1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime prevention; modifying requirements 1.3 that drivers provide proof of automobile insurance; 1.4 clarifying duty of the sentencing guidelines 1.5 commission; increasing penalties for certain gross 1.6 misdemeanor-level offenses; expanding sex offender 1.7 registration act; prohibiting possession of code 1.8 grabbing devices; clarifying certain definitions and 1.9 sentencing provisions; expanding definition of sexual 1.10 contact under criminal sexual conduct in the fifth 1.11 degree; clarifying provisions of the offense of 1.12 welfare fraud; providing additional penalties for 1.13 fleeing a peace officer in a motor vehicle; modifying 1.14 provisions concerning escapes and aiding escape 1.15 offenses; modifying the crimes of first degree 1.16 manslaughter and killing or harming a police dog; 1.17 increasing penalties for certain firearms and domestic 1.18 abuse offenses; requiring domestic abuse assessments; 1.19 limiting ability of certain convicted felons to 1.20 possess a handgun or assault weapon; expanding 1.21 definitions of "violent crime" and "crime of 1.22 violence"; authorizing continued detention of 1.23 juveniles under certain circumstances; clarifying and 1.24 modifying application of the juvenile petty offender 1.25 law; authorizing peace officers to issue truancy 1.26 citations; requiring collection of certain data on 1.27 juveniles; conforming statutes to juvenile court 1.28 rules; limiting expungement of certain criminal 1.29 records and providing an expungement process; 1.30 clarifying detention authority of peace and probation 1.31 officers; expanding restitution rights of crime 1.32 victims; authorizing peace officers to seize 1.33 registration plates of unregistered vehicles; creating 1.34 crime prevention programs; prescribing penalties; 1.35 appropriating money; amending Minnesota Statutes 1994, 1.36 sections 168.36, by adding a subdivision; 169.791, 1.37 subdivisions 2a, 3, and 4; 169.792, subdivisions 1, 2, 1.38 3, 5, and 6; 242.31, subdivision 2; 244.09, 1.39 subdivision 5; 260.141, by adding a subdivision; 1.40 260.145; 260.161, subdivision 1a; 260.171, subdivision 1.41 2; 260.281; 260.301; 260.311, subdivision 3a; 299C.13; 1.42 609.035, subdivision 1, and by adding a subdivision; 1.43 609.11, subdivision 9; 609.135, subdivision 1; 1.44 609.165, subdivisions 1a and 1b; 609.2231, subdivision 1.45 2, and by adding a subdivision; 609.487, by adding 1.46 subdivisions; 609.5316, subdivision 3; 609.583; 2.1 609.596; 609.66, subdivisions 1a and 2; 609.666, 2.2 subdivision 1, and by adding a subdivision; 609.749, 2.3 by adding a subdivision; 609.855, subdivision 5; 2.4 611A.04, subdivision 3; 624.713, subdivision 2; 2.5 624.7132, subdivision 8; 624.714, subdivisions 1 and 2.6 5; 624.7141; and 638.02, subdivision 2; Minnesota 2.7 Statutes 1995 Supplement, sections 152.18, subdivision 2.8 1; 242.31, subdivision 1; 243.166, subdivision 1; 2.9 256.98, subdivision 1; 260.015, subdivision 21; 2.10 260.132, subdivisions 1 and 3a; 260.155, subdivision 2.11 2; 260.161, subdivision 3; 260.195, subdivision 2a; 2.12 299C.10, subdivision 1; 299C.11; 518B.01, subdivision 2.13 14; 609.10; 609.125; 609.135, subdivision 2; 609.152, 2.14 subdivision 1; 609.20; 609.2242, subdivision 2; 2.15 609.3451, subdivision 1; 609.485, subdivisions 2 and 2.16 4; 609.52, subdivision 1; 611A.01; 617.23; and 2.17 624.712, subdivision 5; proposing coding for new law 2.18 in Minnesota Statutes, chapters 171; and 609; 2.19 proposing coding for new law as Minnesota Statutes, 2.20 chapter 609A; repealing Minnesota Statutes 1994, 2.21 sections 152.18, subdivision 2; 242.31, subdivision 3; 2.22 260.141, subdivision 1; 609.166; 609.167; 609.168; and 2.23 609.495, subdivision 2. 2.24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.25 ARTICLE 1 2.26 GENERAL CRIME PROVISIONS 2.27 Section 1. Minnesota Statutes 1994, section 169.791, 2.28 subdivision 2a, is amended to read: 2.29 Subd. 2a. [LATER PRODUCTION OF PROOF BY DRIVER WHO IS 2.30 OWNER.] A driver who is the owner of the vehicle may,within ten2.31days after the demandno later than the date and time specified 2.32 in the citation for the driver's first court appearance, produce 2.33 proof of insurance stating that security had been provided for 2.34 the vehicle that was being operated at the time of the demand to 2.35 the court administrator. The required proof of insurance may be 2.36 sent by mail by the driver as long as it is receivedwithin ten2.37daysno later than the date and time specified in the citation 2.38 for the driver's first court appearance. If a citation is 2.39 issued, no person shall be convicted of violating this section 2.40 if the court administrator receives the required proof of 2.41 insurancewithin ten days of the issuance of the citationno 2.42 later than the date and time specified in the citation for the 2.43 driver's first court appearance. If the charge is made other 2.44 than by citation, no person shall be convicted of violating this 2.45 section if the person presents the required proof of insurance 2.46 at the person's first court appearance after the charge is made. 2.47 Sec. 2. Minnesota Statutes 1994, section 169.791, 3.1 subdivision 3, is amended to read: 3.2 Subd. 3. [LATER PRODUCTION OF INFORMATION BY DRIVER WHO IS 3.3 NOT OWNER.] If the driver is not the owner of the vehicle, the 3.4 driver shall,within ten days of the officer's demandno later 3.5 than the date and time specified in the citation for the 3.6 driver's first court appearance, provide the district court 3.7 administrator with proof of insurance or the name and address of 3.8 the owner. Upon receipt of the name and address of the owner, 3.9 the district court administrator shall communicate the 3.10 information to the law enforcement agency. 3.11 Sec. 3. Minnesota Statutes 1994, section 169.791, 3.12 subdivision 4, is amended to read: 3.13 Subd. 4. [REQUIREMENT FOR OWNER WHO IS NOT DRIVER.] If the 3.14 driver is not the owner of the vehicle, the officer may send or 3.15 provide a notice to the owner of the vehicle requiring the owner 3.16 to produce proof of insurance for the vehicle that was being 3.17 operated at the time of the demand. Notice by mail is presumed 3.18 to be received five days after mailing and shall be sent to the 3.19 owner's current address or the address listed on the owner's 3.20 driver's license. Within ten days after receipt of the notice, 3.21 the owner shall produce the required proof of insurance to the 3.22 place stated in the notice received by the owner. The required 3.23 proof of insurance may be sent by mail by the owner as long as 3.24 it is received within ten days. Any owner who fails to produce 3.25 proof of insurance within ten days of an officer's request under 3.26 this subdivision is guilty of a misdemeanor. The peace officer 3.27 may mail the citation to the owner's current address or address 3.28 stated on the owner's driver's license. It is an affirmative 3.29 defense to a charge against the owner that the driver used the 3.30 owner's vehicle without consent, if insurance would not have 3.31 been required in the absence of the unauthorized use by the 3.32 driver. It is not a defense that a person failed to notify the 3.33 department of public safety of a change of name or address as 3.34 required under section 171.11. The citation may be sent after 3.35 the ten-day period. 3.36 Sec. 4. Minnesota Statutes 1994, section 169.792, 4.1 subdivision 1, is amended to read: 4.2 Subdivision 1. [IMPLIED CONSENT.] Any driver or owner of a 4.3 vehicle consents, subject to the provisions of this section and 4.4 section 169.791, to the requirement of having possession of 4.5 proof of insurance, and to the revocation of the person's 4.6 license if the driver or owner does not produce the required 4.7 proof of insurancewithin ten days of an officer's demandno 4.8 later than the date and time specified in the citation for the 4.9 driver's first court appearance, if a citation is issued, or 4.10 within ten days of receipt of a written notice, if a written 4.11 notice is sent or given. Any driver of a vehicle who is not the 4.12 owner of the vehicle consents, subject to the provisions of this 4.13 section and section 169.791, to providing to the officer the 4.14 name and address of the owner of the vehicle. 4.15 Sec. 5. Minnesota Statutes 1994, section 169.792, 4.16 subdivision 2, is amended to read: 4.17 Subd. 2. [REQUIREMENT FOR DRIVER WHETHER OR NOT OWNER.] 4.18 Except as provided in subdivision 3, every driver of a vehicle 4.19 shall,within ten days afterupon the demand of a peace officer, 4.20 produce proof of insurance in force for the vehicle that was 4.21 being operated at the time of the demand, to the district court 4.22 administrator no later than the date and time specified in the 4.23 citation for the driver's first court appearance. The required 4.24 proof of insurance may be sent by the driver by mail as long as 4.25 it is receivedwithin ten daysno later than the date and time 4.26 specified in the citation for the driver's first court 4.27 appearance. A driver who is not the owner does not violate this 4.28 section unless the driver knew or had reason to know that the 4.29 owner did not have proof of insurance required by this section, 4.30 provided that the driver provides the officer with the owner's 4.31 name and address at the time of the demand or complies with 4.32 subdivision 3. 4.33 Sec. 6. Minnesota Statutes 1994, section 169.792, 4.34 subdivision 3, is amended to read: 4.35 Subd. 3. [REQUIREMENT FOR DRIVER WHO IS NOT OWNER.] If the 4.36 driver is not the owner of the vehicle, then the driver shall 5.1 provide the officer with the name and address of the owner at 5.2 the time of the demand or shallwithin ten days of the officer's5.3demand, no later than the date and time specified in the 5.4 citation for the driver's first court appearance, provide the 5.5 district court administrator with proof of insurance or the name 5.6 and address of the owner. Upon receipt of the owner's name and 5.7 address, the district court administrator shall forward the 5.8 information to the law enforcement agency. If the name and 5.9 address received from the driver do not match information 5.10 available to the district court administrator, the district 5.11 court administrator shall notify the law enforcement agency of 5.12 the discrepancy. 5.13 Sec. 7. Minnesota Statutes 1994, section 169.792, 5.14 subdivision 5, is amended to read: 5.15 Subd. 5. [WRITTEN NOTICE.] (a) When proof of insurance is 5.16 demanded and none is in possession, the law enforcement agency 5.17 may send or give the driver written notice as providedhereinin 5.18 this subdivision, unless the officer issues a citation to the 5.19 driver under section 169.791 or 169.797. If the driver is not 5.20 the owner and does not produce the required proof of insurance 5.21 within ten days of the demand, the law enforcement agency may 5.22 send or give written notice to the owner of the vehicle. 5.23 (b) Within ten days after receipt of the notice, if given, 5.24 the driver or owner shall produce the required proof of 5.25 insurance to the place stated in the notice. Notice to the 5.26 driver or owner by mail is presumed to be received within five 5.27 days after mailing. It is not a defense that a person failed to 5.28 notify the department of public safety of a change of name or 5.29 address as required under section 171.11. 5.30 (c) The department of public safety shall prescribe a form 5.31 setting forth the written notice to be provided to the driver or 5.32 owner. The department shall, upon request, provide a sample of 5.33 the form to any law enforcement agency. The notice shall 5.34 provide that the driver or owner must produce the proof of 5.35 insurance to the law enforcement agency, at the place specified 5.36 in the notice. The notice shall also state: 6.1 (1) that Minnesota law requires every driver and owner to 6.2 produce an insurance identification card, insurance policy, or 6.3 written statement indicating that the vehicle had insurance at 6.4 the time of an officer's demandwithin ten days of the demand, 6.5 no later than the date and time specified in the citation for 6.6 the driver's first court appearance, if a citation is issued, or 6.7 within ten days of receipt of the written notice if a written 6.8 notice is sent or given, provided, however, that a driver who 6.9 does not own the vehicle shall provide the name and address of 6.10 the owner; 6.11 (2) that if the driver fails to produce the information 6.12 withinten days from the date of demandthe required time or if 6.13 the owner fails to produce the information within ten days of 6.14 receipt of the notice from the peace officer, the commissioner 6.15 of public safety shall revoke the person's driver's license or 6.16 permit to drive for a minimum of 30 days, and shall revoke the 6.17 registration of the vehicle; 6.18 (3) that any person who displays or causes another to 6.19 display an insurance identification card, insurance policy, or 6.20 written statement, knowing that the insurance is not in force, 6.21 is guilty of a misdemeanor; and 6.22 (4) that any person who alters or makes a fictitious 6.23 identification card, insurance policy, or written statement, or 6.24 knowingly displays an altered or fictitious identification card, 6.25 insurance policy, or written statement, is guilty of a 6.26 misdemeanor. 6.27 Sec. 8. Minnesota Statutes 1994, section 169.792, 6.28 subdivision 6, is amended to read: 6.29 Subd. 6. [REPORT TO COMMISSIONER OF PUBLIC SAFETY.] If a 6.30 driver fails to produce the required proof of insurance or name 6.31 and address of the ownerwithin ten days of the demandno later 6.32 than the date and time specified in the citation for the 6.33 driver's first court appearance, the district court 6.34 administrator shall report the failure to the commissioner. If 6.35 an owner who is not the driver fails to produce the required 6.36 proof of insurance, or if a driver to whom a citation has not 7.1 been issued does not provide proof of insurance or the owner's 7.2 name and address, within ten days of receipt of the notice, the 7.3 law enforcement agency shall report the failure to the 7.4 commissioner. Failure to produce proof of insurance or the 7.5 owner's name and address as required by this section must be 7.6 reported to the commissioner promptly regardless of the status 7.7 or disposition of any related criminal charges. 7.8 Sec. 9. [171.174] [SUSPENSION; FLEEING PEACE OFFICER IN 7.9 MOTOR VEHICLE.] 7.10 The commissioner of public safety shall suspend the 7.11 driver's license of a person charged with fleeing a peace 7.12 officer under section 609.487 if the court has notified the 7.13 commissioner under subdivision 5 of that section. The 7.14 suspension shall continue until the charge is adjudicated. A 7.15 limited license under section 171.30 may be issued only upon 7.16 recommendation of the court. 7.17 Sec. 10. [171.175] [REVOCATION; FLEEING PEACE OFFICER 7.18 OFFENSE.] 7.19 The commissioner of public safety shall revoke the driver's 7.20 license of a person upon receipt of a certificate of conviction 7.21 showing that the person has in a motor vehicle violated section 7.22 609.487, subdivision 3 or 4, or an ordinance in conformity with 7.23 those subdivisions. The commissioner shall revoke the driver's 7.24 license as follows: 7.25 (1) for the first offense under section 609.487, 7.26 subdivision 3, for not less than one year; 7.27 (2) for the second offense or subsequent offenses under 7.28 section 609.487, subdivision 3, for not less than three years; 7.29 (3) for an offense under section 609.487, subdivision 4, 7.30 clause (a), for not less than ten years; 7.31 (4) for an offense under section 609.487, subdivision 4, 7.32 clause (b), for not less than seven years; and 7.33 (5) for an offense under section 609.487, subdivision 4, 7.34 clause (c), for not less than five years. 7.35 A limited license under section 171.30 may not be issued 7.36 for one-half of the revocation period specified in clauses (1) 8.1 to (5) and after that period is over only upon and as 8.2 recommended by the adjudicating court. 8.3 Sec. 11. Minnesota Statutes 1995 Supplement, section 8.4 243.166, subdivision 1, is amended to read: 8.5 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall 8.6 register under this section if: 8.7 (1) the person was charged with or petitioned for a felony 8.8 violation of or attempt to violate any of the following, and 8.9 convicted of or adjudicated delinquent for that offense orof8.10 another offense arising out of the same set of circumstances: 8.11 (i) murder under section 609.185, clause (2); 8.12 (ii) kidnapping under section 609.25, involving a minor 8.13 victim; or 8.14 (iii) criminal sexual conduct under section 609.342; 8.15 609.343; 609.344; or 609.345; or 8.16 (2) the person was charged with or petitioned for using a 8.17 minor in a sexual performance in violation of section 617.246, 8.18 or possessing pictorial representations of minors in violation 8.19 of section 617.247, and convicted of or adjudicated delinquent 8.20 for that offense or another offense arising out of the same set 8.21 of circumstances; or 8.22 (3) the person was convicted of a predatory crime as 8.23 defined in section 609.1352, and the offender was sentenced as a 8.24 patterned sex offender or the court found on its own motion or 8.25 that of the prosecutor that the crime was part of a predatory 8.26 pattern of behavior that had criminal sexual conduct as its 8.27 goal; or 8.28(3)(4) the person was convicted of or adjudicated 8.29 delinquent for violating a law of the United States similar to 8.30 the offenses described in clause (1)or, (2), or (3). 