1.1.................... moves to amend H.F. No. 1301 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. Minnesota Statutes 2008, section 243.166, subdivision 1a, is amended to
1.6read:
1.7    Subd. 1a. Definitions. (a) As used in this section, unless the context clearly
1.8indicates otherwise, the following terms have the meanings given them.
1.9(b) "Bureau" means the Bureau of Criminal Apprehension.
1.10(c) "Dwelling" means the building where the person lives under a formal or informal
1.11agreement to do so.
1.12(d) "Incarceration" and "confinement" do not include electronic home monitoring.
1.13(e) "Instant messaging or chat room" means a program that requires a person to
1.14register or create an account, a user name, or a password to become a member or registered
1.15user of the program and allows members or authorized users to communicate over the
1.16Internet in real time using typed text or voice, including programs associated with online
1.17games, and other online communities. The term does not include an electronic mail
1.18(e-mail) or message board program.
1.19(e) (f) "Law enforcement authority" or "authority" means, with respect to a home
1.20rule charter or statutory city, the chief of police, and with respect to an unincorporated
1.21area, the county sheriff.
1.22(f) (g) "Motor vehicle" has the meaning given in section 169.011, subdivision 92 42.
1.23(g) (h) "Primary address" means the mailing address of the person's dwelling. If
1.24the mailing address is different from the actual location of the dwelling, primary address
1.25also includes the physical location of the dwelling described with as much specificity as
1.26possible.
2.1(h) (i) "School" includes any public or private educational institution, including any
2.2secondary school, trade, or professional institution, or institution of higher education, that
2.3the person is enrolled in on a full-time or part-time basis.
2.4(i) (j) "Secondary address" means the mailing address of any place where the person
2.5regularly or occasionally stays overnight when not staying at the person's primary address.
2.6If the mailing address is different from the actual location of the place, secondary address
2.7also includes the physical location of the place described with as much specificity as
2.8possible.
2.9(k) "Social networking Web site" means an Internet Web site that has a primary
2.10purpose of facilitating social interaction between two or more persons for the purposes of
2.11friendship, meeting other persons, or information exchanges, and allows users to create
2.12Web pages or profiles that provide information about themselves and are available publicly
2.13or to other users and that offers a mechanism for communication with other users, such as
2.14a forum, chat room, electronic mail, or instant messaging.
2.15(j) (l) "Treatment facility" means a residential facility, as defined in section 244.052,
2.16subdivision 1 , and residential chemical dependency treatment programs and halfway
2.17houses licensed under chapter 245A, including, but not limited to, those facilities directly
2.18or indirectly assisted by any department or agency of the United States.
2.19(k) (m) "Work" includes employment that is full time or part time for a period of
2.20time exceeding 14 days or for an aggregate period of time exceeding 30 days during
2.21any calendar year, whether financially compensated, volunteered, or for the purpose of
2.22government or educational benefit.
2.23EFFECTIVE DATE.This section is effective August 1, 2010, and applies to
2.24predators who are required to register before, on, or after that date.

2.25    Sec. 2. Minnesota Statutes 2008, section 243.166, subdivision 4, is amended to read:
2.26    Subd. 4. Contents of registration. (a) The registration provided to the corrections
2.27agent or law enforcement authority, must consist of a statement in writing signed by the
2.28person, giving information required by the bureau, a fingerprint card, and photograph of
2.29the person taken at the time of the person's release from incarceration or, if the person
2.30was not incarcerated, at the time the person initially registered under this section. The
2.31registration information also must include a written consent form signed by the person
2.32allowing a treatment facility or residential housing unit or shelter to release information to
2.33a law enforcement officer about the person's admission to, or residence in, a treatment
2.34facility or residential housing unit or shelter. Registration information on adults and
2.35juveniles may be maintained together notwithstanding section 260B.171, subdivision 3.
3.1    (b) For persons required to register under subdivision 1b, paragraph (c), following
3.2commitment pursuant to a court commitment under section 253B.185 or a similar law
3.3of another state or the United States, in addition to other information required by this
3.4section, the registration provided to the corrections agent or law enforcement authority
3.5must include the person's offense history and documentation of treatment received during
3.6the person's commitment. This documentation is limited to a statement of how far the
3.7person progressed in treatment during commitment.
3.8    (c) Within three days of receipt, the corrections agent or law enforcement authority
3.9shall forward the registration information to the bureau. The bureau shall ascertain
3.10whether the person has registered with the law enforcement authority in the area of the
3.11person's primary address, if any, or if the person lacks a primary address, where the person
3.12is staying, as required by subdivision 3a. If the person has not registered with the law
3.13enforcement authority, the bureau shall send one copy to that authority.
3.14    (d) The corrections agent or law enforcement authority may require that a person
3.15required to register under this section appear before the agent or authority to be
3.16photographed. The agent or authority shall forward the photograph to the bureau.
3.17    (1) Except as provided in clause (2), the agent or authority shall require a person
3.18required to register under this section who is classified as a level III offender under
3.19section 244.052 to appear before the agent or authority at least every six months to be
3.20photographed.
3.21    (2) The requirements of this paragraph shall not apply during any period where
3.22the person to be photographed is: (i) committed to the commissioner of corrections and
3.23incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the
3.24commissioner of human services and receiving treatment in a secure treatment facility.
3.25    (e) During the period a person is required to register under this section, the following
3.26provisions apply:
3.27    (1) Except for persons registering under subdivision 3a, the bureau shall mail a
3.28verification form to the person's last reported primary address. This verification form must
3.29provide notice to the offender that, if the offender does not return the verification form
3.30as required, information about the offender may be made available to the public through
3.31electronic, computerized, or other accessible means. For persons who are registered under
3.32subdivision 3a, the bureau shall mail an annual verification form to the law enforcement
3.33authority where the offender most recently reported. The authority shall provide the
3.34verification form to the person at the next weekly meeting and ensure that the person
3.35completes and signs the form and returns it to the bureau. Notice is sufficient under this
3.36paragraph, if the verification form is sent by first class mail to the person's last reported
4.1primary address, or for persons registered under subdivision 3a, to the law enforcement
4.2authority where the offender most recently reported.
4.3    (2) The person shall mail the signed verification form back to the bureau within ten
4.4days after receipt of the form, stating on the form the current and last address of the
4.5person's residence and the other information required under subdivision 4a.
4.6    (3) In addition to the requirements listed in this section, a person who is assigned
4.7to risk level II or III under section 244.052, and who is no longer under correctional
4.8supervision for a registration offense, or a failure to register offense, but who resides,
4.9works, or attends school in Minnesota, shall have an annual in-person contact with a law
4.10enforcement authority as provided in this section. If the person resides in Minnesota, the
4.11annual in-person contact shall be with the law enforcement authority that has jurisdiction
4.12over the person's primary address or, if the person has no address, the location where the
4.13person is staying. If the person does not reside in Minnesota but works or attends school
4.14in this state, the person shall have an annual in-person contact with the law enforcement
4.15authority or authorities with jurisdiction over the person's school or workplace. During
4.16the month of the person's birth date, the person shall report to the authority to verify the
4.17accuracy of the registration information and to be photographed. Within three days of this
4.18contact, the authority shall enter information as required by the bureau into the predatory
4.19offender registration database and submit an updated photograph of the person to the
4.20bureau's predatory offender registration unit.
4.21    (4) If the person fails to mail the completed and signed verification form to the
4.22bureau within ten days after receipt of the form, or if the person fails to report to the
4.23law enforcement authority during the month of the person's birth date, the person is in
4.24violation of this section.
4.25    (5) For any person who fails to mail the completed and signed verification form to
4.26the bureau within ten days after receipt of the form and who has been determined to be
4.27a risk level III offender under section 244.052, the bureau shall immediately investigate
4.28and notify local law enforcement authorities to investigate the person's location and to
4.29ensure compliance with this section. The bureau also shall immediately give notice of the
4.30person's violation of this section to the law enforcement authority having jurisdiction over
4.31the person's last registered address or addresses.
4.32(6) Persons required to register under this section shall not access, or create or
4.33maintain a personal Web page, profile, account, password, or user name for: (i) a social
4.34networking Web site; or (ii) an instant messaging or chat room program, that permits
4.35persons under the age of 18 to become a member or to create or maintain a personal
4.36Web page.
5.1For persons required to register under subdivision 1b, paragraph (c), following
5.2commitment pursuant to a court commitment under section 253B.185 or a similar law of
5.3another state or the United States, the bureau shall comply with clause (1) at least four
5.4times each year. For persons who, under section 244.052, are assigned to risk level III and
5.5who are no longer under correctional supervision for a registration offense or a failure to
5.6register offense, the bureau shall comply with clause (1) at least two times each year. For
5.7all other persons required to register under this section, the bureau shall comply with clause
5.8(1) each year within 30 days of the anniversary date of the person's initial registration.
5.9    (f) When sending out a verification form, the bureau shall determine whether the
5.10person to whom the verification form is being sent has signed a written consent form
5.11as provided for in paragraph (a). If the person has not signed such a consent form, the
5.12bureau shall send a written consent form to the person along with the verification form.
5.13A person who receives this written consent form shall sign and return it to the bureau
5.14at the same time as the verification form.
5.15EFFECTIVE DATE.This section is effective August 1, 2010, and applies to
5.16predatory offenders who are required to register before, on, or after that date.

5.17    Sec. 3. Minnesota Statutes 2008, section 243.166, subdivision 6, is amended to read:
5.18    Subd. 6. Registration period. (a) Notwithstanding the provisions of section
5.19609.165, subdivision 1 , and except as provided in paragraphs (b), (c), and (d), a person
5.20required to register under this section shall continue to comply with this section until ten
5.21years have elapsed since the person initially registered in connection with the offense, or
5.22until the probation, supervised release, or conditional release period expires, whichever
5.23occurs later. For a person required to register under this section who is committed under
5.24section 253B.18 or 253B.185, the ten-year registration period does not include the period
5.25of commitment.
5.26(b) If a person required to register under this section fails to provide the person's
5.27primary address as required by subdivision 3, paragraph (b), fails to comply with the
5.28requirements of subdivision 3a, fails to provide information as required by subdivision
5.294a, or fails to return the verification form referenced in subdivision 4 within ten days,
5.30the commissioner of public safety may require the person to continue to register for an
5.31additional period of five years. This five-year period is added to the end of the offender's
5.32registration period.
5.33(c) If a person required to register under this section is subsequently incarcerated
5.34following a conviction arrested for any new offenses or any probation, parole, supervised
5.35release, or conditional release violations prior to the end of the person's registration period
6.1and is convicted of and incarcerated for a any new offense or following is incarcerated
6.2for a revocation of probation, parole, supervised release, or conditional release for any
6.3offense, the person shall continue to register until ten years have elapsed since the person
6.4was last released from incarceration or until the person's probation, supervised release, or
6.5conditional release period expires, whichever occurs later. For the purposes of this section,
6.6incarcerated includes credit for time served prior to the conviction or revocation.
6.7(d) A person shall continue to comply with this section for the life of that person:
6.8(1) if the person is convicted of or adjudicated delinquent for any offense for which
6.9registration is required under subdivision 1b, or any offense from another state or any
6.10federal offense similar to the offenses described in subdivision 1b, and the person has a
6.11prior conviction or adjudication for an offense for which registration was or would have
6.12been required under subdivision 1b, or an offense from another state or a federal offense
6.13similar to an offense described in subdivision 1b;
6.14(2) if the person is required to register based upon a conviction or delinquency
6.15adjudication for an offense under section 609.185, clause (2), or a similar statute from
6.16another state or the United States;
6.17(3) if the person is required to register based upon a conviction for an offense under
6.18section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
6.191 , paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g);
6.20or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the
6.21United States similar to the offenses described in this clause; or
6.22(4) if the person is required to register under subdivision 1b, paragraph (c), following
6.23commitment pursuant to a court commitment under section 253B.185 or a similar law of
6.24another state or the United States.
6.25(e) A person described in subdivision 1b, paragraph (b), who is required to register
6.26under the laws of a state in which the person has been previously convicted or adjudicated
6.27delinquent, shall register under this section for the time period required by the state of
6.28conviction or adjudication unless a longer time period is required elsewhere in this section.
6.29EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
6.30predatory offenders who are required to register before, on, or after that date.

6.31    Sec. 4. Minnesota Statutes 2008, section 244.05, subdivision 6, is amended to read:
6.32    Subd. 6. Intensive supervised release. The commissioner may order that an
6.33inmate be placed on intensive supervised release for all or part of the inmate's supervised
6.34release or parole term if the commissioner determines that the action will further the
6.35goals described in section 244.14, subdivision 1, clauses (2), (3), and (4). In addition, the
7.1commissioner may order that an inmate be placed on intensive supervised release for all
7.2of the inmate's conditional or supervised release term if the inmate was convicted of
7.3a sex offense under section 609.342, 609.343, 609.344, 609.345, or 609.3453 or was
7.4sentenced under the provisions of section 609.3455, subdivision 3a. The commissioner
7.5shall order that all level III predatory offenders be placed on intensive supervised release
7.6for the entire supervised release, conditional release, or parole term. The commissioner
7.7may impose appropriate conditions of release on the inmate including but not limited to
7.8unannounced searches of the inmate's person, vehicle, or premises, computer, or other
7.9electronic devices capable of accessing the Internet by an intensive supervision agent;
7.10compliance with court-ordered restitution, if any; random drug testing; house arrest; daily
7.11curfews; frequent face-to-face contacts with an assigned intensive supervision agent;
7.12work, education, or treatment requirements; and electronic surveillance. In addition, any
7.13sex offender placed on intensive supervised release may be ordered to participate in an
7.14appropriate sex offender program as a condition of release. If the inmate violates the
7.15conditions of the intensive supervised release, the commissioner shall impose sanctions as
7.16provided in subdivision 3 and section 609.3455.
7.17EFFECTIVE DATE.This section is effective August 1, 2010, and applies to
7.18predatory offenders who are required to register before, on, or after that date.

7.19    Sec. 5. Minnesota Statutes 2008, section 609.352, subdivision 2a, is amended to read:
7.20    Subd. 2a. Internet or computer Electronic solicitation of children. A person
7.2118 years of age or older who uses the Internet or, a computer, computer program,
7.22computer network, or computer system, an electronic communications system, or a
7.23telecommunications, wire, or radio communications system, or other electronic device
7.24capable of electronic data storage or transmission to commit any of the following acts,
7.25with the intent to arouse the sexual desire of any person, is guilty of a felony and may be
7.26sentenced as provided in subdivision 4:
7.27    (1) soliciting a child or someone the person reasonably believes is a child to engage
7.28in sexual conduct;
7.29    (2) engaging in communication relating to or describing sexual conduct with a
7.30child or someone the person reasonably believes is a child, relating to or describing
7.31sexual conduct; or
7.32    (3) distributing any material, language, or communication, including a photographic
7.33or video image, that relates to or describes sexual conduct to a child or someone the
7.34person reasonably believes is a child.
8.1EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
8.2committed on or after that date.


