Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 244-H.F.No. 980
An act relating to crime; clarifying language relating
to controlled substance and certain other crimes;
clarifying the elements of murder in the first degree,
witness tampering, and burglary in the first degree;
providing that a motor vehicle is subject to
forfeiture if it was used to flee a peace officer in
violation of law; providing procedures for prosecuting
attorneys to follow when filing complaints against
owners whose buildings are alleged nuisances; amending
the elements of manslaughter in the first degree,
manslaughter in the second degree, and receiving
profits from prostitution; requiring reports on wounds
received from gunshots; expanding the definition of
electronic incapacitation device and increasing the
penalty for its unauthorized use; authorizing
sentencing courts to order the payment of restitution
to victim assistance programs; providing penalties for
engaging in certain acts relating to civil disorders;
clarifying the definition of "theft"; clarifying the
prerequisites for obtaining a search warrant; adding a
fine provision to the terroristic threats crime;
authorizing peace officers to detain probationers
based on an order from the chief executive officer of
a community corrections agency; requiring certain
information to be gathered from crime victims and
presented at bail hearings; requiring notification to
certain victims of bail hearings; requiring
notification to local law enforcement agencies of the
pretrial release of certain defendants; codifying the
establishment of a criminal alert network; prohibiting
the dissemination of false or misleading information
on the criminal alert network; clarifying procedures
governing disposition of seized animals; providing
penalties; amending Minnesota Statutes 1994, sections
152.021, subdivision 3; 152.022, subdivision 3;
152.023, subdivision 3; 152.024, subdivision 3;
152.025, subdivision 3; 343.235; 343.29, subdivision
1; 401.02, subdivision 4; 609.10; 609.125; 609.185;
609.20; 609.205; 609.323, subdivisions 2, 3, and by
adding a subdivision; 609.498, subdivision 1; 609.52,
subdivision 1; 609.5312, by adding a subdivision;
609.582, subdivision 1; 609.713, subdivisions 1 and 2;
617.80, subdivisions 2, 4, 5, 8, and by adding a
subdivision; 617.81, subdivision 2, and by adding a
subdivision; 617.82; 617.85; 624.731, subdivisions 1
and 8; 626.13; 626.53; and 629.715, subdivision 1;
proposing coding for new law in Minnesota Statutes,
chapters 299A; 609; and 629; repealing Minnesota
Statutes 1994, sections 617.81, subdivisions 2a and 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 152.021,
subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) A person convicted under
subdivision 1 or 2 may be sentenced to imprisonment for not more
than 30 years or to payment of a fine of not more than
$1,000,000, or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
committed to the commissioner of corrections for not less than
four years nor more than 40 years or and, in addition, may be
sentenced to payment of a fine of not more than $1,000,000, or
both.
(c) In a prosecution under subdivision 1 involving sales by
the same person in two or more counties within a 90-day period,
the person may be prosecuted for all of the sales in any county
in which one of the sales occurred.
Sec. 2. Minnesota Statutes 1994, section 152.022,
subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) A person convicted under
subdivision 1 or 2 may be sentenced to imprisonment for not more
than 25 years or to payment of a fine of not more than $500,000,
or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
committed to the commissioner of corrections for not less than
three years nor more than 40 years or and, in addition, may be
sentenced to payment of a fine of not more than $500,000, or
both.
(c) In a prosecution under subdivision 1 involving sales by
the same person in two or more counties within a 90-day period,
the person may be prosecuted for all of the sales in any county
in which one of the sales occurred.
Sec. 3. Minnesota Statutes 1994, section 152.023,
subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) A person convicted under
subdivision 1 or 2 may be sentenced to imprisonment for not more
than 20 years or to payment of a fine of not more than $250,000,
or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
committed to the commissioner of corrections for not less than
two years nor more than 30 years or and, in addition, may be
sentenced to payment of a fine of not more than $250,000, or
both.
Sec. 4. Minnesota Statutes 1994, section 152.024,
subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) A person convicted under
subdivision 1 or 2 may be sentenced to imprisonment for not more
than 15 years or to payment of a fine of not more than $100,000,
or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
committed to the commissioner of corrections or to a local
correctional authority for not less than one year nor more than
30 years or and, in addition, may be sentenced to payment of a
fine of not more than $100,000, or both.
Sec. 5. Minnesota Statutes 1994, section 152.025,
subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) A person convicted under
subdivision 1 or 2 may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than
$10,000, or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
committed to the commissioner of corrections or to a local
correctional authority for not less than six months nor more
than ten years or and, in addition, may be sentenced to payment
of a fine of not more than $20,000, or both.
Sec. 6. [299A.61] [CRIMINAL ALERT NETWORK.]
The commissioner of public safety, in cooperation with the
commissioner of administration, shall develop and maintain an
integrated criminal alert network to facilitate the
communication of crime prevention information by electronic
means among state agencies, law enforcement officials, and the
private sector. The network shall disseminate data regarding
the commission of crimes, including information on missing and
endangered children, and attempt to reduce theft and other crime
by the use of electronic transmission of information.
Sec. 7. Minnesota Statutes 1994, section 343.235, is
amended to read:
343.235 [DISPOSITION OF SEIZED ANIMALS.]
Subdivision 1. [GENERAL RULE.] An animal taken into
custody under section 343.22 or 343.29 may be humanely disposed
of at the discretion of the jurisdiction having custody of the
animal seven ten days after the animal is taken into custody,
provided that the procedures in subdivision 3 are followed. An
animal raised for food or fiber products may not be seized or
disposed of without prior examination by a licensed veterinarian
pursuant to a warrant issued by a judge.