8.31 (b) A person also shall register under this section if: 8.32 (1) the person was convicted of or adjudicated delinquent 8.33 in another state for an offense that would be a violation of a 8.34 law described in paragraph (a) if committed in this state; 8.35 (2) the person enters and remains in this state for 30 days 8.36 or longer; and 9.1 (3) ten years have not elapsed since the person was 9.2 released from confinement or, if the person was not confined, 9.3 since the person was convicted of or adjudicated delinquent for 9.4 the offense that triggers registration. 9.5 Sec. 12. Minnesota Statutes 1994, section 244.09, 9.6 subdivision 5, is amended to read: 9.7 Subd. 5. The commission shall, on or before January 1, 9.8 1980, promulgate sentencing guidelines for the district court. 9.9 The guidelines shall be based on reasonable offense and offender 9.10 characteristics. The guidelines promulgated by the commission 9.11 shall be advisory to the district court and shall establish: 9.12 (1) The circumstances under which imprisonment of an 9.13 offender is proper; and 9.14 (2) A presumptive, fixed sentence for offenders for whom 9.15 imprisonment is proper, based on each appropriate combination of 9.16 reasonable offense and offender characteristics. The guidelines 9.17 may provide for an increase or decrease of up to 15 percent in 9.18 the presumptive, fixed sentence. 9.19 The sentencing guidelines promulgated by the commission may 9.20 also establish appropriate sanctions for offenders for whom 9.21 imprisonment is not proper. Any guidelines promulgated by the 9.22 commission establishing sanctions for offenders for whom 9.23 imprisonment is not proper shall make specific reference to 9.24 noninstitutional sanctions, including but not limited to the 9.25 following: payment of fines, day fines, restitution, community 9.26 work orders, work release programs in local facilities, 9.27 community based residential and nonresidential programs, 9.28 incarceration in a local correctional facility, and probation 9.29 and the conditions thereof. 9.30 In establishing and modifying the sentencing guidelines, 9.31 the primary consideration of the commission shall be public 9.32 safety. The commission shall also consider current sentencing 9.33 and release practicesand; correctional resources, including but 9.34 not limited to the capacities of local and state correctional 9.35 facilities; and the adverse social and economic impacts that the 9.36 offense and the fear of future offenses have or may have on the 10.1 community in which the offense occurs. 10.2 The provisions of sections 14.001 to 14.69 do not apply to 10.3 the promulgation of the sentencing guidelines, and the 10.4 sentencing guidelines, including severity levels and criminal 10.5 history scores, are not subject to review by the legislative 10.6 commission to review administrative rules. However, on or 10.7 before January 1, 1986, the commission shall adopt rules 10.8 pursuant to sections 14.001 to 14.69 which establish procedures 10.9 for the promulgation of the sentencing guidelines, including 10.10 procedures for the promulgation of severity levels and criminal 10.11 history scores, and these rules shall be subject to review by 10.12 the legislative commission to review administrative rules. 10.13 Sec. 13. Minnesota Statutes 1995 Supplement, section 10.14 256.98, subdivision 1, is amended to read: 10.15 Subdivision 1. [WRONGFULLY OBTAINING ASSISTANCE.] A person 10.16 who commits any of the following acts or omissions is guilty of 10.17 theft and shall be sentenced pursuant to section 609.52, 10.18 subdivision 3, clauses (1), (2), (3), and (5): 10.19 (1) obtains,or attempts to obtain, or aids or abets any 10.20 person to obtain by means of a willfully false statement or 10.21 representation, by intentional concealment of a material fact, 10.22 or by impersonation or other fraudulent device, assistance or 10.23 the continued receipt of assistance to which the person is not 10.24 entitled or assistance greater than that to which the person is 10.25 entitled, or who; 10.26 (2) knowingly aids or abets in buying or in any way 10.27 disposing of the property of a recipient or applicant of 10.28 assistance without the consent of the county agency with intent 10.29 to defeat the purposes of sections 256.12, 256.031 to 256.0361, 10.30 256.72 to 256.871, and chapter 256B, or all of these sectionsis10.31guilty of theft and shall be sentenced pursuant to section10.32609.52, subdivision 3, clauses (2), (3)(a) and (c), (4), and10.33(5).; or 10.34 (3) knowingly fails to report a change or anticipated 10.35 change in circumstances as required by Minnesota Rules, part 10.36 9500.2700, subpart 7, and continues to receive assistance to 11.1 which the person is not entitled or assistance greater than that 11.2 to which the person is entitled. 11.3 The continued receipt of assistance to which the person is 11.4 not entitled or greater than that to which the person is 11.5 entitled as a result of any of the acts described in this 11.6 subdivision shall be deemed to be continuing offenses from the 11.7 date that the first act or failure to act occurred. 11.8 Sec. 14. Minnesota Statutes 1995 Supplement, section 11.9 609.20, is amended to read: 11.10 609.20 [MANSLAUGHTER IN THE FIRST DEGREE.] 11.11 Whoever does any of the following is guilty of manslaughter 11.12 in the first degree and may be sentenced to imprisonment for not 11.13 more than 15 years or to payment of a fine of not more than 11.14 $30,000, or both: 11.15 (1) intentionally causes the death of another person in the 11.16 heat of passion provoked by such words or acts of another as 11.17 would provoke a person of ordinary self-control under like 11.18 circumstances, provided that the crying of a child does not 11.19 constitute provocation; 11.20 (2) violates section 609.224 and causes the death of 11.21 another or causes the death of another in committing or 11.22 attempting to commit a misdemeanor or gross misdemeanor offense 11.23 with such force and violence that death of or great bodily harm 11.24 to any person was reasonably foreseeable, and murder in the 11.25 first or second degree was not committed thereby; 11.26 (3) intentionally causes the death of another person 11.27 because the actor is coerced by threats made by someone other 11.28 than the actor's coconspirator and which cause the actor 11.29 reasonably to believe that the act performed by the actor is the 11.30 only means of preventing imminent death to the actor or another; 11.31 (4) proximately causes the death of another, without intent 11.32 to cause death by, directly or indirectly, unlawfully selling, 11.33 giving away, bartering, delivering, exchanging, distributing, or 11.34 administering a controlled substance classified in schedule III, 11.35 IV, or V; or 11.36 (5) causes the death of another in committing or attempting 12.1 to commit a violation of section 609.377 (malicious punishment 12.2 of a child), and murder in the first, second, or third degree is 12.3 not committed thereby. 12.4 As used in this section, a "person of ordinary self-control" 12.5 does not include a person under the influence of intoxicants or 12.6 a controlled substance. 12.7 Sec. 15. Minnesota Statutes 1994, section 609.2231, 12.8 subdivision 2, is amended to read: 12.9 Subd. 2. [FIREFIGHTERS AND EMERGENCY MEDICAL PERSONNEL.] 12.10 Whoever assaults any of the following persons and inflicts 12.11 demonstrable bodily harm is guilty of agross misdemeanorfelony 12.12 and may be sentenced to imprisonment for not more than two years 12.13 or to payment of a fine of not more than $4,000, or both: 12.14 (1) a member of a municipal or volunteer fire department or 12.15 emergency medical services personnel unit in the performance of 12.16 the member's duties; or 12.17 (2) a physician, nurse, or other person providing health 12.18 care services in a hospital emergency department; or12.19(3) an employee of the department of natural resources who12.20is engaged in forest fire activities. 12.21 Sec. 16. Minnesota Statutes 1994, section 609.2231, is 12.22 amended by adding a subdivision to read: 12.23 Subd. 2a. [CERTAIN DEPARTMENT OF NATURAL RESOURCES 12.24 EMPLOYEES.] Whoever assaults and inflicts demonstrable bodily 12.25 harm on an employee of the department of natural resources who 12.26 is engaged in forest fire activities is guilty of a gross 12.27 misdemeanor. 12.28 Sec. 17. Minnesota Statutes 1995 Supplement, section 12.29 609.3451, subdivision 1, is amended to read: 12.30 Subdivision 1. [CRIME DEFINED.] A person is guilty of 12.31 criminal sexual conduct in the fifth degree: 12.32 (1) if the person engages in nonconsensual sexual contact; 12.33 or 12.34 (2) the person engages in masturbation or lewd exhibition 12.35 of the genitals in the presence of a minor under the age of 16, 12.36 knowing or having reason to know the minor is present. 13.1 For purposes of this section, "sexual contact" has the 13.2 meaning given in section 609.341, subdivision 11, paragraph (a), 13.3 clauses (i) and (iv), but does not include the intentional 13.4 touching of the clothing covering the immediate area of the 13.5 buttocks. Sexual contact also includes the intentional removal 13.6 or attempted removal of clothing covering the complainant's 13.7 intimate parts or undergarments, and the nonconsensual touching 13.8 by the complainant of the actor's intimate parts, effected by 13.9 the actor, if the action is performed with sexual or aggressive 13.10 intent. 13.11 Sec. 18. Minnesota Statutes 1995 Supplement, section 13.12 609.485, subdivision 2, is amended to read: 13.13 Subd. 2. [ACTS PROHIBITED.] Whoever does any of the 13.14 following may be sentenced as provided in subdivision 4: 13.15 (1) escapes while held in lawful custody on a charge or 13.16 conviction of a crime, or while held in lawful custody on an 13.17 allegation or adjudication of a delinquent actwhile 18 years of13.18age; 13.19 (2) transfers to another, who is in lawful custody on a 13.20 charge or conviction of a crime, or introduces into an 13.21 institution in which the latter is confined, anything usable in 13.22 making such escape, with intent that it shall be so used; 13.23 (3) having another in lawful custody on a charge or 13.24 conviction of a crime, intentionally permits the other to 13.25 escape; 13.26 (4) escapes while in a facility designated under section 13.27 253B.18, subdivision 1, pursuant to a court commitment order 13.28 after a finding of not guilty by reason of mental illness or 13.29 mental deficiency of a crime against the person, as defined in 13.30 section 253B.02, subdivision 4a. Notwithstanding section 13.31 609.17, no person may be charged with or convicted of an attempt 13.32 to commit a violation of this clause; or 13.33 (5) escapes while in a facility designated under section 13.34 253B.18, subdivision 1, pursuant to a court commitment order 13.35 under section 253B.185 or 526.10. 13.36 For purposes of clause (1), "escapes while held in lawful 14.1 custody" includes absconding from electronic monitoring or 14.2 absconding after removing an electronic monitoring device from 14.3 the person's body. 14.4 Sec. 19. Minnesota Statutes 1995 Supplement, section 14.5 609.485, subdivision 4, is amended to read: 14.6 Subd. 4. [SENTENCE.] (a) Except as otherwise provided in 14.7 subdivision 3a, whoever violates this section may be sentenced 14.8 as follows: 14.9 (1) if the person who escapes is in lawful custody on a 14.10 charge or conviction of a felony, to imprisonment for not more 14.11 than five years or to payment of a fine of not more than 14.12 $10,000, or both; 14.13 (2) if the person who escapes is in lawful custody after a 14.14 finding of not guilty by reason of mental illness or mental 14.15 deficiency of a crime against the person, as defined in section 14.16 253B.02, subdivision 4a, or pursuant to a court commitment order 14.17 under section 253B.185 or 526.10, to imprisonment for not more 14.18 than one year and one day or to payment of a fine of not more 14.19 than $3,000, or both; or 14.20 (3) if such charge or conviction is for a gross misdemeanor 14.21 or misdemeanor, or if the person who escapes is in lawful 14.22 custody on an allegation or adjudication of a delinquent act 14.23while 18 years of age, to imprisonment for not more than one 14.24 year or to payment of a fine of not more than $3,000, or both. 14.25 (b) If the escape was a violation of subdivision 2, clause 14.26 (1), (2), or (3), and was effected by violence or threat of 14.27 violence against a person, the sentence may be increased to not 14.28 more than twice those permitted in paragraph (a), clauses (1) 14.29 and (3). 14.30 (c) Unless a concurrent term is specified by the court, a 14.31 sentence under this section shall be consecutive to any sentence 14.32 previously imposed or which may be imposed for any crime or 14.33 offense for which the person was in custody when the person 14.34 escaped. 14.35 (d) Notwithstanding paragraph (c), if a person who was 14.36 committed to the commissioner of corrections under section 15.1 260.185 escapes from the custody of the commissioner while 18 15.2 years of age, the person's sentence under this section shall 15.3 commence on the person's 19th birthday or on the person's date 15.4 of discharge by the commissioner of corrections, whichever 15.5 occurs first. However, if the person described in this clause 15.6 is convicted under this section after becoming 19 years old and 15.7 after having been discharged by the commissioner, the person's 15.8 sentence shall commence upon imposition by the sentencing court. 15.9 (e) Notwithstanding paragraph (c), if a person who is in 15.10 lawful custody on an allegation or adjudication of a delinquent 15.11 act while 18 years of age escapes from a local juvenile 15.12 correctional facility, the person's sentence under this section 15.13 begins on the person's 19th birthday or on the person's date of 15.14 discharge from the jurisdiction of the juvenile court, whichever 15.15 occurs first. However, if the person described in this 15.16 paragraph is convicted after becoming 19 years old and after 15.17 discharge from the jurisdiction of the juvenile court, the 15.18 person's sentence begins upon imposition by the sentencing court. 15.19 Sec. 20. Minnesota Statutes 1994, section 609.487, is 15.20 amended by adding a subdivision to read: 15.21 Subd. 5. [SUSPENSION; FLEEING PEACE OFFICER OFFENSE.] When 15.22 a person is charged with operating a motor vehicle in violation 15.23 of subdivision 3 or 4, or any ordinance in conformity with those 15.24 subdivisions, the court shall notify the commissioner of public 15.25 safety and order the commissioner to suspend the driver's 15.26 license of the person for all vehicle classes. 15.27 Sec. 21. Minnesota Statutes 1994, section 609.487, is 15.28 amended by adding a subdivision to read: 15.29 Subd. 6. [REVOCATION; FLEEING PEACE OFFICER OFFENSE.] When 15.30 a person is convicted of operating a motor vehicle in violation 15.31 of subdivision 3 or 4, or an ordinance in conformity with those 15.32 subdivisions, the court shall notify the commissioner of public 15.33 safety and order the commissioner to revoke the driver's license 15.34 of the person. 15.35 Sec. 22. Minnesota Statutes 1995 Supplement, section 15.36 609.52, subdivision 1, is amended to read: 16.1 Subdivision 1. [DEFINITIONS.] In this section: 16.2 (1) "Property" means all forms of tangible property, 16.3 whether real or personal, without limitation including documents 16.4 of value, electricity, gas, water, corpses, domestic animals, 16.5 dogs, pets, fowl, and heat supplied by pipe or conduit by 16.6 municipalities or public utility companies and articles, as 16.7 defined in clause (4), representing trade secrets, which 16.8 articles shall be deemed for the purposes of Extra Session Laws 16.9 1967, chapter 15 to include any trade secret represented by the 16.10 article. 16.11 (2) "Movable property" is property whose physical location 16.12 can be changed, including without limitation things growing on, 16.13 affixed to, or found in land. 16.14 (3) "Value" means the retail market value at the time of 16.15 the theft, or if the retail market value cannot be ascertained, 16.16 the cost of replacement of the property within a reasonable time 16.17 after the theft, or in the case of a theft or the making of a 16.18 copy of an article representing a trade secret, where the retail 16.19 market value or replacement cost cannot be ascertained, any 16.20 reasonable value representing the damage to the owner which the 16.21 owner has suffered by reason of losing an advantage over those 16.22 who do not know of or use the trade secret. For a check, draft, 16.23 or other order for the payment of money, "value" means the 16.24 amount of money promised or ordered to be paid under the terms 16.25 of the check, draft, or other order. For a theft committed 16.26 within the meaning of subdivision 2, clause (5), (a) and (b), if 16.27 the property has been restored to the owner, "value" means the 16.28 value of the use of the property or the damage which it 16.29 sustained, whichever is greater, while the owner was deprived of 16.30 its possession, but not exceeding the value otherwise provided 16.31 herein. 