8.5    Section 1. Minnesota Statutes 2008, section 611A.0315, subdivision 1, is amended to
8.6read:
8.7    Subdivision 1. Notice of decision not to prosecute. (a) A prosecutor shall make
8.8every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct
8.9offense, or harassment that the prosecutor has decided to decline prosecution of the case
8.10or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim
8.11should include, in order of priority: (1) contacting the victim or a person designated by the
8.12victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody,
8.13the notification attempt shall be made before the suspect is released from custody.
8.14(b) Whenever a prosecutor dismisses criminal charges against a person accused of
8.15domestic assault, a criminal sexual conduct offense, or harassment, a record shall be made
8.16of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the
8.17witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
8.18(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual
8.19conduct, or harassment under this section, the prosecutor shall also inform the victim of
8.20the method and benefits of seeking an order for protection under section 518B.01 or a
8.21restraining order under section 609.748 and that the victim may seek an order without
8.22paying a fee.
8.23EFFECTIVE DATE.This section is effective July 1, 2009.

8.24    Sec. 2. Minnesota Statutes 2008, section 629.341, subdivision 1, is amended to read:
8.25    Subdivision 1. Arrest. Notwithstanding section 629.34 or any other law or rule, a
8.26peace officer may arrest a person anywhere without a warrant, including at the person's
8.27residence, if the peace officer has probable cause to believe that within the preceding
8.2812 24 hours the person has committed domestic abuse, as defined in section 518B.01,
8.29subdivision 2 . The arrest may be made even though the assault did not take place in
8.30the presence of the peace officer.
8.31EFFECTIVE DATE.This section is effective July 1, 2009.

8.32    Sec. 3. Laws 1999, chapter 216, article 2, section 27, subdivision 1, as amended by
8.33Laws 2000, chapter 468, section 29, is amended to read:
9.1    Subdivision 1. Pilot project authorized Domestic fatality review teams; purpose.
9.2    The fourth A judicial district may establish a domestic fatality review team as a 30-month
9.3pilot project to review domestic violence deaths that have occurred in the district. The
9.4team may review cases in which prosecution has been completed or the prosecutorial
9.5authority has decided not to pursue the case. The purpose of the review team is to
9.6assess domestic violence deaths in order to develop recommendations for policies and
9.7protocols for community prevention and intervention initiatives to reduce and eliminate
9.8the incidence of domestic violence and resulting fatalities.
9.9EFFECTIVE DATE.This section is effective July 1, 2009.

9.10    Sec. 4. Laws 1999, chapter 216, article 2, section 27, subdivision 3c, as added by Laws
9.112000, chapter 468, section 32, is amended to read:
9.12    Subd. 3c. Immunity. Members of the fourth judicial district domestic fatality
9.13advisory board, members of the domestic fatality review team, and members of each
9.14review panel, as well as their agents or employees, are immune from claims and are
9.15not subject to any suits, liability, damages, or any other recourse, civil or criminal,
9.16arising from any act, proceeding, decision, or determination undertaken or performed or
9.17recommendation made by the domestic fatality review team, provided they acted in good
9.18faith and without malice in carrying out their responsibilities. Good faith is presumed until
9.19proven otherwise and the complainant has the burden of proving malice or a lack of good
9.20faith. No organization, institution, or person furnishing information, data, testimony,
9.21reports, or records to the domestic fatality review team as part of an investigation is civilly
9.22or criminally liable or subject to any other recourse for providing the information.
9.23EFFECTIVE DATE.This section is effective July 1, 2009.

9.24    Sec. 5. Laws 1999, chapter 216, article 2, section 27, subdivision 4, is amended to read:
9.25    Subd. 4. Evaluation and report. (a) The Each domestic fatality review team
9.26shall develop a system for evaluating the effectiveness of its program and shall focus on
9.27identifiable goals and outcomes. An evaluation must include data components as well as
9.28input from individuals involved in the review process.
9.29    (b) The Each domestic fatality review team shall issue two an annual reports report
9.30to the legislature during the pilot project; one on or before December 31, 2000, and one on
9.31or before December 31, 2001. The reports report must consist of the written aggregate
9.32recommendations of the domestic fatality review team without reference to specific cases.
9.33The December 31, 2001, report must include recommendations for legislation. The reports
10.1report must be available upon request and distributed to the governor, attorney general,
10.2supreme court, county board, and district court.
10.3EFFECTIVE DATE.This section is effective July 1, 2009.

10.4    Sec. 6. REPEALER.
10.5Laws 2002, chapter 266, section, 1 as amended by Laws 2004, chapter 290, section
10.638, and Laws 2006, chapter 260, article 5, section 53, is repealed.
10.7EFFECTIVE DATE.This section is effective July 1, 2009.


10.10    Section 1. Minnesota Statutes 2008, section 484.91, subdivision 1, is amended to read:
10.11    Subdivision 1. Establishment. Misdemeanor violations bureaus in the Fourth
10.12Judicial District shall be established in Minneapolis, a southern suburb location, and at
10.13any other northern and western suburban locations dispersed throughout the county as
10.14may be designated by a majority of the judges of the court.

10.15    Sec. 2. Minnesota Statutes 2008, section 491A.03, subdivision 1, is amended to read:
10.16    Subdivision 1. Judges; referees. The judges of district court shall may serve as
10.17judges of conciliation court. In the Second and Fourth Judicial Districts, a majority of
10.18the judges The chief judge of the district may appoint one or more suitable persons to act
10.19as referees in conciliation court; a majority of the judges the chief judge of the district
10.20shall establish qualifications for the office, specify the duties and length of service of
10.21referees, and fix their compensation not to exceed an amount per day determined by the
10.22chief judge of the judicial district.
10.23EFFECTIVE DATE.This section is effective the day following final enactment.

10.24    Sec. 3. Minnesota Statutes 2008, section 609.131, subdivision 1, is amended to read:
10.25    Subdivision 1. General rule. Except as provided in subdivision 2, an alleged
10.26misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney
10.27believes that it is in the interest of justice that the defendant not be imprisoned if convicted
10.28and certifies that belief to the court at or before the time of arraignment or pretrial
10.29hearing, and the court approves of the certification motion. The defendant's consent to the
10.30certification is not required. When an offense is certified as a petty misdemeanor under
10.31this section, the defendant's eligibility for court-appointed counsel must be evaluated
11.1as though the offense were a petty misdemeanor and the defendant will not be eligible
11.2for the appointment of a public defender.
11.3EFFECTIVE DATE.This section is effective July 1, 2009.

11.4    Sec. 4. Minnesota Statutes 2008, section 611.17, is amended to read:
11.5611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
11.6STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
11.7    (a) Each judicial district must screen requests for representation by the district public
11.8defender. A defendant is financially unable to obtain counsel if:
11.9    (1) the defendant, or any dependent of the defendant who resides in the same
11.10household as the defendant, receives means-tested governmental benefits is charged with a
11.11misdemeanor, has no liquid assets, and has an annual income not greater than 150 percent
11.12of the poverty guidelines updated periodically in the Federal Register by the United States
11.13Department of Health and Human Services under the authority of United States Code,
11.14title 42, section 9902(2); or
11.15    (2) the defendant is charged with a gross misdemeanor, has no liquid assets, and
11.16has an annual income not greater than 175 percent of the poverty guidelines updated
11.17periodically in the Federal Register by the United States Department of Health and Human
11.18Services under the authority of United States Code, title 42, section 9902(2); or
11.19(3) the defendant is charged with a felony, has no liquid assets, and has an annual
11.20income not greater than 200 percent of the poverty guidelines updated periodically in the
11.21Federal Register by the United States Department of Health and Human Services under
11.22the authority of United States Code, title 42, section 9902(2); or
11.23(4) the defendant, through any combination of liquid assets and current income,
11.24would be unable to pay the reasonable costs charged by private counsel in that judicial
11.25district for a defense of the same matter.
11.26    (b) Upon a request for the appointment of counsel, the court shall make appropriate
11.27inquiry into the financial circumstances of the applicant, who shall submit a financial
11.28statement under oath or affirmation setting forth the applicant's assets and liabilities,
11.29including the value of any real property owned by the applicant, whether homestead or
11.30otherwise, less the amount of any encumbrances on the real property, the source or sources
11.31of income, and any other information required by the court. The applicant shall be under
11.32a continuing duty while represented by a public defender to disclose any changes in the
11.33applicant's financial circumstances that might be relevant to the applicant's eligibility for a
11.34public defender. The state public defender shall furnish appropriate forms for the financial
11.35statements. The forms must contain conspicuous notice of the applicant's continuing duty
12.1to disclose to the court changes in the applicant's financial circumstances. The forms must
12.2also contain conspicuous notice of the applicant's obligation to make a co-payment for the
12.3services of the district public defender, as specified under paragraph (c). The information
12.4contained in the statement shall be confidential and for the exclusive use of the court
12.5and the public defender appointed by the court to represent the applicant except for any
12.6prosecution under section 609.48. A refusal to execute the financial statement or produce
12.7financial records constitutes a waiver of the right to the appointment of a public defender.
12.8The court shall not appoint a district public defender to a defendant who is financially able
12.9to retain private counsel but refuses to do so.
12.10    An inquiry to determine financial eligibility of a defendant for the appointment of
12.11the district public defender shall be made whenever possible prior to the court appearance
12.12and by such persons as the court may direct. This inquiry may be combined with the
12.13prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
12.14subdivision 3 . In no case shall the district public defender be required to perform this
12.15inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
12.16conduct a financial inquiry. The inquiry must include the following:
12.17    (1) the liquidity of real estate assets, including the defendant's homestead;
12.18    (2) any assets that can be readily converted to cash or used to secure a debt;
12.19    (3) the determination of whether the transfer of an asset is voidable as a fraudulent
12.20conveyance; and
12.21    (4) the value of all property transfers occurring on or after the date of the alleged
12.22offense. The burden is on the accused to show that he or she is financially unable to afford
12.23counsel. Defendants who fail to provide information necessary to determine eligibility
12.24shall be deemed ineligible. The court must not appoint the district public defender as
12.25advisory counsel.
12.26    (c) Upon disposition of the case, an individual who has received public defender
12.27services shall pay to the court a $28 co-payment for representation provided by a public
12.28defender, unless the co-payment is, or has been, waived by the court.
12.29    The co-payment must be credited to the general fund. If a term of probation is
12.30imposed as a part of an offender's sentence, the co-payment required by this section must
12.31not be made a condition of probation. The co-payment required by this section is a civil
12.32obligation and must not be made a condition of a criminal sentence.
12.33EFFECTIVE DATE.This section is effective July 1, 2009.

12.34    Sec. 5. Minnesota Statutes 2008, section 611.18, is amended to read:
12.35611.18 APPOINTMENT OF PUBLIC DEFENDER.
13.1If it appears to a court that a person requesting the appointment of counsel satisfies
13.2the requirements of this chapter, the court shall order the appropriate public defender to
13.3represent the person at all further stages of the proceeding through appeal, if any. For a
13.4person appealing from a conviction, or a person pursuing a postconviction proceeding
13.5and who has not already had a direct appeal of the conviction, according to the standards
13.6of sections 611.14, clause (2), and 611.25, subdivision 1, paragraph (a), clause (2), the
13.7state chief appellate public defender shall be appointed. For a person covered by section
13.8611.14 , clause (1), (3), or (4), a district public defender shall be appointed to represent
13.9that person. If (a) conflicting interests exist, (b) the district public defender for any other
13.10reason is unable to act, or (c) the interests of justice require, the state public defender
13.11may be ordered to represent a person. When the state public defender is directed by a
13.12court to represent a defendant or other person, the state public defender may assign the
13.13representation to any district public defender. If at any stage of the proceedings, including
13.14an appeal, the court finds that the defendant is financially unable to pay counsel whom the
13.15defendant had retained, the court may appoint the appropriate public defender to represent
13.16the defendant, as provided in this section. Prior to any court appearance, a public defender
13.17may represent a person accused of violating the law, who appears to be financially unable
13.18to obtain counsel, and shall continue to represent the person unless it is subsequently
13.19determined that the person is financially able to obtain counsel. The representation may
13.20be made available at the discretion of the public defender, upon the request of the person
13.21or someone on the person's behalf. Any law enforcement officer may notify the public
13.22defender of the arrest of any such person.
13.23EFFECTIVE DATE.This section is effective July 1, 2009.

13.24    Sec. 6. Minnesota Statutes 2008, section 611.20, subdivision 3, is amended to read:
13.25    Subd. 3. Reimbursement. In each fiscal year, the commissioner of finance shall
13.26deposit the payments in the general fund and credit them to a separate account with the
13.27Board of Public Defense. The amount credited to this account is appropriated to the Board
13.28of Public Defense, except that reimbursements collected in the Fourth Judicial District
13.29shall be returned to Hennepin County to offset the county's contribution to pay for the
13.30public defender system under section 611.26, subdivision 3a, paragraph (c).
13.31The balance of this account does not cancel but is available until expended.
13.32Expenditures by the board from this account for each judicial district public defense office
13.33must be based on the amount of the payments received by the state from the courts in
13.34each judicial district. A district public defender's office that receives money under this
13.35subdivision shall use the money to supplement office overhead payments to part-time
14.1attorneys providing public defense services in the district. By January 15 of each year,
14.2the Board of Public Defense shall report to the chairs and ranking minority members of
14.3the senate and house of representatives divisions having jurisdiction over criminal justice
14.4funding on the amount appropriated under this subdivision, the number of cases handled
14.5by each district public defender's office, the number of cases in which reimbursements
14.6were ordered, the average amount of reimbursement ordered, and the average amount of
14.7money received by part-time attorneys under this subdivision.
14.8EFFECTIVE DATE.This section is effective July 1, 2009.

