2005 House Bill 1 (Public Safety Omnibus Bill)

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• Introduced by Rep. Jim Abeler, Rep. Michael Beard, Rep. Fran Bradley, Rep. Laura Brod, Rep. Tony Cornish, Rep. Lloyd Cybart, Rep. Randy Demmer, Rep. Tom Emmer, Rep. Sondra Erickson, Rep. Brad Finstad, Rep. Pat Garofalo, Rep. Paul Gazelka, Rep. Bob Gunther, Rep. Mary Liz Holberg, Rep. Joe Hoppe, Rep. Paul Kohls, Rep. Morrie Lanning, Rep. John Lesch, Rep. Doug Magnus, Rep. Doug Meslow, Rep. Peter Nelson, Rep. Erik Paulsen, Rep. Maxine Penas, Rep. Joyce Peppin, Rep. Connie Ruth, Rep. Char Samuelson, Rep. Dan Severson, Rep. Dean Simpson, Rep. Steve Smith, Rep. Barb Sykora, Rep. Kathy Tingelstad, Rep. Tim Wilkin and Rep. Kurt Zellers on January 6, 2005, to amend laws pertaining to sex offender crimes and sentences. Among the changes that the bill makes, this bill: 1) imposes a life sentence penalty for most first-degree criminal sexual conduct crimes, 2) creates indeterminate sentences and mandatory life sentences for second-degree criminal sexual conduct and certain third- and fourth-degree criminal sexual conduct crimes, 3) prohibits inmates serving life sentences for sex crimes from being given supervised release, 4) creates a criminal sexual predatory conduct crime where the person commits a predatory crime motivated by the offender's sexual impulses. A person convicted under this provision would serve a minimum term of double the minimum for the same crime minus the sexual impulse motivation, 5) provides that persons who are released from prison for intermidiate sentences for sex crimes would be subject to conditional release for the remainder of their life, 6) establishes minimum sentences for certain other sex offenses, 7) establishes the Minnesota Sex Offender Review Board; provides procedures for operation of the review board; and specifies when an offender may petition for conditional release, 8) directs the Sentencing Guidelines Commission to assess risk levels and presumptive sentences for certain offenses and requires the commissioner of corrections to establish criteria and procedures for reviewing offenders' petitions for release, and 9) specifies that the Open Meeting Law does not apply to meetings and hearings of the Minnesota Sex Offender Review Board (SF609 Companion Bill).
  • Referred to the House Government Operations and Veterans Affairs Committee on January 6, 2005.
  • Motion by Rep. Kurt Zellers on January 10, 2005, to add Representative Cornish as author of HF1. The motion passed in the House by voice vote on January 10, 2005.
  • Reported by Rep. Kathy Tingelstad on February 3, 2005, from the Committee on Governmental Operations and Veterans Affairs with technical changes and the recommendation that the bill pass and be re-referred to the Committee on Civil Law and Elections. The report was adopted.
  • Motion by Rep. Kurt Zellers on March 29, 2005, that HF1 be recalled from the Civil Law and Elections Committee and re-referred to the Public Safety Policy and Finance Committee. The motion passed in the House by voice vote on March 29, 2005.
  • Motion by Rep. Kurt Zellers on April 13, 2005, to show the name of Representative Smith as chief author of HF1. The motion passed in the House by voice vote on April 13, 2005.
  • Reported by Rep. Steve Smith on April 20, 2005, from the Public Safety Policy and Finance Committee with amendments and the recommendation that the bill pass as amended and be re-referred to the Ways and Means Committee. As reported, all of the provisions of the bill were deleted. As amended, the Public Safety Omnibus bill would make a variety of spending and policy changes to sex offender provisions, fire marshal provisions, emergency communications, law enforcement policy, DNA Collection, Corrections, courts and public defenders, child protection, criminal sentencing, DWI and traffic safety and other general public safety policy. Among the provisions of the bill, this bill would: A) SPENDING: 1) spend $42,547,000 in 2006 and $42,593,000 in 2007 on the Supreme Court, 2) spend $8,189,000 in both 2006 and 2007 on the courts of appeals, 3) spend $8,189,000 in both years on trial courts, 4) spend $726,000 in both years on tax courts, 5) spend $51,000 in 2006 and $45,000 in 2007 on the uniform laws commission, 6) spend $277,000 in both years on the board of judicial standards, 7) spend $59,857,000 in 2006 and $63,112,000 in 2007 on public defense, 8) spend $124,020,000 in 2006 and $114,506,000 in 2007 for the department of public safety, B: SEX OFFENDORS: 1) double the statutory maximum penalty for first- through fifth-degree criminal sexual conduct crimes and creates a new criminal sexual predatory conduct crime, 2) impose a life penalty without the possibility of release on certain first- and second-degree criminal sexual conduct offenders in situations where one or more aggravating factors are present, 3) create an indeterminate sentencing system for certain criminal sexual conduct offenses; under this system, a court must sentence an individual subject to this penalty to a minimum of 20 years imprisonment, unless some other provision of law requires a longer sentence, and a maximum penalty of life. The individual is eligible for release by the Sex Offender Review Board after the person has served the minimum sentence. If the person is released, the person remains on supervised release for life. This penalty applies to first- and second-degree criminal sexual conduct crimes committed with force, violence, coercion, use of a weapon, or where personal injury results to the victim. This penalty also applies to a repeat sex offender, 4) impose lifetime conditional release for repeat sex offenders and amends certain statutes covering issues of criminal sexual conduct and harassment, 5) require the Sentencing Guidelines Commission to create a separate sentencing guidelines grid for sex offenses, increase presumptive sentences and change the manner in which criminal history scores are calculated for sex offenses, 6) establishe a Sex Offender Policy Board, which is charged with developing professional standards for treatment of sex offenders and a Sex Offender Review Board, 7) create a Supreme Court Task Force to study the use of the courts to handle cases involving sexually dangerous persons, 8) clarify the procedures individuals who lack a primary address (i.e., are homeless) must follow if they are required to register under the Predatory Offender Registration Law (POR Law), 9) amend the community notification law and imposes notification, information sharing, and investigation obligations on the BCA, DOC, and local law enforcement authorities in relation to individuals who enter Minnesota from another state. It also sets up procedures to ensure that offenders from other states are subject to community notification under Minnesota law, 10) require level III sex offenders to have their photos taken every six months, 11) require courts to impose lifetime conditional release on level III sex offenders who are convicted of failing to register, 12) establish background checks on workers who work in facilities licensed by the Department of Human Services, C) GENERAL PUBLIC SAFETY POLICY; 1) authorizes fees for Internet searches on the BCA's criminal history database, 2) modify the Youth Intervention Program and transfers responsibility for the program from DEED to DPS, 2) permit installation of vehicle-monitoring devices in authorized emergency vehicles, 3) modify provisions and procedures pertaining to insurance benefits for disabled police and firefighters, 4) modify name change application procedures, 5) authorize the release of information maintained in the predatory offender database in conjunction with background checks for juvenile and adult offenders, 6) authorize the BCA to add information onto a person's criminal history under certain circumstances, 7) prohibit employer retaliation against victims who take time off work to attend hearings and proceedings. 8) clarify notification procedures when a victim of criminal sexual conduct requests HIV testing of the perpetrator, 9) expand eligibility for crime victims' reparations, 10) and authorizes the transfer of unused special revenue funds to the general fund, D) FIRE MARSHAL, 1) delete the requirement that the state fire marshal inform the superintendent of the Bureau of Criminal Apprehension whenever the cause of a fire is determined to be arson, replacing it with a requirement to so inform the law enforcement authority having jurisdiction, typically at the local level of government, 2) remove the reimbursement to political subdivisions for a portion of the salary costs and the expenses incurred by police officers and firefighters attending arson investigation training offered by the state fire marshal's arson training unit, 3) remove the authority of the state fire marshal to delegate summons authority to fire departments in cities of the first and second class, 4) establish a new per-room fire inspection fee schedule for lodging facilities. The proposal calls for a $7 per-room fee for facilities with 35 to 99 units or 50 cents per-bed in group sleeping areas. These fees are on top of the base fee of $435, 5) establish a new fee schedule for lodging facilities with less than 35 rooms, 6) impose a triennial inspection fee of $217.50 and a per-room charge of $3 for a hotel or dormitory and a per-cabin charge of $2.50, or a per-bed charge of 50 cents per bed in group sleeping areas and permit a follow-up charge of $112.50, 7) exempt two-person backpacking tents from the requirement that tents be durably flame resistant. E) LAW ENFORCEMENT POLICY, 1) authorize the commissioner of public safety and political subdivisions to reimburse peace