16.32 (4) "Article" means any object, material, device or 16.33 substance, including any writing, record, recording, drawing, 16.34 sample specimen, prototype, model, photograph, microorganism, 16.35 blueprint or map, or any copy of any of the foregoing. 16.36 (5) "Representing" means describing, depicting, containing, 17.1 constituting, reflecting or recording. 17.2 (6) "Trade secret" means information, including a formula, 17.3 pattern, compilation, program, device, method, technique, or 17.4 process, that: 17.5 (i) derives independent economic value, actual or 17.6 potential, from not being generally known to, and not being 17.7 readily ascertainable by proper means by, other persons who can 17.8 obtain economic value from its disclosure or use, and 17.9 (ii) is the subject of efforts that are reasonable under 17.10 the circumstances to maintain its secrecy. 17.11 (7) "Copy" means any facsimile, replica, photograph or 17.12 other reproduction of an article, and any note, drawing, or 17.13 sketch made of or from an article while in the presence of the 17.14 article. 17.15 (8) "Property of another" includes property in which the 17.16 actor is coowner or has a lien, pledge, bailment, or lease or 17.17 other subordinate interest, property transferred by the actor in 17.18 circumstances which are known to the actor and which make the 17.19 transfer fraudulent as defined in section 513.44, and property 17.20 of a partnership of which the actor is a member, unless the 17.21 actor and the victim are husband and wife. It does not include 17.22 property in which the actor asserts in good faith a claim as a 17.23 collection fee or commission out of property or funds recovered, 17.24 or by virtue of a lien, setoff, or counterclaim. 17.25 (9) "Services" include but are not limited to labor, 17.26 professional services, transportation services, electronic 17.27 computer services, the supplying of hotel accommodations, 17.28 restaurant services, entertainment services, advertising 17.29 services, telecommunication services, and the supplying of 17.30 equipment for use. 17.31 (10) "Motor vehicle" means a self-propelled device for 17.32 moving persons or property or pulling implements from one place 17.33 to another, whether the device is operated on land, rails, 17.34 water, or in the air. 17.35 Sec. 23. Minnesota Statutes 1994, section 609.583, is 17.36 amended to read: 18.1 609.583 [SENTENCING; FIRST BURGLARY OF A DWELLING.] 18.2 Except as provided in section 609.582, subdivision 1a, in 18.3 determining an appropriate disposition for a first offense of 18.4 burglary of a dwelling, the court shall presume that a stay of 18.5 execution with at least a 90-day period of incarceration as a 18.6 condition of probation shall be imposed unless the defendant's 18.7 criminal history score determined according to the sentencing 18.8 guidelines indicates a presumptive executed sentence, in which 18.9 case the presumptive executed sentence shall be imposed unless 18.10 the court departs from the sentencing guidelines pursuant to 18.11 section 244.10. A stay of imposition of sentence may be granted 18.12 only if accompanied by a statement on the record of the reasons 18.13 for it. The presumptive period of incarceration may be waived 18.14 in whole or in part by the court if the defendant provides 18.15 restitution or performs community work service. 18.16 Sec. 24. [609.586] [POSSESSION OF CODE GRABBING DEVICES; 18.17 PENALTY.] 18.18 Subdivision 1. [DEFINITION.] As used in this section, 18.19 "code grabbing device" means a device that can receive and 18.20 record the coded signal sent by the transmitter of a security or 18.21 other electronic system and can play back the signal to disarm 18.22 or operate that system. 18.23 Subd. 2. [CRIME.] Whoever possesses a code grabbing device 18.24 with intent to use the device to commit an unlawful act may be 18.25 sentenced to imprisonment for not more than three years or to 18.26 payment of a fine of not more than $5,000, or both. 18.27 Sec. 25. Minnesota Statutes 1994, section 609.596, is 18.28 amended to read: 18.29 609.596 [KILLING OR HARMING A POLICE DOG.] 18.30 Subdivision 1. [FELONY.] Whoever intentionally and without 18.31 justification causes the death of a police dog when the dog is 18.32 involved in law enforcement or correctional investigation or 18.33 apprehension, or the dog is in the custody of or under the 18.34 control of a peace officer, as defined in section 626.84, 18.35 subdivision 1, paragraph (c), or an employee of a correctional 18.36 facility, as defined in section 241.021, subdivision 1, clause 19.1 (5), is guilty of a felony and may be sentenced to imprisonment 19.2 for not more than two years or to payment of a fine of not more 19.3 than$4,000$5,000, or both. In lieu of a fine, the court may 19.4 order a defendant convicted under this subdivision to pay 19.5 restitution to the affected agency to replace the police dog, in 19.6 an amount not to exceed $5,000. 19.7 Subd. 2. [GROSS MISDEMEANOR.] Whoever intentionally and 19.8 without justification causes substantial or great bodily harm to 19.9 a police dog when the dog is involved in law enforcement or 19.10 correctional investigation or apprehension, or the dog is in the 19.11 custody of or under the control of a peace officer or an 19.12 employee of a correctional facility, as defined in section 19.13 241.021, subdivision 1, clause (5), is guilty of a gross 19.14 misdemeanor. 19.15 Sec. 26. Minnesota Statutes 1995 Supplement, section 19.16 617.23, is amended to read: 19.17 617.23 [INDECENT EXPOSURE; PENALTIES.] 19.18 (a) A person is guilty of a misdemeanor who in any public 19.19 place, or in any place where others are present: 19.20 (1) willfully and lewdly exposes the person's body, or the 19.21 private parts thereof; 19.22 (2) procures another to expose private parts; or 19.23 (3) engages in any open or gross lewdness or lascivious 19.24 behavior, or any public indecency other than behavior specified 19.25 in clause (1) or (2) or this clause. 19.26 (b) A person is guilty of a gross misdemeanor if: 19.27 (1) the person violates this section in the presence of a 19.28 minor under the age of 16; or 19.29 (2) the person violates this section after having been 19.30 previously convicted of violating this section, sections 609.342 19.31 to 609.3451, or a statute from another state in conformity with 19.32 any of those sections. 19.33 (c) A person is guilty of a felony and may be sentenced to 19.34 imprisonment for not more than five years or to payment of a 19.35 fine of not more than $10,000, or both, if the person violates 19.36 this section in the presence of a minor under the age of 16 20.1 after having been previously convicted of violating this 20.2 section, or a statute from another state in conformity with this 20.3 section, in the presence of a minor under the age of 16. 20.4 Sec. 27. [REPEALER.] 20.5 Minnesota Statutes 1994, section 609.495, subdivision 2, is 20.6 repealed. 20.7 Sec. 28. [EFFECTIVE DATE.] 20.8 Sections 1 to 8 are effective August 1, 1996, and apply to 20.9 demands for proof of insurance made on or after that date. 20.10 Section 11 is effective August 1, 1996, and applies to 20.11 persons who are released from prison on or after that date, or 20.12 who are under supervision as of that date, or who enter this 20.13 state on or after that date. 20.14 Sections 9, 10, 12 to 22, and 24 to 26 are effective August 20.15 1, 1996, and apply to offenses committed on or after that date. 20.16 Section 23 is effective August 1, 1996. 20.17 ARTICLE 2 20.18 FIREARMS 20.19 Section 1. Minnesota Statutes 1995 Supplement, section 20.20 518B.01, subdivision 14, is amended to read: 20.21 Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 20.22 Whenever an order for protection is granted pursuant to this 20.23 section, and the respondent or person to be restrained knows of 20.24 the order, violation of the order for protection is a 20.25 misdemeanor. Upon conviction, the defendant must be sentenced 20.26 to a minimum of three days imprisonment and must be ordered to 20.27 participate in counseling or other appropriate programs selected 20.28 by the court. If the court stays imposition or execution of the 20.29 jail sentence and the defendant refuses or fails to comply with 20.30 the court's treatment order, the court must impose and execute 20.31 the stayed jail sentence. A person is guilty of a gross 20.32 misdemeanor who violates this paragraph during the time period 20.33 between a previous conviction under this paragraph; sections 20.34 609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 20.35 609.748, subdivision 6; 609.749; or a similar law of another 20.36 state and the end of the five years following discharge from 21.1 sentence for that conviction. Upon conviction, the defendant 21.2 must be sentenced to a minimum of ten days imprisonment and must 21.3 be ordered to participate in counseling or other appropriate 21.4 programs selected by the court. Notwithstanding section 21.5 609.135, the court must impose and execute the minimum sentence 21.6 provided in this paragraph for gross misdemeanor convictions. 21.7 (b) A peace officer shall arrest without a warrant and take 21.8 into custody a person whom the peace officer has probable cause 21.9 to believe has violated an order granted pursuant to this 21.10 section restraining the person or excluding the person from the 21.11 residence or the petitioner's place of employment, even if the 21.12 violation of the order did not take place in the presence of the 21.13 peace officer, if the existence of the order can be verified by 21.14 the officer. The person shall be held in custody for at least 21.15 36 hours, excluding the day of arrest, Sundays, and holidays, 21.16 unless the person is released earlier by a judge or judicial 21.17 officer. A peace officer acting in good faith and exercising 21.18 due care in making an arrest pursuant to this paragraph is 21.19 immune from civil liability that might result from the officer's 21.20 actions. 21.21 (c) A violation of an order for protection shall also 21.22 constitute contempt of court and be subject to the penalties 21.23 therefor. 21.24 (d) If the court finds that the respondent has violated an 21.25 order for protection and that there is reason to believe that 21.26 the respondent will commit a further violation of the provisions 21.27 of the order restraining the respondent from committing acts of 21.28 domestic abuse or excluding the respondent from the petitioner's 21.29 residence, the court may require the respondent to acknowledge 21.30 an obligation to comply with the order on the record. The court 21.31 may require a bond sufficient to deter the respondent from 21.32 committing further violations of the order for protection, 21.33 considering the financial resources of the respondent, and not 21.34 to exceed $10,000. If the respondent refuses to comply with an 21.35 order to acknowledge the obligation or post a bond under this 21.36 paragraph, the court shall commit the respondent to the county 22.1 jail during the term of the order for protection or until the 22.2 respondent complies with the order under this paragraph. The 22.3 warrant must state the cause of commitment, with the sum and 22.4 time for which any bond is required. If an order is issued 22.5 under this paragraph, the court may order the costs of the 22.6 contempt action, or any part of them, to be paid by the 22.7 respondent. An order under this paragraph is appealable. 22.8 (e) Upon the filing of an affidavit by the petitioner, any 22.9 peace officer, or an interested party designated by the court, 22.10 alleging that the respondent has violated any order for 22.11 protection granted pursuant to this section, the court may issue 22.12 an order to the respondent, requiring the respondent to appear 22.13 and show cause within 14 days why the respondent should not be 22.14 found in contempt of court and punished therefor. The hearing 22.15 may be held by the court in any county in which the petitioner 22.16 or respondent temporarily or permanently resides at the time of 22.17 the alleged violation. The court also shall refer the violation 22.18 of the order for protection to the appropriate prosecuting 22.19 authority for possible prosecution under paragraph (a). 22.20 (f) If it is alleged that the respondent has violated an 22.21 order for protection issued under subdivision 6 and the court 22.22 finds that the order has expired between the time of the alleged 22.23 violation and the court's hearing on the violation, the court 22.24 may grant a new order for protection under subdivision 6 based 22.25 solely on the respondent's alleged violation of the prior order, 22.26 to be effective until the hearing on the alleged violation of 22.27 the prior order. If the court finds that the respondent has 22.28 violated the prior order, the relief granted in the new order 22.29 for protection shall be extended for a fixed period, not to 22.30 exceed one year, except when the court determines a longer fixed 22.31 period is appropriate. 22.32 (g) The admittance into petitioner's dwelling of an abusing 22.33 party excluded from the dwelling under an order for protection 22.34 is not a violation by the petitioner of the order for protection. 22.35 A peace officer is not liable under section 609.43, clause 22.36 (1), for a failure to perform a duty required by paragraph (b). 23.1 (h) When a person is convicted of violating an order for 23.2 protection under this section and the court determines that the 23.3 person used a firearm in any way during commission of the 23.4 violation, the court may order that the person is prohibited 23.5 from possessing any type of firearm for any period longer than 23.6 three years or for the remainder of the person's life. A person 23.7 who violates this paragraph is guilty of a gross misdemeanor. 23.8 At the time of the conviction, the court shall inform the 23.9 defendant whether and for how long the defendant is prohibited 23.10 from possessing a firearm and that it is a gross misdemeanor to 23.11 violate this paragraph. The failure of the court to provide 23.12 this information to a defendant does not affect the 23.13 applicability of the firearm possession prohibition or the gross 23.14 misdemeanor penalty to that defendant. 23.15 (i) Except as otherwise provided in paragraph (h), when a 23.16 person is convicted of violating an order for protection under 23.17 this section, the court shall inform the defendant that the 23.18 defendant is prohibited from possessing a pistol for three years 23.19 from the date of conviction and that it is a gross misdemeanor 23.20 offense to violate this prohibition. The failure of the court 23.21 to provide this information to a defendant does not affect the 23.22 applicability of the pistol possession prohibition or the gross 23.23 misdemeanor penalty to that defendant. 23.24 (j) Except as otherwise provided in paragraph (h), a person 23.25 is not entitled to possess a pistol if the person has been 23.26 convicted after August 1, 1996, of violating an order for 23.27 protection under this section, unless three years have elapsed 23.28 from the date of conviction and, during that time, the person 23.29 has not been convicted of any other violation of this section. 23.30 Property rights may not be abated but access may be restricted 23.31 by the courts. A person who possesses a pistol in violation of 23.32 this paragraph is guilty of a gross misdemeanor. 23.33 (k) If the court determines that a person convicted of 23.34 violating an order for protection under this section owns or 23.35 possesses a firearm and used it in any way during the commission 23.36 of the violation, it shall order that the firearm be summarily 24.1 forfeited under section 609.5316, subdivision 3. 24.2 Sec. 2. Minnesota Statutes 1994, section 609.035, 24.3 subdivision 1, is amended to read: 24.4 Subdivision 1. Except as provided in subdivision 2, 24.5 subdivision 3, and in sections 609.251, 609.585, 609.21, 24.6 subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856, 24.7 if a person's conduct constitutes more than one offense under 24.8 the laws of this state, the person may be punished for only one 24.9 of the offenses and a conviction or acquittal of any one of them 24.10 is a bar to prosecution for any other of them. All the 24.11 offenses, if prosecuted, shall be included in one prosecution 24.12 which shall be stated in separate counts. 24.13 Sec. 3. Minnesota Statutes 1994, section 609.035, is 24.14 amended by adding a subdivision to read: 24.15 Subd. 3. [EXCEPTION; FIREARMS OFFENSES.] Notwithstanding 24.16 section 609.04, a prosecution for or conviction of a violation 24.17 of section 609.165, 624.713, subdivision 1, clause (a) or (b), 24.18 or 624.714, subdivision 1, is not a bar to conviction of or 24.19 punishment for any other crime committed by the defendant as 24.20 part of the same conduct. Imposition of a sentence, whether 24.21 executed or stayed, for a violation of section 609.165, 624.713, 24.22 subdivision 1, clause (a) or (b), or 624.714, subdivision 1, 24.23 that is consecutive to a sentence imposed for another crime does 24.24 not constitute a departure from the sentencing guidelines. 