Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 351-H.F.No. 1730 
           An act relating to crime; correcting certain 
          erroneous, omitted and obsolete references in and to 
          the criminal sexual conduct statutes; clarifying 
          requirements in investigation of child abuse; amending 
          Minnesota Statutes 1984, sections 253B.02, subdivision 
          4a; 260.015, subdivision 24; 494.03; 518B.01, 
          subdivision 2; 609.11, subdivision 9; 609.341, 
          subdivision 3; 609.347, subdivision 3; 609.348; 
          609.349; 609.35; 611A.03, subdivision 3; and 628.26; 
          and Minnesota Statutes 1985 Supplement, sections 
          609.341, subdivision 11; 609.344, subdivision 1; 
          609.345, subdivision 1; 609.346, subdivisions 2 and 3; 
          609.3471; 609.531, subdivision 1; 626.556, 
          subdivisions 2 and 10b; and 631.045.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 253B.02, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [CRIME AGAINST THE PERSON.] "Crime against the 
person" means a violation of or attempt to violate any of the 
following provisions:  sections 609.185; 609.19; 609.195; 
609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 
609.224; 609.23; 609.231; 609.235; 609.24; 609.245; 609.25; 
609.255; 609.265; 609.27, subdivision 1, clause (1) or (2); 
609.28 if violence or threats of violence were used; 609.322, 
subdivision 1, clause (2); 609.342; 609.343; 609.344; 609.345; 
609.3641; 609.3642; 609.3643; 609.3644; 609.365; 609.498, 
subdivision 1; 609.50, clause (1); 609.561; 609.562; and 609.595.
     Sec. 2.  Minnesota Statutes 1984, section 260.015, 
subdivision 24, is amended to read: 
    Subd. 24.  [DOMESTIC CHILD ABUSE.] "Domestic child abuse" 
means:  
    (1) any physical injury to a minor family or household 
member inflicted by an adult family or household member other 
than by accidental means; or 
    (2) subjection of a minor family or household member by an 
adult family or household member to any act which constitutes a 
violation of sections 609.321 to 609.324, 609.342, 609.343, 
609.344, 609.345, 609.364 to 609.3644, or 617.246.  
     Sec. 3.  Minnesota Statutes 1984, section 494.03, is 
amended to read: 
    494.03 [EXCLUSIONS.] 
    The guidelines shall exclude:  
    (1) any dispute involving violence against persons, 
including incidents arising out of situations that would support 
charges under sections 609.342 to 609.345, 609.3641 to 609.3644, 
or 609.365;  
    (2) any matter involving a person who has been adjudicated 
incompetent or relating to guardianship, conservatorship, or 
civil commitment;  
    (3) any matter involving neglect or dependency, or 
involving termination of parental rights arising under sections 
260.221 to 260.245; and 
    (4) any matter arising under section 626.557 or sections 
144.651 to 144.652, or any dispute subject to chapters 518, 
518A, 518B, and 518C, whether or not an action is pending.  This 
shall not restrict the present authority of the court or 
departments of the court from accepting for resolution a dispute 
arising under chapters 518, 518A, and 518C, or from referring 
disputes arising under chapters 518, and 518A to for-profit 
mediation.  
     Sec. 4.  Minnesota Statutes 1984, section 518B.01, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] As used in this section, the 
following terms shall have the meanings given them:  
    (a) "Domestic abuse" means:  (i) physical harm, bodily 
injury, assault, or the infliction of fear of imminent physical 
harm, bodily injury or assault, between family or household 
members; or (ii) criminal sexual conduct, within the meaning of 
sections 609.342, 609.343, 609.344, or 609.345, committed 
against a minor family or household member by an adult family or 
household member; or (iii) intrafamilial sexual abuse, within 
the meaning of sections 609.364 to 609.3644, committed against a 
minor family or household member by an adult family or household 
member;  
    (b) "Family or household members" means spouses, former 
spouses, parents and children, persons related by blood, and 
persons who are presently residing together or who have resided 
together in the past, and persons who have a child in common 
regardless of whether they have been married or have lived 
together at any time.  
     Sec. 5.  Minnesota Statutes 1984, section 609.11, 
subdivision 9, is amended to read: 
    Subd. 9.  [APPLICABLE OFFENSES.] The crimes for which 
mandatory minimum sentences shall be served before eligibility 
for probation, parole, or supervised release as provided in this 
section are:  murder in the first, second, or third degree;  
assault in the first, second, or third degree; burglary;  
kidnapping; false imprisonment; manslaughter in the first or 
second degree; aggravated robbery; simple robbery; criminal 
sexual conduct in the first, second, or third degree under the 
circumstances described in sections 609.342, subdivision 1, 
clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); 
and 609.344, subdivision 1, clauses (a) to (e) and (h) to (j); 
escape from custody; arson in the first, second, or third 
degree; or any attempt to commit any of these offenses.  