officers up to $600 for the purchase of bulletproof vests, 2) establish a Gang and Drug Oversight Council; establishment of the MN Financial Crimes Oversight Council, 3) establish a human trafficking study and assessment, 4) require sheriffs, peace officers, and community correction agencies operating juvenile detention facilities to take fingerprints, photographs, and other identification data on persons involved in the criminal justice process, on probation, on parole, or in custody who have a suspense file, F) DNA COLLECTION, 1) establish an all felon DNA database in Minnesota. Requires all persons convicted of a felony to submit a DNA sample, 2) require persons arrested for a felony to submit a DNA sample, 3) provide data privacy protection to DNA samples and records, and establishes grounds for expunging DNA samples, and 4) require law enforcement to maintain DNA samples for the period of time the subject of the sample is under sentence, G) CORRECTIONS, 1) establish a disciplinary procedure for correctional officers, 2) allow the commissioner of corrections, with the approval of the local authority, to place an offender who is committed to the custody of the commissioner and who has less than 180 days remaining in the offender's term of imprisonment at a county or regional jail in the jurisdiction where the offender plans to reside while on supervised release, 3) add "supervised release" to the list of offenders eligible for $100 gate money to be paid by the warden or chief executive officer upon leaving prison, 4) allow for local corrections fees, 5) authorize the Fugitive Apprehension Unit to seize property under the forfeiture law with specific limitations, H) COURTS AND PUBLIC DEFENDERS, 1) increase criminal surcharges and recording surcharges to be used to fund civil legal services, 2) permit Ramsey County to impose an additional $1 surcharge to fund the petty misdemeanor diversion program, 3) limit representation by public defenders to statutorily designated persons, 4) limit the discretionary appointment of public defenders by the court, 5) place a two-year limitation period on filing a petition for postconviction relief, 6) allow the public defender to access the network to obtain the criminal record of a witness including having access to data stored via CriMNet or other methods, 7) allow a person to file a petition with the court for the return of seized property if not returned in 48 hours, H) CHILD PROTECTION, 1) require the commissioner must consent to the adoption if there is no parent qualified to consent, 2) state that a consent to adopt is irrevocable following notice to both parents of the effect of the consent and acceptance by the court, unless the court finds the consent was obtained by fraud, 3) require a background check for: a) a noncustodial or nonadjudicated parent who is being assessed for providing day-to-day care of a child who has been temporarily or permanently removed from the home of a parent or guardian under the child protection statutes, b) a relative whose suitability for placement is being established and any household member over the age of 13 when the relative must be licensed for foster care; the agency must conduct a background study under the adoption statute, c) a parent following out-of-home placement when the agency has reasonable cause to believe the parent has been convicted of a crime related to the parent's ability to maintain the child's health, safety, or welfare; or the parent is the subject of a investigation, I) SENTENCING, increases the presumptive range of sentences allowable under the sentencing guidelines without a departure, establishes procedures to govern a jury's finding of aggravating factors and the court's imposition of an upward departure, and deletes language in various statutes that refers to the court being able to impose a longer sentence on its own, J) GENERAL CRIMINAL POLICIES, 1) increase the penalties for sale and possession of steroids regulating them as schedule III rather than a schedule IV drugs, 2) require Driver's license suspension for 30 days when defendant convicted of gasoline theft, 3) make it a gross misdemeanor to posses a dog or bird that is to be used in cock fights, dog fights, and the like. Those types of animal fights are already illegal, and this bill would extend prohibition to the possession of the animals in question, 4) make a felony to strangle a member of your family or household, punishable by up to five years in prison and/or a $5,000 fine, 5) expand the enhanced crime of causing death while committing child abuse to include child abuse to any child, not just the child the person killed, 6) extend the fourth-degree assault laws that currently cover acts of violence against correctional employees to include violence against other other individuals who provide care or treatment at a secure treatment facility, 7) make it a felony crime for a gang member to committ a crime against a child, 8) create new penalties for the crime of negelecting a vulnerable adult. If neglect results in the death of a vulnerable adult the punishment would be up to 15 years in prison and or up to a $30,000 fine, If the neglect results in "great bodily harm," the punishment would be up to ten years in prison and/or a fine up to $20,000, If the neglect results in "substantial bodily harm or the risk of death," the punishment would be prison up to five years and/or up to a $10,000 fine, In other cases, the punishment would be up to one year in prison and/or up to a $3,000 fine, 9) impose criminal penalties for leaving a child eight years of age or younger in a car not supervised by someone who is at least 14 if the conditions are not safe, if the car is running, or if the keys are in the car. Violation would result in a charge of child neglect, punishable by 90 days in jail and a $1000 fine, 10) establish a misdemeanor crime for nonvehicular evasion of a police officer for the purpose of avoiding arrest, detention, or investigation, or in order to conceal or destroy potential evidence, 11) make it a crime to interfere or obstruct a member of an ambulance service personnel crew who is providing, or attempting to provide, emergency care, 12) establish penalties for providing false information to police. First time offenders would be guilty of a gross misdemeanor. A person who is convicted a second or subsequent time would be guilty of a felony and could be sentenced to prison for up to two years or fined up to $4,000, or both, 13) expand the crime of theft to include taking something that a person has a legal property interest in if the individual that he or she takes it from has a superior interest in the property, 14) prohibit the electronic (email or website) use of false pretenses to obtain the identity of another person. Whoever commits such offense could be sentenced to imprisonment for up to five years or to payment of a fine of up to $10,000, or both, 15) establish a minimum restitution requirement of $1,000 for victims of identity theft, 16) expand tresspass laws to make it illegal to return to property at any time after being told to leave (under current law, it isn't tresspass if a person returns after a specified period of time depending on the situation), 17) make it a crime with up to a $10,000 fine for a railroad or a person employed by a railroad to obstruct the treatment of a railroad worker injured on the job or to discipline or threaten to discipline the railroad employee injured on the job for requesting treatment or first aid, 18) prohibit the use of audiovisual recording devices in motion picture theaters and make the act of doing so a crime with the first offense a misdemeanor; the second, a gross misdemeanor; the third, a felony, 19) establish a state committee to study the dollar threshold for property crimes, K) DWI and TRAFFIC SAFETY, 1) prohibit the use of traffic signal-override devices except those authorized by the commissioner of public safety. Violation would be a misdemeanor, 2) require drivers to restrain child passengers under nine years of age weighing less than 80 pounds (rather than those under four years of age) in a vehicle with a child restraint system. The bill lays out restrictions for different ages and weights, 3) delete DWI related offense requirement that 48 hours of jail time be consecutive, 4) exempt law enforcement agencies that forfeit a vehicle involved in an impaired driving offense from the requirement to obtain the vehicle title in its name before selling the vehicle. The bill allows the Bureau of Criminal Apprehension to certify chemical tests directly to the public safety department, L) OTHER APPROPRIATIONS (only if HF1664 passes), 1) spend $2 million in both 2006 and 2007 on corrections for meth provisions and short term offenders, and 2) spend $400,000 in 2006 and $100,000 in 2007 for the department of public safety for homelessness grants and youth intervention grants. The report was adopted.
  • Reported by Rep. Jim Knoblach on April 27, 2005, from the Ways and Means Committee with amendments and the recommendation that the bill pass as amended. As amended, $550,000 rather than $2,750,000 would be spent on Meth treatment grants. $550,000 rather than $2,750,000 would be spent on Meth Law Enforcement supervision grants. New provisions relating to inspection fees for hotels and dormatories were deleted. A provision was deleted which would have required drivers to restrain child passengers under nine years of age weighing less than 80 pounds (rather than those under four years of age) in a vehicle with a child restraint system and laid out restrictions for different ages and weights. The report was adopted.
    • Referred to the House Rules and Legislative Administration Committee on April 27, 2005.
