violent and predatory offenses to submit a DNA sample after a probable cause determination.
The samples would be destroyed if charges are later dismissed or a person is found not guilty. Parents or guardians of juveniles must be contacted before DNA is taken from their child. (Art. 12, Sec. 1)
• Employees are protected against retaliation when they want to take reasonable time off from work, with advanced notice, to be involved in court proceedings because of domestic violence or because a close family member was the victim of a heinous crime. (Art. 9, Sec. 23)
• Peace officers can be reimbursed every five years for up to $1,200 for new bulletproof vests. The costs would be split between the state and the government unit that employs the officer. (Art. 11, Sec. 1)
• The Department of Public Safety is required to research and develop a plan to address human trafficking and assist victims of the crime. (Art. 11, Sec. 6)
Dollars and cents
The law includes $1.65 billion in spending for the biennium, about a 16 percent increase over current year spending for corrections, courts, law enforcement and public safety.
A monthly 25-cent fee increase for 911 service will be charged to each telephone number, effective July 1, 2006. Previously, charges were applied to phone lines. Funds will be used to improve emergency communications. (Art. 10, Sec. 10)
Real estate recording fees will increase to pay for maintaining and updating technology for county recording services. (Art. 14, Sec. 10)
The law includes a 1.5 percent increase for judges, but Mary Pawlenty will decline her salary increase so there is no question of a conflict of interest on the part of her husband, Gov. Tim Pawlenty, said the governor at the bill signing ceremony. (Art. 1, Sec. 2)
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