     Sec. 6.  Minnesota Statutes 1984, section 609.341, 
subdivision 3, is amended to read: 
    Subd. 3.  "Force" means the infliction, attempted 
infliction, or threatened infliction by the actor of bodily harm 
or commission or threat of any other crime by the actor against 
the complainant or another, which (a) causes the complainant to 
reasonably believe that the actor has the present ability to 
execute the threat, and (b) if the actor does not have a 
significant relationship to the complainant, also causes the 
complainant to submit.  
     Sec. 7.  Minnesota Statutes 1985 Supplement, section 
609.341, subdivision 11, is amended to read: 
    Subd. 11.  (a) "Sexual contact," for the purposes of 
section 609.343, subdivision 1, clauses (a) to (f), and section 
609.345, subdivision 1, clauses (a) to (e), and (h) to (j), 
includes any of the following acts committed without the 
complainant's consent, for the purpose of satisfying the actor's 
sexual or aggressive impulses, except in those cases where 
consent is not a defense: 
    (i) the intentional touching by the actor of the 
complainant's intimate parts, or 
    (ii) the touching by the complainant of the actor's, the 
complainant's, or another's intimate parts effected by coercion 
or the use of a position of authority, or by inducement if the 
complainant is under 13 years of age or mentally impaired, or 
    (iii) the touching by another of the complainant's intimate 
parts effected by coercion or the use of a position of 
authority, or 
    (iv) in any of the cases above, of the clothing covering 
the immediate area of the intimate parts. 
    (b) "Sexual contact," for the purposes of section 609.343, 
subdivision 1, clauses (g) and (h), and section 609.345, 
subdivision 1, clauses (f) and (g), includes any of the 
following acts, if the acts can reasonably be construed as being 
for the purpose of satisfying the actor's sexual or aggressive 
impulses: 
     (i) the intentional touching by the actor of the 
complainant's intimate parts; 
    (ii) the touching by the complainant of the actor's, the 
complainant's, or another's intimate parts; 
    (iii) the touching by another of the complainant's intimate 
parts; or 
    (iv) in any of the cases listed above, touching of the 
clothing covering the immediate area of the intimate parts. 
     Sec. 8.  Minnesota Statutes 1985 Supplement, section 
609.344, subdivision 1, is amended to read: 
    Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
criminal sexual conduct in the third degree if he engages in 
sexual penetration with another person and any of the following 
circumstances exists:  
     (a) the complainant is under 13 years of age and the actor 
is no more than 36 months older than the complainant.  Neither 
mistake as to the complainant's age nor consent to the act by 
the complainant shall be a defense;  
     (b) the complainant is at least 13 but less than 16 years 
of age and the actor is more than 24 months older than the 
complainant.  In any such case it shall be an affirmative 
defense, which must be proved by a preponderance of the 
evidence, that the actor believes the complainant to be 16 years 
of age or older.  If the actor in such a case is no more than 48 
months but more than 24 months older than the complainant, he 
may be sentenced to imprisonment for not more than five years.  
Consent by the complainant is not a defense;  
     (c) the actor uses force or coercion to accomplish the 
penetration;  
     (d) the actor knows or has reason to know that the 
complainant is mentally impaired, mentally incapacitated, or 
physically helpless;  
     (e) the complainant is at least 16 but less than 18 years 
of age and the actor is more than 48 months older than the 
complainant and in a position of authority over the complainant, 
and uses this authority to cause the complainant to submit. 
Neither mistake as to the complainant's age nor consent to the 
act by the complainant is a defense;  
    (f) the actor has a significant relationship to the 
complainant and the complainant was at least 16 but under 18 
years of age at the time of the sexual penetration.  Neither 
mistake as to the complainant's age nor consent to the act by 
the complainant is a defense; or 
    (g) the actor has a significant relationship to the 
complainant, the complainant was at least 16 but under 18 years 
of age at the time of the sexual penetration, and: 
    (i) the actor or an accomplice used force or coercion to 
accomplish the penetration;  
    (ii) the actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon;  
    (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another;  
    (iv) the complainant suffered personal injury; or 
    (v) the sexual abuse involved multiple acts committed over 
an extended period of time.  
     Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense; 
    (h) the actor is a psychotherapist and the complainant is a 
patient of the psychotherapist and the sexual penetration 
occurred during the psychotherapy session.  Consent by the 
complainant is not a defense; 
    (i) the actor is a psychotherapist and the complainant is a 
patient or former patient of the psychotherapist and the patient 
or former patient is emotionally dependent upon the 
psychotherapist; or 
    (j) the actor is a psychotherapist and the complainant is a 
patient or former patient and the sexual penetration occurred by 
means of therapeutic deception.  Consent by the complainant is 
not a defense. 
    Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense. 
     Sec. 9.  Minnesota Statutes 1985 Supplement, section 
609.345, subdivision 1, is amended to read:  
    Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
criminal sexual conduct in the fourth degree if he engages in 
sexual contact with another person and if any of the following 
circumstances exists: 
     (a) the complainant is under 13 years of age and the actor 
is no more than 36 months older than the complainant.  Neither 
mistake as to the complainant's age or consent to the act by the 
complainant is a defense.  In a prosecution under this clause, 
the state is not required to prove that the sexual contact was 
coerced;  
     (b) the complainant is at least 13 but less than 16 years 
of age and the actor is more than 48 months older than the 
complainant or in a position of authority over the complainant 
and uses this authority to cause the complainant to submit.  In 
any such case, it shall be an affirmative defense which must be 
proved by a preponderance of the evidence that the actor 
believes the complainant to be 16 years of age or older;  
     (c) the actor uses force or coercion to accomplish the 
sexual contact;  
     (d) the actor knows or has reason to know that the 
complainant is mentally impaired, mentally incapacitated, or 
physically helpless;  
     (e) the complainant is at least 16 but less than 18 years 
of age and the actor is more than 48 months older than the 
complainant and in a position of authority over the complainant, 
and uses this authority to cause the complainant to submit.  
Neither mistake as to the complainant's age nor consent to the 
act by the complainant is a defense;  
    (f) the actor has a significant relationship to the 
complainant and the complainant was at least 16 but under 18 
years of age at the time of the sexual contact.  Neither mistake 
as to the complainant's age nor consent to the act by the 
complainant is a defense; or 
    (g) the actor has a significant relationship to the 
complainant, the complainant was at least 16 but under 18 years 
of age at the time of the sexual contact, and: 
    (i) the actor or an accomplice used force or coercion to 
accomplish the contact;  
    (ii) the actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon;  
    (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another;  
    (iv) the complainant suffered personal injury; or 
    (v) the sexual abuse involved multiple acts committed over 
an extended period of time.  
     Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense; 
    (h) the actor is a psychotherapist and the complainant is a 
patient of the psychotherapist and the sexual contact occurred 
during the psychotherapy session.  Consent by the complainant is 
not a defense; 
    (i) the actor is a psychotherapist and the complainant is a 
patient or former patient of the psychotherapist and the patient 
or former patient is emotionally dependent upon the 
psychotherapist; or 
    (j) the actor is a psychotherapist and the complainant is a 
patient or former patient and the sexual contact occurred by 
means of therapeutic deception.  Consent by the complainant is 
not a defense.  
    Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense. 
     Sec. 10.  Minnesota Statutes 1985 Supplement, section 
609.346, subdivision 2, is amended to read:  
    Subd. 2.  [SUBSEQUENT OFFENSE; PENALTY.] If a person is 
convicted of a second or subsequent offense under sections 
609.342 to 609.345 or sections 609.364 to 609.3644 within 15 
years of the prior conviction, the court shall commit the 
defendant to the commissioner of corrections for imprisonment 
for a term of not less than three years, nor more than the 
maximum sentence provided by law for the offense for which 
convicted, notwithstanding the provisions of sections 242.19, 
243.05, 609.11, 609.12 and 609.135.  
     Sec. 11.  Minnesota Statutes 1985 Supplement, section 
609.346, subdivision 3, is amended to read: 
    Subd. 3.  [PRIOR CONVICTIONS UNDER SIMILAR STATUTES.] For 
the purposes of this section, an offense is considered a second 
or subsequent offense if, prior to conviction of the second or 
subsequent offense, the actor has been at any time convicted 
under sections 609.342 to 609.345 or sections 609.364 to 
609.3644 or under any similar statute of the United States, or 
this or any other state. 