  • Amendment offered by Rep. Phyllis Kahn and Rep. Doug Meslow on April 28, 2005, to make technical changes regarding the retension of biological evidence. The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Fran Bradley and Rep. Joyce Peppin on April 28, 2005, to make nonsubstantive changes to the bill. The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Doug Meslow, Rep. Erik Paulsen and Rep. Kurt Zellers on April 28, 2005, to require that if the bureau is notified that a person who submitted a biological specimen under this subdivision was found not guilty or otherwise not convicted of an offense, the bureau must destroy the person's biological specimen and return all records to the individual. The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Michael Beard on April 28, 2005, to allow for a criminal penalty up to $1,000 (rather than $10,000) for railroad interference with an employees medical treatment for injuries received on the job. The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Dan Larson and Rep. Ann Lenczewski on April 28, 2005, to prohibit sex offenders subject to a community notification meeting from attending the meeting. The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Michael Beard, Rep. Mark Buesgens, Rep. Brad Finstad, Rep. Rod Hamilton, Rep. Mary Liz Holberg, Rep. Karen Klinzing, Rep. Philip Krinkie, Rep. Denny McNamara, Rep. Scott Newman, Rep. Bud Nornes, Rep. Erik Paulsen, Rep. Connie Ruth, Rep. Marty Seifert, Rep. Ray Vandeveer and Rep. Tim Wilkin on April 28, 2005, to allow for the use of inmates for community service, conservation and maintenance services on state land without regard to state employee provisions in the law which currently prohibit the state and the university systems from using outside services without demonstrating the jobs cannot be done with state employees. The amendment passed in the House (84 to 48) on April 28, 2005. [Vote Details and Comments]
  • Amendment offered by Rep. Mary Murphy, Rep. Michael Paymar and Rep. Steve Smith on April 28, 2005, to establish mandatory fire inspections with fees for hotels and dormitories with fewer than 35 rooms (establishments with fewer than 35 rooms are exempt under current law). The amendment failed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Scott Newman on April 28, 2005, to creates a rebuttable presumption that a dog is or has been trained for fighting if the dog exhibits wounds AND (rather than or as in the bill prior to amendment) scars or the person has training apparatus used to prepare dogs for fights. The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Mary Liz Holberg, Rep. Doug Meslow and Rep. Erik Paulsen on April 28, 2005, to require law enforcement to notify a juvenile's parents or guardian prior to taking a biological specimen. The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Keith Ellison on April 28, 2005, to remove from midemeanor vagrancy crimes a) persons over 18 with the ability to work, without lawful means of support and not seeking employment, and b) those who derive support from begging or as a fortune teller or "similar imposter" (it is currently a misdemeanor to do either). The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Laura Brod, Rep. Tony Cornish, Rep. Lloyd Cybart, Rep. Matt Dean, Rep. Chris DeLaForest, Rep. Tom Emmer, Rep. Brad Finstad, Rep. Paul Gazelka, Rep. Mary Liz Holberg, Rep. Paul Kohls, Rep. Scott Newman, Rep. Mark Olson, Rep. Joyce Peppin, Rep. Neil W. Peterson, Rep. Dan Severson, Rep. Ray Vandeveer and Rep. Kurt Zellers on April 28, 2005, to allow a court to sentence certain sex offenders (i.e., preferential pedophiles) to chemical castration when certain aggravating circumstances are present. Permits sex offenders to volunteer for castration. Both mandatory and voluntary castration are at the offender's expense. The amendment passed in the House (80 to 54) on April 28, 2005. [Vote Details and Comments]
  • Amendment offered by Rep. David Dill, Rep. Doug Magnus, Rep. Tom Rukavina and Rep. Dean Simpson on April 28, 2005, to require, for DWI punishments, that a license restriction requiring a person to abstain from alcohol be removed if 10 years have passed without an impaired driving conviction. The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Rob Eastlund, Rep. Keith Ellison, Rep. Sondra Erickson, Rep. Michael Paymar and Rep. Judy Soderstrom on April 28, 2005, to establish a "Corrections Board" to keep in communication with all of those on parole and their employers. The Board would have the power at its discretion to grant final discharge from confinement.
    • Amendment offered by Rep. Mary Murphy and Rep. Steve Smith on April 28, 2005, to deleted almost all of the amendment and require that $30,000 be spent on a working group to study sentencing guidelines. The amendment passed in the House (94 to 39) on April 28, 2005. [Vote Details and Comments]
    • Amendment offered by Rep. Carlos Mariani on April 28, 2005, to require that the working group set up by the Smith/Murphy amendment include representatives from the Council on Black Minnesotans, the Councils on Affairs of Chicano/Latino People, the Council on Asian-Pacific Minnesotans and the Council on Indian Affairs. The amendment passed in the House by voice vote on April 28, 2005.
  • The amendment passed in the House by voice vote on April 28, 2005, to deleted almost all of the amendment and require that $30,000 be spent on a working group to study sentencing guidelines (made up of members of a number of specific organizations).
  • Amendment offered by Rep. Karen Clark, Rep. Keith Ellison, Rep. Sheldon Johnson, Rep. Carlos Mariani, Rep. Joe Mullery, Rep. Cy Thao and Rep. Neva Walker on April 28, 2005, to require that each county report to the legislature the concentration of level three sex offenders in any neighborhood(s) of the county. The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Irv Anderson, Rep. Kent Eken, Rep. Bernie Lieder, Rep. Joe Mullery and Rep. Loren Solberg on April 28, 2005, to require the Department of Public Safety to disregard, for purposes of eligibility for a limited driver's license, any first-time (only) impaired driving violation from more than ten years earlier, if the person has had no repeat impaired driving violation within that ten-year lookback period. The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Joe Atkins, Rep. Laura Brod, Rep. Mark Buesgens, Rep. Tony Cornish, Rep. Lloyd Cybart, Rep. Chris DeLaForest, Rep. Tom Emmer, Rep. Brad Finstad, Rep. Paul Gazelka, Rep. Joe Hoppe, Rep. Scott Newman, Rep. Mark Olson, Rep. Duke Powell, Rep. Marty Seifert, Rep. Tim Wilkin and Rep. Kurt Zellers on April 28, 2005, to require the issuance of predatory offender license plates for an additional $10 fee for level three sex offenders. Their driver's license or Minnesota ID cared would also be labeled "predatory offender." Representative Kahn raised a point of order declaring the amendment out of order. The Speaker ruled the amendment in order.
    • Amendment offered by Rep. Lyndon Carlson and Rep. Joe Mullery on April 28, 2005, to require the issuance of "armed robber" license plates for a $10 fee for people convicted of armed robbery. Their Minnesota driver's license or ID would have to be marked "armed robber". The amendment failed in the House (26 to 106) on April 28, 2005. [Vote Details and Comments]
    • Motion in the House on April 28, 2005, (the second portion of the Emmer amendment, after a request by Representative Juhnke to divide the amendment and vote on the second part first) to require driver's licenses and Minnesota ID cards of level three sex offenders to be marked "predatory offender". The motion passed in the House (121 to 12) on April 28, 2005. [Vote Details and Comments]
    • Motion in the House on April 28, 2005, (the first portion of the Emmer amendment, after a request by Representative Juhnke to divide the amendment and vote on the second part first) to require the issuance of predatory offender license plates for an additional $10 fee for level three sex offenders. The motion passed in the House (82 to 51) on April 28, 2005. [Vote Details and Comments]
  • The amendment passed in the House by voice vote on April 28, 2005, to require the issuance of predatory offender license plates for an additional $10 fee for level three sex offenders. Their driver's license or Minnesota ID cared would also be labeled "predatory offender" (the amendment passed in two parts, each with a separate roll call vote).
  • Amendment offered by Rep. Pat Garofalo, Rep. Bob Gunther, Rep. Tim Mahoney, Rep. Michael Paymar and Rep. Nora Slawik on April 28, 2005, to require licensed day care providers to notify parents considering enrollment if the program employs or has living in the same home any person who is the subject of either a set-aside or varience. The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Tom Rukavina and Rep. Loren Solberg on April 28, 2005, to exempt from the criminal surcharge those petty misdemeanor crimes where no fine is imposed. The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Debra Hilstrom and Rep. Michael Paymar on April 28, 2005, to decrease the amount of money proposed to be spent on correctional facilities, increase the amount that goes to the department of public safety, and of that shift in funding, designate $250,000 in 2006 and again in 2007 from the money that is currently proposed to be spent on prisons to battered women's shelters. That $250,000 a year would become part of the base level funding. The amendment failed in the House (66 to 67) on April 28, 2005. [Vote Details and Comments]
  • Amendment offered by Rep. Debra Hilstrom, Rep. Margaret Anderson Kelliher, Rep. Mary Ellen Otremba, Rep. Jeanne Poppe and Rep. Andy Welti on April 28, 2005, to decrease proposed funding for prisons by about $750,000 in both 2006 and 2007 and use the money to increase proposed funding for meth treatment grants to counties. The amendment failed in the House (62 to 69) on April 28, 2005. [Vote Details and Comments]
  • Amendment offered by Rep. Philip Krinkie on April 28, 2005, to delete an article which would increase the telecommunications service provider 911 fee and provide funds ($9.5 million from bonds) for elements of the third phase of the statewide public safety radio communication system in the southeast district of the state patrol and the counties of Benton, Sherburne, Stearns and Wright that are of regional or statewide benefit. The amendment failed in the House (20 to 111) on April 28, 2005. [Vote Details and Comments]
  • Amendment offered by Rep. David Dill on April 28, 2005, to delete a provision which would makes it illegal for a person who is responsible for a child under the age of eight to leave that child in a car without the supervision of at least a 14-year-old when one of two conditions is present. The amendment passed in the House by voice vote on April 28, 2005.
  • Amendment offered by Rep. Michael Beard on April 28, 2005, to make a technical, clarifying amendment. The amendment passed in the House by voice vote on April 28, 2005.