14.9    Sec. 7. Minnesota Statutes 2008, section 611.21, is amended to read:
14.10611.21 SERVICES OTHER THAN COUNSEL.
14.11(a) Counsel For purposes of this section, "counsel" means a public defender
14.12appointed by the court for an indigent defendant, or an attorney who is working for a
14.13public defense corporation under section 611.216 and is representing a defendant who, at
14.14the outset of the prosecution, has an annual income not greater than 125 percent of the
14.15poverty line established under United States Code, title 42, section 9902(2),.
14.16(b) Counsel may file an ex parte application requesting investigative, expert, or other
14.17services necessary to an adequate defense in the case. Upon finding, after appropriate
14.18inquiry in an ex parte proceeding, that the services are necessary and that the defendant is
14.19financially unable to obtain them, the court shall authorize counsel to obtain the services
14.20on behalf of the defendant. The court may establish a limit on the amount which may
14.21be expended or promised for such services. The court may, in the interests of justice,
14.22and upon a finding that timely procurement of necessary services could not await prior
14.23authorization, ratify such services after they have been obtained, but such ratification shall
14.24be given only in unusual situations. The court shall determine reasonable compensation
14.25for the services and direct payment by the county in which the prosecution originated, to
14.26the organization or person who rendered them, upon the filing of a claim for compensation
14.27supported by an affidavit specifying the time expended, services rendered, and expenses
14.28incurred on behalf of the defendant, and the compensation received in the same case or for
14.29the same services from any other source.
14.30(b) (c) The compensation to be paid to a person for such service rendered to a
14.31defendant under this section, or to be paid to an organization for such services rendered by
14.32an employee, may not exceed $1,000, exclusive of reimbursement for expenses reasonably
14.33incurred, unless payment in excess of that limit is certified by the court as necessary to
14.34provide fair compensation for services of an unusual character or duration and the amount
15.1of the excess payment is approved by the chief judge of the district. The chief judge of the
15.2judicial district may delegate approval authority to an active district judge.
15.3(c) (d) If the court denies authorizing counsel to obtain services on behalf of the
15.4defendant, the court shall make written findings of fact and conclusions of law that state
15.5the basis for determining that counsel may not obtain services on behalf of the defendant.
15.6When the court issues an order denying counsel the authority to obtain services, the
15.7defendant may appeal immediately from that order to the Court of Appeals and may
15.8request an expedited hearing.
15.9EFFECTIVE DATE.This section is effective July 1, 2009.

15.10    Sec. 8. [634.36] EVIDENCE OF VIDEOTAPES, AUDIOTAPES, OR OTHER
15.11RECORDINGS.
15.12In any hearing or trial of a criminal offense or petty misdemeanor or proceeding
15.13pursuant to section 169A.53, subdivision 3, evidence of a videotape, audiotape, or
15.14electronic or digital recording prepared by a peace officer, using recording equipment in a
15.15law enforcement vehicle, while in the performance of official duties shall not be excluded
15.16on the ground that a written transcript of the recording was not prepared and available at
15.17or prior to trial. As used in this section, "peace officer" has the meaning given in section
15.18169A.03, subdivision 18.
15.19EFFECTIVE DATE.This section is effective July 1, 2009, and applies to trials and
15.20hearings beginning on or after that date.

15.21    Sec. 9. LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.
15.22    Subdivision 1. Establishment. An eligible city may establish a license reinstatement
15.23diversion pilot program for holders of class D drivers' licenses who have been charged
15.24with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but have not yet
15.25entered a plea in the proceedings. An individual charged with driving after revocation
15.26under Minnesota Statutes, section 171.24, subdivision 2, is eligible for diversion only if
15.27the revocation was due to a violation of Minnesota Statutes, section 169.791; 169.797;
15.28169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6). An individual
15.29who is a holder of a commercial driver's license or who has committed an offense in a
15.30commercial motor vehicle is ineligible for participation in the diversion pilot program.
15.31    Subd. 2. Eligible cities. Each of the cities of Duluth, St. Paul, South St. Paul,
15.32West St. Paul, and Inver Grove Heights is eligible to establish the license reinstatement
15.33diversion pilot program within its city.
16.1    Subd. 3. Contract. Notwithstanding any law or ordinance to the contrary, an
16.2eligible city may contract with a third party to create and administer the diversion program.
16.3    Subd. 4. Diversion of individual. A prosecutor for a participating city may
16.4determine whether to accept an individual for diversion, and in doing so shall consider:
16.5(1) whether the individual has a record of driving without a valid license or other
16.6criminal record, or has previously participated in a diversion program;
16.7(2) the strength of the evidence against the individual, along with any mitigating
16.8factors; and
16.9(3) the apparent ability and willingness of the individual to participate in the
16.10diversion program and comply with its requirements.
16.11    Subd. 5. Diversion driver's license. (a) Notwithstanding any law to the contrary,
16.12the commissioner of public safety may issue a diversion driver's license to a person who
16.13is a participant in a pilot program for diversion, following receipt of an application and
16.14payment of:
16.15(1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by
16.16a participant whose driver's license has been suspended;
16.17(2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
16.18paragraph (a), by a participant whose driver's license has been revoked under Minnesota
16.19Statutes, section 169.791; 169.797; or 171.17, subdivision 1, paragraph (a), clause (6); or
16.20(3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
16.21paragraph (a), by a participant whose driver's license has been revoked under Minnesota
16.22Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which
16.23are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also
16.24must be paid during the course of, and as a condition of, the diversion program.
16.25The diversion driver's license may bear restrictions imposed by the commissioner suitable
16.26to the licensee's driving ability or other restrictions applicable to the licensee as the
16.27commissioner may determine to be appropriate to assure the safe operation of a motor
16.28vehicle by the licensee.
16.29(b) Payments by participants in the diversion program of the reinstatement fee and
16.30surcharge under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), must be
16.31applied first toward payment of the reinstatement fee, and after the reinstatement fee has
16.32been fully paid, toward payment of the surcharge. Each payment that is applied toward
16.33the reinstatement fee must be credited as provided in Minnesota Statutes, section 171.29,
16.34subdivision 2, paragraph (b), and each payment that is applied toward the surcharge must
16.35be credited as provided in Minnesota Statutes, section 171.29, subdivision 2, paragraphs
16.36(c) and (d).
17.1    Subd. 6. Components of program. (a) At a minimum, the diversion program
17.2must require individuals to:
17.3(1) successfully attend and complete, at the individual's expense, educational classes
17.4that provide, among other things, information on drivers' licensure;
17.5(2) pay, according to a schedule approved by the prosecutor, all required fees,
17.6fines, and charges, including applicable statutory license reinstatement fees and costs
17.7of participation in the program;
17.8(3) comply with all traffic laws; and
17.9(4) demonstrate compliance with vehicle insurance requirements.
17.10(b) An individual who is accepted into the pilot program is eligible to apply for a
17.11diversion driver's license.
17.12    Subd. 7. Termination of participation in diversion program. (a) An individual's
17.13participation in the diversion program may terminate when:
17.14(1) during participation in the program, the individual is guilty of a moving traffic
17.15violation or failure to provide vehicle insurance;
17.16(2) the third-party administrator of the diversion program informs the court and the
17.17commissioner of public safety that the individual is no longer satisfying the conditions
17.18of the diversion; or
17.19(3) the third-party administrator informs the court, the prosecutor, and the
17.20commissioner of public safety that the individual has met all conditions of the diversion
17.21program, including, at a minimum, satisfactory fulfillment of the components in
17.22subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline
17.23to prosecute.
17.24(b) Upon termination of an individual's participation in the diversion program, the
17.25commissioner shall cancel the individual's diversion driver's license.
17.26(c) The original charge against the individual of violation of Minnesota Statutes,
17.27section 171.24, may be reinstated against an individual whose participation in the
17.28diversion program terminates under paragraph (a), clause (1) or (2).
17.29(d) The commissioner shall reinstate the driver's license of an individual whose
17.30participation in the diversion program terminates under paragraph (a), clause (3).
17.31    Subd. 8. Report. (a) By February 1, 2011, the commissioner of public safety and
17.32each eligible city that participates in the diversion program shall report to the legislative
17.33committees with jurisdiction over transportation and the judiciary concerning the results
17.34of the program. The report must include, without limitation, the effect of the program on:
17.35(1) recidivism rates for participants in the diversion pilot program;
18.1(2) the number of unlicensed drivers who continue to drive in violation of Minnesota
18.2Statutes, section 171.24;
18.3(3) payment of the fees and fines collected in the diversion pilot program to cities,
18.4counties, and the state;
18.5(4) educational support provided to participants in the diversion pilot program; and
18.6(5) the total number of participants in the diversion pilot program and the number of
18.7participants who have terminated from the pilot program under subdivision 7, paragraph
18.8(a), clauses (1) to (3).
18.9    (b) The report must include recommendations regarding the future of the program
18.10and any necessary legislative changes.
18.11    Subd. 9. Sunset. The pilot project under this section expires June 30, 2011.
18.12EFFECTIVE DATE.This section is effective July 1, 2009.

18.13    Sec. 10. REPEALER.
18.14Minnesota Statutes 2008, section 383B.65, subdivision 2, is repealed.


18.17    Section 1. Minnesota Statutes 2008, section 244.10, is amended by adding a
18.18subdivision to read:
18.19    Subd. 5a. Aggravating factors. Notwithstanding section 609.035 or 609.04 or other
18.20law to the contrary, when a court sentences an offender for a felony conviction, the court
18.21may order an aggravated sentence based on any aggravating factor that is not an element
18.22of the crime of conviction being sentenced, regardless of whether the factor constitutes
18.23an element of another crime of conviction in the same prosecution, or uncharged acts or
18.24behavior occurring during the same course of conduct in the same prosecution.
18.25EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
18.26committed on or after that date.

18.27    Sec. 2. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
18.28    Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
18.29in this paragraph, the court shall impose and the court administrator shall collect a $75
18.30surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
18.31petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
18.32parking, for which there shall be a $4 surcharge. In the Second Judicial District, the
18.33court shall impose, and the court administrator shall collect, an additional $1 surcharge
19.1on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
19.2misdemeanor offense, including a violation of a law or ordinance relating to vehicle
19.3parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
19.4surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
19.5sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
19.6petty misdemeanor for which no fine is imposed.
19.7    (b) If the court fails to impose a surcharge as required by this subdivision, the court
19.8administrator shall show the imposition of the surcharge, collect the surcharge, and
19.9correct the record.
19.10    (c) The court may not waive payment of the surcharge required under this
19.11subdivision. Upon a showing of indigency or undue hardship upon the convicted person
19.12or the convicted person's immediate family, the sentencing court may authorize payment
19.13of the surcharge in installments.
19.14    (d) The court administrator or other entity collecting a surcharge shall forward it
19.15to the commissioner of finance.
19.16    (e) If the convicted person is sentenced to imprisonment and has not paid the
19.17surcharge before the term of imprisonment begins, the chief executive officer of the
19.18correctional facility in which the convicted person is incarcerated shall collect the
19.19surcharge from any earnings the inmate accrues from work performed in the facility
19.20or while on conditional release. The chief executive officer shall forward the amount
19.21collected to the commissioner of finance court administrator or other entity collecting the
19.22surcharge imposed by the court.
19.23EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
19.24surcharges collected by the chief executive officer of a correctional facility on or after
19.25that date.

19.26    Sec. 3. Minnesota Statutes 2008, section 401.025, subdivision 1, is amended to read:
19.27    Subdivision 1. Peace officers and probation officers serving CCA counties. (a)
19.28When it appears necessary to enforce discipline or to prevent a person on conditional
19.29release from escaping or absconding from supervision, the chief executive officer or
19.30designee of a community corrections agency in a CCA county has the authority to issue
19.31a written order directing any peace officer in the county or any probation officer in the
19.32state serving the district and juvenile courts of the county to detain and bring the person
19.33before the court or the commissioner, whichever is appropriate, for disposition. This
19.34written order is sufficient authority for the peace officer or probation officer to detain the
20.1person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a
20.2hearing before the court or the commissioner.
20.3(b) The chief executive officer or designee of a community corrections agency in a
20.4CCA county has the authority to issue a written order directing a peace officer or probation
20.5officer serving the district and juvenile courts of the county to release a person detained
20.6under paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays, without
20.7an appearance before the court or the commissioner. This written order is sufficient
20.8authority for the peace officer or probation officer to release the detained person.
20.9(c) The chief executive officer or designee of a community corrections agency in a
20.10CCA county has the authority to issue a written order directing any peace officer in the
20.11county or any probation officer serving the district and juvenile courts of the county to
20.12detain any person on court-ordered pretrial release who absconds from pretrial release
20.13or fails to abide by the conditions of pretrial release. A written order issued under this
20.14paragraph is sufficient authority for the peace officer or probation officer to detain the
20.15person.
20.16EFFECTIVE DATE.This section is effective July 1, 2009.

20.17    Sec. 4. Minnesota Statutes 2008, section 471.59, is amended by adding a subdivision
20.18to read:
20.19    Subd. 12b. Correctional officers. If there is an agreement, merger, or consolidation
20.20between two or more local correctional or detention facilities, a correctional officer who
20.21becomes employed by a new entity created by the agreement, merger, or consolidation
20.22must receive credit for accumulated vacation and sick leave time earned by the correctional
20.23officer during the officer's employment with a governmental unit immediately preceding
20.24the creation of the new entity. If a correctional officer working pursuant to an agreement,
20.25merger, or consolidation becomes employed by the new entity, the correctional officer is
20.26considered to have begun employment with the new entity on the first day of employment
20.27with the governmental unit employing the correctional officer immediately preceding the
20.28creation of the new entity and must be credited with all previously accumulated vacation
20.29and sick leave time.
20.30EFFECTIVE DATE.This section is effective July 1, 2009.

20.31    Sec. 5. Minnesota Statutes 2008, section 629.34, subdivision 1, is amended to read:
20.32    Subdivision 1. Peace officers. (a) A peace officer, as defined in section 626.84,
20.33subdivision 1 , clause (c), who is on or off duty within the jurisdiction of the appointing
21.1authority, or on duty outside the jurisdiction of the appointing authority pursuant to section
21.2629.40 , may arrest a person without a warrant as provided under paragraph (c).
21.3(b) A part-time peace officer, as defined in section 626.84, subdivision 1, clause (d),
21.4who is on duty within the jurisdiction of the appointing authority, or on duty outside the
21.5jurisdiction of the appointing authority pursuant to section 629.40 may arrest a person
21.6without a warrant as provided under paragraph (c).
21.7(c) A peace officer or part-time peace officer who is authorized under paragraph (a)
21.8or (b) to make an arrest without a warrant may do so under the following circumstances:
21.9(1) when a public offense has been committed or attempted in the officer's presence;
21.10(2) when the person arrested has committed a felony, although not in the officer's
21.11presence;
21.12(3) when a felony has in fact been committed, and the officer has reasonable cause
21.13for believing the person arrested to have committed it;
21.14(4) upon a charge based upon reasonable cause of the commission of a felony by
21.15the person arrested;
21.16(5) under the circumstances described in clause (2), (3), or (4), when the offense is a
21.17gross misdemeanor violation of section 609.52, 609.595, 609.631, 609.749, or 609.821; or
21.18(6) under circumstances described in clause (2), (3), or (4), when the offense is a
21.19nonfelony violation of a restraining order or no contact order previously issued by a
21.20court. ; or
21.21(7) under the circumstances described in clause (2), (3), or (4), when the offense is
21.22a gross misdemeanor violation of section 609.485 and the person arrested is a juvenile
21.23committed to the custody of the commissioner of corrections.
21.24(d) To make an arrest authorized under this subdivision, the officer may break open
21.25an outer or inner door or window of a dwelling house if, after notice of office and purpose,
21.26the officer is refused admittance.
21.27EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
21.28persons escaping from custody on or after that date.