     Sec. 12.  Minnesota Statutes 1984, section 609.347, 
subdivision 3, is amended to read: 
    Subd. 3.  In a prosecution under sections 609.342 to 
609.346 or 609.3641 to 609.365, evidence of the complainant's 
previous sexual conduct shall not be admitted nor shall any 
reference to such conduct be made in the presence of the jury, 
except by court order under the procedure provided in 
subdivision 4, and only to the extent that the court finds that 
any of the following proposed evidence is material to the fact 
at issue in the case and that its inflammatory or prejudicial 
nature does not outweigh its probative value: 
    (a) When consent or fabrication by the complainant is the 
defense in the case, evidence of such conduct tending to 
establish a common scheme or plan of similar sexual conduct 
under circumstances similar to the case at issue on the part of 
the complainant, relevant and material to the issue of consent 
or fabrication.  Evidence of such conduct engaged in more than 
one year prior to the date of alleged offense is inadmissible; 
    (b) Evidence of specific instances of sexual activity 
showing the source of semen, pregnancy, or disease at the time 
of the incident or, in the case of pregnancy, between the time 
of the incident and trial; 
    (c) Evidence of the complainant's past sexual conduct with 
the defendant; 
    (d) For purposes of impeachment, when such evidence is 
offered to rebut specific testimony of the complainant.  
     Sec. 13.  Minnesota Statutes 1985 Supplement, section 
609.3471, is amended to read: 
    609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 
CONFIDENTIAL.] 
    Notwithstanding any provision of law to the contrary, no 
data contained in records or reports relating to complaints or 
indictments issued pursuant to sections 609.342, clause (a) or, 
(b), (g), or (h); 609.343, clause (a) or, (b), (g), or (h); 
609.344, clause (a) or, (b), (e), (f), or (g); or 609.345, 
clause (a) or, (b), (e), (f), or (g); or 609.3641 to 609.3644, 
which specifically identifies the victim shall be accessible to 
the public, except by order of the court.  Nothing in this 
section authorizes denial of access to any other data contained 
in the records or reports, including the identity of the 
defendant. 
     Sec. 14.  Minnesota Statutes 1984, section 609.348, is 
amended to read: 
    609.348 [MEDICAL PURPOSES; EXCLUSION.] 
    Laws 1975, Chapter 374, and Sections 609.364 to 609.3644 
shall 609.342 to 609.346 do not apply to sexual penetration or 
sexual contact when done for a bona fide medical purpose. 
     Sec. 15.  Minnesota Statutes 1984, section 609.349, is 
amended to read: 
    609.349 [VOLUNTARY RELATIONSHIPS.] 
    A person does not commit criminal sexual conduct under 
sections 609.342, clauses (a) and (b), 609.343, clauses (a) and 
(b), 609.344, clauses (a), (b) and, (d), and (e), and 609.345, 
clauses (a), (b) and, (d), and (e), if the actor and complainant 
were adults cohabiting in an ongoing voluntary sexual 
relationship at the time of the alleged offense, or if the 
complainant is the actor's legal spouse, unless the couple is 
living apart and one of them has filed for legal separation or 
dissolution of the marriage.  Nothing in this section shall be 
construed to prohibit or restrain the prosecution for any other 
offense committed by any person against his legal spouse. 
     Sec. 16.  Minnesota Statutes 1984, section 609.35, is 
amended to read: 
    609.35 [COSTS OF MEDICAL EXAMINATION.] 
    No costs incurred by a county, city, or private hospital or 
other emergency medical facility or by a private physician for 
the examination of a complainant of criminal sexual conduct or 
intrafamilial sexual abuse, as defined in section 609.364, 
subdivision 10, when the examination is performed for the 
purpose of gathering evidence for possible prosecution, shall be 
charged directly or indirectly to the complainant.  The 
reasonable costs of the examination shall be paid by the county 
in which the alleged offense was committed.  Nothing in this 
section shall be construed to limit the duties, 
responsibilities, or liabilities of any insurer, whether public 
or private. 
     Sec. 17.  Minnesota Statutes 1985 Supplement, section 
609.531, subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] For the purpose of this 
section, the following terms have the meanings given them.  
     (a) "Conveyance device" means a device used for 
transportation in connection with a designated offense and 
includes, but is not limited to, motor vehicles, trailers, 
snowmobiles, airplanes, and vessels.  The term "conveyance 
device" does not include property which is, in fact, itself 
stolen or taken in violation of the law.  
     (b) "Primary container" means a fundamental receptacle 
other than a conveyance device used to store or transport 
property.  