• Passed in the House (123 to 10) on April 28, 2005, make a variety of spending and policy changes to sex offender provisions, fire marshal provisions, emergency communications, law enforcement policy, DNA Collection, Corrections, courts and public defenders, child protection, criminal sentencing, DWI and traffic safety and other general public safety policy. Among the provisions of the bill, this bill would: A) SPENDING: 1) spend $42,547,000 in 2006 and $42,593,000 in 2007 on the Supreme Court, 2) spend $8,189,000 in both 2006 and 2007 on the courts of appeals, 3) spend $8,189,000 in both years on trial courts, 4) spend $726,000 in both years on tax courts, 5) spend $51,000 in 2006 and $45,000 in 2007 on the uniform laws commission, 6) spend $277,000 in both years on the board of judicial standards, 7) spend $59,857,000 in 2006 and $63,112,000 in 2007 on public defense, 8) spend $124,020,000 in 2006 and $114,506,000 in 2007 for the department of public safety, B: SEX OFFENDORS: 1) double the statutory maximum penalty for first- through fifth-degree criminal sexual conduct crimes and creates a new criminal sexual predatory conduct crime, 2) impose a life penalty without the possibility of release on certain first- and second-degree criminal sexual conduct offenders in situations where one or more aggravating factors are present, 3) create an indeterminate sentencing system for certain criminal sexual conduct offenses; under this system, a court must sentence an individual subject to this penalty to a minimum of 20 years imprisonment, unless some other provision of law requires a longer sentence, and a maximum penalty of life. The individual is eligible for release by the Sex Offender Review Board after the person has served the minimum sentence. If the person is released, the person remains on supervised release for life. This penalty applies to first- and second-degree criminal sexual conduct crimes committed with force, violence, coercion, use of a weapon, or where personal injury results to the victim. This penalty also applies to a repeat sex offender, 4) impose lifetime conditional release for repeat sex offenders and amends certain statutes covering issues of criminal sexual conduct and harassment, 5) require the Sentencing Guidelines Commission to create a separate sentencing guidelines grid for sex offenses, increase presumptive sentences and change the manner in which criminal history scores are calculated for sex offenses, 6) establishe a Sex Offender Policy Board, which is charged with developing professional standards for treatment of sex offenders and a Sex Offender Review Board, 7) create a Supreme Court Task Force to study the use of the courts to handle cases involving sexually dangerous persons, 8) clarify the procedures individuals who lack a primary address (i.e., are homeless) must follow if they are required to register under the Predatory Offender Registration Law (POR Law), 9) amend the community notification law and imposes notification, information sharing, and investigation obligations on the BCA, DOC, and local law enforcement authorities in relation to individuals who enter Minnesota from another state. It also sets up procedures to ensure that offenders from other states are subject to community notification under Minnesota law, 10) require level III sex offenders to have their photos taken every six months, 11) require courts to impose lifetime conditional release on level III sex offenders who are convicted of failing to register, 12) establish background checks on workers who work in facilities licensed by the Department of Human Services, 13) allow a court to sentence certain sex offenders (i.e., preferential pedophiles) to chemical castration when certain aggravating circumstances are present. Permits sex offenders to volunteer for castration. Both mandatory and voluntary castration are at the offender's expense, 14) require that each county report to the legislature the concentration of level three sex offenders in any neighborhood(s) of the county, 15) require the issuance of predatory offender license plates for an additional $10 fee for level three sex offenders. Their driver's license or Minnesota ID cared would also be labeled "predatory offender" C) GENERAL PUBLIC SAFETY POLICY; 1) authorizes fees for Internet searches on the BCA's criminal history database, 2) modify the Youth Intervention Program and transfers responsibility for the program from DEED to DPS, 2) permit installation of vehicle-monitoring devices in authorized emergency vehicles, 3) modify provisions and procedures pertaining to insurance benefits for disabled police and firefighters, 4) modify name change application procedures, 5) authorize the release of information maintained in the predatory offender database in conjunction with background checks for juvenile and adult offenders, 6) authorize the BCA to add information onto a person's criminal history under certain circumstances, 7) prohibit employer retaliation against victims who take time off work to attend hearings and proceedings. 8) clarify notification procedures when a victim of criminal sexual conduct requests HIV testing of the perpetrator, 9) expand eligibility for crime victims' reparations, 10) and authorizes the transfer of unused special revenue funds to the general fund, D) FIRE MARSHAL, 1) delete the requirement that the state fire marshal inform the superintendent of the Bureau of Criminal Apprehension whenever the cause of a fire is determined to be arson, replacing it with a requirement to so inform the law enforcement authority having jurisdiction, typically at the local level of government, 2) remove the reimbursement to political subdivisions for a portion of the salary costs and the expenses incurred by police officers and firefighters attending arson investigation training offered by the state fire marshal's arson training unit, 3) remove the authority of the state fire marshal to delegate summons authority to fire departments in cities of the first and second class, 4) establish a new per-room fire inspection fee schedule for lodging facilities. The proposal calls for a $7 per-room fee for facilities with 35 to 99 units or 50 cents per-bed in group sleeping areas. These fees are on top of the base fee of $435, 5) establish a new fee schedule for lodging facilities with less than 35 rooms, 6) impose a triennial inspection fee of $217.50 and a per-room charge of $3 for a hotel or dormitory and a per-cabin charge of $2.50, or a per-bed charge of 50 cents per bed in group sleeping areas and permit a follow-up charge of $112.50, 7) exempt two-person backpacking tents from the requirement that tents be durably flame resistant. E) LAW ENFORCEMENT POLICY, 1) authorize the commissioner of public safety and political subdivisions to reimburse peace officers up to $600 for the purchase of bulletproof vests, 2) establish a Gang and Drug Oversight Council; establishment of the MN Financial Crimes Oversight Council, 3) establish a human trafficking study and assessment, 4) require sheriffs, peace officers, and community correction agencies operating juvenile detention facilities to take fingerprints, photographs, and other identification data on persons involved in the criminal justice process, on probation, on parole, or in custody who have a suspense file, F) DNA COLLECTION, 1) establish an all felon DNA database in Minnesota. Requires all persons convicted of a felony to submit a DNA sample, 2) require persons arrested for a felony to submit a DNA sample, 3) provide data privacy protection to DNA samples and records, and establishes grounds for expunging DNA samples, and 4) require law enforcement to maintain DNA samples for the period of time the subject of the sample is under sentence, G) CORRECTIONS, 1) establish a disciplinary procedure for correctional officers, 2) allow the commissioner of corrections, with the approval of the local authority, to place an offender who is committed to the custody of the commissioner and who has less than 180 days remaining in the offender's term of imprisonment at a county or regional jail in the jurisdiction where the offender plans to reside while on supervised release, 3) add "supervised release" to the list of offenders eligible for $100 gate money to be paid by the warden or chief executive officer upon leaving prison, 4) allow for local corrections fees, 5) authorize the Fugitive Apprehension Unit to seize property under the forfeiture law with specific limitations, 6) allow for the use of inmates for community service, conservation and maintenance services on state land without regard to state employee provisions in the law which currently prohibit the state and the university systems from using outside services without demonstrating the jobs cannot be done with state employees, H) COURTS AND PUBLIC DEFENDERS, 1) increase criminal surcharges and recording surcharges to be used to fund civil legal services, 2) permit Ramsey County to impose an additional $1 surcharge to fund the petty misdemeanor diversion program, 3) limit representation by public defenders to statutorily designated persons, 4) limit the discretionary appointment of public defenders by the court, 5) place a two-year limitation period on filing a petition for postconviction relief, 6) allow the public defender to access the network to obtain the criminal record of a witness including having access to data stored via CriMNet or other methods, 7) allow a person to file a petition with the court for the return of seized property if not returned in 48 hours, H) CHILD PROTECTION, 1) require the commissioner must consent to the adoption if there is no parent qualified to consent, 2) state that a consent to adopt is irrevocable following notice to both parents of the effect of the consent and acceptance by the court, unless the court finds the consent was obtained by fraud, 3) require a background check for: a) a noncustodial or nonadjudicated parent who is being assessed for providing day-to-day care of a child who has been temporarily or permanently removed from the home of a parent or guardian under the child protection statutes, b) a relative whose suitability for placement is being established and any household member over the age of 13 when the relative must be licensed for foster care; the agency must conduct a background study under the adoption statute, c) a parent following out-of-home placement when the agency has reasonable cause to believe the parent has been convicted of a crime related to the parent's ability to maintain the child's health, safety, or welfare; or the parent is the subject of a investigation, I) SENTENCING, increases the presumptive range of sentences allowable under the sentencing guidelines without a departure, establishes procedures to govern a jury's finding of aggravating factors and the court's imposition of an upward departure, and deletes language