21.29    Sec. 6. SENTENCING GUIDELINES COMMISSION; CONSOLIDATION OF
21.30REPORTS.
21.31The Sentencing Guidelines Commission may consolidate legislatively mandated
21.32reports to achieve administrative efficiencies or fiscal savings or to reduce the burden of
21.33reporting requirements. The Sentencing Guidelines Commission may not eliminate a
21.34legislatively mandated reporting requirement without prior legislative approval.
21.35EFFECTIVE DATE.This section is effective the day following final enactment.

22.1    Sec. 7. REPEALER.
22.2Minnesota Statutes 2008, sections 260B.199, subdivision 2; and 260B.201,
22.3subdivision 3, are repealed.
22.4EFFECTIVE DATE.This section is effective the day following final enactment.


22.7    Section 1. Minnesota Statutes 2008, section 152.02, subdivision 6, is amended to read:
22.8    Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As
22.9used in this subdivision, the following terms have the meanings given:
22.10(1) "methamphetamine precursor drug" means any compound, mixture, or
22.11preparation intended for human consumption containing ephedrine or pseudoephedrine as
22.12its sole active ingredient or as one of its active ingredients; and
22.13(2) "over-the-counter sale" means a retail sale of a drug or product but does not
22.14include the sale of a drug or product pursuant to the terms of a valid prescription.
22.15(b) The following items are listed in Schedule V:
22.16(1) any compound, mixture, or preparation containing any of the following limited
22.17quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
22.18ingredients in sufficient proportion to confer upon the compound, mixture or preparation
22.19valuable medicinal qualities other than those possessed by the narcotic drug alone:
22.20(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
22.21grams;
22.22(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
22.23grams;
22.24(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
22.25of atropine sulfate per dosage unit; or
22.26(iv) not more than 15 milligrams of anhydrous morphine per 100 milliliters or per
22.27100 grams; and
22.28(2) any compound, mixture, or preparation containing ephedrine or pseudoephedrine
22.29as its sole active ingredient or as one of its active ingredients.
22.30(c) No person may sell in a single over-the-counter sale more than two packages of a
22.31methamphetamine precursor drug or a combination of methamphetamine precursor drugs
22.32or any combination of packages exceeding a total weight of six grams.
22.33(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
23.1(1) packages containing not more than a total of three grams of one or
23.2more methamphetamine precursor drugs, calculated in terms of ephedrine base or
23.3pseudoephedrine base; or
23.4(2) for nonliquid products, sales in blister packs, where each blister contains not
23.5more than two dosage units, or, if the use of blister packs is not technically feasible, sales
23.6in unit dose packets or pouches.
23.7(e) A business establishment that offers for sale methamphetamine precursor drugs
23.8in an over-the-counter sale shall ensure that all packages of the drugs are displayed
23.9behind a checkout counter where the public is not permitted and are offered for sale only
23.10by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
23.11establishment shall ensure that the person making the sale requires the buyer:
23.12(1) to provide photographic identification showing the buyer's date of birth; and
23.13(2) to sign a written or electronic document detailing the date of the sale, the name
23.14of the buyer, and the amount of the drug sold.
23.15A document described under clause (2) must be retained by the establishment for
23.16at least three years and must at all reasonable times be open to the inspection of any
23.17law enforcement agency.
23.18Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
23.19purchase.
23.20(f) No person may acquire through over-the-counter sales more than six grams of
23.21methamphetamine precursor drugs within a 30-day period.
23.22(g) No person may sell in an over-the-counter sale a methamphetamine precursor
23.23drug to a person under the age of 18 years. It is an affirmative defense to a charge under
23.24this paragraph if the defendant proves by a preponderance of the evidence that the
23.25defendant reasonably and in good faith relied on proof of age as described in section
23.26340A.503, subdivision 6 .
23.27(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of
23.28a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
23.29payment of a fine of not more than $1,000, or both.
23.30(i) An owner, operator, supervisor, or manager of a business establishment that
23.31offers for sale methamphetamine precursor drugs whose employee or agent is convicted of
23.32or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal
23.33penalties for violating any of those paragraphs if the person:
23.34(1) did not have prior knowledge of, participate in, or direct the employee or agent to
23.35commit the violation; and
24.1(2) documents that an employee training program was in place to provide the
24.2employee or agent with information on the state and federal laws and regulations regarding
24.3methamphetamine precursor drugs.
24.4(j) Any person employed by a business establishment that offers for sale
24.5methamphetamine precursor drugs who sells such a drug to any person in a suspicious
24.6transaction shall report the transaction to the owner, supervisor, or manager of the
24.7establishment. The owner, supervisor, or manager may report the transaction to local law
24.8enforcement. A person who reports information under this subdivision in good faith is
24.9immune from civil liability relating to the report.
24.10(k) Paragraphs (b) to (j) do not apply to:
24.11(1) pediatric products labeled pursuant to federal regulation primarily intended for
24.12administration to children under 12 years of age according to label instructions;
24.13(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
24.14being manufactured in a manner that prevents the drug from being used to manufacture
24.15methamphetamine;
24.16(3) methamphetamine precursor drugs in gel capsule or liquid form; or
24.17(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
24.18constitutes less than one percent of its total weight and is not its sole active ingredient.
24.19(l) The Board of Pharmacy, in consultation with the Department of Public Safety,
24.20shall certify methamphetamine precursor drugs that meet the requirements of paragraph
24.21(k), clause (2), and publish an annual listing of these drugs.
24.22(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
24.23pursuant to sections 151.42 to 151.51 and registered with and regulated by the United
24.24States Drug Enforcement Administration are exempt from the methamphetamine precursor
24.25drug storage requirements of this section.
24.26(n) This section preempts all local ordinances or regulations governing the sale
24.27by a business establishment of over-the-counter products containing ephedrine or
24.28pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.
24.29EFFECTIVE DATE.This section is effective August 1, 2009.

24.30    Sec. 2. Minnesota Statutes 2008, section 299A.681, is amended to read:
24.31299A.681 FINANCIAL CRIMES OVERSIGHT COUNCIL ADVISORY
24.32BOARD AND TASK FORCE.
24.33    Subdivision 1. Oversight Council Advisory board. The Minnesota Financial
24.34Crimes Oversight Council Advisory Board shall provide guidance advice to the
25.1commissioner of public safety related to the investigation and prosecution of identity
25.2theft and financial crime.
25.3    Subd. 2. Membership. The Oversight Council advisory board consists of the
25.4following individuals, or their designees:
25.5    (1) the commissioner of public safety;
25.6    (2) the attorney general;
25.7    (3) two chiefs of police, selected by the Minnesota Chiefs of Police Association
25.8from police departments that participate in the Minnesota Financial Crimes Task Force;
25.9    (4) two sheriffs, selected by the Minnesota Sheriffs Association from sheriff
25.10departments that participate in the task force;
25.11    (5) the United States attorney for the district of Minnesota;
25.12    (6) a county attorney, selected by the Minnesota County Attorneys Association;
25.13    (7) a representative from the United States Postal Inspector's Office, selected by the
25.14oversight council;
25.15    (8) a representative from a not-for-profit retail merchants industry, selected by the
25.16oversight council;
25.17    (9) a representative from a not-for-profit banking and credit union industry, selected
25.18by the oversight council;
25.19    (10) a representative from a not-for-profit association representing senior citizens,
25.20selected by the oversight council;
25.21(7) a representative from the Board of Public Defense, selected by that board;
25.22(8) a representative from a federal law enforcement agency, selected by the advisory
25.23board;
25.24(9) a representative from the retail merchants industry, selected by the advisory
25.25board;
25.26(10) a representative from the banking and credit union industry, selected by the
25.27advisory board;
25.28(11) a representative on behalf of senior citizens, selected by the advisory board;
25.29    (11) (12) the statewide commander of the task force;
25.30    (12) a representative from the Board of Public Defense, selected by the board;
25.31    (13) two additional members selected by the oversight council advisory board;
25.32    (14) a senator who serves on the committee having jurisdiction over criminal justice
25.33policy, chosen by the Subcommittee on Committees of the senate Committee on Rules
25.34and Administration; and
25.35    (15) a representative who serves on the committee having jurisdiction over criminal
25.36justice policy, chosen by the speaker of the house.
26.1The oversight council advisory board may adopt procedures to govern its conduct and
26.2shall select a chair from among its members. The legislative members of the council
26.3advisory board may not vote on matters before the council board.
26.4    Subd. 3. Duties. The oversight council shall develop advisory board shall offer
26.5advice to the commissioner on the development of an overall strategy to ameliorate the
26.6harm caused to the public by identity theft and financial crime within Minnesota. The
26.7strategy may include the development of protocols and procedures to investigate financial
26.8crimes and a structure for best addressing these issues on a statewide basis and in a
26.9multijurisdictional manner. Additionally, the oversight council The commissioner shall:
26.10(1) establish a multijurisdictional statewide Minnesota Financial Crimes Task Force
26.11to investigate major financial crimes;
26.12(2) with advice from the advisory board, select a statewide commander of the task
26.13force who serves at the pleasure of the oversight council commissioner;
26.14(3) assist the Department of Public Safety in developing develop an objective grant
26.15review application process that is free from conflicts of interest;
26.16(4) make funding recommendations to the commissioner of public safety on with
26.17advice from the advisory board, issue grants to support efforts to combat identity theft
26.18and financial crime;
26.19(5) with advice from the advisory board, assist law enforcement agencies and victims
26.20in developing a process to collect and share information to improve the investigation and
26.21prosecution of identity theft and financial crime;
26.22(6) with advice from the advisory board, develop and approve an operational budget
26.23for the office of the statewide commander and the oversight council Minnesota Financial
26.24Crimes Task Force; and
26.25(7) enter into any contracts necessary to establish and maintain a relationship with
26.26retailers, financial institutions, and other businesses to deal effectively with identity theft
26.27and financial crime.
26.28The task force described in clause (1) may consist of members from local law enforcement
26.29agencies, federal law enforcement agencies, state and federal prosecutors' offices, the
26.30Board of Public Defense, and representatives from elderly victims, retail businesses,
26.31financial institutions, and not-for-profit organizations.
26.32    Subd. 4. Statewide commander. (a) The Minnesota Financial Crimes Task Force
26.33commander under Minnesota Statutes 2004, section 299A.68, shall oversee the transition
26.34of that task force into the task force described in subdivision 3 and remain in place as its
26.35commander until July 1, 2008. On that date, The commissioner of public safety shall
27.1appoint as a statewide commander the individual selected by the oversight council under
27.2subdivision 3.
27.3(b) The commander shall:
27.4(1) coordinate and monitor all multijurisdictional identity theft and financial crime
27.5enforcement activities;
27.6(2) facilitate local efforts and ensure statewide coordination with efforts to combat
27.7identity theft and financial crime;
27.8(3) facilitate training for law enforcement and other personnel;
27.9(4) monitor compliance with investigative protocols;
27.10(5) implement an outcome evaluation and data quality control process;
27.11(6) be responsible for the selection and for cause removal of assigned task force
27.12investigators who are designated participants under a memorandum of understanding or
27.13who receive grant funding;
27.14(7) provide supervision of assigned task force investigators;
27.15(8) submit a task force operational budget to the oversight council commissioner of
27.16public safety for approval; and
27.17(9) submit quarterly task force activity reports to the oversight council advisory
27.18board.
27.19    Subd. 5. Participating officers; employment status. All law enforcement officers
27.20selected to participate in the task force must be licensed peace officers as defined in section
27.21626.84, subdivision 1 , or qualified federal law enforcement officers as defined in section
27.22626.8453 . Participating officers remain employees of the same entity that employed them
27.23before joining any multijurisdictional entity established under this section. Participating
27.24officers are not employees of the state.
27.25    Subd. 6. Jurisdiction and powers. Law enforcement officers participating in any
27.26multijurisdictional entity established under this section have statewide jurisdiction to
27.27conduct criminal investigations and have the same powers of arrest as those possessed
27.28by a sheriff. The task force shall retain from its predecessor the assigned originating
27.29reporting number for case reporting purposes.
27.30    Subd. 7. Grants authorized. The commissioner of public safety, upon
27.31recommendation of the oversight council with advice from the advisory board, shall
27.32make grants to state and local units of government to combat identity theft and financial
27.33crime. The commander, as funding permits, may prepare a budget to establish four
27.34regional districts and funding grant allocations programs outside the counties of Hennepin,
27.35Ramsey, Anoka, Washington, and Dakota. The budget must be reviewed and approved by
27.36the oversight council and recommended to the commissioner to support these efforts.
28.1    Subd. 8. Victims assistance program. (a) The oversight council commissioner
28.2may establish a victims' assistance program to assist victims of economic crimes and
28.3provide prevention and awareness programs. The oversight council commissioner may
28.4retain the services of not-for-profit organizations to assist in the development and delivery
28.5systems in aiding victims of financial crime. The program may not provide any financial
28.6assistance to victims, but may assist victims in obtaining police assistance and advise
28.7victims in how to protect personal accounts and identities. Services may include a victim
28.8toll-free telephone number, fax number, Web site, Monday through Friday telephone
28.9service, e-mail response, and interfaces to other helpful Web sites. Victims' information
28.10compiled are governed under chapter 13.
28.11(b) The oversight council commissioner may post or communicate through public
28.12service announcements in newspapers, radio, television, cable access, billboards, Internet,
28.13Web sites, and other normal advertising channels, a financial reward of up to $2,000 for
28.14tips leading to the apprehension and successful prosecution of individuals committing
28.15economic crime. All rewards must meet the oversight council's standards be approved by
28.16the commissioner. The release of funds must be made to an individual whose information
28.17leads to the apprehension and prosecution of offenders committing economic or financial
28.18crimes against citizens or businesses in Minnesota. All rewards paid to an individual must
28.19be reported to the Department of Revenue along with the individual's Social Security
28.20number.
28.21    Subd. 9. Oversight council Advisory board and task force are permanent.
28.22Notwithstanding section 15.059, this section does not expire.
28.23    Subd. 10. Funding. The oversight council commissioner may accept lawful grants
28.24and in-kind contributions from any federal, state, or local source or legal business or
28.25individual not funded by this section for general operation support, including personnel
28.26costs. These grants or in-kind contributions are not to be directed toward the case of a
28.27particular victim or business. The oversight council's task force's fiscal agent shall handle
28.28all funds approved by the oversight council commissioner, including in-kind contributions.
28.29    Subd. 11. Forfeiture. Property seized by the task force is subject to forfeiture
28.30pursuant to sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership cannot be
28.31established. The council task force shall receive the proceeds from the sale of all property
28.32properly seized and forfeited.
28.33    Subd. 12. Transfer equipment from current task force. All equipment possessed
28.34by the task force described in Minnesota Statutes 2004, section 299A.68, is transferred to
28.35the oversight council for use by the task force described in this section.
29.1    Subd. 13. Report required. By February 1 of each year, the oversight council
29.2commissioner shall report to the chairs and ranking minority members of the senate and
29.3house of representatives committees and divisions having jurisdiction over criminal
29.4justice policy and funding on the activities of the council and task force. At a minimum,
29.5this annual report must include:
29.6    (1) a description of the council's and task force's goals for the previous year and
29.7for the coming year;
29.8    (2) a description of the outcomes the council and task force achieved or did not
29.9achieve during the preceding year and a description of the outcomes they will seek to
29.10achieve during the coming year;
29.11    (3) any legislative recommendations the council or task force advisory board or
29.12commissioner has including, where necessary, a description of the specific legislation
29.13needed to implement the recommendations;
29.14    (4) a detailed accounting of how appropriated money, grants, and in-kind
29.15contributions were spent; and
29.16    (5) a detailed accounting of the grants awarded under this section.
29.17EFFECTIVE DATE.This section is effective July 1, 2009.