Subd. 2. [SECURITY.] A person claiming an interest in an
animal in custody under subdivision 1 may prevent disposition of
the animal by posting a bond or security in an amount sufficient
to provide for the animal's actual costs of care and keeping for
at least 30 days, inclusive of the date on which the animal was
taken into custody. Even if a bond or security is posted, the
authority having custody of the animal may humanely dispose of
the animal at the end of the time for which expenses of care and
keeping are covered by the bond or security, unless there is a
court order prohibiting the disposition. The order must provide
for a bond or other security in the amount necessary to protect
the authority having custody of the animal from any cost of the
care, keeping, or disposal of the animal. The security must be
posted within ten days of the seizure inclusive of the date of
the seizure.
Subd. 3. [NOTICE; RIGHT TO HEARING.] (a) The authority
taking custody of an animal under section 343.22 or 343.29 shall
give notice of this section by delivering or mailing it to a
person claiming an interest in the animal or by posting a copy
of it at the place where the animal is taken into custody or by
delivering it to a person residing on the property, and
telephoning, if possible. The notice must include:
(1) a description of the animal seized; the authority and
purpose for the seizure; the time, place, and circumstances
under which the animal was seized; and the location, address,
telephone number, and contact person where the animal is kept;
(2) a statement that a person claiming an interest in the
animal may post security to prevent disposition of the animal
and may request a hearing concerning the seizure or impoundment
and that failure to do so within ten days of the date of the
notice will result in disposition of the animal; and
(3) a statement that all actual costs of the care, keeping,
and disposal of the animal are the responsibility of the person
claiming an interest in the animal, except to the extent that a
court or hearing officer finds that the seizure or impoundment
was not substantially justified by law.
The notice must also include a form that can be used by a
person claiming an interest in the animal for requesting a
hearing under this subdivision.
(b) Upon request of a person claiming an interest in the
animal, which request must be made within ten days of the date
of seizure, a hearing must be held within five business days of
the request, to determine the validity of the seizure and
impoundment. If the seizure was done pursuant to a warrant
under section 343.22, the hearing must be conducted by the judge
who issued the warrant. If the seizure was done under section
343.29, the municipality taking custody of the animal or, in the
case of a humane society, the municipality from which the animal
was seized, may either (1) authorize a licensed veterinarian
with no financial interest in the matter or professional
association with either party or (2) use the services of a
hearing officer to conduct the hearing. A person claiming an
interest in the animal who is aggrieved by a decision of a
hearing officer under this subdivision may seek a court order
governing the seizure or impoundment within five days of notice
of the order.
(c) The judge or hearing officer may authorize the return
of the animal, if the judge or hearing officer finds that:
(1) the animal is physically fit; and
(2) the person claiming an interest in the animal can and
will provide the care required by law for the animal.
(d) The person claiming an interest in the animal is liable
for all actual costs of care, keeping, and disposal of the
animal, except to the extent that a court or hearing officer
finds that the seizure or impoundment was not substantially
justified by law. The costs must be paid in full or a mutually
satisfactory arrangement for payment must be made between the
municipality and the person claiming an interest in the animal
before return of the animal to the person.
Sec. 8. Minnesota Statutes 1994, section 343.29,
subdivision 1, is amended to read:
Subdivision 1. [DELIVERY TO SHELTER.] Any peace officer,
animal control officer, or agent of the federation or county or
district societies for the prevention of cruelty, may remove,
shelter, and care for any animal which is not properly sheltered
from cold, hot, or inclement weather or any animal not properly
fed and watered, or provided with suitable food and drink in
circumstances that threaten the life of the animal. When
necessary, a peace officer, animal control officer, or agent may
deliver the animal to another person to be sheltered and cared
for, and furnished with suitable food and drink. In all cases,
the owner, if known, shall be immediately notified as provided
in section 343.235, subdivision 3, and the person having
possession of the animal, shall have a lien thereon for
its actual costs of care and keeping and the expenses of the
notice. If the owner or custodian is unknown and cannot by
reasonable effort be ascertained, or does not, within seven ten
days after notice, redeem the animal by paying the expenses
authorized by this subdivision, the animal may be disposed of as
provided in section 343.235.
Sec. 9. Minnesota Statutes 1994, section 401.02,
subdivision 4, is amended to read:
Subd. 4. [DETAINING PERSON ON CONDITIONAL RELEASE OR
PROBATION.] (a) The written order of the chief executive officer
or designee of a community corrections agency established under
this chapter is sufficient authority for peace officers and
probation officers serving the district and juvenile courts
of participating counties participating in the subsidy program
established by this chapter may, without order or warrant, when
it appears necessary to prevent escape or enforce discipline, to
take and detain a probationer, or any person on conditional
release and bring that person before the court or the
commissioner of corrections or a designee, whichever is
appropriate, for disposition. No probationer or other person on
conditional release shall be detained more than 72 hours,
exclusive of legal holidays, Saturdays and Sundays, pursuant to
this subdivision without being provided with the opportunity for
a hearing before the court or the commissioner of corrections or
a designee.
(b) The written order of the chief executive officer or
designee of a community corrections agency established under
this chapter is sufficient authority for probation officers
serving the district and juvenile courts of participating
counties to release within 72 hours, exclusive of legal
holidays, Saturdays, and Sundays, without appearance before the
court or the commissioner of corrections or a designee, any
person detained pursuant to paragraph (a).
(c) When providing supervision and other correctional
services to persons conditionally released pursuant to sections
241.26, 242.19, 243.05, 243.16, 244.05, and 244.065, including
intercounty transfer of persons on conditional release, and the
conduct of presentence investigations, participating counties
shall comply with the policies and procedures relating thereto
as prescribed by the commissioner of corrections.