in various statutes that refers to the court being able to impose a longer sentence on its own, J) GENERAL CRIMINAL POLICIES, 1) increase the penalties for sale and possession of steroids regulating them as schedule III rather than a schedule IV drugs, 2) require Driver's license suspension for 30 days when defendant convicted of gasoline theft, 3) make it a gross misdemeanor to posses a dog or bird that is to be used in cock fights, dog fights, and the like. Those types of animal fights are already illegal, and this bill would extend prohibition to the possession of the animals in question, 4) make a felony to strangle a member of your family or household, punishable by up to five years in prison and/or a $5,000 fine, 5) expand the enhanced crime of causing death while committing child abuse to include child abuse to any child, not just the child the person killed, 6) extend the fourth-degree assault laws that currently cover acts of violence against correctional employees to include violence against other other individuals who provide care or treatment at a secure treatment facility, 7) make it a felony crime for a gang member to committ a crime against a child, 8) create new penalties for the crime of negelecting a vulnerable adult. If neglect results in the death of a vulnerable adult the punishment would be up to 15 years in prison and or up to a $30,000 fine, If the neglect results in "great bodily harm," the punishment would be up to ten years in prison and/or a fine up to $20,000, If the neglect results in "substantial bodily harm or the risk of death," the punishment would be prison up to five years and/or up to a $10,000 fine, In other cases, the punishment would be up to one year in prison and/or up to a $3,000 fine, 9) establish a misdemeanor crime for nonvehicular evasion of a police officer for the purpose of avoiding arrest, detention, or investigation, or in order to conceal or destroy potential evidence, 10) make it a crime to interfere or obstruct a member of an ambulance service personnel crew who is providing, or attempting to provide, emergency care, 11) establish penalties for providing false information to police. First time offenders would be guilty of a gross misdemeanor. A person who is convicted a second or subsequent time would be guilty of a felony and could be sentenced to prison for up to two years or fined up to $4,000, or both, 12) expand the crime of theft to include taking something that a person has a legal property interest in if the individual that he or she takes it from has a superior interest in the property, 13) prohibit the electronic (email or website) use of false pretenses to obtain the identity of another person. Whoever commits such offense could be sentenced to imprisonment for up to five years or to payment of a fine of up to $10,000, or both, 14) establish a minimum restitution requirement of $1,000 for victims of identity theft, 15) expand tresspass laws to make it illegal to return to property at any time after being told to leave (under current law, it isn't tresspass if a person returns after a specified period of time depending on the situation), 16) make it a crime with up to a $1,000 fine for a railroad or a person employed by a railroad to obstruct the treatment of a railroad worker injured on the job or to discipline or threaten to discipline the railroad employee injured on the job for requesting treatment or first aid, 17) prohibit the use of audiovisual recording devices in motion picture theaters and make the act of doing so a crime with the first offense a misdemeanor; the second, a gross misdemeanor; the third, a felony, 18) establish a state committee to study the dollar threshold for property crimes, 19) remove from midemeanor vagrancy crimes a) persons over 18 with the ability to work, without lawful means of support and not seeking employment, and b) those who derive support from begging or as a fortune teller or "similar imposter" (it is currently a misdemeanor to do either) K) DWI and TRAFFIC SAFETY, 1) prohibit the use of traffic signal-override devices except those authorized by the commissioner of public safety. Violation would be a misdemeanor, 2) require drivers to restrain child passengers under nine years of age weighing less than 80 pounds (rather than those under four years of age) in a vehicle with a child restraint system. The bill lays out restrictions for different ages and weights, 3) delete DWI related offense requirement that 48 hours of jail time be consecutive, 4) exempt law enforcement agencies that forfeit a vehicle involved in an impaired driving offense from the requirement to obtain the vehicle title in its name before selling the vehicle. The bill allows the Bureau of Criminal Apprehension to certify chemical tests directly to the public safety department, 5) require, for DWI punishments, that a license restriction requiring a person to abstain from alcohol be removed if 10 years have passed without an impaired driving conviction, 6) require the Department of Public Safety to disregard, for purposes of eligibility for a limited driver's license, any first-time (only) impaired driving violation from more than ten years earlier, if the person has had no repeat impaired driving violation within that ten-year lookback period, L) OTHER APPROPRIATIONS (only if HF1664 passes), 1) spend $2 million in both 2006 and 2007 on corrections for meth provisions and short term offenders, and 2) spend $400,000 in 2006 and $100,000 in 2007 for the department of public safety for homelessness grants and youth intervention grants. [Vote Details and Comments]
• Motion by Rep. Steve Smith on May 4, 2005, that the House refuse to agree to the amendments made by the Senate and that a conference committee of 5 members be appointed to work out the differences between the two versions of the bill. The motion passed in the House by voice vote on May 4, 2005.
• Motion by Rep. Steve Smith on May 23, 2005, that the report of the Conference Committee be adopted and that the bill be repassed as amended. As reported, all of the provisions were deleted. As amended, the Public Safety Omnibus bill would make a variety of spending and policy changes to sex offender provisions, fire marshal provisions, emergency communications, law enforcement policy, DNA Collection, Corrections, courts and public defenders, child protection, criminal sentencing, DWI and traffic safety and other general public safety policy. Among the provisions of the bill, this bill would: A) SPENDING; 1) spends $42,196,000 in 2006 and $42,171,000 in 2007 on the Supreme Court, 2) spend $8,189,000 in both 2006 and 2007 on the courts of appeals, 3) spend $231,039,000 in 2006 and $231,386,000 in 2007 on trial courts, 4) spend $726,000 in both years on tax courts, 5) spend $51,000 in 2006 and $45,000 in 2007 on the uniform laws commission, 6) spend $277,000 in both years on the board of judicial standards, 7) spend $60,703,000 in 2006 and $61,801,000 in 2007 on public defense, 8) spend $188,774,000 in 2006 and $126,747,000 in 2007 for the department of public safety, 8) spends $126,000 in both years on the Board of Private Detective and Protective Agent Services, 9) spends $407,085,000 in 2006 and $420,588,000 in 2007 on Corrections, 10) spends $436,000 in both years on sentencing guidelines, and 11) spends $7,000 on the board of veterinary medicine for a meth study, B) SEX OFFENDORS, 1) prohibits the commissioner of corrections from releasing certain other sex offenders until they have served the minimum sentence imposed by the court (usually 20 years in prison). These sex offenders include first- and second-degree criminal sexual conduct offenders who commit crimes with force, violence, coercion, use of a weapon, or where personal injury results to the victim and repeat sex offenders, 2) requires the commissioner of corrections to grant supervised release to sex offenders serving life sentences when so directed by the Sex Offender Review Board (SORB), 3) adds the new crime of criminal sexual predatory conduct to the list of crimes that require an offender to serve an additional ten years on conditional release. The statutory maximum would be 25 percent longer for the underlying crime or 50 percent longer if the violation is committed by a person with previous sex offenses. Permits imposition of a fine of not more than $20,000 in addition to any sentence imposed, 4) allows for mandatory life sentences for repeat sex offenders, and egregious first-time offenders if the crime involves "heinour elements" such as torture, intentional infliction of great harm, mutilation, or the use of a dangerous weapon, 5) requires mandatory minimum sentences and specific terms of conditional release, C) SEX OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION, 1) allows programs for adult offenders to include co-payments, and third-party payers, 2) recodifies notification statutes, 3) requires that when a person leaves a primary address and does not have a new one, the person must register with the law enforcement authority in the area where the person is staying within 24 hours of the time the person no longer has a primary address. Requires compliance with this registration process every time the person moves to a new jurisdiction. Requires the person, in lieu of reporting a primary address, to describe the location where the person is staying with as much specificity as possible, 4) requires that, if the person continues to lack a primary address, the person must report in person, on a weekly basis, to the law enforcement agency in the area where the person is staying, 5) requires level II and III predatory offenders who are no longer under correctional supervision to have an annual in-person contact with the law enforcement authority with jurisdiction over where the offender lives, stays or attends school, 6) requires a person who is required to register as a sex offender to notify a health care facility upon the person's admittance to the facility that the person is a registered sex offender, 7) requires a mandatory ten-year conditional release period for released Level III offenders, 8) imposes notification, information sharing, and investigation obligations on the bureau, local law enforcement authorities, and the Department of Corrections regarding offenders who move to Minnesota from other states, 9) requires law enforcement to notify the administrator of a health care facility where a registered sex offender is receiving inpatient care, 10) requires law enforcement to notify child protection agencies if a registered offender is authorized to live in a household where there are children, 11) grants victims the right to notice and the right to submit a statement prior to the release of a sex offender, 12) allows courts to require polygraph tests as a condition of conditional release or probation, D) HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY, allows