29.18    Sec. 3. Minnesota Statutes 2008, section 299C.40, subdivision 2, is amended to read:
29.19    Subd. 2. Purpose. CIBRS is a statewide system containing data from law
29.20enforcement agencies. Data in CIBRS must be made available to law enforcement
29.21agencies in order to:
29.22(1) prepare a case against a person, whether known or unknown, for the commission
29.23of a crime or other offense for which the agency has investigative authority,;
29.24(2) serve process in a criminal case;
29.25(3) inform law enforcement officers of possible safety issues prior to service of
29.26process;
29.27(4) enforce no contact orders;
29.28(5) locate missing persons; or
29.29 for purposes of (6) conduct background investigations required by section 626.87.
29.30EFFECTIVE DATE.This section is effective July 1, 2009.

29.31    Sec. 4. [325F.135] UNSAFE RECALLED TOYS; PROHIBITION ON SALE.
29.32(a) No commercial retailer shall sell in this state a toy that the commercial retailer
29.33knows at the time of the sale has been recalled for any safety-related reason by an agency
29.34of the federal government or by the toy's manufacturer, wholesaler, distributor, or importer.
30.1(b) For purposes of this section, "toy" means an item designed primarily for the
30.2purpose of play activity by children under the age of 12 years and "recalled" excludes
30.3corrective actions that involve safety alerts, parts replacement, or consumer repairs.
30.4(c) This section shall be enforced under sections 325F.14 to 325F.16.
30.5EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
30.6violations occurring on or after that date.

30.7    Sec. 5. [364.021] PUBLIC EMPLOYMENT; CONSIDERATION OF CRIMINAL
30.8RECORDS.
30.9(a) A public employer may not inquire into or consider the criminal record or
30.10criminal history of an applicant for public employment until the applicant has been
30.11selected for an interview by the employer.
30.12(b) This section does not apply to the Department of Corrections or to public
30.13employers who have a statutory duty to conduct a criminal history background check
30.14or otherwise take into consideration a potential employee's criminal history during the
30.15hiring process.
30.16(c) This section does not prohibit a public employer from notifying applicants that
30.17law or the employer's policy will disqualify an individual with a particular criminal history
30.18background from employment in particular positions.

30.19    Sec. 6. Minnesota Statutes 2008, section 471.59, is amended by adding a subdivision
30.20to read:
30.21    Subd. 12a. Joint exercise of police power; employees. If an agreement,
30.22merger, or consolidation authorizes the exercise of peace officer or police powers by an
30.23officer appointed by one of the governmental units within the jurisdiction of the other
30.24governmental unit, a peace officer or public safety dispatcher working, pursuant to or as
30.25a result of that agreement, merger, or consolidation must receive credit for accumulated
30.26vacation and sick leave time earned within the governmental unit employing the peace
30.27officer or public safety dispatcher immediately preceding the agreement, merger, or
30.28consolidation. If a peace officer or public safety dispatcher working pursuant to an
30.29agreement, merger, or consolidation becomes employed by the new entity, that peace
30.30officer or public safety dispatcher is considered to have begun employment with the new
30.31entity on the first day of employment by the governmental unit employing the peace
30.32officer or public safety dispatcher immediately preceding the creation of the new entity
30.33and must be credited with all previously accumulated vacation and sick leave time.
30.34EFFECTIVE DATE.This section is effective July 1, 2009.

31.1    Sec. 7. Minnesota Statutes 2008, section 609.2231, is amended by adding a subdivision
31.2to read:
31.3    Subd. 8. Public utility employees and contractors. (a) A person is guilty of a
31.4gross misdemeanor who:
31.5(1) assaults an employee or contractor of a utility while the employee or contractor
31.6is engaged in the performance of the employee's or contractor's duties;
31.7(2) knows that the victim is a utility employee or contractor (i) performing duties of
31.8the victim's employment or (ii) fulfilling the victim's contractual obligations; and
31.9(3) inflicts demonstrable bodily harm.
31.10(b) As used in this subdivision, "utility" has the meaning given it in section 609.594,
31.11subdivision 1, clause (3).
31.12EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
31.13committed on or after that date.

31.14    Sec. 8. Minnesota Statutes 2008, section 609.605, subdivision 1, is amended to read:
31.15    Subdivision 1. Misdemeanor. (a) The following terms have the meanings given
31.16them for purposes of this section.
31.17(1) "Premises" means real property and any appurtenant building or structure.
31.18(2) "Dwelling" means the building or part of a building used by an individual as a
31.19place of residence on either a full-time or a part-time basis. A dwelling may be part of a
31.20multidwelling or multipurpose building, or a manufactured home as defined in section
31.21168.002, subdivision 16 .
31.22(3) "Construction site" means the site of the construction, alteration, painting, or
31.23repair of a building or structure.
31.24(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the
31.25person on whose behalf a building or dwelling is being constructed, altered, painted, or
31.26repaired and the general contractor or subcontractor engaged in that work.
31.27(5) "Posted," as used:
31.28(i) in paragraph (b), clause (9), means the placement of a sign at least 11 inches
31.29square in a conspicuous place on the exterior of the building that is under construction,
31.30alteration, or repair, and additional signs in at least two conspicuous places for each ten
31.31acres being protected. The sign must carry an appropriate notice and the name of the
31.32person giving the notice, followed by the word "owner" if the person giving the notice
31.33is the holder of legal title to the land on which the construction site is located or by the
31.34word "occupant" if the person giving the notice is not the holder of legal title but is a
31.35lawful occupant of the land; and
32.1(ii) in paragraph (b), clause (10), means the placement of signs that:
32.2(A) state "no trespassing" or similar terms;
32.3(B) display letters at least two inches high;
32.4(C) state that Minnesota law prohibits trespassing on the property; and
32.5(D) are posted in a conspicuous place and at intervals of 500 feet or less.
32.6(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative
32.7of a building trades labor or management organization.
32.8(7) "Building" has the meaning given in section 609.581, subdivision 2.
32.9(b) A person is guilty of a misdemeanor if the person intentionally:
32.10(1) permits domestic animals or fowls under the actor's control to go on the land
32.11of another within a city;
32.12(2) interferes unlawfully with a monument, sign, or pointer erected or marked to
32.13designate a point of a boundary, line or a political subdivision, or of a tract of land;
32.14(3) trespasses on the premises of another and, without claim of right, refuses to
32.15depart from the premises on demand of the lawful possessor;
32.16(4) occupies or enters the dwelling or locked or posted building of another, without
32.17claim of right or consent of the owner or the consent of one who has the right to give
32.18consent, except in an emergency situation;
32.19(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or
32.20vegetables growing on the premises, without the permission of the owner or occupant;
32.21(6) enters or is found on the premises of a public or private cemetery without
32.22authorization during hours the cemetery is posted as closed to the public;
32.23(7) returns to the property of another with the intent to abuse, disturb, or cause
32.24distress in or threaten another, after being told to leave the property and not to return, if the
32.25actor is without claim of right to the property or consent of one with authority to consent;
32.26(8) returns to the property of another within one year after being told to leave the
32.27property and not to return, if the actor is without claim of right to the property or consent
32.28of one with authority to consent;
32.29(9) enters the locked or posted construction site of another without the consent of the
32.30owner or lawful possessor, unless the person is a business licensee; or
32.31(10) enters the locked or posted aggregate mining site of another without the consent
32.32of the owner or lawful possessor, unless the person is a business licensee; or
32.33(11) crosses into or enters any public or private area lawfully cordoned off by or at
32.34the direction of a peace officer engaged in the performance of official duties. As used in
32.35this clause: (i) an area may be "cordoned off" through the use of tape, barriers, or other
32.36means conspicuously placed and identifying the area as being restricted by the police;
33.1and (ii) "peace officer" has the meaning given in section 626.84, subdivision 1. It is an
33.2affirmative defense to a charge under this clause that a peace officer permitted entry into
33.3the restricted area.
33.4EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
33.5committed on or after that date.

33.6    Sec. 9. Minnesota Statutes 2008, section 626.843, subdivision 1, is amended to read:
33.7    Subdivision 1. Rules required. The board shall adopt rules with respect to:
33.8(1) the certification of peace officer training schools, programs, or courses including
33.9training schools for the Minnesota State Patrol. Such schools, programs and courses
33.10shall include those administered by the state, county, school district, municipality, or
33.11joint or contractual combinations thereof, and shall include preparatory instruction in
33.12law enforcement and minimum basic training courses postsecondary schools to provide
33.13programs of professional peace officer education;
33.14(2) minimum courses of study, attendance requirements, and equipment and facilities
33.15to be required at each certified peace officers training school located within the state;
33.16(3) minimum qualifications for coordinators and instructors at certified peace officer
33.17training schools offering a program of professional peace officer education located within
33.18this state;
33.19(4) minimum standards of physical, mental, and educational fitness which shall
33.20govern the recruitment admission to professional peace officer education programs and
33.21the licensing of peace officers within the state, by any state, county, municipality, or joint
33.22or contractual combination thereof, including members of the Minnesota State Patrol;
33.23(5) board-approved continuing education courses that ensure professional
33.24competence of peace officers and part-time peace officers;
33.25(6) minimum standards of conduct which would affect the individual's performance
33.26of duties as a peace officer. These standards shall be established and published. The
33.27board shall review the minimum standards of conduct described in this clause for possible
33.28modification in 1998 and every three years after that time;
33.29(6) minimum basic training which peace officers appointed to temporary or
33.30probationary terms shall complete before being eligible for permanent appointment,
33.31and the time within which such basic training must be completed following any such
33.32appointment to a temporary or probationary term;
33.33(7) minimum specialized training which part-time peace officers shall complete in
33.34order to be eligible for continued employment as a part-time peace officer or permanent
34.1employment as a peace officer, and the time within which the specialized training must
34.2be completed;
34.3(8) content of minimum basic training courses required of graduates of certified law
34.4enforcement training schools or programs. Such courses shall not duplicate the content
34.5of certified academic or general background courses completed by a student but shall
34.6concentrate on practical skills deemed essential for a peace officer. Successful completion
34.7of such a course (7) a set of educational learning objectives that must be met within a
34.8certified school's professional peace officer education program. These learning objectives
34.9must concentrate on the knowledge, skills, and abilities deemed essential for a peace
34.10officer. Education in these learning objectives shall be deemed satisfaction satisfactory for
34.11the completion of the minimum basic training requirement;
34.12(9) grading, reporting, attendance and other records, and certificates of attendance
34.13or accomplishment;
34.14(10) the procedures to be followed by a part-time peace officer for notifying
34.15the board of intent to pursue the specialized training for part-time peace officers who
34.16desire to become peace officers pursuant to clause (7), and section 626.845, subdivision
34.171 , clause (7);
34.18(11) (8) the establishment and use by any political subdivision or state law
34.19enforcement agency which that employs persons licensed by the board of procedures for
34.20investigation and resolution of allegations of misconduct by persons licensed by the board.
34.21The procedures shall be in writing and shall be established on or before October 1, 1984;
34.22(12) (9) the issues that must be considered by each political subdivision and state
34.23law enforcement agency that employs persons licensed by the board in establishing
34.24procedures under section 626.5532 to govern the conduct of peace officers who are in
34.25pursuit of a vehicle being operated in violation of section 609.487, and requirements for
34.26the training of peace officers in conducting pursuits. The adoption of specific procedures
34.27and requirements is within the authority of the political subdivision or agency;
34.28(13) (10) supervision of part-time peace officers and requirements for documentation
34.29of hours worked by a part-time peace officer who is on active duty. These rules shall be
34.30adopted by December 31, 1993;
34.31(14) (11) citizenship requirements for full-time peace officers and part-time peace
34.32officers;
34.33(15) (12) driver's license requirements for full-time peace officers and part-time
34.34peace officers; and
34.35(16) (13) such other matters as may be necessary consistent with sections 626.84 to
34.36626.863 . Rules promulgated by the attorney general with respect to these matters may be
35.1continued in force by resolution of the board if the board finds the rules to be consistent
35.2with sections 626.84 to 626.863.
35.3EFFECTIVE DATE.This section is effective August 1, 2009.

35.4    Sec. 10. Minnesota Statutes 2008, section 626.843, subdivision 3, is amended to read:
35.5    Subd. 3. Board authority. The board may, in addition:
35.6(1) recommend studies, surveys, and reports to be made by the executive director
35.7regarding the carrying out of the objectives and purposes of sections 626.841 to 626.863;
35.8(2) visit and inspect any peace officer training certified school approved by the
35.9executive director that offers the professional peace officer education program or for
35.10which application for such approval certification has been made;
35.11(3) make recommendations, from time to time, to the executive director, attorney
35.12general, and the governor regarding the carrying out of the objectives and purposes of
35.13sections 626.841 to 626.863;
35.14(4) perform such other acts as may be necessary or appropriate to carry out the
35.15powers and duties of the board as set forth in under sections 626.841 to 626.863; and
35.16(5) cooperate with and receive financial assistance from and join in projects or
35.17enter into contracts with the federal government or its agencies for the furtherance of
35.18the purposes of Laws 1977, chapter 433.
35.19EFFECTIVE DATE.This section is effective August 1, 2009.