24.25 Sec. 4. Minnesota Statutes 1994, section 609.11, 24.26 subdivision 9, is amended to read: 24.27 Subd. 9. [APPLICABLE OFFENSES.] The crimes for which 24.28 mandatory minimum sentences shall be served as provided in this 24.29 section are: murder in the first, second, or third degree; 24.30 assault in the first, second, or third degree; burglary; 24.31 kidnapping; false imprisonment; manslaughter in the first or 24.32 second degree; aggravated robbery; simple robbery; criminal 24.33 sexual conduct under the circumstances described in sections 24.34 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 24.35 1, clauses (a) to (f); and 609.344, subdivision 1, clauses (a) 24.36 to (e) and (h) to (j); escape from custody; arson in the first, 25.1 second, or third degree; drive-by shooting under section 609.66, 25.2 subdivision 1e; possession or other unlawful use of a firearm in 25.3 violation of section 609.165, subdivision 1b, or 624.713, 25.4 subdivision 1, clause (a) or (b), a felony violation of chapter 25.5 152; or any attempt to commit any of these offenses. 25.6 Sec. 5. Minnesota Statutes 1995 Supplement, section 25.7 609.152, subdivision 1, is amended to read: 25.8 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 25.9 the following terms have the meanings given. 25.10 (b) "Conviction" means any of the following accepted and 25.11 recorded by the court: a plea of guilty, a verdict of guilty by 25.12 a jury, or a finding of guilty by the court. The term includes 25.13 a conviction by any court in Minnesota or another jurisdiction. 25.14 (c) "Prior conviction" means a conviction that occurred 25.15 before the offender committed the next felony resulting in a 25.16 conviction and before the offense for which the offender is 25.17 being sentenced under this section. 25.18 (d) "Violent crime" means a violation of or an attempt or 25.19 conspiracy to violate any of the following laws of this state or 25.20 any similar laws of the United States or any other state: 25.21 section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 25.22 609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 25.23 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 25.24 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 25.25 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 25.26 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 25.27 609.687; 609.855, subdivision 5; any provision of sections 25.28 609.229; 609.377; 609.378;and609.749; and 624.713 that is 25.29 punishable by a felony penalty; or any provision of chapter 152 25.30 that is punishable by a maximum sentence of 15 years or more. 25.31 Sec. 6. Minnesota Statutes 1994, section 609.165, 25.32 subdivision 1a, is amended to read: 25.33 Subd. 1a. [CERTAIN CONVICTED FELONS INELIGIBLE TO POSSESS 25.34 FIREARMS.] The order of discharge must provide that a person who 25.35 has been convicted of a crime of violence, as defined in section 25.36 624.712, subdivision 5, is not entitled to ship, transport, 26.1 possess, or receive: (1) a pistol or semiautomatic 26.2 military-style assault weapon for the remainder of the person's 26.3 lifetime; or (2) any other type of firearm until ten years have 26.4 elapsed since the person was restored to civil rights and during 26.5 that time the person was not convicted of any other crime of 26.6 violence. Any person who has received such a discharge and who 26.7 thereafter has received a relief of disability under United 26.8 States Code, title 18, section 925, shall not be subject to the 26.9 restrictions of this subdivision. 26.10 Sec. 7. Minnesota Statutes 1994, section 609.165, 26.11 subdivision 1b, is amended to read: 26.12 Subd. 1b. [VIOLATION AND PENALTY.] (a) Any person who has 26.13 been convicted of a crime of violence, as defined in section 26.14 624.712, subdivision 5, and who ships, transports, possesses, or 26.15 receives a pistol or semiautomatic military-style assault weapon 26.16 at any time, or who ships, transports, possesses, or receives 26.17 any other type of firearmin violation of subdivision 1abefore 26.18 ten years have elapsed since the person was restored to civil 26.19 rights, commits a felony and may be sentenced to imprisonment 26.20 for not more thanthree20 years or to payment of a fine of not 26.21 more than$6,000$35,000, or both. 26.22 (b) Nothing in this section shall be construed to bar a 26.23 conviction and sentencing for a violation of section 624.713, 26.24 subdivision1, clause (b)2. 26.25 Sec. 8. Minnesota Statutes 1995 Supplement, section 26.26 609.2242, subdivision 2, is amended to read: 26.27 Subd. 2. [GROSS MISDEMEANOR.] Whoever violates subdivision 26.28 1: 26.29 (1) during the time period between a previous conviction 26.30 under this section or sections 609.221 to 609.2231, 609.224, 26.31 609.342 to 609.345, or 609.713 against a family or household 26.32 member as defined in section 518B.01, subdivision 2, and the end 26.33 of the five years following discharge from sentence for that 26.34 conviction; or 26.35 (2) knowing or having reason to know that a child under 18 26.36 years of age is present and likely to witness the violation, 27.1 is guilty of a gross misdemeanor and may be sentenced to 27.2 imprisonment for not more than one year or to payment of a fine 27.3 of not more than $3,000, or both. 27.4 Sec. 9. [609.2243] [DOMESTIC ABUSE ASSESSMENTS.] 27.5 Subdivision 1. [DOMESTIC ABUSE ASSESSMENT.] A domestic 27.6 abuse assessment must be conducted and an assessment report 27.7 submitted to the court by the county agency responsible for 27.8 administering the assessment when: 27.9 (1) a defendant is convicted of an offense described in 27.10 section 518B.01, subdivision 2; or 27.11 (2) a defendant is arrested for committing an offense 27.12 described in section 518B.01, subdivision 2, but is convicted of 27.13 another offense arising out of the same circumstances 27.14 surrounding the arrest. 27.15 Subd. 2. [REPORT.] (a) The assessment report must contain 27.16 an evaluation of the convicted defendant including the 27.17 circumstances of the offense, impact on the victim, the 27.18 defendant's prior record, characteristics and history of alcohol 27.19 and chemical use problems, and amenability to domestic abuse 27.20 counseling programs. The report is classified as private data 27.21 on individuals as defined in section 13.02, subdivision 12. 27.22 (b) The assessment report must include: 27.23 (1) a recommendation on any limitations on contact with the 27.24 victim; 27.25 (2) a recommendation for the defendant to enter and 27.26 successfully complete domestic abuse counseling and any 27.27 aftercare found necessary by the assessment; 27.28 (3) a recommendation for chemical dependency evaluation and 27.29 treatment as determined by the evaluation whenever alcohol or 27.30 drugs were found to be a contributing factor to the offense; 27.31 (4) recommendations for other appropriate remedial action 27.32 or care, which may consist of educational programs, one-on-one 27.33 counseling, a program or type of treatment that addresses mental 27.34 health concerns, or a specific explanation why no level of care 27.35 or action is recommended; and 27.36 (5) consequences for failure to abide by conditions set up 28.1 by the court. 28.2 Subd. 3. [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME 28.3 LIMITS.] A domestic abuse assessment required by this section 28.4 must be conducted by an assessor approved by the court, the 28.5 local corrections department, or the commissioner of 28.6 corrections. The assessor shall have access to any police 28.7 reports, or other law enforcement data relating to the current 28.8 offense or previous offenses that are necessary to complete the 28.9 evaluation. An assessor providing an assessment under this 28.10 section may not have any direct or shared financial interest or 28.11 referral relationship resulting in shared financial gain with a 28.12 treatment provider. An appointment for the defendant to undergo 28.13 the assessment shall be made by the court, a court services 28.14 probation officer, or court administrator as soon as possible 28.15 but in no case more than one week after the defendant's court 28.16 appearance. The assessment must be completed no later than 28.17 three weeks after the defendant's court date. 28.18 Subd. 4. [DOMESTIC ABUSE ASSESSMENT FEE.] When the court 28.19 sentences a person convicted of an offense described in section 28.20 518B.01, subdivision 2, the court shall impose a domestic abuse 28.21 assessment fee of $125. This fee must be imposed whether the 28.22 sentence is executed, stayed, or suspended. The court may not 28.23 waive payment or authorize payment of the fee in installments 28.24 unless it makes written findings on the record that the 28.25 convicted person is indigent or that the fee would create undue 28.26 hardship for the convicted person or that person's immediate 28.27 family. The person convicted of the offense and ordered to pay 28.28 the fee shall pay the fee to the county corrections department 28.29 or other designated agencies conducting the assessment. 28.30 Sec. 10. Minnesota Statutes 1994, section 609.5316, 28.31 subdivision 3, is amended to read: 28.32 Subd. 3. [WEAPONS AND BULLET-RESISTANT VESTS.] Weapons 28.33 used are contraband and must be summarily forfeited to the 28.34 appropriate agency upon conviction of the weapon's owner or 28.35 possessor for a controlled substance crimeor; for any offense 28.36 of this chapter or chapter 624, or for a violation of an order 29.1 for protection under section 518B.01, subdivision 14. 29.2 Bullet-resistant vests, as defined in section 609.486, worn or 29.3 possessed during the commission or attempted commission of a 29.4 crime are contraband and must be summarily forfeited to the 29.5 appropriate agency upon conviction of the owner or possessor for 29.6 a controlled substance crime or for any offense of this 29.7 chapter. Notwithstanding this subdivision, weapons used and 29.8 bullet-resistant vests worn or possessed may be forfeited 29.9 without a conviction under sections 609.531 to 609.5315. 29.10 Sec. 11. Minnesota Statutes 1994, section 609.66, 29.11 subdivision 1a, is amended to read: 29.12 Subd. 1a. [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS 29.13 DISCHARGE.] (a) Whoever does any of the following is guilty of a 29.14 felony and may be sentenced as provided in paragraph (b): 29.15 (1) sells or has in possession any device designed to 29.16 silence or muffle the discharge of a firearm; 29.17 (2) intentionally discharges a firearm under circumstances 29.18 that endanger the safety of another; or 29.19 (3) recklessly discharges a firearm within a municipality. 29.20 (b) A person convicted under paragraph (a) may be sentenced 29.21 as follows: 29.22 (1) if the act was a violation of paragraph (a), clause 29.23 (2), or if the act was a violation of paragraph (a), clause (1) 29.24 or (3) and was committed in a public housing zone, as defined in 29.25 section 152.01, subdivision 19, a school zone, as defined in 29.26 section 152.01, subdivision 14a, or a park zone, as defined in 29.27 section 152.01, subdivision 12a, to imprisonment for not more 29.28 than five years or to payment of a fine of not more than 29.29 $10,000, or both; or 29.30 (2) otherwise, to imprisonment for not more than two years 29.31 or to payment of a fine of not more than $5,000, or both. 29.32 Sec. 12. Minnesota Statutes 1994, section 609.66, 29.33 subdivision 2, is amended to read: 29.34 Subd. 2. [EXCEPTIONS.] Nothing in this section prohibits 29.35 the possession of the articles mentioned by museums or 29.36 collectors of art or for other lawful purposes of public 30.1 exhibition. Nothing in this section prohibits the possession of 30.2 devices designed to silence or muffle the discharge of a firearm 30.3 by law enforcement officers in the course of their official 30.4 duties, or by any other person complying with the requirements 30.5 of United States Code, title 18, sections 921 to 930. 30.6 Sec. 13. Minnesota Statutes 1994, section 609.666, 30.7 subdivision 1, is amended to read: 30.8 Subdivision 1. [DEFINITIONS.] For purposes of this 30.9 section, the following words have the meanings given. 30.10 (a) "Firearm" means a device designed to be used as a 30.11 weapon, from which is expelled a projectile by the force of any 30.12 explosion or force of combustion. 30.13 (b) "Child" means a person under the age of1418 years. 30.14 (c) "Loaded" means the firearm has ammunition in the 30.15 chamber or magazine, if the magazine is in the firearm, unless 30.16 the firearm is incapable of being fired by a child who is likely 30.17 to gain access to the firearm. 30.18 Sec. 14. Minnesota Statutes 1994, section 609.666, is 30.19 amended by adding a subdivision to read: 30.20 Subd. 4. [NO ADMINISTRATIVE SEARCH.] Nothing in this 30.21 section or other law authorizes a government agency or official, 30.22 or a person authorized to act on behalf of a government agency 30.23 or official, to conduct an administrative search of a location 30.24 without a warrant to determine whether a person is complying 30.25 with this section. 30.26 Sec. 15. Minnesota Statutes 1994, section 609.749, is 30.27 amended by adding a subdivision to read: 30.28 Subd. 8. [STALKING; FIREARMS.] (a) When a person is 30.29 convicted of a harassment or stalking crime under this section 30.30 and the court determines that the person used a firearm in any 30.31 way during commission of the crime, the court may order that the 30.32 person is prohibited from possessing any type of firearm for any 30.33 period longer than three years or for the remainder of the 30.34 person's life. A person who violates this paragraph is guilty 30.35 of a gross misdemeanor. At the time of the conviction, the 30.36 court shall inform the defendant whether and for how long the 31.1 defendant is prohibited from possessing a firearm and that it is 31.2 a gross misdemeanor to violate this paragraph. The failure of 31.3 the court to provide this information to a defendant does not 31.4 affect the applicability of the firearm possession prohibition 31.5 or the gross misdemeanor penalty to that defendant. 31.6 (b) Except as otherwise provided in paragraph (a), when a 31.7 person is convicted of a stalking or harassment crime under this 31.8 section, the court shall inform the defendant that the defendant 31.9 is prohibited from possessing a pistol for three years from the 31.10 date of conviction and that it is a gross misdemeanor offense to 31.11 violate this prohibition. The failure of the court to provide 31.12 this information to a defendant does not affect the 31.13 applicability of the pistol possession prohibition or the gross 31.14 misdemeanor penalty to that defendant. 31.15 (c) Except as otherwise provided in paragraph (a), a person 31.16 is not entitled to possess a pistol if the person has been 31.17 convicted after August 1, 1996, of a stalking or harassment 31.18 crime under this section, unless three years have elapsed from 31.19 the date of conviction and, during that time, the person has not 31.20 been convicted of any other violation of this section. Property 31.21 rights may not be abated but access may be restricted by the 31.22 courts. A person who possesses a pistol in violation of this 31.23 paragraph is guilty of a gross misdemeanor. 31.24 (d) If the court determines that a person convicted of a 31.25 stalking or harassment crime under this section owns or 31.26 possesses a firearm and used it in any way during the commission 31.27 of the crime, it shall order that the firearm be summarily 31.28 forfeited under section 609.5316, subdivision 3. 31.29 Sec. 16. Minnesota Statutes 1994, section 609.855, 31.30 subdivision 5, is amended to read: 31.31 Subd. 5. [SHOOTING AT OR IN PUBLIC TRANSIT VEHICLE OR 31.32 FACILITY.] Whoever recklessly discharges a firearm at or in any 31.33 portion of a public transit vehicle or facility is guilty of a 31.34 felony and may be sentenced to imprisonment for not more than 31.35 three years or to payment of a fine of not more than $6,000, or 31.36 both. If the transit vehicle or facility is occupied by any 32.1 person other than the offender, the person may be sentenced to 32.2 imprisonment for not more than five years or to payment of a 32.3 fine of not more than $10,000, or both. 32.4 Sec. 17. Minnesota Statutes 1995 Supplement, section 32.5 624.712, subdivision 5, is amended to read: 32.6 Subd. 5. [CRIME OF VIOLENCE.] "Crime of violence" includes 32.7 murder in the first, second, and third degrees, manslaughter in 32.8 the first and second degrees, aiding suicide, aiding attempted 32.9 suicide, felony violations of assault in the first, second, 32.10 third, and fourth degrees, assaults motivated by bias under 32.11 section 609.2231, subdivision 4, drive by shootings, terroristic 32.12 threats, use of drugs to injure or to facilitate crime, crimes 32.13 committed for the benefit of a gang, commission of a crime while 32.14 wearing or possessing a bullet-resistant vest, simple robbery, 32.15 aggravated robbery, kidnapping, false imprisonment, criminal 32.16 sexual conduct in the first, second, third, and fourth degrees, 32.17 theft of a firearm, felony theft involving the intentional 32.18 taking or driving of a motor vehicle without the consent of the 32.19 owner or the authorized agent of the owner, felony theft 32.20 involving the taking of property from a burning, abandoned, or 32.21 vacant building, or from an area of destruction caused by civil 32.22 disaster, riot, bombing, or the proximity of battle, felony 32.23 theft involving the theft of a controlled substance, an 32.24 explosive, or an incendiary device, arson in the first and 32.25 second degrees, riot, burglary in the first, second, third, and 32.26 fourth degrees, harassment and stalking, shooting at a public 32.27 transit vehicle or facility, reckless use of a gun or dangerous 32.28 weapon, intentionally pointing a gun at or towards a human 32.29 being, setting a spring gun, and unlawfully owning, possessing, 32.30 operating a machine gun or short-barreled shotgun, and an 32.31 attempt to commit any of these offenses, as each of those 32.32 offenses is defined in chapter 609. "Crime of violence" also 32.33 includes felony violations of the following: malicious 32.34 punishment of a child; neglect or endangerment of a child; and 32.35 chapter 152. 