(b) (d) The written order of the chief executive officer or
designee of a community corrections agency established under
this chapter is sufficient authority for any peace officer or
county probation officer to take and place in actual custody any
person under sentence or on probation who:
(1) fails to report to serve a sentence at a local
correctional facility, as defined in section 241.021,
subdivision 1;
(2) fails to return from furlough or authorized temporary
release from a local correctional facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
(c) (e) The written order of the chief executive officer or
designee of a community corrections agency established under
this chapter is sufficient authority for any peace officer or
county probation officer to take and place in actual custody any
person on a court authorized pretrial release who absconds from
pretrial release or fails to abide by the conditions of pretrial
release.
Sec. 10. Minnesota Statutes 1994, section 609.10, is
amended to read:
609.10 [SENTENCES AVAILABLE.]
Upon conviction of a felony and compliance with the other
provisions of this chapter the court, if it imposes sentence,
may sentence the defendant to the extent authorized by law as
follows:
(1) to life imprisonment; or
(2) to imprisonment for a fixed term of years set by the
court; or
(3) to both imprisonment for a fixed term of years and
payment of a fine; or
(4) to payment of a fine without imprisonment or to
imprisonment for a fixed term of years if the fine is not paid;
or
(5) to payment of court-ordered restitution in addition to
either imprisonment or payment of a fine, or both; or
(6) to payment of a local correctional fee as authorized
under section 609.102 in addition to any other sentence imposed
by the court.
As used in this section, "restitution" includes:
(i) payment of compensation to the victim or the victim's
family; and
(ii) if the victim is deceased or already has been fully
compensated, payment of money to a victim assistance program or
other program directed by the court.
Sec. 11. Minnesota Statutes 1994, section 609.125, is
amended to read:
609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.]
Upon conviction of a misdemeanor or gross misdemeanor the
court, if sentence is imposed, may, to the extent authorized by
law, sentence the defendant:
(1) to imprisonment for a definite term; or
(2) to payment of a fine, or to imprisonment for a
specified term if the fine is not paid; or
(3) to both imprisonment for a definite term and payment of
a fine; or
(4) to payment of court-ordered restitution in addition to
either imprisonment or payment of a fine, or both; or
(5) to payment of a local correctional fee as authorized
under section 609.102 in addition to any other sentence imposed
by the court.
As used in this section, "restitution" includes:
(i) payment of compensation to the victim or the victim's
family; and
(ii) if the victim is deceased or already has been fully
compensated, payment of money to a victim assistance program or
other program directed by the court.
Sec. 12. Minnesota Statutes 1994, section 609.185, is
amended to read:
609.185 [MURDER IN THE FIRST DEGREE.]
Whoever does any of the following is guilty of murder in
the first degree and shall be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation
and with intent to effect the death of the person or of another;
(2) causes the death of a human being while committing or
attempting to commit criminal sexual conduct in the first or
second degree with force or violence, either upon or affecting
the person or another;
(3) causes the death of a human being with intent to effect
the death of the person or another, while committing or
attempting to commit burglary, aggravated robbery, kidnapping,
arson in the first or second degree, tampering with a witness in
the first degree, escape from custody, or any felony violation
of chapter 152 involving the unlawful sale of a controlled
substance;
(4) causes the death of a peace officer or a guard employed
at a Minnesota state or local correctional facility, with intent
to effect the death of that person or another, while the peace
officer or guard is engaged in the performance of official
duties;
(5) causes the death of a minor under circumstances other
than those described in clause (1) or (2) while committing child
abuse, when the perpetrator has engaged in a past pattern of
child abuse upon the child and the death occurs under
circumstances manifesting an extreme indifference to human life;
or
(6) causes the death of a human being under circumstances
other than those described in clause (1), (2), or (5) while
committing domestic abuse, when the perpetrator has engaged in a
past pattern of domestic abuse upon the victim and the death
occurs under circumstances manifesting an extreme indifference
to human life.
For purposes of clause (5), "child abuse" means an act
committed against a minor victim that constitutes a violation of
the following laws of this state or any similar laws of the
United States or any other state: section 609.221; 609.222;
609.223; 609.224; 609.342; 609.343; 609.344; 609.345; 609.377;
609.378; or 609.713.
For purposes of clause (6), "domestic abuse" means an act
that:
(1) constitutes a violation of section 609.221, 609.222,
609.223, 609.224, 609.342, 609.343, 609.344, 609.345, 609.713,
or any similar laws of the United States or any other state; and
(2) is committed against the victim who is a family or
household member as defined in section 518B.01, subdivision 2,
paragraph (b).
Sec. 13. Minnesota Statutes 1994, section 609.20, is
amended to read:
609.20 [MANSLAUGHTER IN THE FIRST DEGREE.]
Whoever does any of the following is guilty of manslaughter
in the first degree and may be sentenced to imprisonment for not
more than 15 years or to payment of a fine of not more than
$30,000, or both:
(1) intentionally causes the death of another person in the
heat of passion provoked by such words or acts of another as
would provoke a person of ordinary self-control under like
circumstances, provided that the crying of a child does not
constitute provocation;
(2) causes the death of another in committing or attempting
to commit a misdemeanor or gross misdemeanor offense with such
force and violence that death of or great bodily harm to any
person was reasonably foreseeable, and murder in the first or
second degree was not committed thereby;
(3) intentionally causes the death of another person
because the actor is coerced by threats made by someone other
than the actor's coconspirator and which cause the actor
reasonably to believe that the act performed by the actor is the
only means of preventing imminent death to the actor or another;
or
(4) proximately causes the death of another, without intent
to cause death by, directly or indirectly, unlawfully selling,
giving away, bartering, delivering, exchanging, distributing, or
administering a controlled substance classified in schedule III,
IV, or V; or
(5) causes the death of another in committing or attempting
to commit a violation of section 609.377 (malicious punishment
of a child), and murder in the first, second, or third degree is
not committed thereby.