Human Services access to the registry, E) HUMAN SERVICES BACKGROUND STUDIES, 1) prohibits employees shall have a background study completed before having direct contact with clients in DHS licensed facilities or programs, 2) requires immediate removal from positions allowing direct contact with patients when the person's prior background study resulted in an order for immediate renewal and more time is needed to complete a subsequent study, F) METHAMPHETAMINES, 1) prohibits the sale of more than two packages of ephedrine or pseudoephedrine at a time, 2) limits the size of packages that can be sold over the counter to no more than a total of three grams, 3) requires a photo ID to purchase these products, 4) prohibits the purchase of over six grams in a 30 day period, 5) prohibits the sale to anyone under 18, 6) increases fines and prison terms for meth related crimes, 7) requires restitution for meth related controlled substance violations, 8) prohibits the theft of anhydrous ammonia or the purchase of it with the intent to manufacture a controlled substance. This would be a felony with up to five years in prison and/or a $50,000 fine, 9) establishes a crime of knowingly engaging in the manufacturing or storing of Meth in the presence of a child or vulnerable adult. This would be a felony crime with up to a five year prison sentence and/or a $10,000 fine, 10) establishes a meth lab cleanup account and loan program, 11) requires a board of veterinary medicine study and report on animal products that can be used to make meth, G) PUBLIC SAFETY POLICY, 1) modifies the Youth Intervention Program to include mentoring services, 2) provides that when a peace officer or firefighter has been approved to receive a duty-related disability pension, the person may apply to the panel established in the bill for a determination of whether the person meets the requirements for receiving the continued employer contribution health coverage, 3) incerases a variety of brewer and wholesale wine seller fees, 4) increases the state caterer's permit fee from $200 to $300, 5) increases the Lake Superior, St. Croix River and Mississippi River Tour Boat fees and liquor license fees, 6) increases the airline and other common carrier sunday liquor license fees, 7) increases the "sales after 1:00am" permit fees, 8) expands on the current provision in law that prohibits employer retaliation against a victim or witness who takes a "reasonable time off" from work to answer a subpoena or answer the request of a prosecutor, 9) establishes a Homelessness Pilot Project and grant program, H) FIRE MARSHAL, 1) Deletes the requirement that the state fire marshal inform the superintendent of the Bureau of Criminal Apprehension whenever the cause of a fire is determined to be arson, replacing it with a requirement to so inform the law enforcement authority having jurisdiction, typically at the local level of government, 2) Removes the authority of the state fire marshal to delegate summons authority to fire departments in cities of the first and second class, 3) requires lodging facilities with five or more rooms to undergo an inspection by the fire marshal every three years, I) LAW ENFORCEMENT POLICY, 1) authorizes the commissioner of public safety and political subdivisions to reimburse peace officers up to $600 (rather than $300) for the purchase of bulletproof vests, 2) established to provide guidance related to gang and drug crimes, 3) establishes a state "financiel crimes oversight council and task force," 4) requires a state study on human trafficking, J) DNA COLLECTION, Establishes an all felon DNA database in Minnesota. Requires all persons convicted of a felony to submit a DNA sample. Also requires persons arrested for a felony to submit a DNA sample, K) CORRECTIONS, 1) Exempts use of inmates for community services and conservation services from the restrictions on state contracts, 2) establishes correctional officer discipline procedures, 3) adds "supervised release" to the list of offenders eligible for $100 gate money to be paid by the warden or chief executive officer upon leaving prison, 4) establishes a conditional release program and drug treatment program for nonviolent drug offenders, 5) amends the provision in current law that authorizes a local jail to collect local correctional fees only from convicted offenders. Authorizes facilities to charge fees to persons who are under the control and supervision of the facility, 6) prohibits the Fugitive Apprehension Unit from seizing conveyance devices (including motor vehicles and real property) under the forfeiture law that are associated with controlled substance offenses, 7) authorizes sheriffs to use electronic monitoring as an alternative to jail confinement for offenders who are sentenced to work-release. Prohibits offenders convicted of domestic abuse from being electronically monitored, unless the sentencing court directs otherwise. Permits the sheriff to assess the cost of electronic, 8) raises the monetary threshold upon which a county board must pass a resolution and seek the advice of the commissioner of corrections before purchasing, leasing, constructing, or repairing a jail. The threshold would be raised from $5,000 to $15,000, L) COURTS AND PUBLIC DEFENDERS, 1) increases tax court fees from $235 to $240, 2) increases the current statutorily mandated criminal surcharge from $60 to $72, and increases the parking violation surcharge from $3 to $4. Permits the Ramsey County Board of Commissioners to authorize imposition of a $1 criminal surcharge for every conviction of a felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, including a parking ticket, 3) increases county recorder fees, 4) increase funding for civil legal services through an increase in surcharges to be collected on certain recording and registration fees, 5) increases registrar of titles fees, 6) prohibits a petition for postconviction relief after a direct appeal has been completed may not be based on grounds that could have been raised on direct appeal, 7) places a two-year limitation period on filing a petition for postconviction relief. The limitation period begins to run after the later of: the entry of judgment if no direct appeal is filed or the appellate court's disposition of a direct appeal, 8) eliminates the prohibition on public defenders accessing the criminal justice information network to obtain information on individuals other than their clients. Allows the public defender to access the network to obtain the criminal record of a witness. Clarifies that the public defender shall have access to data stored via CriMNet or other methods, 9) allows a person to file a petition with the court for the return of seized property if not returned in 48 hours. The court shall send a copy of the petition to the custodian agency and a non-jury hearing shall be heard within 30 days of filing, 10) Authorizes the Chief Justice of the Supreme Court to assign a retired court commissioner to act in Ramsey County as a commissioner, M) CHILD PROTECTION, 1) states the commissioner must consent to the adoption if there is no parent qualified to consent. Adds that if the court accepts a parent's consent to adopt as part of a child protection proceeding, the commissioner of human services must also consent, 2) requires that a background check must be completed on: a) a noncustodial or nonadjudicated parent who is being assessed for providing day-to-day care of a child who has been temporarily or permanently removed from the home of a parent or guardian under the child protection statutes. A check must also be completed on any household member over the age of 13, if there is reasonable cause to believe the individual has a criminal history or history of maltreatment of a child or vulnerable adult; b) a relative whose suitability for placement is being established and any household member over the age of 13 when the relative must be licensed for foster care; c) a parent following out-of-home placement when the agency has reasonable cause to believe the parent has been convicted of a crime related to the parent's ability to maintain the child's health, safety, or welfare; or the parent is the subject of a investigation, or has been the subject of a substantiated allegation of child or vulnerable adult maltreatment within the past ten years, 3) requires the social services agency shall assess whether a noncustodial or nonadjudicated parent is able to care for the child temporarily or permanently and shall complete an assessment that includes background check information, N) CRIMINAL SENTENCING, makes substantive and procedural changes to sentencing law in response to the United States Supreme Court's decision in Blakely v. Washington , 124 S. Ct. 2531 (2004). In Blakely, the Court said that it was unconstitutional under a person's sixth amendment right to a jury trial to allow a court to make findings of fact that would increase the sentence for an offense beyond the sentencing guidelines presumptive sentence. The Court held that the government must prove to a jury beyond a reasonable doubt every aggravating factor that would justify an increase in the defendant's sentence beyond the presumptive sentence (except for the fact of a prior conviction). This part of the bill would increases the presumptive range of sentences allowable under the sentencing guidelines without a departure, establishes procedures to govern a jury's finding of aggravating factors and the court's imposition of an upward departure, and deletes language in various statutes that refers to the court being able to impose a longer sentence on its own, O) GENERAL CRIMINAL PROVISIONS, 1) adds "anabolic steroids" to statutory schedule III drug list, 2) requires the suspension, for 30 days, of the driver's license of any person convicted of the theft of gasoline, 3) imposes a felony penalty on anyone who promotes, engages in, or trains an animal for animal fighting. Imposes a misdemeanor penalty on anyone who purchases a ticket or otherwise gains admissions to an animal fight, 4) adds the crime of domestic assault by strangulation to the list of qualified domestic violence-related offenses, 5) expands the first-degree murder crime that applies when a person causes the death of a minor while committing child abuse to apply when the perpetrator has previously engaged in child abuse against any child, not just the child whose death the perpetrator causes, 6) expands the felony-level crime of fourth degree assault to include certain assaults against those who provide care or treatment to persons held in secure treatment facilities, 7) provides that if any type of domestic assault took place and the offender owns or possesses a firearm and used it in any way during the commission of the assault, the court shall order the firearm be summarily forfeited, 8) establishes penalties (ten years longer than