HF 2161

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 ten 
  2.31  days after the demand no 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 received within ten 
  2.37  days no 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  insurance within ten days of the issuance of the citation no 
  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 demand no 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 insurance within ten days of an officer's demand no 
  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 after upon 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 received within ten days no 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 shall within ten days of the officer's 
  5.3   demand, 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 provided herein in 
  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 demand within 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  within ten days from the date of demand the 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 owner within ten days of the demand no 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 or of 
  8.10  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 practices and; 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 sections is 
 10.31  guilty of theft and shall be sentenced pursuant to section 
 10.32  609.52, subdivision 3, clauses (2), (3)(a) and (c), (4), and 
 10.33  (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 a gross misdemeanor felony 
 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; or 
 12.19     (3) an employee of the department of natural resources who 
 12.20  is 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 act while 18 years of 
 13.18  age; 
 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 
 14.23  while 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; and 609.749; 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 firearm in violation of subdivision 1a before 
 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 than three 20 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  subdivision 1, 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 crime or; 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 of 14 18 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 possesses a pistol or semiautomatic 
 33.12  military-style assault weapon any 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 if 
 33.19  the transferee is a licensed peace officer, as defined in 
 33.20  section 626.84, subdivision 1 the 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 a gross misdemeanor.  A 
 33.31  person who is convicted a second or subsequent time is guilty of 
 33.32  a felony 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, other 
 36.33  than a violation of section 609.224, 609.324, 609.563, 609.576, 
 36.34  or 617.23, that would be a misdemeanor if committed by an 
 36.35  adult if: 
 36.36     (1) the child has not been found to be a juvenile petty 
 37.1   offender on more than two prior occasions for a 
 37.2   misdemeanor-level offense; 
 37.3      (2) the child has not previously been found to be 
 37.4   delinquent for a misdemeanor, gross misdemeanor, or felony 
 37.5   offense; or 
 37.6      (3) the county attorney designates the child on the 
 37.7   petition as a juvenile petty offender, notwithstanding the 
 37.8   child's prior record of misdemeanor-level juvenile petty 
 37.9   offenses. 
 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 
 37.33  attendance 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 court unless 
 39.18  the.  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 petty offense as 
 39.34  defined in section 260.015, subdivision 21 offender 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 within 90 15 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  than delinquency having 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 counties and, 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 the department of public safety bureau 
 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, the department bureau 
 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  the department of public safety who bureau 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 rights and, if so ordered by the commissioner of 
 49.8   corrections, also shall have the effect of setting aside the 
 49.9   conviction, 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; upon 
 49.12  receipt, the court shall order the conviction set aside.  An 
 49.13  order setting aside a conviction for a crime of violence as 
 49.14  defined in section 624.712, subdivision 5, must provide that the 
 49.15  person is not entitled to ship, transport, possess, or receive a 
 49.16  firearm until ten years have elapsed since the order was entered 
 49.17  and during that time the person was not convicted of any other 
 49.18  crime of violence.  A person whose conviction was set aside 
 49.19  under this section and who thereafter has received a relief of 
 49.20  disability under United States Code, title 18, section 925, 
 49.21  shall 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 application 
 49.29  of the defendant or on its own motion and after notice to the 
 49.30  county attorney, the court in its discretion may also order that 
 49.31  the defendant's conviction be set aside with the same effect as 
 49.32  a court order under subdivision 1. 
 49.33     These orders restore This order restores the defendant to 
 49.34  civil rights and purge and free the defendant from all penalties 
 49.35  and disabilities arising from the defendant's conviction and the 
 49.36  conviction shall not thereafter be used against the defendant, 
 50.1   except in a criminal prosecution for a subsequent offense if 
 50.2   otherwise admissible therein.  In addition, the record of the 
 50.3   defendant's conviction shall be sealed and may be opened only 
 50.4   upon court order for purposes of a criminal investigation, 
 50.5   prosecution, or sentencing.  Upon request by law enforcement, 
 50.6   prosecution, or corrections authorities, the court or the 
 50.7   department of public safety shall notify the requesting party of 
 50.8   the existence of the sealed record and the right to seek a court 
 50.9   order 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 and 
 50.27  thumb prints, seal photographs, distinctive physical mark 
 50.28  identification data, and other identification data, and all 
 50.29  copies and duplicates thereof, returned, provided of them, if it 
 50.30  is not established by the arrested person that the arrested 
 50.31  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, or 609.168 chapter 609A; or 
 51.10     (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 serving a the district or juvenile 
 58.18  court may, without a warrant of 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, and work 
 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 paid court-ordered restitution or 
 62.30  a fine in accordance with the payment schedule or structure; and 
 62.31     (2) the defendant is likely to not pay the restitution or 
 62.32  fine the defendant owes before the term of probation expires.  
 62.33  This one-year extension of probation for failure to pay 
 62.34  restitution or a 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 
 63.1   court-ordered restitution or fine 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.