As used in this section, a "person of ordinary self-control"
does not include a person under the influence of intoxicants or
a controlled substance.
Sec. 14. Minnesota Statutes 1994, section 609.205, is
amended to read:
609.205 [MANSLAUGHTER IN THE SECOND DEGREE.]
A person who causes the death of another by any of the
following means is guilty of manslaughter in the second degree
and may be sentenced to imprisonment for not more than ten years
or to payment of a fine of not more than $20,000, or both:
(1) by the person's culpable negligence whereby the person
creates an unreasonable risk, and consciously takes chances of
causing death or great bodily harm to another; or
(2) by shooting another with a firearm or other dangerous
weapon as a result of negligently believing the other to be a
deer or other animal; or
(3) by setting a spring gun, pit fall, deadfall, snare, or
other like dangerous weapon or device; or
(4) by negligently or intentionally permitting any animal,
known by the person to have vicious propensities or to have
caused great or substantial bodily harm in the past, to run
uncontrolled off the owner's premises, or negligently failing to
keep it properly confined; or
(5) by committing or attempting to commit a violation of
section 609.378 (neglect or endangerment of a child), and murder
in the first, second, or third degree is not committed thereby.
If proven by a preponderance of the evidence, it shall be
an affirmative defense to criminal liability under clause (4)
that the victim provoked the animal to cause the victim's death.
Sec. 15. Minnesota Statutes 1994, section 609.323,
subdivision 2, is amended to read:
Subd. 2. Whoever, not related by blood, adoption, or
marriage to the prostitute, while acting other than as a
prostitute or patron, intentionally receives profit, knowing or
having reason to know that it is derived from the prostitution,
or the promotion of the prostitution, of an individual in
circumstances described in section 609.322, subdivision 2,
clause (3), may be sentenced to not more than three years
imprisonment or to payment of a fine of not more than $5,000, or
both.
Sec. 16. Minnesota Statutes 1994, section 609.323,
subdivision 3, is amended to read:
Subd. 3. Whoever, not related by blood, adoption, or
marriage to the prostitute, while acting other than as a
prostitute or patron, intentionally receives profit, knowing or
having reason to know that it is derived from the prostitution,
or the promotion of the prostitution of an individual 18 years
of age or above may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000,
or both.
Sec. 17. Minnesota Statutes 1994, section 609.323, is
amended by adding a subdivision to read:
Subd. 3a. [EXCEPTIONS.] Subdivisions 1a, 2, and 3 do not
apply to a minor who is dependent on an individual acting as a
prostitute and who may have benefited from or been supported by
the individual's earnings derived from prostitution.
Sec. 18. Minnesota Statutes 1994, section 609.498,
subdivision 1, is amended to read:
Subdivision 1. [TAMPERING WITH A WITNESS IN THE FIRST
DEGREE.] Whoever does any of the following is guilty of
tampering with a witness in the first degree and may be
sentenced as provided in subdivision 1a:
(a) intentionally prevents or dissuades or intentionally
attempts to prevent or dissuade by means of force or threats of
injury to any person or property, a person who is or may become
a witness from attending or testifying at any trial, proceeding,
or inquiry authorized by law;
(b) by means of force or threats of injury to any person or
property, intentionally coerces or attempts to coerce a person
who is or may become a witness to testify falsely at any trial,
proceeding, or inquiry authorized by law;
(c) intentionally causes injury or threatens to cause
injury to any person or property in retaliation against a person
who was summoned as a witness at any trial, proceeding, or
inquiry authorized by law, within a year following that trial,
proceeding, or inquiry or within a year following the actor's
release from incarceration, whichever is later;
(d) intentionally prevents or dissuades or attempts to
prevent or dissuade, by means of force or threats of injury to
any person or property, a person from providing information to
law enforcement authorities concerning a crime;
(e) by means of force or threats of injury to any person or
property, intentionally coerces or attempts to coerce a person
to provide false information concerning a crime to law
enforcement authorities; or
(f) intentionally causes injury or threatens to cause
injury to any person or property in retaliation against a person
who has provided information to law enforcement authorities
concerning a crime within a year of that person providing the
information or within a year of the actor's release from
incarceration, whichever is later.
Sec. 19. [609.5051] [CRIMINAL ALERT NETWORK; DISSEMINATION
OF FALSE OR MISLEADING INFORMATION PROHIBITED.]
Whoever uses the criminal alert network under section
299A.61 to disseminate information regarding the commission of a
crime knowing that it is false or misleading, is guilty of a
misdemeanor.
Sec. 20. Minnesota Statutes 1994, section 609.52,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] In this section:
(1) "Property" means all forms of tangible property,
whether real or personal, without limitation including documents
of value, electricity, gas, water, corpses, domestic animals,
dogs, pets, fowl, and heat supplied by pipe or conduit by
municipalities or public utility companies and articles, as
defined in clause (4), representing trade secrets, which
articles shall be deemed for the purposes of Extra Session Laws
1967, chapter 15 to include any trade secret represented by the
article.
(2) "Movable property" is property whose physical location
can be changed, including without limitation things growing on,
affixed to, or found in land.