32.36 Sec. 18. Minnesota Statutes 1994, section 624.713, 33.1 subdivision 2, is amended to read: 33.2 Subd. 2. [PENALTIES.] A person named in subdivision 1, 33.3 clause (a)or (b), who possesses a pistol or semiautomatic 33.4 military-style assault weapon is guilty of a felony and may be 33.5 sentenced to imprisonment for not more than five years or to 33.6 payment of a fine of not more than $10,000, or both. A person 33.7 named in subdivision 1, clause (b), who possesses any type of 33.8 firearm is guilty of a felony and may be sentenced to 33.9 imprisonment for not more than 20 years or to payment of a fine 33.10 of not more than $35,000, or both. A person named in any other 33.11 clause of subdivision 1 who possessesa pistol or semiautomatic33.12military-style assault weaponany type of firearm is guilty of a 33.13 gross misdemeanor. 33.14 Sec. 19. Minnesota Statutes 1994, section 624.7132, 33.15 subdivision 8, is amended to read: 33.16 Subd. 8. [REPORT NOT REQUIRED.] If the proposed transferee 33.17 presents a valid transferee permit issued under section 624.7131 33.18 or a valid permit to carry issued under section 624.714,or if33.19the transferee is a licensed peace officer, as defined in33.20section 626.84, subdivision 1the transferor need not file a 33.21 transfer report. 33.22 Sec. 20. Minnesota Statutes 1994, section 624.714, 33.23 subdivision 1, is amended to read: 33.24 Subdivision 1. [PENALTY.] (a) A person, other than a law 33.25 enforcement officer who has authority to make arrests other than 33.26 citizens arrests, who carries, holds, or possesses a pistol in a 33.27 motor vehicle, snowmobile or boat, or on or about the person's 33.28 clothes or the person, or otherwise in possession or control in 33.29 a public place or public area without first having obtained a 33.30 permit to carry the pistol is guilty of agross misdemeanor. A33.31person who is convicted a second or subsequent time is guilty of33.32afelony and may be sentenced to imprisonment for not more than 33.33 five years or to payment of a fine of not more than $10,000, or 33.34 both. 33.35 (b) A person who has been issued a permit and who engages 33.36 in activities other than those for which the permit has been 34.1 issued, is guilty of a misdemeanor. 34.2 Sec. 21. Minnesota Statutes 1994, section 624.714, 34.3 subdivision 5, is amended to read: 34.4 Subd. 5. [GRANTING OF PERMITS.] No permit to carry shall 34.5 be granted to a person unless the applicant: 34.6(a)(1) is not a person prohibited by section 624.713 from 34.7 possessing a pistol; 34.8(b)(2) is not a person who has been convicted of violating 34.9 subdivision 1; 34.10 (3) provides a firearms safety certificate recognized by 34.11 the department of natural resources, evidence of successful 34.12 completion of a test of ability to use a firearm supervised by 34.13 the chief of police or sheriff or other satisfactory proof of 34.14 ability to use a pistol safely; and 34.15(c)(4) has an occupation or personal safety hazard 34.16 requiring a permit to carry. 34.17 Sec. 22. Minnesota Statutes 1994, section 624.7141, is 34.18 amended to read: 34.19 624.7141 [TRANSFER TO INELIGIBLE PERSON.] 34.20 Subdivision 1. [TRANSFER PROHIBITED.] Except as otherwise 34.21 provided in subdivision 2, a person is guilty of a gross 34.22 misdemeanor who intentionally transfers a pistol or 34.23 semiautomatic military-style assault weapon to another if the 34.24 person knows that the transferee: 34.25 (1) has been denied a permit to carry under section 624.714 34.26 because the transferee is not eligible under section 624.713 to 34.27 possess a pistol or semiautomatic military-style assault weapon; 34.28 (2) has been found ineligible to possess a pistol or 34.29 semiautomatic military-style assault weapon by a chief of police 34.30 or sheriff as a result of an application for a transferee permit 34.31 or a transfer report; or 34.32 (3) is disqualified under section 624.713 from possessing a 34.33 pistol or semiautomatic military-style assault weapon. 34.34 Subd. 2. [FELONY.] A violation of this section is a felony 34.35 if: 34.36 (1) the transferee is a minor; or 35.1 (2) the transferee possesses or uses the weapon within one 35.2 year after the transfer in furtherance of a felony crime of 35.3 violence. 35.4 Subd. 3. [SUBSEQUENT ELIGIBILITY.] This section is not 35.5 applicable to a transfer to a person who became eligible to 35.6 possess a pistol or semiautomatic military-style assault weapon 35.7 under section 624.713 after the transfer occurred but before the 35.8 transferee used or possessed the weapon in furtherance of any 35.9 crime. 35.10 Sec. 23. Minnesota Statutes 1994, section 638.02, 35.11 subdivision 2, is amended to read: 35.12 Subd. 2. Any person, convicted of a crime in any court of 35.13 this state, who has served the sentence imposed by the court and 35.14 has been discharged of the sentence either by order of court or 35.15 by operation of law, may petition the board of pardons for the 35.16 granting of a pardon extraordinary. Unless the board of pardons 35.17 expressly provides otherwise in writing by unanimous vote, the 35.18 application for a pardon extraordinary may not be filed until 35.19 the applicable time period in clause (1) or (2) has elapsed: 35.20 (1) if the person was convicted of a crime of violence as 35.21 defined in section 624.712, subdivision 5, ten years must have 35.22 elapsed since the sentence was discharged and during that time 35.23 the person must not have been convicted of any other crime; and 35.24 (2) if the person was convicted of any crime not included 35.25 within the definition of crime of violence under section 35.26 624.712, subdivision 5, five years must have elapsed since the 35.27 sentence was discharged and during that time the person must not 35.28 have been convicted of any other crime. 35.29 If the board of pardons determines that the person is of good 35.30 character and reputation, the board may, in its discretion, 35.31 grant the person a pardon extraordinary. The pardon 35.32 extraordinary, when granted, has the effect of setting aside and 35.33 nullifying the conviction and of purging the person of it, and 35.34 the person shall never after that be required to disclose the 35.35 conviction at any time or place other than in a judicial 35.36 proceeding or as part of the licensing process for peace 36.1 officers. 36.2 The application for a pardon extraordinary, the proceedings 36.3 to review an application, and the notice requirements are 36.4 governed by the statutes and the rules of the board in respect 36.5 to other proceedings before the board. The application shall 36.6 contain any further information that the board may require. 36.7 Unless the board of pardons expressly provides otherwise in 36.8 writing by unanimous vote, if the person was convicted of a 36.9 crime of violence, as defined in section 624.712, subdivision 5, 36.10 the pardon extraordinary must expressly provide that the pardon 36.11 does not entitle the person: (1) to ever ship, transport, 36.12 possess, or receive a pistol or semiautomatic military-style 36.13 assault weapon; or (2) to ship, transport, possess, or receive 36.14 any other type of firearm until ten years have elapsed since the 36.15 sentence was discharged and during that time the person was not 36.16 convicted of any other crime of violence. 36.17 Sec. 24. [EFFECTIVE DATE.] 36.18 Sections 1 to 23 are effective August 1, 1996, and apply to 36.19 offenses committed on or after that date. 36.20 ARTICLE 3 36.21 JUVENILES 36.22 Section 1. Minnesota Statutes 1995 Supplement, section 36.23 260.015, subdivision 21, is amended to read: 36.24 Subd. 21. [JUVENILE PETTY OFFENDER; JUVENILE PETTY 36.25 OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 36.26 alcohol offense, a juvenile controlled substance offense, a 36.27 violation of section 609.685, or a violation of a local 36.28 ordinance, which by its terms prohibits conduct by a child under 36.29 the age of 18 years which would be lawful conduct if committed 36.30 by an adult. 36.31 (b) Except as otherwise provided in paragraph 36.32 (c), "juvenile petty offense" also includes an offense, other36.33than a violation of section 609.224, 609.324, 609.563, 609.576,36.34or 617.23,that would be a misdemeanor if committed by an 36.35 adultif:36.36(1) the child has not been found to be a juvenile petty37.1offender on more than two prior occasions for a37.2misdemeanor-level offense;37.3(2) the child has not previously been found to be37.4delinquent for a misdemeanor, gross misdemeanor, or felony37.5offense; or37.6(3) the county attorney designates the child on the37.7petition as a juvenile petty offender, notwithstanding the37.8child's prior record of misdemeanor-level juvenile petty37.9offenses. 37.10 (c) "Juvenile petty offense" does not include any of the 37.11 following: 37.12 (1) a misdemeanor-level violation of section 588.20, 37.13 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23; 37.14 (2) a major traffic offense or an adult court traffic 37.15 offense, as described in section 260.193; 37.16 (3) a misdemeanor-level offense committed by a child whom 37.17 the juvenile court previously has found to have committed a 37.18 misdemeanor, gross misdemeanor, or felony offense; or 37.19 (4) a misdemeanor-level offense committed by a child whom 37.20 the juvenile court has found to have committed a 37.21 misdemeanor-level juvenile petty offense on two or more prior 37.22 occasions, unless the county attorney designates the child on 37.23 the petition as a juvenile petty offender notwithstanding this 37.24 prior record. As used in this clause, "misdemeanor-level 37.25 juvenile petty offense" includes a misdemeanor-level offense 37.26 that would have been a juvenile petty offense if it had been 37.27 committed on or after July 1, 1995. 37.28 (d) A child who commits a juvenile petty offense is a 37.29 "juvenile petty offender." 37.30 Sec. 2. Minnesota Statutes 1995 Supplement, section 37.31 260.132, subdivision 1, is amended to read: 37.32 Subdivision 1. [NOTICE.] When a peace officer,or 37.33attendance officer, in the case of a habitual truant, a peace 37.34 officer or an attendance officer has probable cause to believe 37.35 that a child: 37.36 (1) is in need of protection or services under section 38.1 260.015, subdivision 2a, clause (11) or (12); 38.2 (2) is a juvenile petty offender; or 38.3 (3) has committed a delinquent act that would be a petty 38.4 misdemeanor or misdemeanor if committed by an adult; 38.5 the officer may issue a notice to the child to appear in 38.6 juvenile court in the county in which the child is found or in 38.7 the county of the child's residence or, in the case of a 38.8 juvenile petty offense, or a petty misdemeanor or misdemeanor 38.9 delinquent act, the county in which the offense was committed. 38.10 If there is a school attendance review board or county attorney 38.11 mediation program operating in the child's school district, a 38.12 notice to appear in juvenile court for a habitual truant may not 38.13 be issued until the applicable procedures under section 260A.06 38.14 or 260A.07 have been exhausted. The officer shall file a copy 38.15 of the notice to appear with the juvenile court of the 38.16 appropriate county. If a child fails to appear in response to 38.17 the notice, the court may issue a summons notifying the child of 38.18 the nature of the offense alleged and the time and place set for 38.19 the hearing. If the peace officer finds it necessary to take 38.20 the child into custody, sections 260.165 and 260.171 shall apply. 38.21 Sec. 3. Minnesota Statutes 1995 Supplement, section 38.22 260.132, subdivision 3a, is amended to read: 38.23 Subd. 3a. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 38.24 as otherwise provided in section 260.155, subdivision 2, a child 38.25 alleged to be a juvenile petty offender may be represented by 38.26 counsel, but does not have a right to appointment of a public 38.27 defender or other counsel at public expense. 38.28 Sec. 4. Minnesota Statutes 1994, section 260.141, is 38.29 amended by adding a subdivision to read: 38.30 Subd. 1a. [NOTICE IN LIEU OF SUMMONS; PERSONAL 38.31 SERVICE.] The service of a summons or a notice in lieu of 38.32 summons shall be as provided in the rules of juvenile procedure. 38.33 Sec. 5. Minnesota Statutes 1994, section 260.145, is 38.34 amended to read: 38.35 260.145 [FAILURE TO OBEY SUMMONS OR SUBPOENA; CONTEMPT, 38.36 ARREST.] 39.1 If any person personally served with summons or subpoena 39.2 fails, without reasonable cause, to appear or bring the child, 39.3 or if the court has reason to believe the person is avoiding 39.4 personal service, or if any custodial parent or guardian fails, 39.5 without reasonable cause, to accompany the child to a hearing as 39.6 required under section 260.155, subdivision 4b, the person may 39.7 be proceeded against for contempt of court or the court may 39.8 issue a warrant for the person's arrest, or both. In any case 39.9 when it appears to the court that the service will be 39.10 ineffectual, or that the welfare of the child requires that the 39.11 child be brought forthwith into the custody of the court, the 39.12 court may issue a warrant for immediate custody of the child. 39.13 Sec. 6. Minnesota Statutes 1995 Supplement, section 39.14 260.155, subdivision 2, is amended to read: 39.15 Subd. 2. [APPOINTMENT OF COUNSEL.] (a) The child, parent, 39.16 guardian or custodian has the right to effective assistance of 39.17 counsel in connection with a proceeding in juvenile courtunless39.18the. This right does not apply to a child who is charged with a 39.19 juvenile petty offense as defined in section 260.015, 39.20 subdivision 21, unless the child is charged with a third or 39.21 subsequent juvenile alcohol or controlled substance offense and 39.22 may be subject to the alternative disposition described in 39.23 section 260.195, subdivision 4. 39.24 (b) The court shall appoint counsel, or stand-by counsel if 39.25 the child waives the right to counsel, for a child who is: 39.26 (1) charged by delinquency petition with a gross 39.27 misdemeanor or felony offense; or 39.28 (2) the subject of a delinquency proceeding in which 39.29 out-of-home placement has been proposed. 39.30(b)(c) If they desire counsel but are unable to employ it, 39.31 the court shall appoint counsel to represent the child or the 39.32 parents or guardian in any case in which it feels that such an 39.33 appointment is desirable, except a juvenile pettyoffense as39.34defined in section 260.015, subdivision 21offender who does not 39.35 have the right to counsel under paragraph (a). 39.36 Sec. 7. Minnesota Statutes 1994, section 260.161, 40.1 subdivision 1a, is amended to read: 40.2 Subd. 1a. [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF 40.3 CRIMINAL APPREHENSION.] (a) The juvenile court shall forward to 40.4 the Bureau of Criminal Apprehension the following data on 40.5 juveniles adjudicated delinquent for having committed 40.6 felony-level criminal sexual conduct: 40.7 (1) the name and birth date of the juvenile, including any 40.8 of the juvenile's known aliases or street names; 40.9 (2) the type of act for which the juvenile was adjudicated 40.10 delinquent and date of the offense; and 40.11 (3) the date and county of the adjudication. 40.12 (b) The bureau shall retain data on a juvenile until the 40.13 offender reaches the age of 28. If the offender commits another 40.14 violation of sections 609.342 to 609.345 as an adult, the bureau 40.15 shall retain the data for as long as the data would have been 40.16 retained if the offender had been an adult at the time of the 40.17 juvenile offense. 40.18 (c) The juvenile court shall forward to the bureau the 40.19 following data on individuals convicted as extended jurisdiction 40.20 juveniles: 40.21 (1) the name and birthdate of the offender, including any 40.22 of the juvenile's known aliases or street names; 40.23 (2) the crime committed by the offender and the date of the 40.24 crime; and 40.25 (3) the date and county of the conviction. 40.26 The court shall notify the bureau whenever it executes an 40.27 extended jurisdiction juvenile's adult sentence under section 40.28 260.126, subdivision 5. 40.29 (d) The bureau shall retain the extended jurisdiction 40.30 juvenile data for as long as the data would have been retained 40.31 if the offender had been an adult at the time of the offense. 40.32 Data retained on individuals under this subdivision are private 40.33 data under section 13.02, except that extended jurisdiction 40.34 juvenile data becomes public data under section 13.87, 40.35 subdivision 2, when the juvenile court notifies the bureau that 40.36 the individual's adult sentence has been executed under section 41.1 260.126, subdivision 5. 