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Policy bill signed into law (new law)

Published (5/15/2009)
By Mike Cook
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Predatory offenders will be unable to use electronic devices to sexually solicit children, and people required to register as a predatory offender will be prohibited from accessing social networking Web sites, instant messaging and chat room programs.

These are provisions of the omnibus public safety policy law signed May 12 by the governor. Most of the law is effective July 1, 2009, or Aug. 1, 2009.

Sponsored by Rep. Debra Hilstrom (DFL-Brooklyn Center) and Sen. Mee Moua (DFL-St. Paul), the law also eases state agency mandates and provides local agencies with needed assistance in emergency times.

The law increases from 12 to 24 hours the time an officer may arrest a person who the officer has probable cause to believe committed domestic abuse, expands the ability of judicial districts to create domestic fatality review teams and requires prosecutors to notify victims of criminal sexual conduct about civil protection orders.

A court is permitted to order a sentence beyond what is specified in the sentencing guidelines grid based on an aggravating factor arising from the same course of conduct; a state policy to eliminate racial, gender and ethnic fairness barriers in the courts is set forth; the authority to appoint a referee to act in conciliation court is expanded; and a license reinstatement diversion pilot program can be created for specified persons charged with driving after a suspension or revocation.

Other provisions include:

• businesses that sell over-the-counter methamphetamine precursor drugs must retain a sale log for three years and make it available for inspection by law enforcement at all reasonable times;

• commercial retailers cannot sell a toy designed for children under age 12 that has been recalled for safety reasons;

• public employers cannot consider an applicant’s criminal background history prior to an interview;

• the state’s trespass law is expanded to include crossing into or entering any public or private area lawfully cordoned off by a peace officer; and

• a working group is created to review changes to the state’s laws and policies on DWI offenders.

HF1301*/SF993/CH59

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