(3) "Value" means the retail market value at the time of
the theft, or if the retail market value cannot be ascertained,
the cost of replacement of the property within a reasonable time
after the theft, or in the case of a theft or the making of a
copy of an article representing a trade secret, where the retail
market value or replacement cost cannot be ascertained, any
reasonable value representing the damage to the owner which the
owner has suffered by reason of losing an advantage over those
who do not know of or use the trade secret. For a check, draft,
or other order for the payment of money, "value" means the
amount of money promised or ordered to be paid under the terms
of the check, draft, or other order. For a theft committed
within the meaning of subdivision 2, clause (5), (a) and (b), if
the property has been restored to the owner, "value" means the
value of the use of the property or the damage which it
sustained, whichever is greater, while the owner was deprived of
its possession, but not exceeding the value otherwise provided
herein.
(4) "Article" means any object, material, device or
substance, including any writing, record, recording, drawing,
sample specimen, prototype, model, photograph, microorganism,
blueprint or map, or any copy of any of the foregoing.
(5) "Representing" means describing, depicting, containing,
constituting, reflecting or recording.
(6) "Trade secret" means information, including a formula,
pattern, compilation, program, device, method, technique, or
process, that:
(i) derives independent economic value, actual or
potential, from not being generally known to, and not being
readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under
the circumstances to maintain its secrecy.
(7) "Copy" means any facsimile, replica, photograph or
other reproduction of an article, and any note, drawing, or
sketch made of or from an article while in the presence of the
article.
(8) "Property of another" includes property in which the
actor is coowner or has a lien, pledge, bailment, or lease or
other subordinate interest, and property of a partnership of
which the actor is a member, unless the actor and the victim are
husband and wife. It does not include property in which the
actor asserts in good faith a claim as a collection fee or
commission out of property or funds recovered, or by virtue of a
lien, setoff, or counterclaim.
(9) "Services" include but are not limited to labor,
professional services, transportation services, electronic
computer services, the supplying of hotel accommodations,
restaurant services, entertainment services, advertising
services, telecommunication services, and the supplying of
equipment for use.
(10) "Motor vehicle" means a self-propelled device for
moving persons or property or pulling implements from one place
to another, whether the device is operated on land, rails,
water, or in the air.
Sec. 21. Minnesota Statutes 1994, section 609.5312, is
amended by adding a subdivision to read:
Subd. 4. [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.]
(a) A motor vehicle is subject to forfeiture under this
subdivision if it was used to commit a violation of section
609.487 and endanger life or property. A motor vehicle is
subject to forfeiture under this subdivision only if the offense
is established by proof of a criminal conviction for the
offense. Except as otherwise provided in this subdivision, a
forfeiture under this subdivision is governed by sections
609.531, 609.5312, 609.5313, and 609.5315, subdivision 6.
(b) When a motor vehicle subject to forfeiture under this
subdivision is seized in advance of a judicial forfeiture order,
a hearing before a judge or referee must be held within 96 hours
of the seizure. Notice of the hearing must be given to the
registered owner within 48 hours of the seizure. The
prosecuting authority shall certify to the court, at or in
advance of the hearing, that it has filed or intends to file
charges against the alleged violator for violating section
609.487. After conducting the hearing, the court shall order
that the motor vehicle be returned to the owner if:
(1) the prosecutor has failed to make the certification
required by this paragraph;
(2) the owner of the motor vehicle has demonstrated to the
court's satisfaction that the owner has a defense to the
forfeiture, including but not limited to the defenses contained
in subdivision 2; or
(3) the court determines that seizure of the vehicle
creates or would create an undue hardship for members of the
owner's family.
(c) If the defendant is acquitted or the charges against
the defendant are dismissed, neither the owner nor the defendant
is responsible for paying any costs associated with the seizure
or storage of the vehicle.
(d) A vehicle leased or rented under section 168.27,
subdivision 4, for a period of 180 days or less is not subject
to forfeiture under this subdivision.
Sec. 22. Minnesota Statutes 1994, section 609.582,
subdivision 1, is amended to read:
Subdivision 1. [BURGLARY IN THE FIRST DEGREE.] Whoever
enters a building without consent and with intent to commit a
crime, or enters a building without consent and commits a crime
while in the building, commits burglary in the first degree and
may be sentenced to imprisonment for not more than 20 years or
to payment of a fine of not more than $35,000, or both, if:
(a) the building is a dwelling and another person, not an
accomplice, is present in it when the burglar enters or at any
time while the burglar is in the building;
(b) the burglar possesses, when entering or at any time
while in the building, any of the following: a dangerous
weapon, any article used or fashioned in a manner to lead the
victim to reasonably believe it to be a dangerous weapon, or an
explosive; or
(c) the burglar assaults a person within the building or on
the building's appurtenant property.
Sec. 23. [609.669] [CIVIL DISORDER.]
Subdivision 1. [PROHIBITED ACTS.] (a) A person is guilty
of a gross misdemeanor who:
(1) teaches or demonstrates to any other person how to use
or make any firearm, or explosive or incendiary device capable
of causing injury or death, knowing or having reason to know
that it will be unlawfully employed for use in, or in
furtherance of, a civil disorder; or
(2) assembles with one or more persons for the purpose of
training with, practicing with, or being instructed in the use
of any firearm, or explosive or incendiary device capable of
causing injury or death, with the intent that it be unlawfully
employed for use in, or in furtherance of, a civil disorder.
(b) This section does not apply to law enforcement officers
engaged in the lawful performance of the officer's official
duties.
Subd. 2. [DEFINITIONS.] For purposes of this section, the
following terms have the meanings given them:
(1) "civil disorder" means any public disturbance involving
acts of violence by assemblages of three or more persons, which
causes an immediate danger of or results in damage or injury to
the property or person of any other individual;
(2) "firearm" means any weapon which is designed to or may
readily be converted to expel any projectile by the action of an
explosive; or the frame or receiver of any such weapon;
(3) "explosive or incendiary device" has the meaning given
in section 609.668, subdivision 1; and
(4) "law enforcement officer" means any officer or employee
of the United States, the state, or any political subdivision of
the state, and specifically includes members of the National
Guard and members of the armed forces of the United States.