41.2 Sec. 8. Minnesota Statutes 1995 Supplement, section 41.3 260.161, subdivision 3, is amended to read: 41.4 Subd. 3. [PEACE OFFICER AND CORRECTIONAL RECORDS OF 41.5 CHILDREN.] (a) Except for records relating to an offense where 41.6 proceedings are public under section 260.155, subdivision 1, 41.7 peace officers' records of children who are or may be delinquent 41.8 or who may be engaged in criminal acts shall be kept separate 41.9 from records of persons 18 years of age or older and are private 41.10 data but shall be disseminated: (1) by order of the juvenile 41.11 court, (2) as required by section 126.036, (3) as authorized 41.12 under section 13.82, subdivision 2, (4) to the child or the 41.13 child's parent or guardian unless disclosure of a record would 41.14 interfere with an ongoing investigation, or (5) as otherwise 41.15 provided in this subdivision. Except as provided in paragraph 41.16 (c), no photographs of a child taken into custody may be taken 41.17 without the consent of the juvenile court unless the child is 41.18 alleged to have violated section 169.121 or 169.129. Peace 41.19 officers' records containing data about children who are victims 41.20 of crimes or witnesses to crimes must be administered consistent 41.21 with section 13.82, subdivisions 2, 3, 4, and 10. Any person 41.22 violating any of the provisions of this subdivision shall be 41.23 guilty of a misdemeanor. 41.24 In the case of computerized records maintained about 41.25 juveniles by peace officers, the requirement of this subdivision 41.26 that records about juveniles must be kept separate from adult 41.27 records does not mean that a law enforcement agency must keep 41.28 its records concerning juveniles on a separate computer system. 41.29 Law enforcement agencies may keep juvenile records on the same 41.30 computer as adult records and may use a common index to access 41.31 both juvenile and adult records so long as the agency has in 41.32 place procedures that keep juvenile records in a separate place 41.33 in computer storage and that comply with the special data 41.34 retention and other requirements associated with protecting data 41.35 on juveniles. 41.36 (b) Nothing in this subdivision prohibits the exchange of 42.1 information by law enforcement agencies if the exchanged 42.2 information is pertinent and necessary to the requesting agency 42.3 in initiating, furthering, or completing a criminal 42.4 investigation. 42.5 (c) A photograph may be taken of a child taken into custody 42.6 pursuant to section 260.165, subdivision 1, clause (b), provided 42.7 that the photograph must be destroyed when the child reaches the 42.8 age of 19 years. If the child is taken into custody for 42.9 allegedly committing a felony or gross misdemeanor-level 42.10 delinquent act and is detained in a secure detention facility, 42.11 the facility must take the child's fingerprints and booking 42.12 photograph as required by section 299C.10, subdivision 1. The 42.13 commissioner of corrections may photograph juveniles whose legal 42.14 custody is transferred to the commissioner. Photographs of 42.15 juveniles authorized by this paragraph may be used only for 42.16 institution management purposes, case supervision by parole 42.17 agents, and to assist law enforcement agencies to apprehend 42.18 juvenile offenders. The commissioner shall maintain photographs 42.19 of juveniles in the same manner as juvenile court records and 42.20 names under this section. 42.21 (d) Traffic investigation reports are open to inspection by 42.22 a person who has sustained physical harm or economic loss as a 42.23 result of the traffic accident. Identifying information on 42.24 juveniles who are parties to traffic accidents may be disclosed 42.25 as authorized under section 13.82, subdivision 4, and accident 42.26 reports required under section 169.09 may be released under 42.27 section 169.09, subdivision 13, unless the information would 42.28 identify a juvenile who was taken into custody or who is 42.29 suspected of committing an offense that would be a crime if 42.30 committed by an adult, or would associate a juvenile with the 42.31 offense, and the offense is not a minor traffic offense under 42.32 section 260.193. 42.33 (e) A law enforcement agency shall notify the principal or 42.34 chief administrative officer of a juvenile's school of an 42.35 incident occurring within the agency's jurisdiction if: 42.36 (1) the agency has probable cause to believe that the 43.1 juvenile has committed an offense that would be a crime if 43.2 committed as an adult, that the victim of the offense is a 43.3 student or staff member of the school, and that notice to the 43.4 school is reasonably necessary for the protection of the victim; 43.5 or 43.6 (2) the agency has probable cause to believe that the 43.7 juvenile has committed an offense described in subdivision 1b, 43.8 paragraph (a), clauses (1) to (3), that would be a crime if 43.9 committed by an adult, regardless of whether the victim is a 43.10 student or staff member of the school. 43.11 A law enforcement agency is not required to notify the 43.12 school under this paragraph if the agency determines that notice 43.13 would jeopardize an ongoing investigation. Notwithstanding 43.14 section 138.17, data from a notice received from a law 43.15 enforcement agency under this paragraph must be destroyed when 43.16 the juvenile graduates from the school or at the end of the 43.17 academic year when the juvenile reaches age 23, whichever date 43.18 is earlier. For purposes of this paragraph, "school" means a 43.19 public or private elementary, middle, or secondary school. 43.20 (f) In any county in which the county attorney operates or 43.21 authorizes the operation of a juvenile prepetition or pretrial 43.22 diversion program, a law enforcement agency or county attorney's 43.23 office may provide the juvenile diversion program with data 43.24 concerning a juvenile who is a participant in or is being 43.25 considered for participation in the program. 43.26 (g) Upon request of a local social service agency, peace 43.27 officer records of children who are or may be delinquent or who 43.28 may be engaged in criminal acts may be disseminated to the 43.29 agency to promote the best interests of the subject of the data. 43.30 Sec. 9. Minnesota Statutes 1994, section 260.171, 43.31 subdivision 2, is amended to read: 43.32 Subd. 2. (a) If the child is not released as provided in 43.33 subdivision 1, the person taking the child into custody shall 43.34 notify the court as soon as possible of the detention of the 43.35 child and the reasons for detention. 43.36 (b) No child may be detained in a juvenile secure detention 44.1 facility or shelter care facility longer than 36 hours, 44.2 excluding Saturdays, Sundays, and holidays, after being taken 44.3 into custody for a delinquent act as defined in section 260.015, 44.4 subdivision 5, unless a petition has been filed and the judge or 44.5 referee determines pursuant to section 260.172 that the child 44.6 shall remain in detention. 44.7 (c) No child may be detained in an adult jail or municipal 44.8 lockup longer than 24 hours, excluding Saturdays, Sundays, and 44.9 holidays, or longer than six hours in an adult jail or municipal 44.10 lockup in a standard metropolitan statistical area, after being 44.11 taken into custody for a delinquent act as defined in section 44.12 260.015, subdivision 5, unless: 44.13 (1) a petition has been filed under section 260.131; and 44.14 (2) a judge or referee has determined under section 260.172 44.15 that the child shall remain in detention. 44.16 After August 1, 1991, no child described in this paragraph 44.17 may be detained in an adult jail or municipal lockup longer than 44.18 24 hours, excluding Saturdays, Sundays, and holidays, or longer 44.19 than six hours in an adult jail or municipal lockup in a 44.20 standard metropolitan statistical area, unless the requirements 44.21 of this paragraph have been met and, in addition, a motion to 44.22 refer the child for adult prosecution has been made under 44.23 section 260.125. Notwithstanding this paragraph, continued 44.24 detention of a child in an adult detention facility outside a 44.25 standard metropolitan statistical area county is permissible if: 44.26 (i) the facility in which the child is detained is located 44.27 where conditions of distance to be traveled or other ground 44.28 transportation do not allow for court appearances within 48 44.29 hours. A delay not to exceed 24 hours may be made under this 44.30 clause; or 44.31 (ii) the facility is located where conditions of safety 44.32 exist. Time for an appearance may be delayed until 24 hours 44.33 after the time that conditions allow for reasonably safe 44.34 travel. "Conditions of safety" include adverse life-threatening 44.35 weather conditions that do not allow for reasonably safe travel. 44.36 The continued detention of a child under clause (i) or (ii) 45.1 must be reported to the commissioner of corrections. 45.2 (d) No child taken into custody pursuant to section 45.3 260.165, subdivision 1, clause (a) or (c)(2) may be held in a 45.4 shelter care facility longer than 72 hours, excluding Saturdays, 45.5 Sundays and holidays, unless a petition has been filed and the 45.6 judge or referee determines pursuant to section 260.172 that the 45.7 child shall remain in custody. 45.8 (e) If a child described in paragraph (c) is to be detained 45.9 in a jail beyond 24 hours, excluding Saturdays, Sundays, and 45.10 holidays, the judge or referee, in accordance with rules and 45.11 procedures established by the commissioner of corrections, shall 45.12 notify the commissioner of the place of the detention and the 45.13 reasons therefor. The commissioner shall thereupon assist the 45.14 court in the relocation of the child in an appropriate juvenile 45.15 secure detention facility or approved jail within the county or 45.16 elsewhere in the state, or in determining suitable 45.17 alternatives. The commissioner shall direct that a child 45.18 detained in a jail be detained after eight days from and 45.19 including the date of the original detention order in an 45.20 approved juvenile secure detention facility with the approval of 45.21 the administrative authority of the facility. If the court 45.22 refers the matter to the prosecuting authority pursuant to 45.23 section 260.125, notice to the commissioner shall not be 45.24 required. 45.25 Sec. 10. Minnesota Statutes 1995 Supplement, section 45.26 260.195, subdivision 2a, is amended to read: 45.27 Subd. 2a. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 45.28 as otherwise provided in section 260.155, subdivision 2, a child 45.29 alleged to be a juvenile petty offender may be represented by 45.30 counsel, but does not have a right to appointment of a public 45.31 defender or other counsel at public expense. 45.32 Sec. 11. Minnesota Statutes 1994, section 260.281, is 45.33 amended to read: 45.34 260.281 [NEW EVIDENCE.] 45.35 A child whose status has been adjudicated by a juvenile 45.36 court, or the child's parent, guardian, custodian or spouse may, 46.1 at any time within9015 days of the filing of the court's 46.2 order, petition the court for a rehearing on the ground that new 46.3 evidence has been discovered affecting the advisability of the 46.4 court's original adjudication or disposition. Upon a showing 46.5 that such evidence does exist the court shall order that a new 46.6 hearing be held within 30 days, unless the court extends this 46.7 time period for good cause shown within the 30-day period, and 46.8 shall make such disposition of the case as the facts and the 46.9 best interests of the child warrant. 46.10 Sec. 12. Minnesota Statutes 1994, section 260.301, is 46.11 amended to read: 46.12 260.301 [CONTEMPT.] 46.13 Any person knowingly interfering with an order of the 46.14 juvenile court is in contempt of court. However, a child who is 46.15 under the continuing jurisdiction of the court for reasons other 46.16 thandelinquencyhaving committed a delinquent act or a juvenile 46.17 petty offense may not be adjudicated as a delinquent solely on 46.18 the basis of having knowingly interfered with or disobeyed an 46.19 order of the court. 46.20 Sec. 13. Minnesota Statutes 1995 Supplement, section 46.21 299C.10, subdivision 1, is amended to read: 46.22 Subdivision 1. [LAW ENFORCEMENT DUTY.] (a) It is hereby 46.23 made the duty of the sheriffs of the respective countiesand, of 46.24 the police officers in cities of the first, second, and third 46.25 classes, under the direction of the chiefs of police in such 46.26 cities, and of community corrections agencies operating secure 46.27 juvenile detention facilities to take or cause to be taken 46.28 immediately finger and thumb prints, photographs, distinctive 46.29 physical mark identification data, and such other identification 46.30 data as may be requested or required by the superintendent of 46.31 the bureau; of all persons arrested for a felony, gross 46.32 misdemeanor, of all juveniles committing felonies as 46.33 distinguished from those committed by adult offenders, of all 46.34 persons reasonably believed by the arresting officer to be 46.35 fugitives from justice, of all persons in whose possession, when 46.36 arrested, are found concealed firearms or other dangerous 47.1 weapons, burglar tools or outfits, high-power explosives, or 47.2 articles, machines, or appliances usable for an unlawful purpose 47.3 and reasonably believed by the arresting officer to be intended 47.4 for such purposes, and within 24 hours thereafter to forward 47.5 such fingerprint records and other identification data on such 47.6 forms and in such manner as may be prescribed by the 47.7 superintendent of the bureau of criminal apprehension. 47.8 (b) Effective August 1, 1997, the identification reporting 47.9 requirements shall also apply to persons committing misdemeanor 47.10 offenses, including violent and enhanceable crimes, and 47.11 juveniles committing gross misdemeanors. In addition, the 47.12 reporting requirements shall include any known aliases or street 47.13 names of the offenders. 47.14 Sec. 14. [REPEALER.] 47.15 Minnesota Statutes 1994, section 260.141, subdivision 1, is 47.16 repealed. 47.17 Sec. 15. [EFFECTIVE DATE.] 47.18 Sections 1 to 14 are effective August 1, 1996, and apply to 47.19 offenses committed on or after that date. 47.20 ARTICLE 4 47.21 EXPUNGEMENT 47.22 Section 1. Minnesota Statutes 1995 Supplement, section 47.23 152.18, subdivision 1, is amended to read: 47.24 Subdivision 1. If any person who has not previously 47.25 participated in or completed a diversion program authorized 47.26 under section 401.065 or who has not previously been placed on 47.27 probation without a judgment of guilty and thereafter been 47.28 discharged from probation under this section is found guilty of 47.29 a violation of section 152.024, subdivision 2, 152.025, 47.30 subdivision 2, or 152.027, subdivision 2, 3, or 4, for 47.31 possession of a controlled substance, after trial or upon a plea 47.32 of guilty, and the court determines that the violation does not 47.33 qualify as a subsequent controlled substance conviction under 47.34 section 152.01, subdivision 16a, the court may, without entering 47.35 a judgment of guilty and with the consent of the person, defer 47.36 further proceedings and place the person on probation upon such 48.1 reasonable conditions as it may require and for a period, not to 48.2 exceed the maximum sentence provided for the violation. The 48.3 court may give the person the opportunity to attend and 48.4 participate in an appropriate program of education regarding the 48.5 nature and effects of alcohol and drug abuse as a stipulation of 48.6 probation. Upon violation of a condition of the probation, the 48.7 court may enter an adjudication of guilt and proceed as 48.8 otherwise provided. The court may, in its discretion, dismiss 48.9 the proceedings against the person and discharge the person from 48.10 probation before the expiration of the maximum period prescribed 48.11 for the person's probation. If during the period of probation 48.12 the person does not violate any of the conditions of the 48.13 probation, then upon expiration of the period the court shall 48.14 discharge the person and dismiss the proceedings against that 48.15 person. Discharge and dismissal under this subdivision shall be 48.16 without court adjudication of guilt, but a not public record of 48.17 it shall be retained by thedepartment of public safetybureau 48.18 of criminal apprehension for the purpose of use by the courts in 48.19 determining the merits of subsequent proceedings against the 48.20 person. The not public record may also be opened only upon 48.21 court order for purposes of a criminal investigation, 48.22 prosecution, or sentencing. Upon request by law enforcement, 48.23 prosecution, or corrections authorities, thedepartmentbureau 48.24 shall notify the requesting party of the existence of the not 48.25 public record and the right to seek a court order to open it 48.26 pursuant to this section. The court shall forward a record of 48.27 any discharge and dismissal under this subdivision to 48.28 thedepartment of public safety whobureau which shall make and 48.29 maintain the not public record of it as provided under this 48.30 subdivision. The discharge or dismissal shall not be deemed a 48.31 conviction for purposes of disqualifications or disabilities 48.32 imposed by law upon conviction of a crime or for any other 48.33 purpose. 