otherwise) for gang members who commit a crime against a child. The underlying crime does not need to be connected to the person's status as a gang member, 9) establishes a crime of knowingly destroying or tampering with documents in furtherance of labor or sex trafficking crimes, 10) expands the definition of "public place" for purposes of the prostitution statutes to include a motor vehicle on a public street, alley, (public) parking lot, or driveway connecting a parking lot with a street or highway, 11) establishes a misdemeanor crime of fleeing from a peace officer in a manner other than in a motor vehicle. It applies if a person attempts to evade or elude a peace officer to avoid arrest, detention, investigation, or to conceal or destroy potential evidence related to a crime, 12) establishes a crime for providing false information to an on-duty peace officer regarding the conduct of others. The crime applies if the person knew the information was false and intended the officer to act in reliance upon it, 13) expands the crime of theft to make it illegal for someone without a legal interest in the property to take the property from someone with a right of possession, 14) creates a new crime that prohibits a person, with intent to obtain another's identity, from using false pretense in an e-mail, Web page, or any other Internet communication. This offense is punishable by five years imprisonment and/or a $10,000 fine, and allows for computer forfeiture, 15) prohibits a person from returning to school property, without the principal's consent, within one year after being told by the school's principal or designee to leave and not to return, 16) increases crimes of intruding or interfering with a nother persons privacy by peeping through a window or using an observation device to a gross misdemeanor or a felony if the person installs photographing or recording devices, 17) establishes a crime for a person in a motion picture theater to knowingly operate the audiovisual recording function of a device while a motion picture is being exhibited without the consent of the theater's owner/lessee. A first offense is a misdemeanor, a second offense is a gross misdemeanor, and a third or subsequent offense is a felony (statutory maximum of two years imprisonment and/or $4,000 fine), P) DWI AND TRAFFIC OFFENSES, 1) prohibits operating a vehicle that contains a device that overrides traffic signals (or the possession of such a device), 2) deletes the requirement that, if a second-time DWI offender is sentenced to jail, then that person must serve at least 48 hours of that jail time consecutively. The motion passed in the House (131 to 3) on May 23, 2005. [Vote Details and Comments]
• Signed by Gov. Tim Pawlenty on June 2, 2005, to make a variety of spending and policy changes to sex offender provisions, fire marshal provisions, emergency communications, law enforcement policy, DNA Collection, Corrections, courts and public defenders, child protection, criminal sentencing, DWI and traffic safety and other general public safety policy. Among the provisions of the bill, this bill would: A) SPENDING; 1) spends $42,196,000 in 2006 and $42,171,000 in 2007 on the Supreme Court, 2) spend $8,189,000 in both 2006 and 2007 on the courts of appeals, 3) spend $231,039,000 in 2006 and $231,386,000 in 2007 on trial courts, 4) spend $726,000 in both years on tax courts, 5) spend $51,000 in 2006 and $45,000 in 2007 on the uniform laws commission, 6) spend $277,000 in both years on the board of judicial standards, 7) spend $60,703,000 in 2006 and $61,801,000 in 2007 on public defense, 8) spend $188,774,000 in 2006 and $126,747,000 in 2007 for the department of public safety, 8) spends $126,000 in both years on the Board of Private Detective and Protective Agent Services, 9) spends $407,085,000 in 2006 and $420,588,000 in 2007 on Corrections, 10) spends $436,000 in both years on sentencing guidelines, and 11) spends $7,000 on the board of veterinary medicine for a meth study, B) SEX OFFENDORS, 1) prohibits the commissioner of corrections from releasing certain other sex offenders until they have served the minimum sentence imposed by the court (usually 20 years in prison). These sex offenders include first- and second-degree criminal sexual conduct offenders who commit crimes with force, violence, coercion, use of a weapon, or where personal injury results to the victim and repeat sex offenders, 2) requires the commissioner of corrections to grant supervised release to sex offenders serving life sentences when so directed by the Sex Offender Review Board (SORB), 3) adds the new crime of criminal sexual predatory conduct to the list of crimes that require an offender to serve an additional ten years on conditional release. The statutory maximum would be 25 percent longer for the underlying crime or 50 percent longer if the violation is committed by a person with previous sex offenses. Permits imposition of a fine of not more than $20,000 in addition to any sentence imposed, 4) allows for mandatory life sentences for repeat sex offenders, and egregious first-time offenders if the crime involves "heinour elements" such as torture, intentional infliction of great harm, mutilation, or the use of a dangerous weapon, 5) requires mandatory minimum sentences and specific terms of conditional release, C) SEX OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION, 1) allows programs for adult offenders to include co-payments, and third-party payers, 2) recodifies notification statutes, 3) requires that when a person leaves a primary address and does not have a new one, the person must register with the law enforcement authority in the area where the person is staying within 24 hours of the time the person no longer has a primary address. Requires compliance with this registration process every time the person moves to a new jurisdiction. Requires the person, in lieu of reporting a primary address, to describe the location where the person is staying with as much specificity as possible, 4) requires that, if the person continues to lack a primary address, the person must report in person, on a weekly basis, to the law enforcement agency in the area where the person is staying, 5) requires level II and III predatory offenders who are no longer under correctional supervision to have an annual in-person contact with the law enforcement authority with jurisdiction over where the offender lives, stays or attends school, 6) requires a person who is required to register as a sex offender to notify a health care facility upon the person's admittance to the facility that the person is a registered sex offender, 7) requires a mandatory ten-year conditional release period for released Level III offenders, 8) imposes notification, information sharing, and investigation obligations on the bureau, local law enforcement authorities, and the Department of Corrections regarding offenders who move to Minnesota from other states, 9) requires law enforcement to notify the administrator of a health care facility where a registered sex offender is receiving inpatient care, 10) requires law enforcement to notify child protection agencies if a registered offender is authorized to live in a household where there are children, 11) grants victims the right to notice and the right to submit a statement prior to the release of a sex offender, 12) allows courts to require polygraph tests as a condition of conditional release or probation, D) HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY, allows Human Services access to the registry, E) HUMAN SERVICES BACKGROUND STUDIES, 1) prohibits employees shall have a background study completed before having direct contact with clients in DHS licensed facilities or programs, 2) requires immediate removal from positions allowing direct contact with patients when the person's prior background study resulted in an order for immediate renewal and more time is needed to complete a subsequent study, F) METHAMPHETAMINES, 1) prohibits the sale of more than two packages of ephedrine or pseudoephedrine at a time, 2) limits the size of packages that can be sold over the counter to no more than a total of three grams, 3) requires a photo ID to purchase these products, 4) prohibits the purchase of over six grams in a 30 day period, 5) prohibits the sale to anyone under 18, 6) increases fines and prison terms for meth related crimes, 7) requires restitution for meth related controlled substance violations, 8) prohibits the theft of anhydrous ammonia or the purchase of it with the intent to manufacture a controlled substance. This would be a felony with up to five years in prison and/or a $50,000 fine, 9) establishes a crime of knowingly engaging in the manufacturing or storing of Meth in the presence of a child or vulnerable adult. This would be a felony crime with up to a five year prison sentence and/or a $10,000 fine, 10) establishes a meth lab cleanup account and loan program, 11) requires a board of veterinary medicine study and report on animal products that can be used to make meth, G) PUBLIC SAFETY POLICY, 1) modifies the Youth Intervention Program to include mentoring services, 2) provides that when a peace officer or firefighter has been approved to receive a duty-related disability pension, the person may apply to the panel established in the bill for a determination of whether the person meets the requirements for receiving the continued employer contribution health coverage, 3) incerases a variety of brewer and wholesale wine seller fees, 4) increases the state caterer's permit fee from $200 to $300, 5) increases the Lake Superior, St. Croix River and Mississippi River Tour Boat fees and liquor license fees, 6) increases the airline and other common carrier sunday liquor license fees, 7) increases the "sales after 1:00am" permit fees, 8) expands on the current provision in law that prohibits employer retaliation against a victim or witness who takes a "reasonable time off" from work to answer a subpoena or answer the request of a prosecutor, 9) establishes a Homelessness Pilot Project and grant program, H) FIRE MARSHAL, 1) Deletes the requirement that the state fire marshal inform the superintendent of the Bureau of Criminal Apprehension whenever the cause of a fire is determined to be arson, replacing it with a requirement to so inform the law enforcement authority having jurisdiction, typically at the local level of government, 2) Removes the authority of the state fire marshal to delegate summons authority to fire departments in cities of the first and second class, 3) requires lodging facilities with five or more rooms to undergo an inspection by the fire marshal every three years, I) LAW ENFORCEMENT POLICY, 1) authorizes the commissioner of public safety and political subdivisions to reimburse peace officers up to $600 (rather than $300) for the purchase of bulletproof vests, 