35.20    Sec. 11. Minnesota Statutes 2008, section 626.845, subdivision 1, is amended to read:
35.21    Subdivision 1. Powers and duties. The board shall have the following powers
35.22and duties:
35.23(1) to certify peace officers' training schools or programs administered by state,
35.24county and municipalities located within this state in whole or in part no later than 90
35.25days after receipt of an application for certification. The reasons for noncertification of
35.26any school or program or part thereof shall be transmitted to the school within 90 days
35.27and shall contain a detailed explanation of the reasons for which the school or program
35.28was disapproved and an explanation of what supporting material or other requirements
35.29are necessary for the board to reconsider. Disapproval of a school or program shall
35.30not preclude the reapplication for certification of the school or program postsecondary
35.31schools to provide programs of professional peace officer education based on a set of
35.32board-approved professional peace officer education learning objectives;
35.33(2) to issue certificates to postsecondary schools, and to revoke such certification
35.34when necessary to maintain the objectives and purposes of sections 626.841 to 626.863;
36.1(3) to certify, as qualified, instructors at peace officer training schools, and to issue
36.2appropriate certificates to such instructors;
36.3(4) to license peace officers who have satisfactorily completed certified basic training
36.4programs, met the education and experience requirements and passed examinations as
36.5required by the board;
36.6(4) to develop and administer licensing examinations based on the board's learning
36.7objectives;
36.8(5) to cause studies and surveys to be made relating to the establishment, operation,
36.9and approval of state, county, and municipal peace officer training schools;
36.10(6) to consult and cooperate with state, county, and municipal peace officer training
36.11schools continuing education providers for the development of in-service training
36.12programs for peace officers;
36.13(7) (6) to consult and cooperate with universities, colleges, and technical colleges
36.14postsecondary schools for the development of specialized courses of instruction and study
36.15in the state for peace officers and part-time peace officers in police science and police
36.16administration and improvement of professional peace officer education;
36.17(8) (7) to consult and cooperate with other departments and agencies of the state and
36.18federal government concerned with peace officer standards and training;
36.19(9) (8) to perform such other acts as may be necessary and appropriate to carry out
36.20the powers and duties as set forth in the provisions of sections 626.841 to 626.863;
36.21(10) to coordinate the provision, on a regional basis, of skills oriented basic training
36.22courses to graduates of certified law enforcement training schools or programs;
36.23(11) (9) to obtain criminal conviction data for persons seeking a license to be issued
36.24or possessing a license issued by the board. The board shall have authority to obtain
36.25criminal conviction data to the full extent that any other law enforcement agency, as that
36.26term is defined by state or federal law, has to obtain the data;
36.27(12) (10) to prepare and transmit annually to the governor a report of its activities
36.28with respect to allocation of moneys money appropriated to it for peace officers training,
36.29including the name and address of each recipient of money for that purpose, and the
36.30amount awarded, and the purpose of the award; and
36.31(13) (11) to assist and cooperate with any political subdivision or state law
36.32enforcement agency which that employs persons licensed by the board to establish written
36.33procedures for the investigation and resolution of allegations of misconduct of policies as
36.34mandated by the state pertaining to persons licensed by the board, and to enforce licensing
36.35sanctions for failure to implement such procedures these policies.
37.1In addition, the board may maintain data received from law enforcement agencies
37.2under section 626.87, subdivision 5, provide the data to requesting law enforcement
37.3agencies who are conducting background investigations, and maintain data on applicants
37.4and licensees as part of peace officer license data. The data that may be maintained
37.5include the name of the law enforcement agency conducting the investigation and data on
37.6the candidate provided under section 626.87, subdivision 5, clauses (1) and (2).
37.7EFFECTIVE DATE.This section is effective August 1, 2009.

37.8    Sec. 12. Minnesota Statutes 2008, section 626.863, is amended to read:
37.9626.863 UNAUTHORIZED PRACTICE.
37.10(a) A person who is not a peace officer or part-time peace officer is guilty of a
37.11misdemeanor if the person: (1) makes a representation of being a peace officer or part-time
37.12peace officer, or (2) performs or attempts to perform an act, duty, or responsibility reserved
37.13by law for licensed peace officers and part-time peace officers.
37.14(b) A peace officer who authorizes or knowingly allows a person to violate paragraph
37.15(a) is guilty of a misdemeanor.
37.16(c) The board shall designate the appropriate law enforcement agency to investigate
37.17violations of this section. The attorney general shall prosecute violations of this section.
37.18(d) A person who violates this section and who has previously been convicted of a
37.19violation of this section is guilty of a gross misdemeanor.
37.20EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
37.21committed on or after that date.


37.24    Section 1. Minnesota Statutes 2008, section 13.87, subdivision 1, is amended to read:
37.25    Subdivision 1. Criminal history data. (a) Definition. For purposes of this
37.26subdivision, "criminal history data" means all data maintained in criminal history
37.27records compiled by the Bureau of Criminal Apprehension and disseminated through
37.28the criminal justice information system, including, but not limited to fingerprints,
37.29photographs, identification data, arrest data, prosecution data, criminal court data, custody
37.30and supervision data.
37.31    (b) Classification. Criminal history data maintained by agencies, political
37.32subdivisions and statewide systems are classified as private, pursuant to section 13.02,
37.33subdivision 12 , except that data created, collected, or maintained by the Bureau of
37.34Criminal Apprehension that identify an individual who was convicted of a crime, the
38.1offense of which the individual was convicted, associated court disposition and sentence
38.2information, controlling agency, and confinement information are public data for 15 years
38.3following the discharge of the sentence imposed for the offense. If an individual's name
38.4or other identifying information is erroneously associated with a criminal history and a
38.5determination is made through a fingerprint verification that the individual is not the
38.6subject of the criminal history, the name or other identifying information must be redacted
38.7from the public criminal history data. The name and other identifying information must be
38.8retained in the criminal history and are classified as private data.
38.9    The Bureau of Criminal Apprehension shall provide to the public at the central office
38.10of the bureau the ability to inspect in person, at no charge, through a computer monitor the
38.11criminal conviction data classified as public under this subdivision.
38.12    (c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
38.13made public by section 13.82.
38.14EFFECTIVE DATE.This section is effective August 1, 2009.

38.15    Sec. 2. Minnesota Statutes 2008, section 84.027, subdivision 17, is amended to read:
38.16    Subd. 17. Background checks for volunteer instructors. (a) The commissioner
38.17may conduct background checks for volunteer instructor applicants for department safety
38.18training and education programs, including the programs established under sections
38.1984.791 (youth off-highway motorcycle safety education and training), 84.86 and 84.862
38.20(youth and adult snowmobile safety training), 84.925 (youth all-terrain vehicle safety
38.21education and training), 97B.015 (youth firearms safety training), and 97B.025 (hunter
38.22and trapper education and training).
38.23(b) The commissioner shall perform the background check by retrieving criminal
38.24history data as defined in section 13.87 maintained in the criminal justice information
38.25system (CJIS) by the Bureau of Criminal Apprehension in the Department of Public
38.26Safety and other data sources.
38.27(c) The commissioner shall develop a standardized form to be used for requesting a
38.28background check, which must include:
38.29(1) a notification to the applicant that the commissioner will conduct a background
38.30check under this section;
38.31(2) a notification to the applicant of the applicant's rights under paragraph (d); and
38.32(3) a signed consent by the applicant to conduct the background check expiring one
38.33year from the date of signature.
38.34(d) The volunteer instructor applicant who is the subject of a background check
38.35has the right to:
39.1(1) be informed that the commissioner will request a background check on the
39.2applicant;
39.3(2) be informed by the commissioner of the results of the background check and
39.4obtain a copy of the background check;
39.5(3) obtain any record that forms the basis for the background check and report;
39.6(4) challenge the accuracy and completeness of the information contained in the
39.7report or a record; and
39.8(5) be informed by the commissioner if the applicant is rejected because of the
39.9result of the background check.
39.10EFFECTIVE DATE.This section is effective August 1, 2009.

39.11    Sec. 3. Minnesota Statutes 2008, section 122A.18, subdivision 8, is amended to read:
39.12    Subd. 8. Background checks. (a) The Board of Teaching and the commissioner
39.13of education must request a criminal history background check from the superintendent
39.14of the Bureau of Criminal Apprehension on all applicants for initial licenses under their
39.15jurisdiction. An application for a license under this section must be accompanied by:
39.16(1) an executed criminal history consent form, including fingerprints; and
39.17(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
39.18for the fee for conducting the criminal history background check.
39.19(b) The superintendent of the Bureau of Criminal Apprehension shall perform
39.20the background check required under paragraph (a) by retrieving criminal history data
39.21maintained in the criminal justice information system computers as defined in section
39.2213.87 and shall also conduct a search of the national criminal records repository, including
39.23the criminal justice data communications network. The superintendent is authorized to
39.24exchange fingerprints with the Federal Bureau of Investigation for purposes of the criminal
39.25history check. The superintendent shall recover the cost to the bureau of a background
39.26check through the fee charged to the applicant under paragraph (a).
39.27(c) The Board of Teaching or the commissioner of education may issue a license
39.28pending completion of a background check under this subdivision, but must notify
39.29the individual that the individual's license may be revoked based on the result of the
39.30background check.
39.31EFFECTIVE DATE.This section is effective August 1, 2009.

39.32    Sec. 4. Minnesota Statutes 2008, section 123B.03, subdivision 1, is amended to read:
39.33    Subdivision 1. Background check required. (a) A school hiring authority shall
39.34request a criminal history background check from the superintendent of the Bureau of
40.1Criminal Apprehension on all individuals who are offered employment in a school and
40.2on all individuals, except enrolled student volunteers, who are offered the opportunity to
40.3provide athletic coaching services or other extracurricular academic coaching services to a
40.4school, regardless of whether any compensation is paid. In order for an individual to be
40.5eligible for employment or to provide the services, the individual must provide an executed
40.6criminal history consent form and a money order or check payable to either the Bureau of
40.7Criminal Apprehension or the school hiring authority, at the discretion of the school hiring
40.8authority, in an amount equal to the actual cost to the Bureau of Criminal Apprehension
40.9and the school district of conducting the criminal history background check. A school
40.10hiring authority deciding to receive payment may, at its discretion, accept payment in the
40.11form of a negotiable instrument other than a money order or check and shall pay the
40.12superintendent of the Bureau of Criminal Apprehension directly to conduct the background
40.13check. The superintendent of the Bureau of Criminal Apprehension shall conduct the
40.14background check by retrieving criminal history data maintained in the criminal justice
40.15information system computers as defined in section 13.87. A school hiring authority,
40.16at its discretion, may decide not to request a criminal history background check on an
40.17individual who holds an initial entrance license issued by the State Board of Teaching or
40.18the commissioner of education within the 12 months preceding an offer of employment.
40.19    (b) A school hiring authority may use the results of a criminal background check
40.20conducted at the request of another school hiring authority if:
40.21    (1) the results of the criminal background check are on file with the other school
40.22hiring authority or otherwise accessible;
40.23    (2) the other school hiring authority conducted a criminal background check within
40.24the previous 12 months;
40.25    (3) the individual who is the subject of the criminal background check executes a
40.26written consent form giving a school hiring authority access to the results of the check; and
40.27    (4) there is no reason to believe that the individual has committed an act subsequent
40.28to the check that would disqualify the individual for employment.
40.29    (c) A school hiring authority may, at its discretion, request a criminal history
40.30background check from the superintendent of the Bureau of Criminal Apprehension on
40.31any individual who seeks to enter a school or its grounds for the purpose of serving as a
40.32school volunteer or working as an independent contractor or student employee. In order
40.33for an individual to enter a school or its grounds under this paragraph when the school
40.34hiring authority decides to request a criminal history background check on the individual,
40.35the individual first must provide an executed criminal history consent form and a money
40.36order, check, or other negotiable instrument payable to the school district in an amount
41.1equal to the actual cost to the Bureau of Criminal Apprehension and the school district
41.2of conducting the criminal history background check. Notwithstanding section 299C.62,
41.3subdivision 1 , the cost of the criminal history background check under this paragraph is
41.4the responsibility of the individual.
41.5    (d) For all nonstate residents who are offered employment in a school, a school
41.6hiring authority shall request a criminal history background check on such individuals
41.7from the superintendent of the Bureau of Criminal Apprehension and from the government
41.8agency performing the same function in the resident state or, if no government entity
41.9performs the same function in the resident state, from the Federal Bureau of Investigation.
41.10Such individuals must provide an executed criminal history consent form and a money
41.11order, check, or other negotiable instrument payable to the school hiring authority in an
41.12amount equal to the actual cost to the government agencies and the school district of
41.13conducting the criminal history background check. Notwithstanding section 299C.62,
41.14subdivision 1 , the cost of the criminal history background check under this paragraph is
41.15the responsibility of the individual.
41.16    (e) At the beginning of each school year or when a student enrolls, a school hiring
41.17authority must notify parents and guardians about the school hiring authority's policy
41.18requiring a criminal history background check on employees and other individuals who
41.19provide services to the school, and identify those positions subject to a background check
41.20and the extent of the hiring authority's discretion in requiring a background check. The
41.21school hiring authority may include the notice in the student handbook, a school policy
41.22guide, or other similar communication. Nothing in this paragraph affects a school hiring
41.23authority's ability to request a criminal history background check on an individual under
41.24paragraph (c).
41.25EFFECTIVE DATE.This section is effective August 1, 2009.

41.26    Sec. 5. Minnesota Statutes 2008, section 246.13, subdivision 2, is amended to read:
41.27    Subd. 2. Definitions; risk assessment and management. (a) As used in this
41.28section:
41.29(1) "appropriate and necessary medical and other records" includes patient medical
41.30records and other protected health information as defined by Code of Federal Regulations,
41.31title 45, section 164.501, relating to a patient in a state-operated services facility including,
41.32but not limited to, the patient's treatment plan and abuse prevention plan that is pertinent
41.33to the patient's ongoing care, treatment, or placement in a community-based treatment
41.34facility or a health care facility that is not operated by state-operated services, and
42.1includes information describing the level of risk posed by a patient when the patient
42.2enters the facility;
42.3(2) "community-based treatment" means the community support services listed in
42.4section 253B.02, subdivision 4b;
42.5(3) "criminal history data" means those data maintained or used by the Departments
42.6of Corrections and Public Safety and by the supervisory authorities listed in section
42.713.84, subdivision 1 , that relate to an individual's criminal history or propensity for
42.8violence, including data in the Corrections Offender Management System (COMS) and
42.9Statewide Supervision System (S3) maintained by the Department of Corrections; the
42.10Criminal Justice Information System (CJIS) criminal history data as defined in section
42.1113.87, Integrated Search Service as defined in section 13.873 and the Predatory Offender
42.12Registration (POR) system maintained by the Department of Public Safety; and the
42.13CriMNet system;
42.14(4) "designated agency" means the agency defined in section 253B.02, subdivision 5;
42.15(5) "law enforcement agency" means the law enforcement agency having primary
42.16jurisdiction over the location where the offender expects to reside upon release;
42.17(6) "predatory offender" and "offender" mean a person who is required to register as
42.18a predatory offender under section 243.166; and
42.19(7) "treatment facility" means a facility as defined in section 253B.02, subdivision 19.
42.20(b) To promote public safety and for the purposes and subject to the requirements of
42.21this paragraph, the commissioner or the commissioner's designee shall have access to, and
42.22may review and disclose, medical and criminal history data as provided by this section, as
42.23necessary to comply with Minnesota Rules, part 1205.0400:
42.24(1) to determine whether a patient is required under state law to register as a
42.25predatory offender according to section 243.166;
42.26(2) to facilitate and expedite the responsibilities of the special review board and
42.27end-of-confinement review committees by corrections institutions and state treatment
42.28facilities;
42.29(3) to prepare, amend, or revise the abuse prevention plans required under section
42.30626.557, subdivision 14 , and individual patient treatment plans required under section
42.31253B.03, subdivision 7 ;
42.32(4) to facilitate the custody, supervision, and transport of individuals transferred
42.33between the Department of Corrections and the Department of Human Services; or
42.34(5) to effectively monitor and supervise individuals who are under the authority of
42.35the Department of Corrections, the Department of Human Services, and the supervisory
42.36authorities listed in section 13.84, subdivision 1.
43.1(c) The state-operated services treatment facility must make a good faith effort
43.2to obtain written authorization from the patient before releasing information from the
43.3patient's medical record.
43.4(d) If the patient refuses or is unable to give informed consent to authorize the
43.5release of information required above, the chief executive officer for state-operated
43.6services shall provide the appropriate and necessary medical and other records. The chief
43.7executive officer shall comply with the minimum necessary requirements.
43.8(e) The commissioner may have access to the National Crime Information Center
43.9(NCIC) database, through the Department of Public Safety, in support of the law
43.10enforcement functions described in paragraph (b).
43.11EFFECTIVE DATE.This section is effective August 1, 2009.