48.34 For purposes of this subdivision, "not public" has the 48.35 meaning given in section 13.02, subdivision 8a. 48.36 Sec. 2. Minnesota Statutes 1995 Supplement, section 49.1 242.31, subdivision 1, is amended to read: 49.2 Subdivision 1. Whenever a person who has been committed to 49.3 the custody of the commissioner of corrections upon conviction 49.4 of a crime following certification under the provisions of 49.5 section 260.125 is finally discharged by order of the 49.6 commissioner, that discharge shall restore the person to all 49.7 civil rightsand, if so ordered by the commissioner of49.8corrections, also shall have the effect of setting aside the49.9conviction, nullifying it and purging the person of it. The 49.10 commissioner shall file a copy of the order with the district 49.11 court of the county in which the conviction occurred; upon49.12receipt, the court shall order the conviction set aside. An49.13order setting aside a conviction for a crime of violence as49.14defined in section 624.712, subdivision 5, must provide that the49.15person is not entitled to ship, transport, possess, or receive a49.16firearm until ten years have elapsed since the order was entered49.17and during that time the person was not convicted of any other49.18crime of violence. A person whose conviction was set aside49.19under this section and who thereafter has received a relief of49.20disability under United States Code, title 18, section 925,49.21shall not be subject to the restrictions of this subdivision. 49.22 Sec. 3. Minnesota Statutes 1994, section 242.31, 49.23 subdivision 2, is amended to read: 49.24 Subd. 2. Whenever a person described in subdivision 1 has 49.25 been placed on probation by the court pursuant to section 49.26 609.135 and, after satisfactory fulfillment of it, is discharged 49.27 from probation, the court shall issue an order of discharge 49.28 pursuant to subdivision 2a and section 609.165.On application49.29of the defendant or on its own motion and after notice to the49.30county attorney, the court in its discretion may also order that49.31the defendant's conviction be set aside with the same effect as49.32a court order under subdivision 1.49.33These orders restoreThis order restores the defendant to 49.34 civil rightsand purge and free the defendant from all penalties49.35and disabilities arising from the defendant's conviction and the49.36conviction shall not thereafter be used against the defendant,50.1except in a criminal prosecution for a subsequent offense if50.2otherwise admissible therein. In addition, the record of the50.3defendant's conviction shall be sealed and may be opened only50.4upon court order for purposes of a criminal investigation,50.5prosecution, or sentencing. Upon request by law enforcement,50.6prosecution, or corrections authorities, the court or the50.7department of public safety shall notify the requesting party of50.8the existence of the sealed record and the right to seek a court50.9order to open it pursuant to this section. 50.10 Sec. 4. Minnesota Statutes 1995 Supplement, section 50.11 299C.11, is amended to read: 50.12 299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 50.13 The sheriff of each county and the chief of police of each 50.14 city of the first, second, and third classes shall furnish the 50.15 bureau, upon such form as the superintendent shall prescribe, 50.16 with such finger and thumb prints, photographs, distinctive 50.17 physical mark identification data, and other identification data 50.18 as may be requested or required by the superintendent of the 50.19 bureau, which may be taken under the provisions of section 50.20 299C.10, of persons who shall be convicted of a felony, gross 50.21 misdemeanor, or who shall be found to have been convicted of a 50.22 felony or gross misdemeanor, within ten years next preceding 50.23 their arrest. Upon the determination of all pending criminal 50.24 actions or proceedings in favor of the arrested person, and the 50.25 granting of the petition of the arrested person under chapter 50.26 609A, the bureau shall, upon demand, have all such finger and50.27thumb prints,seal photographs, distinctive physical mark 50.28 identification data, and other identification data, and all 50.29 copies and duplicatesthereof, returned, providedof them, if it 50.30 isnotestablished by the arrested person that thearrested50.31 person has not been convicted of any felony, gross misdemeanor, 50.32 or a similar misdemeanor, either within or without the state, 50.33 within the period of ten years immediately preceding such 50.34 determination. The expunged photographs, distinctive physical 50.35 mark identification data, and other identification data shall 50.36 not be destroyed but shall be sealed and may be opened upon 51.1 statutory authorization, or upon an ex parte court order for 51.2 purposes of criminal investigation, prosecution, or sentencing. 51.3 Finger and thumbprints and DNA samples and DNA records of the 51.4 arrested person shall not be returned, sealed, or destroyed. 51.5 For purposes of this section, "determination of all pending 51.6 criminal actions or proceedings in favor of the arrested person" 51.7 does not include: 51.8 (1) the sealing of a criminal record pursuant to section 51.9 152.18, subdivision 1, 242.31, or609.168chapter 609A;or51.10 (2) the arrested person's successful completion of a 51.11 diversion program; 51.12 (3) an order of discharge under section 609.165; or 51.13 (4) a pardon granted under section 638.02. 51.14 Sec. 5. Minnesota Statutes 1994, section 299C.13, is 51.15 amended to read: 51.16 299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.] 51.17 Upon receipt of information data as to any arrested person, 51.18 the bureau shall immediately ascertain whether the person 51.19 arrested has a criminal record or is a fugitive from justice, 51.20 and shall at once inform the arresting officer of the facts 51.21 ascertained. Upon application by any sheriff, chief of police, 51.22 or other peace officer in the state, or by an officer of the 51.23 United States or by an officer of another state, territory, or 51.24 government duly authorized to receive the same and effecting 51.25 reciprocal interchange of similar information with the division, 51.26 it shall be the duty of the bureau to furnish all information in 51.27 its possession pertaining to the identification of any person. 51.28 If the bureau has a sealed record on the arrested person, it 51.29 shall notify the requesting peace officer of that fact and of 51.30 the right to seek a court order to open the record for purposes 51.31 of law enforcement. A criminal justice agency shall be 51.32 notified, upon request, of the existence and contents of a 51.33 sealed record containing conviction information about an 51.34 applicant for employment. For purposes of this section a 51.35 "criminal justice agency" means courts or a government agency 51.36 that performs the administration of criminal justice under 52.1 statutory authority and which allocates a substantial part of 52.2 its annual budget to the administration of criminal justice. 52.3 Sec. 6. [609A.01] [CRIMINAL RECORDS EXPUNGEMENT.] 52.4 Subdivision 1. [DEFINITION.] "Expungement" means the 52.5 sealing of records and disclosing their existence or opening 52.6 them only under court order or statutory authority. 52.7 "Expungement" shall not include the destruction of records or 52.8 their return to an arrested or convicted individual. 52.9 Subd. 2. [SCOPE OF CHAPTER.] This chapter provides the 52.10 grounds and procedure for expungement of criminal arrest or 52.11 conviction records under sections 13.82; 152.18, subdivision 1; 52.12 299C.11; or other applicable law. 52.13 Sec. 7. [609A.02] [GROUNDS FOR EXPUNGEMENT ORDER.] 52.14 Subdivision 1. [CERTAIN CONTROLLED SUBSTANCE 52.15 OFFENSES.] Upon the dismissal and discharge of proceedings 52.16 against a person under section 152.18, subdivision 1, for 52.17 violation of section 152.024, 152.025, or 152.027 for possession 52.18 of a controlled substance, or on other grounds permitted by law, 52.19 the person may petition under section 609A.03 for expungement of 52.20 all records relating to the arrest, indictment or information, 52.21 trial, and dismissal and discharge. 52.22 Subd. 2. [JUVENILES PROSECUTED AS ADULTS.] A petition for 52.23 expungement of a conviction record may be filed under section 52.24 609A.03 by a person who has been committed to the custody of the 52.25 commissioner of corrections upon conviction of a crime following 52.26 certification to district court under section 260.125, if the 52.27 person: 52.28 (1) is finally discharged by the commissioner; or 52.29 (2) has been placed on probation by the court under section 52.30 609.135 and has been discharged from probation after 52.31 satisfactory fulfillment of it. 52.32 Subd. 3. [EXPUNGEMENT PROHIBITED.] Expungement shall not 52.33 be sought and shall not be granted for the record of a 52.34 conviction of an offense for which registration is required 52.35 under section 243.166. 52.36 Sec. 8. [609A.03] [PETITION TO EXPUNGE CRIMINAL ARREST OR 53.1 CONVICTION RECORDS.] 53.2 Subdivision 1. [PETITION; FILING FEE.] An individual who 53.3 is the subject of a criminal arrest or conviction record who is 53.4 seeking the expungement of the record shall file a petition 53.5 under this section and pay a filing fee in the amount required 53.6 under section 357.021, subdivision 2, clause (1). The filing 53.7 fee may be waived in cases of indigency. 53.8 Subd. 2. [CONTENTS OF PETITION.] A petition for 53.9 expungement shall be signed under oath by the petitioner and 53.10 shall state the following: 53.11 (1) the petitioner's full name and all other legal names or 53.12 aliases by which the petitioner has been known at any time; 53.13 (2) the petitioner's date of birth; 53.14 (3) all of the petitioner's addresses from the date of the 53.15 offense or alleged offense in connection with which an 53.16 expungement order is sought, to the date of the petition; 53.17 (4) why expungement is sought, if it is for employment or 53.18 licensure purposes, the statutory or other legal authority under 53.19 which it is sought, and why it should be granted; 53.20 (5) the details of the offense or arrest for which 53.21 expungement is sought, including date and jurisdiction of the 53.22 occurrence, court file number, and date of conviction or of 53.23 dismissal; 53.24 (6) in the case of a conviction, what steps the petitioner 53.25 has taken since the time of the offense toward personal 53.26 rehabilitation, including treatment, work, or other personal 53.27 history that demonstrates rehabilitation; 53.28 (7) petitioner's criminal conviction record indicating all 53.29 convictions for misdemeanors, gross misdemeanors, or felonies in 53.30 this state, and for all comparable convictions in any other 53.31 state, federal court, or foreign country, whether the 53.32 convictions occurred before or after the arrest or conviction 53.33 for which expungement is sought; and 53.34 (8) all prior requests by the petitioner, whether for the 53.35 present arrest or conviction or for any other arrest or 53.36 conviction, in this state or any other state or federal court, 54.1 for pardon, return of arrest records, or expungement or sealing 54.2 of a criminal record, whether granted or not, and all stays of 54.3 adjudication or imposition of sentence involving the petitioner. 54.4 Subd. 3. [SERVICE OF PETITION.] The petition for 54.5 expungement and a proposed expungement order shall be served by 54.6 mail on the state and local government agencies and 54.7 jurisdictions whose records would be affected by the proposed 54.8 order. Service shall also be made by mail on the attorney for 54.9 each agency and jurisdiction. 54.10 Subd. 4. [HEARING.] A hearing on the petition shall be 54.11 held not sooner than 60 days after service of the petition. 54.12 Subd. 5. [NATURE OF REMEDY; STANDARD; FIREARMS 54.13 RESTRICTION.] (a) Expungement of an arrest or conviction record 54.14 is an extraordinary remedy to be granted only upon clear and 54.15 convincing evidence that it would yield a benefit to the 54.16 petitioner commensurate with the disadvantages to the public and 54.17 public safety of: 54.18 (1) sealing the record; and 54.19 (2) burdening the court and public authorities to issue, 54.20 enforce, and monitor an expungement order. 54.21 (b) If the court issues an expungement order it may require 54.22 that: 54.23 (1) the record of an arrest or conviction shall be sealed, 54.24 the existence of the record shall not be revealed, and the 54.25 record shall not be opened except as required under subdivision 54.26 7; or 54.27 (2) the record of a conviction shall not be sealed but 54.28 shall indicate that expungement of the record was granted. 54.29 (c) An order expunging the record of a conviction for a 54.30 crime of violence as defined in section 624.712, subdivision 5, 54.31 must provide that the person is not entitled to ship, transport, 54.32 possess, or receive a firearm until ten years have elapsed since 54.33 the order was entered and during that time the person was not 54.34 convicted of any other crime of violence. Any person whose 54.35 record of conviction is expunged under this section and who 54.36 thereafter receives a relief of disability under United States 55.1 Code, title 18, section 925, is not subject to the restriction 55.2 in this paragraph. 55.3 Subd. 6. [ORDER CONCERNING CONTROLLED SUBSTANCE OFFENSES.] 55.4 If the court orders the expungement of the record of proceedings 55.5 under section 152.18, the effect of the order shall be to 55.6 restore the person, in the contemplation of the law, to the 55.7 status the person occupied before the arrest, indictment, or 55.8 information. The person shall not be held guilty of perjury or 55.9 otherwise of giving a false statement if the person fails to 55.10 acknowledge the arrest, indictment, information, or trial in 55.11 response to any inquiry made for any purpose. 55.12 Subd. 7. [LIMITATIONS OF ORDER.] (a) Upon issuance of an 55.13 expungement order related to an arrest, the finger and 55.14 thumbprints, DNA samples and DNA records held by the bureau of 55.15 criminal apprehension or any other law enforcement agency shall 55.16 not be sealed, returned, or destroyed. 55.17 (b) Notwithstanding the issuance of an expungement order 55.18 under this chapter: 55.19 (1) an expunged record of an arrest or conviction may be 55.20 opened for purposes of a criminal investigation, prosecution, or 55.21 sentencing upon an ex parte court order; and 55.22 (2) an expunged record of a conviction may be opened for 55.23 purposes of evaluating a prospective employee in a criminal 55.24 justice agency without a court order. 55.25 Upon request by law enforcement, prosecution, or 55.26 corrections authorities, an agency or jurisdiction subject to an 55.27 expungement record shall inform the requester of the existence 55.28 of a sealed record and of the right to obtain access to it as 55.29 provided by this paragraph. For purposes of this section a 55.30 "criminal justice agency" means courts or a government agency 55.31 that performs the administration of criminal justice under 55.32 statutory authority and which allocates a substantial part of 55.33 its annual budget to the administration of criminal justice. 55.34 Subd. 8. [STAY OF ORDER; APPEAL.] An expungement order 55.35 shall be automatically stayed for 60 days after filing of the 55.36 order and, if the order is appealed, during the appeal period. 56.1 A person or an agency or jurisdiction whose records would be 56.2 affected by the order may appeal the order within 60 days of 56.3 service of notice of filing of the order. An agency or 56.4 jurisdiction or officials or employees thereof need not file a 56.5 cost bond or supersedeas bond in order to further stay the 56.6 proceedings or file an appeal. 56.7 Subd. 9. [DISTRIBUTION OF EXPUNGEMENT ORDERS.] If an 56.8 expungement order is issued, the court administrator shall send 56.9 a copy of it to each agency and jurisdiction whose records are 56.10 affected by the terms of the order. 56.11 Sec. 9. [REPEALER.] 56.12 Minnesota Statutes 1994, sections 152.18, subdivision 2; 56.13 242.31, subdivision 3; 609.166; 609.167; and 609.168, are 56.14 repealed. 56.15 Sec. 10. [EFFECTIVE DATE; APPLICATION.] 56.16 Sections 1 to 9 are effective the day following final 56.17 enactment and apply to requests for expungement of criminal 56.18 arrest or conviction records initiated on or after that date. 56.19 ARTICLE 5 56.20 CRIME PREVENTION 56.21 Section 1. [SAFE HOUSE PROGRAM IN FERGUS FALLS.] 56.22 Notwithstanding Minnesota Statutes, section 299A.28, 56.23 another similar safe house program, primarily focusing on the 56.24 safety and protection of children, may be developed and operate 56.25 in the city of Fergus Falls if the program members have 56.26 completed a criminal background check satisfactory to the Fergus 56.27 Falls police department. However, the commissioner of public 56.28 safety is not required to perform the duties listed under 56.29 Minnesota Statutes, section 299A.28, subdivision 2, with respect 56.30 to the program in Fergus Falls and is not accountable or liable 56.31 for any act or failure to act by a member of that program. 56.32 Sec. 2. [INTENSIVE JUVENILE MONITORING PILOT PROGRAM.] 56.33 (a) The commissioner of corrections shall establish at 56.34 least four two-year pilot programs to provide intensive 56.35 monitoring in the community for juveniles who have committed or 56.36 are at risk to commit status offenses or delinquent acts. A 57.1 juvenile need not be adjudicated for an offense to be eligible 57.2 for the program. The pilot programs shall employ qualified 57.3 college and graduate students who are majoring in relevant 57.4 disciplines to supervise and monitor juveniles referred to or 57.5 placed in the program by peace officers, juvenile courts, and 57.6 juvenile probation officers. 