Sec. 24. Minnesota Statutes 1994, section 609.713,
subdivision 1, is amended to read:
Subdivision 1. Whoever threatens, directly or indirectly,
to commit any crime of violence with purpose to terrorize
another or to cause evacuation of a building, place of assembly,
vehicle or facility of public transportation or otherwise to
cause serious public inconvenience, or in a reckless disregard
of the risk of causing such terror or inconvenience may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both. As used in
this subdivision, "crime of violence" has the meaning given
"violent crime" in section 609.152, subdivision 1, paragraph (d).
Sec. 25. Minnesota Statutes 1994, section 609.713,
subdivision 2, is amended to read:
Subd. 2. Whoever communicates to another with purpose to
terrorize another or in reckless disregard of the risk of
causing such terror, that explosives or an explosive device or
any incendiary device is present at a named place or location,
whether or not the same is in fact present, may be sentenced to
imprisonment for not more than three years or to payment of a
fine of not more than $3,000, or both.
Sec. 26. Minnesota Statutes 1994, section 617.80,
subdivision 2, is amended to read:
Subd. 2. [BUILDING.] "Building" means a structure suitable
for human shelter, a commercial structure that is maintained for
business activities that involve human occupation, or any
portion of such structures the structure, or the land
surrounding the structure. If the building is a multiunit
dwelling, a hotel or motel, or a commercial or office building,
the term "building," for purposes of sections 617.80 to 617.87,
means only the portion of the building within or outside the
structure in which a nuisance is maintained or permitted, such
as a dwelling unit, room, suite of rooms, office, common area,
storage area, garage, or parking area.
Sec. 27. Minnesota Statutes 1994, section 617.80,
subdivision 4, is amended to read:
Subd. 4. [PROSTITUTION.] "Prostitution" or "prostitution-
related offenses activity" means the conduct defined in that
would violate sections 609.321 to 609.324.
Sec. 28. Minnesota Statutes 1994, section 617.80,
subdivision 5, is amended to read:
Subd. 5. [GAMBLING.] "Gambling" or "gambling-related
offenses activity" means the conduct described in that would
violate sections 609.75 to 609.762.
Sec. 29. Minnesota Statutes 1994, section 617.80,
subdivision 8, is amended to read:
Subd. 8. [INTERESTED PARTY.] "Interested party," for
purposes of sections 617.80 to 617.87, means any known lessee or
tenant of a building or affected portion of a building and; any
known agent of an owner, lessee, or tenant; or any other person
who maintains or permits a nuisance and is known to the city
attorney, county attorney, or attorney general.
Sec. 30. Minnesota Statutes 1994, section 617.80, is
amended by adding a subdivision to read:
Subd. 9. [PROSECUTING ATTORNEY.] "Prosecuting attorney"
means the attorney general, county attorney, city attorney, or
attorney serving the jurisdiction where the nuisance is located.
Sec. 31. Minnesota Statutes 1994, section 617.81,
subdivision 2, is amended to read:
Subd. 2. [ACTS CONSTITUTING A NUISANCE.] (a) For purposes
of sections 617.80 to 617.87, a public nuisance exists upon
proof of three or more misdemeanor convictions or two or more
convictions, of which at least one is a gross misdemeanor or
felony, within the previous two years for two or more separate
behavioral incidents of one or more of the following, committed
within the previous 12 months within the building, or if the
building contains more than one rental unit: (1) within a
single rental unit; or (2) within two or more rental units
leased or controlled by the same person:
(1) acts of prostitution or prostitution-related offenses
activity committed within the building;
(2) acts of gambling or gambling-related offenses activity
committed within the building;
(3) keeping or permitting a disorderly house within the
building;
(4) unlawful sale or, possession, storage, delivery,
giving, manufacture, cultivation, or use of controlled
substances committed within the building;
(5) unlicensed sales of alcoholic beverages committed
within the building in violation of section 340A.401;
(6) unlawful sales or gifts of alcoholic beverages by an
unlicensed person committed within the building in violation of
section 340A.503, subdivision 2, clause (1); or
(7) unlawful use or possession of a firearm in violation of
section 609.66, subdivision 1a, 609.67, or 624.713, committed
within the building.
(b) A second or subsequent conviction under paragraph (a)
may be used to prove the existence of a nuisance if the conduct
on which the second or subsequent conviction is based occurred
within two years following the first conviction, regardless of
the date of the conviction for the second or subsequent offense.
Proof of a nuisance exists if each of the elements of the
conduct constituting the nuisance is established by clear and
convincing evidence.
Sec. 32. Minnesota Statutes 1994, section 617.81, is
amended by adding a subdivision to read:
Subd. 4. [NOTICE.] (a) If a prosecuting attorney has
reason to believe that a nuisance is maintained or permitted in
the jurisdiction the prosecuting attorney serves, and intends to
seek abatement of the nuisance, the prosecuting attorney shall
provide the written notice described in paragraph (b), by
personal service or certified mail, return receipt requested, to
the owner and all interested parties known to the prosecuting
attorney.
(b) The written notice must:
(1) state that a nuisance as defined in subdivision 2 is
maintained or permitted in the building and must specify the
kind or kinds of nuisance being maintained or permitted;
(2) summarize the evidence that a nuisance is maintained or
permitted in the building, including the dates on which
nuisance-related activities are alleged to have occurred;
(3) inform the recipient that failure to abate the conduct
constituting the nuisance or to otherwise resolve the matter
with the prosecuting attorney within 30 days of service of the
notice may result in the filing of a complaint for relief in
district court that could, among other remedies, result in
enjoining the use of the building for any purpose for one year
or, in the case of a tenant, could result in cancellation of the
lease; and
(4) inform the owner of the options available under section
617.85.