43.12    Sec. 6. Minnesota Statutes 2008, section 253B.141, subdivision 1, is amended to read:
43.13    Subdivision 1. Report of absence. (a) If a patient committed under this chapter or
43.14detained under a judicial hold is absent without authorization, and either: (1) does not
43.15return voluntarily within 72 hours of the time the unauthorized absence began; or (2) is
43.16considered by the head of the treatment facility to be a danger to self or others, then the
43.17head of the treatment facility shall report the absence to the local law enforcement agency.
43.18The head of the treatment facility shall also notify the committing court that the patient is
43.19absent and that the absence has been reported to the local law enforcement agency. The
43.20committing court may issue an order directing the law enforcement agency to transport the
43.21patient to an appropriate facility.
43.22(b) Upon receiving a report that a patient subject to this section is absent without
43.23authorization, the local law enforcement agency shall enter information on the patient
43.24through the criminal justice information system into the missing persons file of the
43.25National Crime Information Center computer according to the missing persons practices.
43.26EFFECTIVE DATE.This section is effective August 1, 2009.

43.27    Sec. 7. Minnesota Statutes 2008, section 299C.115, is amended to read:
43.28299C.115 WARRANT INFORMATION PROVIDED TO STATE.
43.29(a) By January 1, 1996, every county shall, in the manner provided in either clause
43.30(1) or (2), make warrant information available to other users of the Minnesota criminal
43.31justice information system criminal justice data communications network as defined
43.32in section 299C.46:
44.1(1) the county shall enter the warrant information in the warrant file of the Minnesota
44.2criminal justice information system maintained by the Bureau of Criminal Apprehension
44.3in the Department of Public Safety; or
44.4(2) the county, at no charge to the state, shall make the warrant information that
44.5is maintained in the county's computer accessible by means of a single query to the
44.6Minnesota criminal justice information system made through the Bureau of Criminal
44.7Apprehension in the Department of Public Safety.
44.8(b) As used in this section, "warrant information" means information on all
44.9outstanding felony, gross misdemeanor, and misdemeanor warrants for adults and
44.10juveniles that are issued within the county.
44.11EFFECTIVE DATE.This section is effective August 1, 2009.

44.12    Sec. 8. Minnesota Statutes 2008, section 299C.40, subdivision 1, is amended to read:
44.13    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
44.14section.
44.15(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
44.16in the Department of Public Safety and managed by the Bureau of Criminal Apprehension,
44.17Criminal Justice Information Systems Section. A reference in this section to "CIBRS"
44.18includes the Bureau of Criminal Apprehension.
44.19(c) "Law enforcement agency" means a Minnesota municipal police department,
44.20the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
44.21Minnesota Police Department, the Department of Corrections Fugitive Apprehension
44.22Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or
44.23the Minnesota State Patrol.
44.24EFFECTIVE DATE.This section is effective August 1, 2009.

44.25    Sec. 9. Minnesota Statutes 2008, section 299C.46, subdivision 1, is amended to read:
44.26    Subdivision 1. Establishment; interconnection. The commissioner of public
44.27safety shall establish a criminal justice data communications network which will enable
44.28the interconnection of the criminal justice agencies within the state into a unified criminal
44.29justice information system. The commissioner of public safety is authorized to lease
44.30or purchase facilities and equipment as may be necessary to establish and maintain the
44.31data communications network.
44.32EFFECTIVE DATE.This section is effective August 1, 2009.

44.33    Sec. 10. Minnesota Statutes 2008, section 299C.52, subdivision 1, is amended to read:
45.1    Subdivision 1. Definitions. As used in sections 299C.52 to 299C.56, the following
45.2terms have the meanings given them:
45.3(a) "Child" means any person under the age of 18 years or any person certified or
45.4known to be mentally incompetent.
45.5(b) "CJIS" means Minnesota criminal justice information system.
45.6(c) (b) "Missing" means the status of a child after a law enforcement agency that
45.7has received a report of a missing child has conducted a preliminary investigation and
45.8determined that the child cannot be located.
45.9(d) (c) "NCIC" means National Crime Information Center.
45.10(e) (d) "Endangered" means that a law enforcement official has received sufficient
45.11evidence that the child is with a person who presents a threat of immediate physical injury
45.12to the child or physical or sexual abuse of the child.
45.13EFFECTIVE DATE.This section is effective August 1, 2009.

45.14    Sec. 11. Minnesota Statutes 2008, section 299C.52, subdivision 3, is amended to read:
45.15    Subd. 3. Computer equipment and programs. The commissioner shall provide
45.16the necessary computer hardware and computer programs to enter, modify, and cancel
45.17information on missing children in the NCIC computer through the CJIS. These programs
45.18must provide for search and retrieval of information using the following identifiers:
45.19physical description, name and date of birth, name and Social Security number, name
45.20and driver's license number, vehicle license number, and vehicle identification number.
45.21The commissioner shall also provide a system for regional, statewide, multistate, and
45.22nationwide broadcasts of information on missing children. These broadcasts shall be
45.23made by local law enforcement agencies where possible or, in the case of statewide or
45.24nationwide broadcasts, by the Bureau of Criminal Apprehension upon request of the local
45.25law enforcement agency.
45.26EFFECTIVE DATE.This section is effective August 1, 2009.

45.27    Sec. 12. Minnesota Statutes 2008, section 299C.52, subdivision 4, is amended to read:
45.28    Subd. 4. Authority to enter or retrieve information. Only law enforcement
45.29agencies may enter missing child information through the CJIS into the NCIC computer or
45.30retrieve information through the CJIS from the NCIC computer.
45.31EFFECTIVE DATE.This section is effective August 1, 2009.

45.32    Sec. 13. Minnesota Statutes 2008, section 299C.53, subdivision 1, is amended to read:
46.1    Subdivision 1. Investigation and entry of information. Upon receiving a report
46.2of a child believed to be missing, a law enforcement agency shall conduct a preliminary
46.3investigation to determine whether the child is missing. If the child is initially determined
46.4to be missing and endangered, the agency shall immediately consult the Bureau of
46.5Criminal Apprehension during the preliminary investigation, in recognition of the fact
46.6that the first two hours are critical. If the child is determined to be missing, the agency
46.7shall immediately enter identifying and descriptive information about the child through
46.8the CJIS into the NCIC computer. Law enforcement agencies having direct access to the
46.9CJIS and the NCIC computer shall enter and retrieve the data directly and shall cooperate
46.10in the entry and retrieval of data on behalf of law enforcement agencies which do not
46.11have direct access to the systems.
46.12EFFECTIVE DATE.This section is effective August 1, 2009.

46.13    Sec. 14. Minnesota Statutes 2008, section 299C.62, subdivision 1, is amended to read:
46.14    Subdivision 1. Generally. The superintendent shall develop procedures to enable a
46.15children's service provider to request a background check to determine whether a children's
46.16service worker is the subject of any reported conviction for a background check crime.
46.17The superintendent shall perform the background check by retrieving and reviewing data
46.18on background check crimes maintained in the CJIS computers. The superintendent is
46.19authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes
46.20of a criminal history check. The superintendent shall recover the cost of a background
46.21check through a fee charged the children's service provider.
46.22EFFECTIVE DATE.This section is effective August 1, 2009.

46.23    Sec. 15. Minnesota Statutes 2008, section 299C.65, subdivision 1, is amended to read:
46.24    Subdivision 1. Membership, duties. (a) The Criminal and Juvenile Justice
46.25Information Policy Group consists of the commissioner of corrections, the commissioner
46.26of public safety, the state chief information officer, the commissioner of finance, four
46.27members of the judicial branch appointed by the chief justice of the Supreme Court,
46.28and the chair and first vice-chair of the Criminal and Juvenile Justice Information Task
46.29Force. The policy group may appoint additional, nonvoting members as necessary from
46.30time to time.
46.31(b) The commissioner of public safety is designated as the chair of the policy group.
46.32The commissioner and the policy group have overall responsibility for the successful
46.33completion integration of statewide criminal justice information system integration
46.34(CriMNet) systems. This integration effort shall be known as CriMNet. The policy group
47.1may hire an executive director to manage the CriMNet projects and to be responsible for
47.2the day-to-day operations of CriMNet. The executive director shall serve at the pleasure
47.3of the policy group in unclassified service. The policy group must ensure that generally
47.4accepted project management techniques are utilized for each CriMNet project, including:
47.5(1) clear sponsorship;
47.6(2) scope management;
47.7(3) project planning, control, and execution;
47.8(4) continuous risk assessment and mitigation;
47.9(5) cost management;
47.10(6) quality management reviews;
47.11(7) communications management;
47.12(8) proven methodology; and
47.13(9) education and training.
47.14(c) Products and services for CriMNet project management, system design,
47.15implementation, and application hosting must be acquired using an appropriate
47.16procurement process, which includes:
47.17(1) a determination of required products and services;
47.18(2) a request for proposal development and identification of potential sources;
47.19(3) competitive bid solicitation, evaluation, and selection; and
47.20(4) contract administration and close-out.
47.21(d) The policy group shall study and make recommendations to the governor, the
47.22Supreme Court, and the legislature on:
47.23(1) a framework for integrated criminal justice information systems, including the
47.24development and maintenance of a community data model for state, county, and local
47.25criminal justice information;
47.26(2) the responsibilities of each entity within the criminal and juvenile justice systems
47.27concerning the collection, maintenance, dissemination, and sharing of criminal justice
47.28information with one another;
47.29(3) actions necessary to ensure that information maintained in the criminal justice
47.30information systems is accurate and up-to-date;
47.31(4) the development of an information system containing criminal justice
47.32information on gross misdemeanor-level and felony-level juvenile offenders that is part of
47.33the integrated criminal justice information system framework;
47.34(5) the development of an information system containing criminal justice
47.35information on misdemeanor arrests, prosecutions, and convictions that is part of the
47.36integrated criminal justice information system framework;
48.1(6) comprehensive training programs and requirements for all individuals in criminal
48.2justice agencies to ensure the quality and accuracy of information in those systems;
48.3(7) continuing education requirements for individuals in criminal justice agencies
48.4who are responsible for the collection, maintenance, dissemination, and sharing of
48.5criminal justice data;
48.6(8) a periodic audit process to ensure the quality and accuracy of information
48.7contained in the criminal justice information systems;
48.8(9) the equipment, training, and funding needs of the state and local agencies that
48.9participate in the criminal justice information systems;
48.10(10) the impact of integrated criminal justice information systems on individual
48.11privacy rights;
48.12(11) the impact of proposed legislation on the criminal justice system, including any
48.13fiscal impact, need for training, changes in information systems, and changes in processes;
48.14(12) the collection of data on race and ethnicity in criminal justice information
48.15systems;
48.16(13) the development of a tracking system for domestic abuse orders for protection;
48.17(14) processes for expungement, correction of inaccurate records, destruction of
48.18records, and other matters relating to the privacy interests of individuals; and
48.19(15) the development of a database for extended jurisdiction juvenile records and
48.20whether the records should be public or private and how long they should be retained.
48.21EFFECTIVE DATE.This section is effective August 1, 2009.

48.22    Sec. 16. Minnesota Statutes 2008, section 299C.65, subdivision 5, is amended to read:
48.23    Subd. 5. Review of funding and grant requests. (a) The Criminal and Juvenile
48.24Justice Information Policy Group shall review the funding requests for criminal justice
48.25information systems from state, county, and municipal government agencies. The
48.26policy group shall review the requests for compatibility to statewide criminal justice
48.27information system standards. The review shall be forwarded to the chairs and ranking
48.28minority members of the house of representatives and senate committees and divisions
48.29with jurisdiction over criminal justice funding and policy.
48.30    (b) The CriMNet program office executive director, in consultation with the
48.31Criminal and Juvenile Justice Information Task Force and with the approval of the policy
48.32group, shall create the requirements for any grant request and determine the integration
48.33priorities for the grant period. The CriMNet program office executive director shall also
48.34review the requests submitted for compatibility to statewide criminal justice information
48.35systems standards.
49.1    (c) The task force shall review funding requests for criminal justice information
49.2systems grants and make recommendations to the policy group. The policy group shall
49.3review the recommendations of the task force and shall make a final recommendation
49.4for criminal justice information systems grants to be made by the commissioner of
49.5public safety. Within the limits of available state appropriations and federal grants, the
49.6commissioner of public safety shall make grants for projects that have been recommended
49.7by the policy group.
49.8    (d) The policy group may approve grants only if the applicant provides an
49.9appropriate share of matching funds as determined by the policy group to help pay up to
49.10one-half of the costs of the grant request. The matching requirement must be constant for
49.11all applicants within each grant offering. The policy group shall adopt policies concerning
49.12the use of in-kind resources to satisfy the match requirement and the sources from which
49.13matching funds may be obtained. Local operational or technology staffing costs may be
49.14considered as meeting this match requirement. Each grant recipient shall certify to the
49.15policy group that it has not reduced funds from local, county, federal, or other sources
49.16which, in the absence of the grant, would have been made available to the grant recipient
49.17to improve or integrate criminal justice technology.
49.18    (e) All grant recipients shall submit to the CriMNet program office executive
49.19director all requested documentation including grant status, financial reports, and a final
49.20report evaluating how the grant funds improved the agency's criminal justice integration
49.21priorities. The CriMNet program office executive director shall establish the recipient's
49.22reporting dates at the time funds are awarded.
49.23EFFECTIVE DATE.This section is effective August 1, 2009.