2) established to provide guidance related to gang and drug crimes, 3) establishes a state "financiel crimes oversight council and task force," 4) requires a state study on human trafficking, J) DNA COLLECTION, Establishes an all felon DNA database in Minnesota. Requires all persons convicted of a felony to submit a DNA sample. Also requires persons arrested for a felony to submit a DNA sample, K) CORRECTIONS, 1) Exempts use of inmates for community services and conservation services from the restrictions on state contracts, 2) establishes correctional officer discipline procedures, 3) adds "supervised release" to the list of offenders eligible for $100 gate money to be paid by the warden or chief executive officer upon leaving prison, 4) establishes a conditional release program and drug treatment program for nonviolent drug offenders, 5) amends the provision in current law that authorizes a local jail to collect local correctional fees only from convicted offenders. Authorizes facilities to charge fees to persons who are under the control and supervision of the facility, 6) prohibits the Fugitive Apprehension Unit from seizing conveyance devices (including motor vehicles and real property) under the forfeiture law that are associated with controlled substance offenses, 7) authorizes sheriffs to use electronic monitoring as an alternative to jail confinement for offenders who are sentenced to work-release. Prohibits offenders convicted of domestic abuse from being electronically monitored, unless the sentencing court directs otherwise. Permits the sheriff to assess the cost of electronic, 8) raises the monetary threshold upon which a county board must pass a resolution and seek the advice of the commissioner of corrections before purchasing, leasing, constructing, or repairing a jail. The threshold would be raised from $5,000 to $15,000, L) COURTS AND PUBLIC DEFENDERS, 1) increases tax court fees from $235 to $240, 2) increases the current statutorily mandated criminal surcharge from $60 to $72, and increases the parking violation surcharge from $3 to $4. Permits the Ramsey County Board of Commissioners to authorize imposition of a $1 criminal surcharge for every conviction of a felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, including a parking ticket, 3) increases county recorder fees, 4) increase funding for civil legal services through an increase in surcharges to be collected on certain recording and registration fees, 5) increases registrar of titles fees, 6) prohibits a petition for postconviction relief after a direct appeal has been completed may not be based on grounds that could have been raised on direct appeal, 7) places a two-year limitation period on filing a petition for postconviction relief. The limitation period begins to run after the later of: the entry of judgment if no direct appeal is filed or the appellate court's disposition of a direct appeal, 8) eliminates the prohibition on public defenders accessing the criminal justice information network to obtain information on individuals other than their clients. Allows the public defender to access the network to obtain the criminal record of a witness. Clarifies that the public defender shall have access to data stored via CriMNet or other methods, 9) allows a person to file a petition with the court for the return of seized property if not returned in 48 hours. The court shall send a copy of the petition to the custodian agency and a non-jury hearing shall be heard within 30 days of filing, 10) Authorizes the Chief Justice of the Supreme Court to assign a retired court commissioner to act in Ramsey County as a commissioner, M) CHILD PROTECTION, 1) states the commissioner must consent to the adoption if there is no parent qualified to consent. Adds that if the court accepts a parent's consent to adopt as part of a child protection proceeding, the commissioner of human services must also consent, 2) requires that a background check must be completed on: a) a noncustodial or nonadjudicated parent who is being assessed for providing day-to-day care of a child who has been temporarily or permanently removed from the home of a parent or guardian under the child protection statutes. A check must also be completed on any household member over the age of 13, if there is reasonable cause to believe the individual has a criminal history or history of maltreatment of a child or vulnerable adult; b) a relative whose suitability for placement is being established and any household member over the age of 13 when the relative must be licensed for foster care; c) a parent following out-of-home placement when the agency has reasonable cause to believe the parent has been convicted of a crime related to the parent's ability to maintain the child's health, safety, or welfare; or the parent is the subject of a investigation, or has been the subject of a substantiated allegation of child or vulnerable adult maltreatment within the past ten years, 3) requires the social services agency shall assess whether a noncustodial or nonadjudicated parent is able to care for the child temporarily or permanently and shall complete an assessment that includes background check information, N) CRIMINAL SENTENCING, makes substantive and procedural changes to sentencing law in response to the United States Supreme Court's decision in Blakely v. Washington , 124 S. Ct. 2531 (2004). In Blakely, the Court said that it was unconstitutional under a person's sixth amendment right to a jury trial to allow a court to make findings of fact that would increase the sentence for an offense beyond the sentencing guidelines presumptive sentence. The Court held that the government must prove to a jury beyond a reasonable doubt every aggravating factor that would justify an increase in the defendant's sentence beyond the presumptive sentence (except for the fact of a prior conviction). This part of the bill would increases the presumptive range of sentences allowable under the sentencing guidelines without a departure, establishes procedures to govern a jury's finding of aggravating factors and the court's imposition of an upward departure, and deletes language in various statutes that refers to the court being able to impose a longer sentence on its own, O) GENERAL CRIMINAL PROVISIONS, 1) adds "anabolic steroids" to statutory schedule III drug list, 2) requires the suspension, for 30 days, of the driver's license of any person convicted of the theft of gasoline, 3) imposes a felony penalty on anyone who promotes, engages in, or trains an animal for animal fighting. Imposes a misdemeanor penalty on anyone who purchases a ticket or otherwise gains admissions to an animal fight, 4) adds the crime of domestic assault by strangulation to the list of qualified domestic violence-related offenses, 5) expands the first-degree murder crime that applies when a person causes the death of a minor while committing child abuse to apply when the perpetrator has previously engaged in child abuse against any child, not just the child whose death the perpetrator causes, 6) expands the felony-level crime of fourth degree assault to include certain assaults against those who provide care or treatment to persons held in secure treatment facilities, 7) provides that if any type of domestic assault took place and the offender owns or possesses a firearm and used it in any way during the commission of the assault, the court shall order the firearm be summarily forfeited, 8) establishes penalties (ten years longer than otherwise) for gang members who commit a crime against a child. The underlying crime does not need to be connected to the person's status as a gang member, 9) establishes a crime of knowingly destroying or tampering with documents in furtherance of labor or sex trafficking crimes, 10) expands the definition of "public place" for purposes of the prostitution statutes to include a motor vehicle on a public street, alley, (public) parking lot, or driveway connecting a parking lot with a street or highway, 11) establishes a misdemeanor crime of fleeing from a peace officer in a manner other than in a motor vehicle. It applies if a person attempts to evade or elude a peace officer to avoid arrest, detention, investigation, or to conceal or destroy potential evidence related to a crime, 12) establishes a crime for providing false information to an on-duty peace officer regarding the conduct of others. The crime applies if the person knew the information was false and intended the officer to act in reliance upon it, 13) expands the crime of theft to make it illegal for someone without a legal interest in the property to take the property from someone with a right of possession, 14) creates a new crime that prohibits a person, with intent to obtain another's identity, from using false pretense in an e-mail, Web page, or any other Internet communication. This offense is punishable by five years imprisonment and/or a $10,000 fine, and allows for computer forfeiture, 15) prohibits a person from returning to school property, without the principal's consent, within one year after being told by the school's principal or designee to leave and not to return, 16) increases crimes of intruding or interfering with a nother persons privacy by peeping through a window or using an observation device to a gross misdemeanor or a felony if the person installs photographing or recording devices, 17) establishes a crime for a person in a motion picture theater to knowingly operate the audiovisual recording function of a device while a motion picture is being exhibited without the consent of the theater's owner/lessee. A first offense is a misdemeanor, a second offense is a gross misdemeanor, and a third or subsequent offense is a felony (statutory maximum of two years imprisonment and/or $4,000 fine), P) DWI AND TRAFFIC OFFENSES, 1) prohibits operating a vehicle that contains a device that overrides traffic signals (or the possession of such a device), 2) deletes the requirement that, if a second-time DWI offender is sentenced to jail, then that person must serve at least 48 hours of that jail time consecutively.

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Introduced by Rep. Jim Abeler, Rep. Michael Beard, Rep. Fran Bradley, Rep. Laura Brod, Rep. Tony Cornish, Rep. Lloyd Cybart, Rep. Randy Demmer, Rep. Tom Emmer, Rep. Sondra Erickson, Rep. Brad Finstad, Rep. Pat Garofalo, Rep. Paul Gazelka, Rep. Bob Gunther, Rep. Mary Liz Holberg, Rep. Joe Hoppe, Rep. Paul Kohls, Rep. Morrie Lanning, Rep. John Lesch, Rep. Doug Magnus, Rep. Doug Meslow, Rep. Peter Nelson, Rep. Erik Paulsen, Rep. Maxine Penas, Rep. Joyce Peppin, Rep. Connie Ruth, Rep. Char Samuelson, Rep. Dan Severson, Rep. Dean Simpson, Rep. Steve Smith, Rep. Barb Sykora, Rep. Kathy Tingelstad, Rep. Tim Wilkin and Rep. Kurt Zellers on January 6, 2005. Passed in the House (123 to 10) on April 28, 2005. New Comment