     (c) "Weapon used" means weapons used in the furtherance of 
a crime and defined as a dangerous weapon under section 609.02, 
subdivision 6.  
     (d) "Property" means property as defined in section 609.52, 
subdivision 1, clause (1).  
     (e) "Contraband property" means property which is illegal 
to possess under Minnesota law.  
     (f) "Appropriate agency" means either the bureau of 
criminal apprehension, Minnesota state patrol, county sheriffs 
and their deputies, or city police departments.  
     (g) "Designated offense" includes:  
     (1) For weapons used:  any violation of this chapter;  
     (2) For all other purposes:  violation of, or an attempt or 
conspiracy to violate, section 609.185; 609.19; 609.195; 609.21; 
609.221; 609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 
609.255; 609.322, subdivision 1 or 2; 609.342, subdivision 1, 
clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); 
609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 
609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 
609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.521; 
609.525; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 
609.582; 609.59; 609.595; 609.687; 609.825; 609.86; 609.88; 
609.89; or 617.246, when the violation constitutes a felony.  
    (h) "Communications device or component" means a device or 
system used to facilitate in any manner the creation, storage, 
dissemination, or transmission of data in connection with a 
designated offense and includes computers and computer-related 
components as defined in section 609.87 and any other device or 
system that by means of electric, electronic or magnetic 
impulses may be used to facilitate in any manner the creation, 
storage, dissemination, or transmission of data.  
     Sec. 18.  Minnesota Statutes 1984, section 611A.03, 
subdivision 3, is amended to read: 
    Subd. 3.  [APPLICABILITY.] The provisions of this section 
apply to crimes which are violations of sections 609.185, 
609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223, 
609.224, 609.24, 609.245, 609.25, 609.255, 609.342, 609.343, 
609.344, 609.345, 609.3641, 609.3642, 609.3643, 609.3644, 
609.365, 609.498, 609.561, 609.58, clauses (1)(b) and (2), and 
609.687.  
     Sec. 19.  Minnesota Statutes 1985 Supplement, section 
626.556, subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] As used in this section, the 
following terms have the meanings given them unless the specific 
content indicates otherwise: 
    (a) "Sexual abuse" means the subjection by a person 
responsible for the child's care, or by a person in a position 
of authority, as defined in section 609.341, subdivision 10, to 
any act which constitutes a violation of section 609.342, 
609.343, 609.344, or 609.345, or sections 609.364 to 609.3644.  
Sexual abuse also includes any act which involves a minor which 
constitutes a violation of sections 609.321 to 609.324 or 
617.246.  
    (b) "Person responsible for the child's care" means (1) an 
individual functioning within the family unit and having 
responsibilities for the care of the child such as a parent, 
guardian, or other person having similar care responsibilities, 
or (2) an individual functioning outside the family unit and 
having responsibilities for the care of the child such as a 
teacher, school administrator, or other lawful custodian of a 
child having either full-time or short-term care 
responsibilities including, but not limited to, day care, baby 
sitting whether paid or unpaid, counseling, teaching, and 
coaching.  
    (c) "Neglect" means failure by a person responsible for a 
child's care to supply a child with necessary food, clothing, 
shelter or medical care when reasonably able to do so or failure 
to protect a child from conditions or actions which imminently 
and seriously endanger the child's physical or mental health 
when reasonably able to do so.  Nothing in this section shall be 
construed to (1) mean that a child is neglected solely because 
the child's parent, guardian or other person responsible for his 
care in good faith selects and depends upon spiritual means or 
prayer for treatment or care of disease or remedial care of the 
child, or (2) impose upon persons, not otherwise legally 
responsible for providing a child with necessary food, clothing, 
shelter or medical care, a duty to provide that care.  Neglect 
also means "medical neglect" as defined in section 260.015, 
subdivision 10, clause (e). 
     (d) "Physical abuse" means any physical injury inflicted by 
a person responsible for the child's care on a child other than 
by accidental means, or any physical injury that cannot 
reasonably be explained by the child's history of injuries.  
     (e) "Report" means any report received by the local welfare 
agency, police department or county sheriff pursuant to this 
section. 
     (f) "Facility" means a day care facility, residential 
facility, agency, hospital, sanitorium, or other facility or 
institution required to be licensed pursuant to sections 144.50 
to 144.58, 241.021, or 245.781 to 245.812.  
     (g) "Operator" means an operator or agency as defined in 
section 245.782.  
    (h) "Commissioner" means the commissioner of human services.