49.24    Sec. 17. Minnesota Statutes 2008, section 299C.68, subdivision 2, is amended to read:
49.25    Subd. 2. Procedures. The superintendent shall develop procedures to enable an
49.26owner to request a background check to determine whether a manager is the subject of
49.27a reported conviction for a background check crime. The superintendent shall perform
49.28the background check by retrieving and reviewing data on background check crimes
49.29maintained in the CJIS computers. The superintendent shall notify the owner in writing
49.30of the results of the background check. If the manager has resided in Minnesota for
49.31less than ten years or upon request of the owner, the superintendent shall also either:
49.32(1) conduct a search of the national criminal records repository, including the criminal
49.33justice data communications network; or (2) conduct a search of the criminal justice data
49.34communications network records in the state or states where the manager has resided
49.35for the preceding ten years. The superintendent is authorized to exchange fingerprints
50.1with the Federal Bureau of Investigation for purposes of the criminal history check.
50.2The superintendent shall recover the cost of a background check through a fee charged
50.3to the owner.
50.4EFFECTIVE DATE.This section is effective August 1, 2009.

50.5    Sec. 18. Minnesota Statutes 2008, section 388.24, subdivision 4, is amended to read:
50.6    Subd. 4. Reporting of data to criminal justice information system (CJIS)
50.7Bureau of Criminal Apprehension. Effective August 1, 1997, every county attorney who
50.8establishes a diversion program under this section shall report the following information
50.9to the Bureau of Criminal Apprehension:
50.10(1) the name and date of birth of each diversion program participant and any other
50.11identifying information the superintendent considers necessary;
50.12(2) the date on which the individual began to participate in the diversion program;
50.13(3) the date on which the individual is expected to complete the diversion program;
50.14(4) the date on which the individual successfully completed the diversion program,
50.15where applicable; and
50.16(5) the date on which the individual was removed from the diversion program for
50.17failure to successfully complete the individual's goals, where applicable.
50.18The superintendent shall cause the information described in this subdivision to be
50.19entered into and maintained in the criminal history file of the Minnesota Criminal Justice
50.20Information System as defined in section 13.87.
50.21EFFECTIVE DATE.This section is effective August 1, 2009.

50.22    Sec. 19. Minnesota Statutes 2008, section 401.065, subdivision 3a, is amended to read:
50.23    Subd. 3a. Reporting of data to criminal justice information system (CJIS)
50.24Bureau of Criminal Apprehension. (a) Every county attorney who establishes a
50.25diversion program under this section shall report the following information to the Bureau
50.26of Criminal Apprehension:
50.27(1) the name and date of birth of each diversion program participant and any other
50.28identifying information the superintendent considers necessary;
50.29(2) the date on which the individual began to participate in the diversion program;
50.30(3) the date on which the individual is expected to complete the diversion program;
50.31(4) the date on which the individual successfully completed the diversion program,
50.32where applicable; and
50.33(5) the date on which the individual was removed from the diversion program for
50.34failure to successfully complete the individual's goals, where applicable.
51.1The superintendent shall cause the information described in this subdivision to be
51.2entered into and maintained in the criminal history file of the Minnesota criminal justice
51.3information system as defined in section 13.87.
51.4(b) Effective August 1, 1997, the reporting requirements of this subdivision shall
51.5apply to misdemeanor offenses.
51.6EFFECTIVE DATE.This section is effective August 1, 2009.

51.7    Sec. 20. Minnesota Statutes 2008, section 403.36, is amended by adding a subdivision
51.8to read:
51.9    Subd. 1g. State Interoperability Executive Committee. (a) In addition to
51.10responsibilities provided for in subdivision 1e, the Statewide Radio Board is designated as
51.11Minnesota's State Interoperability Executive Committee.
51.12(b) As Minnesota's State Interoperability Executive Committee, the Statewide
51.13Radio Board shall:
51.14(1) develop and maintain a statewide plan for local and private public safety
51.15communications interoperability that integrates with the Minnesota emergency operation
51.16plan;
51.17(2) develop and adopt guidelines and operational standards for local and private
51.18public safety communications interoperability within Minnesota;
51.19(3) promote coordination and cooperation among local, state, federal, and
51.20tribal public safety agencies in addressing statewide public safety communications
51.21interoperability within Minnesota;
51.22(4) advise the commissioner of the Department of Public Safety on public safety
51.23communications interoperability and on the allocation and use of funds made available to
51.24Minnesota to support public safety communications interoperability;
51.25(5) to the extent permitted by federal law, Federal Communications Commission
51.26regulations, and the National Telecommunications and Information Administration,
51.27develop guidelines and standards for the efficient use of interoperability frequencies on all
51.28frequency spectrums assigned to public safety users; and
51.29(6) to the extent permitted by federal law and treaties with Canada, develop
51.30guidelines and standards that support interoperability with adjoining states and provinces
51.31of Canada along Minnesota's northern border.
51.32EFFECTIVE DATE.This section is effective August 1, 2009.

51.33    Sec. 21. Minnesota Statutes 2008, section 403.36, subdivision 2, is amended to read:
52.1    Subd. 2. Plan contents. (a) The statewide, shared radio and communication system
52.2project plan must include:
52.3(1) standards, guidelines, and comprehensive design for the system, including use
52.4and integration of existing public and private communications infrastructure;
52.5(2) proposed project implementation schedule, phases, and estimated costs for each
52.6phase of the plan;
52.7(3) recommended statutory changes required for effective implementation and
52.8administration of the statewide, shared trunked radio and communication system; and
52.9(4) an interoperability committee to make recommendations on the statewide plan
52.10for local and private public safety communications interoperability and on guidelines and
52.11operational standards necessary to promote public safety communications interoperability
52.12within Minnesota; and
52.13(4) (5) a policy for the lease of excess space or capacity on systems constructed under
52.14the project plan, consistent with section 174.70, subdivision 2, with priority given first to
52.15local units of government for public safety communication transmission needs and second
52.16to any other communications transmission needs of either the public or private sector.
52.17(b) The Statewide Radio Board must ensure that generally accepted project
52.18management techniques are utilized for each project or phase of the backbone of the
52.19statewide, shared radio and communication system consistent with guidelines of the
52.20Project Management Office of the Office of Enterprise Technology:
52.21(1) clear sponsorship;
52.22(2) scope management;
52.23(3) project planning, control, and execution;
52.24(4) continuous risk assessment and mitigation;
52.25(5) cost management;
52.26(6) quality management reviews;
52.27(7) communications management; and
52.28(8) proven methodology.
52.29EFFECTIVE DATE.This section is effective August 1, 2009.

52.30    Sec. 22. Minnesota Statutes 2008, section 480.23, is amended to read:
52.31480.23 COMPUTER ACQUISITION BY COURTS.
52.32In order to facilitate the effective management and coordination of the Minnesota
52.33courts system, an appropriate official of any court or of a local governmental unit in
52.34providing services to any court, if authorized by the state court administrator and with the
52.35concurrence of the contracting vendor, may acquire electronic data processing equipment
53.1or services through an existing contract originated by the Supreme Court. The state court
53.2administrator shall grant this authority only pursuant to the implementation of justice
53.3information systems compatible with systems participating on the Minnesota Criminal
53.4Justice Information Systems Communications Network administered by the Bureau of
53.5Criminal Apprehension in the Department of Public Safety.
53.6EFFECTIVE DATE.This section is effective August 1, 2009.

53.7    Sec. 23. Minnesota Statutes 2008, section 518.165, subdivision 5, is amended to read:
53.8    Subd. 5. Procedure, criminal history, and maltreatment records background
53.9study. (a) When the court requests a background study under subdivision 4, paragraph
53.10(a), the request shall be submitted to the Department of Human Services through the
53.11department's electronic online background study system.
53.12(b) When the court requests a search of the National Criminal Records Repository,
53.13the court must provide a set of classifiable fingerprints of the subject of the study on a
53.14fingerprint card provided by the commissioner of human services.
53.15(c) The commissioner of human services shall provide the court with information
53.16criminal history data as defined in section 13.87 from the Bureau of Criminal
53.17Apprehension's Criminal Justice Information System Apprehension in the Department of
53.18Public Safety, other criminal history data held by the commissioner of human services,
53.19and data regarding substantiated maltreatment of a minor under section 626.556, and
53.20substantiated maltreatment of a vulnerable adult under section 626.557, within 15
53.21working days of receipt of a request. If the subject of the study has been determined by
53.22the Department of Human Services or the Department of Health to be the perpetrator
53.23of substantiated maltreatment of a minor or vulnerable adult in a licensed facility, the
53.24response must include a copy of the public portion of the investigation memorandum
53.25under section 626.556, subdivision 10f, or the public portion of the investigation
53.26memorandum under section 626.557, subdivision 12b. When the background study shows
53.27that the subject has been determined by a county adult protection or child protection
53.28agency to have been responsible for maltreatment, the court shall be informed of the
53.29county, the date of the finding, and the nature of the maltreatment that was substantiated.
53.30The commissioner shall provide the court with information from the National Criminal
53.31Records Repository within three working days of the commissioner's receipt of the data.
53.32When the commissioner finds no criminal history or substantiated maltreatment on a
53.33background study subject, the commissioner shall make these results available to the court
53.34electronically through the secure online background study system.
54.1(d) Notwithstanding section 626.556, subdivision 10f, or 626.557, subdivision
54.212b , if the commissioner or county lead agency has information that a person on whom
54.3a background study was previously done under this section has been determined to be a
54.4perpetrator of maltreatment of a minor or vulnerable adult, the commissioner or the county
54.5may provide this information to the court that requested the background study.
54.6EFFECTIVE DATE.This section is effective August 1, 2009.

54.7    Sec. 24. Minnesota Statutes 2008, section 524.5-118, subdivision 2, is amended to read:
54.8    Subd. 2. Procedure; criminal history and maltreatment records background
54.9check. (a) The court shall request the commissioner of human services to complete a
54.10background study under section 245C.32. The request must be accompanied by the
54.11applicable fee and the signed consent of the subject of the study authorizing the release of
54.12the data obtained to the court. If the court is requesting a search of the National Criminal
54.13Records Repository, the request must be accompanied by a set of classifiable fingerprints
54.14of the subject of the study. The fingerprints must be recorded on a fingerprint card
54.15provided by the commissioner of human services.
54.16(b) The commissioner of human services shall provide the court with information
54.17criminal history data as defined in section 13.87 from the Bureau of Criminal
54.18Apprehension's criminal justice information system Apprehension in the Department of
54.19Public Safety, other criminal history data held by the commissioner of human services,
54.20and data regarding substantiated maltreatment of vulnerable adults under section 626.557
54.21and substantiated maltreatment of minors under section 626.556 within 15 working days
54.22of receipt of a request. If the subject of the study has been the perpetrator of substantiated
54.23maltreatment of a vulnerable adult or minor, the response must include a copy of the
54.24public portion of the investigation memorandum under section 626.557, subdivision
54.2512b , or the public portion of the investigation memorandum under section 626.556,
54.26subdivision 10f . If the court did not request a search of the National Criminal Records
54.27Repository and information from the Bureau of Criminal Apprehension indicates that the
54.28subject is a multistate offender or that multistate offender status is undetermined, the
54.29response must include this information. The commissioner shall provide the court with
54.30information from the National Criminal Records Repository within three working days
54.31of the commissioner's receipt of the data.
54.32(c) Notwithstanding section 626.557, subdivision 12b, or 626.556, subdivision 10f, if
54.33the commissioner of human services or a county lead agency has information that a person
54.34on whom a background study was previously done under this section has been determined
54.35to be a perpetrator of maltreatment of a vulnerable adult or minor, the commissioner or the
55.1county may provide this information to the court that requested the background study. The
55.2commissioner may also provide the court with additional criminal history or substantiated
55.3maltreatment information that becomes available after the background study is done.
55.4EFFECTIVE DATE.This section is effective August 1, 2009.

55.5    Sec. 25. Minnesota Statutes 2008, section 611.272, is amended to read:
55.6611.272 ACCESS TO GOVERNMENT DATA.
55.7The district public defender, the state public defender, or an attorney working for
55.8a public defense corporation under section 611.216 has access to the criminal justice
55.9data communications network described in section 299C.46, as provided in this section.
55.10Access to data under this section is limited to data necessary to prepare criminal cases in
55.11which the public defender has been appointed as follows:
55.12(1) access to data about witnesses in a criminal case shall be limited to records of
55.13criminal convictions; and
55.14(2) access to data regarding the public defender's own client which includes, but
55.15is not limited to, criminal history data under section 13.87; juvenile offender data under
55.16section 299C.095; warrant information data under section 299C.115; incarceration data
55.17under section 299C.14; conditional release data under section 241.065; and diversion
55.18program data under section 299C.46, subdivision 5.
55.19The public defender has access to data under this section, whether accessed via CriMNet
55.20the integrated search service as defined in section 13.873 or other methods. The public
55.21defender does not have access to law enforcement active investigative data under section
55.2213.82, subdivision 7 ; data protected under section 13.82, subdivision 17; confidential
55.23arrest warrant indices data under section 13.82, subdivision 19; or data systems maintained
55.24by a prosecuting attorney. The public defender has access to the data at no charge, except
55.25for the monthly network access charge under section 299C.46, subdivision 3, paragraph
55.26(b), and a reasonable installation charge for a terminal. Notwithstanding section 13.87,
55.27subdivision 3 ; 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law to the
55.28contrary, there shall be no charge to public defenders for Internet access to the criminal
55.29justice data communications network.
55.30EFFECTIVE DATE.This section is effective August 1, 2009.

55.31    Sec. 26. Minnesota Statutes 2008, section 628.69, subdivision 6, is amended to read:
55.32    Subd. 6. Reporting of data to criminal justice information system (CJIS)
55.33Bureau of Criminal Apprehension. Every county attorney who has established a pretrial
56.1diversion program under this section shall report the following information to the Bureau
56.2of Criminal Apprehension:
56.3(1) the name and date of birth of each diversion program participant, and any other
56.4identifying information the superintendent considers necessary;
56.5(2) the date on which the individual began to participate in the diversion program;
56.6(3) the date on which the individual is expected to complete the diversion program;
56.7(4) the date on which the individual successfully completed the diversion program,
56.8where applicable; and
56.9(5) the date on which the individual was removed from the diversion program for
56.10failure to successfully complete the individual's goals, where applicable.
56.11The superintendent shall cause the information described in this subdivision to be
56.12entered into and maintained in the criminal history file of the Minnesota Criminal Justice
56.13Information System as defined in section 13.87.
56.14EFFECTIVE DATE.This section is effective August 1, 2009.

56.15    Sec. 27. REPEALER.
56.16Minnesota Statutes 2008, sections 299C.61, subdivision 8; 299C.67, subdivision 3;
56.17and 403.36, subdivision 1f, are repealed.
56.18EFFECTIVE DATE.This section is effective August 1, 2009."