57.7 (b) The commissioner shall collaborate with appropriate 57.8 faculty members and administrators at the University of 57.9 Minnesota, the state universities, and private colleges and 57.10 universities to establish general eligibility criteria for 57.11 college and graduate students to participate in the program and 57.12 to specify the various ways by which students will be 57.13 compensated for their participation including, but not limited 57.14 to, monetary compensation and academic credits. 57.15 (c) The commissioner also shall collaborate with higher 57.16 education experts, community corrections agencies, law 57.17 enforcement agencies, and juvenile court judges to: 57.18 (1) establish general eligibility criteria for juveniles to 57.19 be referred to or placed in the program; 57.20 (2) establish maximum caseloads for students, based on 57.21 their experience and knowledge and on the characteristics of the 57.22 juveniles to be supervised; 57.23 (3) specify the types of supervision and monitoring the 57.24 college and graduate students will be expected to provide to the 57.25 juveniles; and 57.26 (4) specify the manner in which the students' work will be 57.27 monitored and evaluated by relevant criminal justice and higher 57.28 education professionals. 57.29 (d) At the end of the pilot programs, the commissioner of 57.30 corrections shall report findings and recommendations to the 57.31 chairs of the house and senate committees with jurisdiction over 57.32 criminal justice and higher education issues. 57.33 Sec. 3. [EFFECTIVE DATE.] 57.34 Section 1 is effective August 1, 1996. Section 2 is 57.35 effective July 1, 1996. 57.36 ARTICLE 6 58.1 MISCELLANEOUS 58.2 Section 1. Minnesota Statutes 1994, section 168.36, is 58.3 amended by adding a subdivision to read: 58.4 Subd. 4. [OFFICER MAY SEIZE REGISTRATION PLATES.] If a 58.5 peace officer stops a motor vehicle and determines, through a 58.6 check of the motor vehicle registration record system, that the 58.7 vehicle is being operated without valid registration in 58.8 violation of this section, the officer may immediately seize the 58.9 vehicle's registration plates and destroy the plates or return 58.10 them to the commissioner of public safety. 58.11 Sec. 2. Minnesota Statutes 1994, section 260.311, 58.12 subdivision 3a, is amended to read: 58.13 Subd. 3a. [DETAINING PERSON ON CONDITIONAL RELEASE OR 58.14 PROBATION.] (a) The written order of the court services director 58.15 or designee of a county probation agency not organized under 58.16 chapter 401 is sufficient authority for peace officers and 58.17 county probation officers servingathe district or juvenile 58.18 courtmay, without a warrantof nonparticipating counties when 58.19 it appears necessary to prevent escape or enforce discipline, to 58.20 take and detain a probationer or any person on conditional 58.21 release and bring that person before the court or the 58.22 commissioner of corrections, whichever is appropriate, for 58.23 disposition. No probationer or other person on conditional 58.24 release shall be detained under this subdivision more than 72 58.25 hours, excluding Saturdays, Sundays and holidays, without being 58.26 given an opportunity for a hearing before the court or the 58.27 commissioner of corrections or a designee. 58.28 (b) The written order of the court service director or 58.29 designee of a county probation agency not established under 58.30 chapter 401 is sufficient authority for probation officers 58.31 serving the district and juvenile courts of nonparticipating 58.32 counties to release within 72 hours, exclusive of legal 58.33 holidays, Saturdays, and Sundays, without appearance before the 58.34 court or the commissioner of corrections or a designee, any 58.35 person detained pursuant to paragraph (a). 58.36 (c) The written order of the chief executive officer or 59.1 designee of a county corrections agency established under this 59.2 section and not organized under chapter 401 is sufficient 59.3 authority for any peace officer or county probation officer to 59.4 take and place in actual custody any person under sentence or on 59.5 probation who: 59.6 (1) fails to report to serve a sentence at a local 59.7 correctional facility, as defined in section 241.021, 59.8 subdivision 1; 59.9 (2) fails to return from furlough or authorized temporary 59.10 release from a local correctional facility; 59.11 (3) escape from a local correctional facility; or 59.12 (4) absconds from court-ordered home detention. 59.13 (d) The written order of the court services director or 59.14 designee of a county probation agency established under this 59.15 section and not organized under chapter 401 is sufficient 59.16 authority for any peace officer or county probation officer to 59.17 take and place in actual custody any person on a 59.18 court-authorized pretrial release who absconds from pretrial 59.19 release or fails to abide by the conditions of pretrial release. 59.20 Sec. 3. Minnesota Statutes 1995 Supplement, section 59.21 609.10, is amended to read: 59.22 609.10 [SENTENCES AVAILABLE.] 59.23 Upon conviction of a felony and compliance with the other 59.24 provisions of this chapter the court, if it imposes sentence, 59.25 may sentence the defendant to the extent authorized by law as 59.26 follows: 59.27 (1) to life imprisonment; or 59.28 (2) to imprisonment for a fixed term of years set by the 59.29 court; or 59.30 (3) to both imprisonment for a fixed term of years and 59.31 payment of a fine; or 59.32 (4) to payment of a fine without imprisonment or to 59.33 imprisonment for a fixed term of years if the fine is not paid; 59.34 or 59.35 (5) to payment of court-ordered restitution in addition to 59.36 either imprisonment or payment of a fine, or both; or 60.1 (6) to payment of a local correctional fee as authorized 60.2 under section 609.102 in addition to any other sentence imposed 60.3 by the court. 60.4 As used in this section, "restitution" includes: 60.5 (i) payment of compensation to the victim or the victim's 60.6 family; and 60.7 (ii) if the victim is deceased or already has been fully 60.8 compensated, payment of money to a victim assistance program or 60.9 other program directed by the court. 60.10 In controlled substance crime cases, "restitution" also 60.11 includes payment of compensation to a government entity that 60.12 incurs loss as a direct result of the controlled substance crime. 60.13 Sec. 4. Minnesota Statutes 1995 Supplement, section 60.14 609.125, is amended to read: 60.15 609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 60.16 Upon conviction of a misdemeanor or gross misdemeanor the 60.17 court, if sentence is imposed, may, to the extent authorized by 60.18 law, sentence the defendant: 60.19 (1) to imprisonment for a definite term; or 60.20 (2) to payment of a fine, or to imprisonment for a 60.21 specified term if the fine is not paid; or 60.22 (3) to both imprisonment for a definite term and payment of 60.23 a fine; or 60.24 (4) to payment of court-ordered restitution in addition to 60.25 either imprisonment or payment of a fine, or both; or 60.26 (5) to payment of a local correctional fee as authorized 60.27 under section 609.102 in addition to any other sentence imposed 60.28 by the court. 60.29 As used in this section, "restitution" includes: 60.30 (i) payment of compensation to the victim or the victim's 60.31 family; and 60.32 (ii) if the victim is deceased or already has been fully 60.33 compensated, payment of money to a victim assistance program or 60.34 other program directed by the court. 60.35 In controlled substance crime cases, "restitution" also 60.36 includes payment of compensation to a government entity that 61.1 incurs loss as a direct result of the controlled substance crime. 61.2 Sec. 5. Minnesota Statutes 1994, section 609.135, 61.3 subdivision 1, is amended to read: 61.4 Subdivision 1. [TERMS AND CONDITIONS.] Except when a 61.5 sentence of life imprisonment is required by law, or when a 61.6 mandatory minimum sentence is required by section 609.11, any 61.7 court may stay imposition or execution of sentence and (a) may 61.8 order intermediate sanctions without placing the defendant on 61.9 probation, or (b) may place the defendant on probation with or 61.10 without supervision and on the terms the court prescribes, 61.11 including intermediate sanctions when practicable. The court 61.12 may order the supervision to be under the probation officer of 61.13 the court, or, if there is none and the conviction is for a 61.14 felony or gross misdemeanor, by the commissioner of corrections, 61.15 or in any case by some other suitable and consenting person. No 61.16 intermediate sanction may be ordered performed at a location 61.17 that fails to observe applicable requirements or standards of 61.18 chapter 181A or 182, or any rule promulgated under them. For 61.19 purposes of this subdivision, subdivision 6, and section 609.14, 61.20 the term "intermediate sanctions" includes but is not limited to 61.21 incarceration in a local jail or workhouse, home detention, 61.22 electronic monitoring, intensive probation, sentencing to 61.23 service, reporting to a day reporting center, chemical 61.24 dependency or mental health treatment or counseling, 61.25 restitution, fines, day-fines, community work service,andwork 61.26 in lieu of or to work off fines and, with the victim's consent, 61.27 work in lieu of or to work off restitution. 61.28 A court may not stay the revocation of the driver's license 61.29 of a person convicted of violating the provisions of section 61.30 169.121. 61.31 Sec. 6. Minnesota Statutes 1995 Supplement, section 61.32 609.135, subdivision 2, is amended to read: 61.33 Subd. 2. (a) If the conviction is for a felony the stay 61.34 shall be for not more than four years or the maximum period for 61.35 which the sentence of imprisonment might have been imposed, 61.36 whichever is longer. 62.1 (b) If the conviction is for a gross misdemeanor violation 62.2 of section 169.121 or 169.129, the stay shall be for not more 62.3 than four years. The court shall provide for unsupervised 62.4 probation for the last one year of the stay unless the court 62.5 finds that the defendant needs supervised probation for all or 62.6 part of the last one year. 62.7 (c) If the conviction is for a gross misdemeanor not 62.8 specified in paragraph (b), the stay shall be for not more than 62.9 two years. 62.10 (d) If the conviction is for any misdemeanor under section 62.11 169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 62.12 misdemeanor under section 609.2242 or 609.224, subdivision 1, in 62.13 which the victim of the crime was a family or household member 62.14 as defined in section 518B.01, the stay shall be for not more 62.15 than two years. The court shall provide for unsupervised 62.16 probation for the second year of the stay unless the court finds 62.17 that the defendant needs supervised probation for all or part of 62.18 the second year. 62.19 (e) If the conviction is for a misdemeanor not specified in 62.20 paragraph (d), the stay shall be for not more than one year. 62.21 (f) The defendant shall be discharged six months after the 62.22 term of the stay expires, unless the stay has been revoked or 62.23 extended under paragraph (g) or (h), or the defendant has 62.24 already been discharged. 62.25 (g) Notwithstanding the maximum periods specified for stays 62.26 of sentences under paragraphs (a) to (f), a court may extend a 62.27 defendant's term of probation for up to one year if it finds, at 62.28 a hearing conducted under subdivision 1a, that: 62.29 (1) the defendant has not paidcourt-ordered restitution or62.30 a fine in accordance with the payment schedule or structure; and 62.31 (2) the defendant is likely to not pay therestitution or62.32 fine the defendant owes before the term of probation expires. 62.33 This one-year extension of probation for failure to pay 62.34restitution ora fine may be extended by the court for up to one 62.35 additional year if the court finds, at another hearing conducted 62.36 under subdivision 1a, that the defendant still has not paid the 63.1court-ordered restitution orfine that the defendant owes. 63.2 (h) Notwithstanding the maximum periods specified for stays 63.3 of sentence under paragraphs (a) to (f), if a court sentences a 63.4 defendant to pay restitution, the defendant's term of probation 63.5 shall last until the term of probation expires or the 63.6 restitution is fully paid, whichever occurs later. Any 63.7 probationary period in excess of the maximum period specified in 63.8 paragraphs (a) to (f) shall be unsupervised. However, if the 63.9 court uses screener-collectors to collect fines or restitution, 63.10 the screener-collector shall continue to monitor and seek 63.11 payment of restitution orders of those persons who are on 63.12 unsupervised probation until the order has been fully paid. 63.13 Sec. 7. Minnesota Statutes 1995 Supplement, section 63.14 611A.01, is amended to read: 63.15 611A.01 [DEFINITIONS.] 63.16 For the purposes of sections 611A.01 to 611A.06: 63.17 (a) "Crime" means conduct that is prohibited by local 63.18 ordinance and results in bodily harm to an individual; or 63.19 conduct that is included within the definition of "crime" in 63.20 section 609.02, subdivision 1, or would be included within that 63.21 definition but for the fact that (i) the person engaging in the 63.22 conduct lacked capacity to commit the crime under the laws of 63.23 this state, or (ii) the act was alleged or found to have been 63.24 committed by a juvenile; 63.25 (b) "Victim" means a natural person who incurs loss or harm 63.26 as a result of a crime, including a good faith effort to prevent 63.27 a crime, and for purposes of sections 611A.04 and 611A.045, also 63.28 includes (i) a corporation that incurs loss or harm as a result 63.29 of a crime, and (ii) any other entity authorized to receive 63.30 restitution under section 609.10 or 609.125. If the victim is a 63.31 natural person and is deceased, "victim" means the deceased's 63.32 surviving spouse or next of kin; and 63.33 (c) "Juvenile" has the same meaning as given to the term 63.34 "child" in section 260.015, subdivision 2. 63.35 Sec. 8. Minnesota Statutes 1994, section 611A.04, 63.36 subdivision 3, is amended to read: 64.1 Subd. 3. [EFFECT OF ORDER FOR RESTITUTION.] An order of 64.2 restitution may be enforced by any person named in the order to 64.3 receive the restitution in the same manner as a judgment in a 64.4 civil action. Filing fees for docketing an order of restitution 64.5 as a civil judgment are waived for any victim named in the 64.6 restitution order. An order of restitution shall be docketed as 64.7 a civil judgment by the court administrator of the district 64.8 court in the county in which the order of restitution was 64.9 entered. The court administrator also shall notify the 64.10 commissioner of revenue of the restitution debt in the manner 64.11 provided in chapter 270A, the revenue recapture act. A juvenile 64.12 court is not required to appoint a guardian ad litem for a 64.13 juvenile offender before docketing a restitution order. 64.14 Interest shall accrue on the unpaid balance of the judgment as 64.15 provided in section 549.09. Whether the order of restitution 64.16 has been docketed or not, it is a debt that is not dischargeable 64.17 in bankruptcy. A decision for or against restitution in any 64.18 criminal or juvenile proceeding is not a bar to any civil action 64.19 by the victim or by the state pursuant to section 611A.61 64.20 against the offender. The offender shall be given credit, in 64.21 any order for judgment in favor of a victim in a civil action, 64.22 for any restitution paid to the victim for the same injuries for 64.23 which the judgment is awarded. 64.24 Sec. 9. [EFFECTIVE DATE.] 64.25 Sections 1 to 8 are effective August 1, 1996, and apply to 64.26 offenses committed on or after that date. 64.27 ARTICLE 7 64.28 APPROPRIATIONS 64.29 Section 1. [PUBLIC SAFETY.] 64.30 Subdivision 1. [BCA; OFP TRACKING SYSTEM.] $....... is 64.31 appropriated for the fiscal year ending June 30, 1997, from the 64.32 general fund to the commissioner of public safety to be used by 64.33 the bureau of criminal apprehension for enhancements of the 64.34 domestic abuse orders for protection tracking system developed 64.35 under Minnesota Statutes, section 299C.65. 64.36 Subd. 2. [WITNESS AND VICTIM PROTECTION GRANTS.] $....... 65.1 is appropriated from the general fund to the commissioner of 65.2 public safety for the fiscal year ending June 30, 1997, to 65.3 provide grants from the witness and victim protection fund 65.4 described in Minnesota Statutes, section 299C.065, subdivision 65.5 1a. 65.6 Sec. 2. [ATTORNEY GENERAL; GUN VIOLENCE.] 65.7 $....... is appropriated from the general fund to the 65.8 attorney general for the fiscal year ending June 30, 1997, to be 65.9 used for a public information campaign about gun violence. 65.10 Sec. 3. [CORRECTIONS; JUVENILE MONITORING PROGRAM.] 65.11 $250,000 is appropriated from the general fund to the 65.12 commissioner of corrections to establish and fund intensive 65.13 juvenile monitoring pilot programs. This sum is available until 65.14 expended.