    (i) "Assessment" includes authority to interview the child, 
the person or persons responsible for the child's care, the 
alleged perpetrator, and any other person with knowledge of the 
abuse or neglect for the purpose of gathering the facts, 
assessing the risk to the child, and formulating a plan.  
    (j) "Practice of social services," for the purposes of 
subdivision 3, includes but is not limited to employee 
assistance counseling.  
    Sec. 20.  Minnesota Statutes 1985 Supplement, section 
626.556, subdivision 10b, is amended to read: 
    Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN A 
FACILITY.] (a) If the report alleges that a child in the care of 
a facility as defined in subdivision 2 is neglected, physically 
abused, or sexually abused by an individual in that facility, 
the commissioner shall immediately investigate.  The 
commissioner shall arrange for the transmittal to him of reports 
received by local agencies and may delegate to a local welfare 
agency the duty to investigate reports.  In conducting an 
investigation under this section, the commissioner has the 
powers and duties specified for local welfare agencies under 
this section.  The commissioner or local welfare agency may 
interview any children who are or have been in the care of a 
facility under investigation and their parents, guardians, or 
legal custodians. 
    (b) Prior to any interview, the commissioner or local 
welfare agency shall provide the following information to notify 
the parent, guardian, or legal custodian of a child who will be 
interviewed:  the name of the facility; the fact that a report 
alleging neglect, physical abuse, or sexual abuse of a child in 
the facility has been received; the nature of the alleged 
neglect, physical abuse, or sexual abuse; that the agency is 
conducting an investigation; any protective or corrective 
measures being taken pending the outcome of the investigation; 
and that a written memorandum will be provided when the 
investigation is completed in the manner provided for in 
subdivision 10d, paragraph (a).  If reasonable efforts to reach 
the parent, guardian, or legal custodian of a child in an 
out-of-home placement have failed, the child may be interviewed 
if there is reason to believe the interview is necessary to 
protect the child or other children in the facility.  The 
commissioner or local agency must provide the information 
required in this subdivision to the parent, guardian, or legal 
custodian of a child interviewed without parental notification 
as soon as possible after the interview.  When the investigation 
is completed, any parent, guardian, or legal custodian notified 
under this subdivision shall receive the written memorandum 
provided for in subdivision 10d, paragraph (c). 
    Sec. 21.  Minnesota Statutes 1984, section 628.26, is 
amended to read: 
    628.26 [LIMITATIONS.] 
    (a) Indictments or complaints for murder may be found or 
made at any time after the death of the person killed.  
    (b) Indictments or complaints for violation of section 
609.42, subdivision 1, clauses (1) or (2) shall be found or made 
and filed in the proper court within six years after the 
commission of the offense.  
    (c) Indictments or complaints for violation of sections 
609.3641 to 609.3644, or for violation of sections 609.342 to 
609.345 if the victim was under the age of 18 years at the time 
the offense was committed, shall be found or made and filed in 
the proper court within seven years after the commission of the 
offense.  
    (d) Indictments or complaints for violation of sections 
609.466 and 609.52, subdivision 2, clause (3)(d) shall be found 
or made and filed in the proper court within six years after the 
commission of the offense. 
    (e) In all other cases, indictments or complaints shall be 
found or made and filed in the proper court within three years 
after the commission of the offense; but the time during which 
the defendant shall not be an inhabitant of, or usually resident 
within, this state, shall not constitute any part of the 
limitations imposed by this section. 
    Sec. 22.  Minnesota Statutes 1985 Supplement, section 
631.045, is amended to read: 
    631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 
    At the trial of a complaint or indictment for a violation 
of sections 609.341 to 609.3644 609.346, or 617.246, subdivision 
2, when a minor under 18 years of age is the person upon, with, 
or against whom the crime is alleged to have been committed, the 
judge may exclude the public from the courtroom during the 
victim's testimony or during all or part of the remainder of the 
trial upon a showing that closure is necessary to protect a 
witness or ensure fairness in the trial.  The judge shall give 
the prosecutor, defendant and members of the public the 
opportunity to object to the closure before a closure order.  
The judge shall specify the reasons for closure in an order 
closing all or part of the trial.  Upon closure the judge shall 
only admit persons who have a direct interest in the case.  
    Sec. 23.  [EFFECTIVE DATE.] 
    Sections 1 to 5, 8 to 19, and 21 and 22 are effective 
retroactively to August 1, 1985.  Sections 6, 7, and 20 are 
effective the day following final enactment. 
    Approved March 19, 1986