Sec. 33. Minnesota Statutes 1994, section 617.82, is
amended to read:
617.82 [TEMPORARY ORDER.]
Whenever a city attorney, county attorney, or the attorney
general prosecuting attorney has cause to believe that a
nuisance described in section 617.81, subdivision 2, exists
within the jurisdiction the attorney serves, that the
prosecuting attorney may by verified petition seek a temporary
injunction in district court in the county in which the alleged
public nuisance exists, provided that at least 30 days have
expired since service of the notice required under section
617.81, subdivision 4. No temporary injunction may be issued
without a prior show cause notice of hearing to the respondents
named in the petition and an opportunity for the respondents to
be heard. Upon proof of a nuisance described in section 617.81,
subdivision 2, the court shall issue a temporary injunction.
Any temporary injunction issued must describe the conduct to be
enjoined.
Sec. 34. Minnesota Statutes 1994, section 617.85, is
amended to read:
617.85 [NUISANCE; MOTION TO CANCEL LEASE.]
Where notice is provided under section 617.81, subdivision
4, that an abatement of a nuisance is sought and the
circumstances that are the basis for the requested abatement
involved the acts of a commercial or residential tenant or
lessee of part or all of a building, the owner of the building
that is subject to the abatement proceeding may file before the
court that has jurisdiction over the abatement proceeding a
motion to cancel the lease or otherwise secure restitution of
the premises from the tenant or lessee who has maintained or
conducted the nuisance. The owner may assign to the prosecuting
attorney the right to file this motion. In addition to the
grounds provided in chapter 566, the maintaining or conducting
of a nuisance as defined in section 617.81, subdivision 2, by a
tenant or lessee, is an additional ground authorized by law for
seeking the cancellation of a lease or the restitution of the
premises. It is no defense to a motion under this section by
the owner or the prosecuting attorney that the lease or other
agreement controlling the tenancy or leasehold does not provide
for eviction or cancellation of the lease upon the ground
provided in this section.
Upon a finding by the court that the tenant or lessee has
maintained or conducted a nuisance in any portion of the
building under the control of the tenant or lessee, the court
shall order cancellation of the lease or tenancy and grant
restitution of the premises to the owner. The court must not
order abatement of the premises if the court:
(a) upon the motion of the building owner cancels a lease
or tenancy and grants restitution of that portion of the
premises to the owner; and
(b) further finds that the acts constituting the nuisance
as defined in section 617.81, subdivision 2, were committed in a
portion of the building under the control of by the tenant or
lessee whose lease or tenancy has been canceled pursuant to this
section and the tenant or lessee was not committing the acts in
conjunction with or under the control of the owner.
Sec. 35. Minnesota Statutes 1994, section 624.731,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section:
(a) "authorized tear gas compound" means a lachrymator or
any substance composed of a mixture of a lachrymator including
chloroacetophenone, alpha-chloroacetophenone;
phenylchloromethylketone, orthochlorobenzalmalononitrile or
oleoresin capsicum, commonly known as tear gas; and
(b) "electronic incapacitation device" means a portable
device which is designed or intended by the manufacturer to be
used, offensively or defensively, to temporarily immobilize or
incapacitate persons by means of electric pulse or current,
including devices operating by means of carbon dioxide
propellant. "Electronic incapacitation device" does not include
cattle prods, electric fences, or other electric devices which
are when used in agricultural, animal husbandry, or food
production activities.
Sec. 36. Minnesota Statutes 1994, section 624.731,
subdivision 8, is amended to read:
Subd. 8. [PENALTIES.] (a) The following violations of this
section shall be considered a felony:
(1) The possession or use of tear gas, a tear gas compound,
an authorized tear gas compound, or an electronic incapacitation
device by a person specified in subdivision 3, paragraph (b).
(2) Knowingly selling or furnishing of tear gas, a tear gas
compound, an authorized tear gas compound, or an electronic
incapacitation device to a person specified in subdivision 3,
paragraph (b).
(3) The use of an electronic incapacitation device as
prohibited in subdivision 4, paragraph (a).
(4) The use of tear gas or a tear gas compound as
prohibited in subdivision 4, paragraph (d).
(b) The following violation of this section shall be
considered a gross misdemeanor: (1) The prohibited use of tear
gas, a tear gas compound, or an authorized tear gas compound as
specified in subdivision 4, paragraph (a); (2) the use of an
electronic incapacitation device except as allowed by
subdivision 2 or 6.
(c) The following violations of this section shall be
considered a misdemeanor:
(1) The possession or use of tear gas, a tear gas compound,
an authorized tear gas compound, or an electronic incapacitation
device which fails to meet the requirements of subdivision 2 by
any person except as allowed by subdivision 6.
(2) The possession or use of an authorized tear gas
compound or an electronic incapacitation device by a person
specified in subdivision 3, paragraph (a) or (c).
(3) The use of tear gas, a tear gas compound, or an
authorized tear gas compound, or an electronic incapacitation
device except as allowed by subdivision 2 or 6.
(4) Knowingly selling or furnishing an authorized tear gas
compound or an electronic incapacitation device to a person
specified in subdivision 3, paragraph (a) or (c).
(5) Selling or furnishing of tear gas or a tear gas
compound other than an authorized tear gas compound to any
person except as allowed by subdivision 6.
(6) Selling or furnishing of an authorized tear gas
compound or an electronic incapacitation device on premises
where intoxicating liquor is sold on an on-sale or off-sale
basis or where 3.2 percent malt liquor is sold on an on-sale
basis.
(7) Selling an authorized tear gas compound or an
electronic incapacitation device in violation of local licensing
requirements.
Sec. 37. Minnesota Statutes 1994, section 626.13, is
amended to read:
626.13 [SERVICE; PERSONS MAKING.]
A search warrant may in all cases be served anywhere within
the issuing judge's county by any of the officers mentioned in
its directions, but by no other person, except in aid of the
officer on the officer's requiring it, the officer being present
and acting in its execution. If the warrant is to be served by
an agent of the bureau of criminal apprehension, an agent of the
division of gambling enforcement, a state patrol trooper, or a
conservation officer, the agent, state patrol trooper, or
conservation officer shall notify the chief of police of an
organized full-time police department of the municipality or, if
there is no such local chief of police, the sheriff or a deputy
sheriff of the county in which service is to be made prior to
execution.
Sec. 38. Minnesota Statutes 1994, section 626.53, is
amended to read:
626.53 [REPORT BY TELEPHONE AND LETTER.]
Subdivision 1. [REPORTS TO SHERIFFS AND POLICE CHIEFS.]
The report required by section 626.52, subdivision 2, shall be
made forthwith by telephone or in person, and shall be promptly
supplemented by letter, enclosed in a securely sealed, postpaid
envelope, addressed to the sheriff of the county in which the
wound is examined, dressed, or otherwise treated; except that,
if the place in which the patient is treated for such injury or
the patient's wound dressed or bandaged be in a city of the
first, second, or third class, such report shall be made and
transmitted as herein provided to the chief of police of such
city instead of the sheriff. Except as otherwise provided in
subdivision 2, the office of any such sheriff and of any such
chief of police shall keep the report as a confidential
communication and shall not disclose the name of the person
making the same, and the party making the report shall not by
reason thereof be subpoenaed, examined, or forced to testify in
court as a consequence of having made such a report.
Subd. 2. [REPORTS TO DEPARTMENT OF HEALTH.] Upon receiving
a report of a wound caused by or arising from the discharge of a
firearm, the sheriff or chief of police shall forward the
information contained in the report to the commissioner of
health. The commissioner of health shall keep the report as a
confidential communication, as provided under subdivision 1.
The commissioner shall maintain a statewide, computerized record
system containing summary data, as defined in section 13.02, on
information received under this subdivision.
Sec. 39. Minnesota Statutes 1994, section 629.715,
subdivision 1, is amended to read:
Subdivision 1. [JUDICIAL REVIEW; RELEASE.] (a) When a
person is arrested for a crime against the person, the judge
before whom the arrested person is taken shall review the facts
surrounding the arrest and detention. If the person was
arrested or detained for committing a crime of violence, as
defined in section 629.725, the prosecutor or other appropriate
person shall present relevant information involving the victim
or the victim's family's account of the alleged crime to the
judge to be considered in determining the arrested person's
release. The arrested person must be ordered released pending
trial or hearing on the person's personal recognizance or on an
order to appear or upon the execution of an unsecured bond in a
specified amount unless the judge determines that release (1)
will be inimical to public safety, (2) will create a threat of
bodily harm to the arrested person, the victim of the alleged
crime, or another, or (3) will not reasonably assure the
appearance of the arrested person at subsequent proceedings.
(b) If the judge determines release under paragraph (a) is
not advisable, the judge may impose any conditions of release
that will reasonably assure the appearance of the person for
subsequent proceedings, or will protect the victim of the
alleged crime, or may fix the amount of money bail without other
conditions upon which the arrested person may obtain release.
Sec. 40. [629.725] [NOTICE TO CRIME VICTIM REGARDING BAIL
HEARING OF ARRESTED OR DETAINED PERSON.]
When a person arrested or a juvenile detained for a crime
of violence or an attempted crime of violence is scheduled to be
reviewed under section 629.715 for release from pretrial
detention, the court shall make a reasonable and good faith
effort to notify the victim of the alleged crime. If the victim
is incapacitated or deceased, notice must be given to the
victim's family. If the victim is a minor, notice must be given
to the victim's parent or guardian. The notification must
include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person that can be
contacted for additional information; and
(4) a statement that the victim and the victim's family may
attend the review.
As used in this section, "crime of violence" has the
meaning given it in section 624.712, subdivision 5, and also
includes gross misdemeanor violations of section 609.224, and
nonfelony violations of sections 518B.01, 609.2231, 609.3451,
609.748, and 609.749.
Sec. 41. [629.735] [NOTICE TO LOCAL LAW ENFORCEMENT AGENCY
REGARDING RELEASE OF ARRESTED OR DETAINED PERSON.]
When a person arrested or a juvenile detained for a crime
of violence or an attempted crime of violence is about to be
released from pretrial detention, the agency having custody of
the arrested or detained person or its designee shall make a
reasonable and good faith effort before release to inform any
local law enforcement agencies known to be involved in the case,
if different from the agency having custody, of the following
matters:
(1) the conditions of release, if any;
(2) the time of release; and
(3) the time, date, and place of the next scheduled court
appearance of the arrested or detained person.
Sec. 42. [REPEALER.]
Minnesota Statutes 1994, section 617.81, subdivisions 2a
and 3, are repealed.
Sec. 43. [EFFECTIVE DATES.]
Sections 1 to 6 and 9 to 42 are effective August 1, 1995,
and apply to crimes committed on or after that date.
Sections 7 (343.235) and 8 (343.29) are effective the day
following final enactment.
Presented to the governor May 30, 1995
Signed by the governor June 1, 1995, 11:15 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes