Bill Text: MN HF3017 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public Safety Department; outdated and redundant statutes amended and repealed, and report required on collection of data on victims of domestic abuse.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-05-12 - Secretary of State Chapter 212 05/09/14 [HF3017 Detail]
Download: Minnesota-2013-HF3017-Engrossed.html
Bill Title: Public Safety Department; outdated and redundant statutes amended and repealed, and report required on collection of data on victims of domestic abuse.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-05-12 - Secretary of State Chapter 212 05/09/14 [HF3017 Detail]
Download: Minnesota-2013-HF3017-Engrossed.html
1.2relating to public safety; amending and repealing outdated and redundant statutes;
1.3modifying provisions related to the Violent Crime Coordinating Council;
1.4providing grants for support services to victims of sexual assault and victims of
1.5crime; requiring a report on collection of data on victims of domestic abuse;
1.6amending Minnesota Statutes 2012, sections 13.823; 15.0591, subdivision 2;
1.7299A.642, subdivisions 1, 3; 299C.05; 299C.111; 403.025, subdivision 7; 403.05,
1.8subdivision 1; 403.08, subdivision 10; 518B.01, subdivision 21; 611A.0311,
1.9subdivision 2; 611A.37, subdivision 5; 611A.76; 629.342, subdivision 2;
1.10Minnesota Statutes 2013 Supplement, sections 13.82, subdivision 5; 403.11,
1.11subdivision 1; 611A.02, subdivisions 2, 3; proposing coding for new law in
1.12Minnesota Statutes, chapter 611A; repealing Minnesota Statutes 2012, sections
1.13237.83, subdivision 4; 299A.63; 299C.01, subdivision 1; 299C.04; 299C.145,
1.14subdivision 4; 299C.19; 299C.20; 299C.215; 299C.30; 299C.31; 299C.32;
1.15299C.33; 299C.34; 299C.49; 299F.01, subdivision 1; 299F.04, subdivision 3a;
1.16299F.37; 403.02, subdivision 15; 611A.02, subdivision 1; 611A.0311, subdivision
1.173; 611A.21; 611A.22; 611A.221; 611A.36; 611A.41; 611A.43; 611A.78.
1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.21 Section 1. Minnesota Statutes 2013 Supplement, section 13.82, subdivision 5, is
1.22amended to read:
1.23 Subd. 5. Domestic abuse data. The written police report required by section
1.24629.341, subdivision 4
, of an alleged incident described in section
629.341, subdivision
1.251 , and arrest data, request for service data, and response or incident data described in
1.26subdivision 2, 3, or 6 that arise out of this type of incident or out of an alleged violation of
1.27an order for protection must be released upon request at no cost to the victim of domestic
1.28abuse, the victim's attorney, or an organization designated by the Office of Justice
1.29Programs in the Department of Public Safety as providing services to victims of domestic
2.1abuse. The executive director or the commissioner of the appropriate state agency shall
2.2develop written criteria for this designationin consultation with the Advisory Council
2.3on Battered Women and Domestic Abuse.
2.4 Sec. 2. Minnesota Statutes 2012, section 13.823, is amended to read:
2.513.823 DOMESTIC ABUSE OR SEXUAL ATTACK PROGRAMS.
2.6 Subdivision 1. Definitions. For purposes of this section:
2.7(1) "domestic abuse" has the meaning given in section518B.01, subdivision 2 ; and
2.8(2) "sexualattack assault" has the meaning given in section
611A.21
2.9subdivision2 4.
2.10 Subd. 2. Provisions not applicable. Except as otherwise provided in this
2.11subdivision, a program that provides shelter or support services to victims of domestic
2.12abuse or a sexualattack assault and whose employees or volunteers are not under the
2.13direct supervision of a government entity is not subject to this chapter, except that
2.14the program shall comply with sections13.822 ,
611A.32, subdivision 5 ,
611A.371,
2.15subdivision 3 , and
611A.46 .
2.16 Sec. 3. Minnesota Statutes 2012, section 15.0591, subdivision 2, is amended to read:
2.17 Subd. 2. Bodies affected. A member meeting the qualifications in subdivision 1
2.18must be appointed to the following boards, commissions, advisory councils, task forces,
2.19or committees:
2.20(1) Advisory Council on Battered Women and Domestic Abuse;
2.21(2) (1) Advisory Task Force on the Use of State Facilities;
2.22(3) (2) Alcohol and Other Drug Abuse Advisory Council;
2.23(4) (3) Board of Examiners for Nursing Home Administrators;
2.24(5) (4) Board on Aging;
2.25(6) (5) Chiropractic Examiners Board;
2.26(7) (6) Council on Disability;
2.27(8) (7) Council on Affairs of Chicano/Latino People;
2.28(9) (8) Council on Black Minnesotans;
2.29(10) (9) Dentistry Board;
2.30(11) (10) Minnesota Office of Higher Education;
2.31(12) (11) Housing Finance Agency;
2.32(13) (12) Indian Advisory Council on Chemical Dependency;
2.33(14) (13) Medical Practice Board;
2.34(15) (14) Minnesota State Arts Board;
3.1(16) (15) Nursing Board;
3.2(17) (16) Optometry Board;
3.3(18) (17) Pharmacy Board;
3.4(19) (18) Board of Physical Therapy;
3.5(20) (19) Podiatry Board;
3.6(21) (20) Psychology Board.
3.7 Sec. 4. Minnesota Statutes 2012, section 299A.642, subdivision 1, is amended to read:
3.8 Subdivision 1. Coordinating council established. The Violent Crime Coordinating
3.9Council is established to provide guidance to law enforcement, prosecutors, and the
3.10Department of Public Safety on issues related to the investigation and prosecution of
3.11gang and drug crime. For the purposes of this section, "gang and drug crime" includes
3.12violent crimes associated with gang activity.
3.13 Sec. 5. Minnesota Statutes 2012, section 299A.642, subdivision 3, is amended to read:
3.14 Subd. 3. Coordinating council's duties. The coordinating council shalldevelop
3.15an overall strategy carry out the following duties in a manner that serves to ameliorate
3.16the harm caused to the public by gang and drug crime within the state of Minnesota.
3.17Additionally, the coordinating council shall:
3.18(1) subject to approval by the commissioner of public safety,develop update
3.19 an operating procedures and policies manual to investigate gang and drug crime in a
3.20multijurisdictional manner;
3.21(2) identify and recommend a candidate or candidates for statewide coordinator to
3.22the commissioner of public safety;
3.23(3) assist the Department of Public Safety indeveloping updating grant eligibility
3.24criteria and operating an objective and conflict-free grant review application process;
3.25(4) make recommendations to the commissioner of public safety to terminate grant
3.26funding for multijurisdictional entities if an entity no longer operates in accordance with
3.27subdivision 4, or no longer functions in a manner consistent with the best interests of
3.28the state or public;
3.29(5) assist in developing and updating a process to collect and share information to
3.30improve the investigation and prosecution of gang and drug offenses;
3.31(6)develop and approve an operational budget for the coordinating council;
3.32(7) develop and update policies that prohibit the improper use of personal
3.33characteristics such as race, color, national origin, gender, or religion to target individuals
3.34for law enforcement action, prosecution, or forfeiture action; and
4.1(8) (7) subject to approval by the commissioner of public safety, adopt narrowly
4.2tailored, objective criteria and identifying characteristics for use in determining whether
4.3individuals are or may be members of gangs involved in criminal activity. The council
4.4shall review and update the criteria and characteristics adopted under this clause every two
4.5years with the objective to ensure effectiveness and relevance to the accurate identification
4.6of subjects actively involved in criminal gang activity. As part of its review process, the
4.7council shall obtain input from members of communities that are impacted by criminal
4.8gang activity. Before adopting any changes under this clause, the council must submit its
4.9recommendations to the commissioner of public safety for approval.
4.10Actions taken by the council, including related comments, must be limited in scope
4.11to the duties prescribed under clauses (1) to (7).
4.12 Sec. 6. Minnesota Statutes 2012, section 518B.01, subdivision 21, is amended to read:
4.13 Subd. 21. Order for protection forms. The state court administrator, in
4.14consultation withthe Advisory Council on Battered Women and Domestic Abuse, city and
4.15county attorneys, and legal advocates who work with victims, shall develop a update the
4.16 uniform order for protection form thatwill facilitate facilitates the consistent enforcement
4.17of orders for protection throughout the state.
4.18 Sec. 7. Minnesota Statutes 2013 Supplement, section 611A.02, subdivision 2, is
4.19amended to read:
4.20 Subd. 2. Victims' rights. (a) The Office of Justice Programs in the Department of
4.21Public Safety shalldevelop update the two model notices of the rights of crime victims.
4.22(b) The initial notice of the rights of crime victims must be distributed by a peace
4.23officer to each victim, as defined in section611A.01 , at the time of initial contact with the
4.24victim. The notice must inform a victim of:
4.25(1) the victim's right to apply for reparations to cover losses, not including property
4.26losses, resulting from a violent crime and the telephone number to call to request an
4.27application;
4.28(2) the victim's right to request that the law enforcement agency withhold public
4.29access to data revealing the victim's identity under section13.82, subdivision 17 ,
4.30paragraph (d);
4.31(3) the additional rights of domestic abuse victims as described in section629.341 ;
4.32(4) information on the nearest crime victim assistance program or resource;
4.33(5) the victim's rights, if an offender is charged, to be informed of and participate in
4.34the prosecution process, including the right to request restitution; and
5.1(6) in homicide cases, information on rights and procedures available under sections
5.2524.2-803
,
524.3-614 , and
524.3-615 .
5.3(c) A supplemental notice of the rights of crime victims must be distributed by the
5.4city or county attorney's office to each victim, within a reasonable time after the offender
5.5is charged or petitioned. This notice must inform a victim of all the rights of crime victims
5.6under this chapter.
5.7 Sec. 8. Minnesota Statutes 2013 Supplement, section 611A.02, subdivision 3, is
5.8amended to read:
5.9 Subd. 3. Notice of rights of victims in juvenile court. (a) The Office of Justice
5.10Programs in the Department of Public Safety shalldevelop a update the notice of the rights
5.11of victims in juvenile court that explains:
5.12(1) the rights of victims in the juvenile court;
5.13(2) when a juvenile matter is public;
5.14(3) the procedures to be followed in juvenile court proceedings; and
5.15(4) other relevant matters.
5.16(b) The juvenile court shall distribute a copy of the notice to each victim of juvenile
5.17crime who attends a juvenile court proceeding, along with a notice of services for victims
5.18available in that judicial district.
5.19 Sec. 9. Minnesota Statutes 2012, section 611A.0311, subdivision 2, is amended to read:
5.20 Subd. 2. Contents of plan. Each county and city attorney shall develop and
5.21implement a written plan to expedite and improve the efficiency and just disposition of
5.22domestic abuse cases brought to the prosecuting authority. Domestic abuse advocates,
5.23law enforcement officials, and other interested members of the public must have an
5.24opportunity to assist in the development or adaptation of the plans in each jurisdiction.
5.25The commissioner shall make themodel plan and related training and technical assistance
5.26available to all city and county attorneys. All plans must state goals and contain policies
5.27and procedures to address the following matters:
5.28(1) early assignment of a trial prosecutor who has the responsibility of handling
5.29the domestic abuse case through disposition, whenever feasible, or, where applicable,
5.30probation revocation; and early contact between the trial prosecutor and the victim;
5.31(2) procedures to facilitate the earliest possible contact between the prosecutor's
5.32office and the victim for the purpose of acquainting the victim with the criminal justice
5.33process, the use of subpoenas, the victim's role as a witness in the prosecution, and the
5.34domestic abuse or victim services that are available;
6.1(3) procedures to coordinate the trial prosecutor's efforts with those of the domestic
6.2abuse advocate or victim advocate, where available, and to facilitate the early provision of
6.3advocacy services to the victim;
6.4(4) procedures to encourage the prosecution of all domestic abuse cases where a
6.5crime can be proven;
6.6(5) methods that will be used to identify, gather, and preserve evidence in addition to
6.7the victim's in-court testimony that will enhance the ability to prosecute a case when a
6.8victim is reluctant to assist, including but not limited to physical evidence of the victim's
6.9injury, evidence relating to the scene of the crime, eyewitness testimony, and statements of
6.10the victim made at or near the time of the injury;
6.11(6) procedures for educating local law enforcement agencies about the contents of
6.12the plan and their role in assisting with its implementation;
6.13(7) the use for subpoenas to victims and witnesses, where appropriate;
6.14(8) procedures for annual review of the plan to evaluate whether it is meeting its
6.15goals effectively and whether improvements are needed; and
6.16(9) a timetable for implementation.
6.17 Sec. 10. [611A.211] PROGRAMS FOR VICTIMS OF SEXUAL ASSAULT.
6.18 Subdivision 1. Grants. The commissioner of public safety shall award grants to
6.19programs which provide support services to victims of sexual assault. The commissioner
6.20shall also award grants for training, technical assistance, and for the development and
6.21implementation of education programs to increase public awareness of the causes of
6.22sexual assault, the solutions to preventing and ending sexual assault, and the problems
6.23faced by sexual assault victims.
6.24 Subd. 2. Applications. Any public or private nonprofit agency may apply to the
6.25commissioner for a grant to provide services to victims of sexual assault. The application
6.26shall be submitted in a form approved by the commissioner.
6.27 Subd. 3. Duties of grantees. Every public or private nonprofit agency which
6.28receives a grant to provide services to victims of sexual assault shall comply with rules of
6.29the commissioner related to the administration of the grant programs.
6.30 Subd. 4. Sexual assault. For the purposes of this section, "sexual assault" means
6.31any violation of Minnesota Statutes, sections 609.342 to 609.3453.
6.32 Sec. 11. Minnesota Statutes 2012, section 611A.37, subdivision 5, is amended to read:
7.1 Subd. 5. Designated shelter facility. "Designated shelter facility" means a facility
7.2that has applied to, and been approved by, thecenter Office of Justice Programs to provide
7.3shelter and services to battered women and their children.
7.4 Sec. 12. [611A.45] PROGRAMS FOR VICTIMS OF CRIME.
7.5 Subdivision 1. Grants. The commissioner of public safety shall award grants to
7.6programs which provide support services to victims of crime.
7.7 Subd. 2. Applications. Any public or private nonprofit agency may apply to the
7.8commissioner for a grant to provide services to victims of crime. The application shall be
7.9submitted in a form approved by the commissioner.
7.10 Subd. 3. Duties of grantees. Every public or private nonprofit agency which
7.11receives a grant to provide services to victims of crime shall comply with rules of the
7.12commissioner related to the administration of the grant programs.
7.13 Sec. 13. Minnesota Statutes 2012, section 611A.76, is amended to read:
7.14611A.76 CRIME VICTIM SERVICES TELEPHONE LINE.
7.15The commissioner of public safety shalloperate fund at least one statewide toll-free
7.1624-hour telephone line for the purpose of providing crime victims with referrals for victim
7.17services and resources.
7.18 Sec. 14. Minnesota Statutes 2012, section 629.342, subdivision 2, is amended to read:
7.19 Subd. 2. Policies required. (a)By July 1, 1993, Each law enforcement agency
7.20shall develop, adopt, and implement a written policy regarding arrest procedures for
7.21domestic abuse incidents. In the development of a policy, each law enforcement agency
7.22shall consult with domestic abuse advocates, community organizations, and other law
7.23enforcement agencies with expertise in the recognition and handling of domestic abuse
7.24incidents. The policy shall discourage dual arrests, include consideration of whether
7.25one of the parties acted in self defense, and provide guidance to officers concerning
7.26instances in which officers should remain at the scene of a domestic abuse incident until
7.27the likelihood of further imminent violence has been eliminated.
7.28(b) The Bureau of Criminal Apprehension, and the Board of Peace Officer Standards
7.29and Training,and the Advisory Council on Battered Women and Domestic Abuse
7.30appointed by the commissioner of corrections under section
611A.34, in consultation with
7.31the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association,and the
7.32Minnesota Police and Peace Officers Association, and a domestic violence statewide
7.33coalition shalldevelop a update the written model policy regarding arrest procedures
8.1for domestic abuse incidents for use by local law enforcement agencies. Each law
8.2enforcement agency may adopt the model policy in lieu of developing its own policy
8.3under the provisions of paragraph (a).
8.4(c) Local law enforcement agencies that have already developed a written policy
8.5regarding arrest procedures for domestic abuse incidents before July 1, 1992, are not
8.6required to develop a new policy but must review their policies and consider the written
8.7model policy developed under paragraph (b).
8.8 Sec. 15. DATA COLLECTION; DOMESTIC ABUSE.
8.9The commissioner of public safety, in consultation with the Minnesota Peace
8.10Officers Standards and Training Board and representatives from state, county, and
8.11municipal law enforcement agencies; prosecutors' offices; and programs providing
8.12services to domestic abuse victims, shall develop recommendations for the collection
8.13and reporting of comprehensive, statewide data on victims of domestic abuse as defined
8.14in Minnesota Statutes, section 518B.01, subdivision 2, including data related to law
8.15enforcement response, arrests, and prosecution. These recommendations shall be
8.16submitted to the legislature by January 15, 2016.
8.17 Sec. 16. REVISOR'S INSTRUCTION.
8.18(a) In the next and subsequent editions of Minnesota Statutes, the revisor of
8.19statutes shall change the headnote of section 13.823 from "DOMESTIC ABUSE OR
8.20SEXUAL ATTACK PROGRAMS" to "DOMESTIC ABUSE OR SEXUAL ASSAULT
8.21PROGRAMS."
8.22(b) The revisor of statutes shall make any necessary cross reference changes
8.23consistent with the renumbering of clauses in section 5.
8.24 Sec. 17. REPEALER.
8.25Minnesota Statutes 2012, sections 299A.63; 611A.02, subdivision 1; 611A.0311,
8.26subdivision 3; 611A.21; 611A.22; 611A.221; 611A.36; 611A.41; 611A.43; and 611A.78,
8.27 are repealed.
8.30 Section 1. Minnesota Statutes 2012, section 403.025, subdivision 7, is amended to read:
8.31 Subd. 7. Contractual requirements. (a) The state shall contract with the county
8.32or other governmental agencies operating public safety answering points and with the
9.1appropriate wire-line telecommunications service providers or other entities determined by
9.2the commissioner to be capable of providing effective and efficient components of the 911
9.3system for the operation, maintenance, enhancement, and expansion of the 911 system.
9.4(b) The state shall contract with the appropriate wireless telecommunications service
9.5providers for maintaining, enhancing, and expanding the 911 system.
9.6(c) (b) The contract language or subsequent amendments to the contract must
9.7include a description of the services to be furnished to the county or other governmental
9.8agencies operating public safety answering points. The contract language or subsequent
9.9amendments must include the terms of compensation based on the effective tariff or price
9.10list filed with the Public Utilities Commission or the prices agreed to by the parties.
9.11(d) (c) The contract language or subsequent amendments to contracts between the
9.12parties must contain a provision for resolving disputes.
9.13 Sec. 2. Minnesota Statutes 2012, section 403.05, subdivision 1, is amended to read:
9.14 Subdivision 1. Operate and maintain. Each county or any other governmental
9.15agency shall operate and maintain its 911 system to meet the requirements of governmental
9.16agencies whose services are available through the 911 system and to permit future
9.17expansion or enhancement of the system.Each county or any other governmental agency
9.18shall ensure that a 911 emergency call made with a wireless access device is automatically
9.19connected to and answered by the appropriate public safety answering point.
9.20 Sec. 3. Minnesota Statutes 2012, section 403.08, subdivision 10, is amended to read:
9.21 Subd. 10. Plan integration. Counties shall incorporate the statewide design when
9.22modifying county 911 plans to provide for integrating wireless 911 service into existing
9.23county 911 systems.The commissioner shall contract with the involved wireless service
9.24providers and 911 emergency telecommunications service providers to integrate cellular
9.25and other wireless services into existing 911 systems where feasible.
9.26 Sec. 4. Minnesota Statutes 2013 Supplement, section 403.11, subdivision 1, is
9.27amended to read:
9.28 Subdivision 1. Emergency telecommunications service fee; account. (a) Each
9.29customer of a wireless or wire-line switched or packet-based telecommunications service
9.30provider connected to the public switched telephone network that furnishes service capable
9.31of originating a 911 emergency telephone call is assessed a fee based upon the number
9.32of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
9.33maintenance and related improvements for trunking and central office switching equipment
10.1for 911 emergency telecommunications service, to offset administrative and staffing costs
10.2of the commissioner related to managing the 911 emergency telecommunications service
10.3program, to make distributions provided for in section403.113 , and to offset the costs,
10.4including administrative and staffing costs, incurred by the State Patrol Division of the
10.5Department of Public Safety in handling 911 emergency calls made from wireless phones.
10.6 (b) Money remaining in the 911 emergency telecommunications service account
10.7after all other obligations are paid must not cancel and is carried forward to subsequent
10.8years and may be appropriated from time to time to the commissioner to provide financial
10.9assistance to counties for the improvement of local emergency telecommunications
10.10services.The improvements may include providing access to 911 service for
10.11telecommunications service subscribers currently without access and upgrading existing
10.12911 service to include automatic number identification, local location identification,
10.13automatic location identification, and other improvements specified in revised county
10.14911 plans approved by the commissioner.
10.15 (c) The fee may not be less than eight cents nor more than 65 cents a month until
10.16June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
10.172009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
10.18not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
10.19each customer access line or other basic access service, including trunk equivalents as
10.20designated by the Public Utilities Commission for access charge purposes and including
10.21wireless telecommunications services. With the approval of the commissioner of
10.22management and budget, the commissioner of public safety shall establish the amount of
10.23the fee within the limits specified and inform the companies and carriers of the amount to
10.24be collected. When the revenue bonds authorized under section403.27, subdivision 1 ,
10.25have been fully paid or defeased, the commissioner shall reduce the fee to reflect that debt
10.26service on the bonds is no longer needed. The commissioner shall provide companies and
10.27carriers a minimum of 45 days' notice of each fee change. The fee must be the same for all
10.28customers, except that the fee imposed under this subdivision does not apply to prepaid
10.29wireless telecommunications service, which is instead subject to the fee imposed under
10.30section403.161, subdivision 1 , paragraph (a).
10.31 (d) The fee must be collected by each wireless or wire-line telecommunications
10.32service provider subject to the fee. Fees are payable to and must be submitted to the
10.33commissioner monthly before the 25th of each month following the month of collection,
10.34except that fees may be submitted quarterly if less than $250 a month is due, or annually if
10.35less than $25 a month is due. Receipts must be deposited in the state treasury and credited
11.1to a 911 emergency telecommunications service account in the special revenue fund. The
11.2money in the account may only be used for 911 telecommunications services.
11.3(e) This subdivision does not apply to customers of interexchange carriers.
11.4(f) The installation and recurring charges for integrating wireless 911 calls into
11.5enhanced 911 systems are eligible for payment by the commissioner if the 911 service
11.6provider is included in the statewide design plan and the charges are made pursuant to
11.7contract.
11.8(g) (e) Competitive local exchanges carriers holding certificates of authority from
11.9the Public Utilities Commission are eligible to receive payment for recurring 911 services.
11.10 Sec. 5. REPEALER.
11.11Minnesota Statutes 2012, section 403.02, subdivision 15, is repealed.
11.14 Section 1. REPEALER.
11.15Minnesota Statutes 2012, sections 299F.01, subdivision 1; 299F.04, subdivision 3a;
11.16and 299F.37, are repealed.
11.19 Section 1. Minnesota Statutes 2012, section 299C.05, is amended to read:
11.20299C.05 DIVISION OF CRIMINAL STATISTICS.
11.21There is hereby established within the bureau a Division of Criminal Statistics, and
11.22the superintendent, within the limits of membership herein prescribed, shall appoint a
11.23qualified statistician and one assistant to be in charge thereof. It shall be the duty of
11.24this division to collect, and preserve as a record of the bureau, information concerning
11.25the number and nature of offenses known to have been committed in the state, of the
11.26legal steps taken in connection therewith from the inception of the complaint to the final
11.27discharge of the defendant, and such other information as may be useful in the study
11.28of crime and the administration of justice. The information so collected and preserved
11.29shall include such data as may be requested by the United States Department of Justice,
11.30at Washington, under its national system of crime reporting. To the extent possible, the
11.31superintendent must utilize a nationally recognized system or standard approved by the
11.32Federal Bureau of Investigation to collect and preserve crime data.
12.1 Sec. 2. Minnesota Statutes 2012, section 299C.111, is amended to read:
12.2299C.111 SUSPENSE FILE REPORTING.
12.3(a) By June 1 and December 1 of each year, the superintendent shall:
12.4(1) provide an entity or individual having responsibility regarding identification
12.5data under section
299C.10 and the Criminal and Juvenile Justice Information Policy
12.6Group with summary data on the number of disposition records pertaining to the entity or
12.7individual that have not been linked to an arrest record; and
12.8(2) provide the Criminal and Juvenile Justice Information Policy Group with the
12.9number of identification records not entered on the automated fingerprint identification
12.10system and the criminal history files.
12.11(b) The superintendent shall immediately notify the appropriate entity or individual
12.12when a disposition record is received that cannot be linked to an arrest record.
12.13 Sec. 3. REPEALER.
12.14Minnesota Statutes 2012, sections 237.83, subdivision 4; 299C.01, subdivision 1;
12.15299C.04; 299C.145, subdivision 4; 299C.19; 299C.20; 299C.215; 299C.30; 299C.31;
12.16299C.32; 299C.33; 299C.34; and 299C.49, are repealed.
12.19 Section 1. REVISOR'S INSTRUCTION.
12.20The revisor of statutes, in consultation with the Department of Public Safety, shall
12.21prepare draft legislation showing technical and other necessary changes to Minnesota
12.22Statutes resulting from the repealers in articles 1, 2, 4, and 5, and submit it to the chairs
12.23and ranking minority members of the house of representatives and senate committees and
12.24divisions with jurisdiction over public safety and criminal justice by January 1, 2015.
1.3modifying provisions related to the Violent Crime Coordinating Council;
1.4providing grants for support services to victims of sexual assault and victims of
1.5crime; requiring a report on collection of data on victims of domestic abuse;
1.6amending Minnesota Statutes 2012, sections 13.823; 15.0591, subdivision 2;
1.7299A.642, subdivisions 1, 3; 299C.05; 299C.111; 403.025, subdivision 7; 403.05,
1.8subdivision 1; 403.08, subdivision 10; 518B.01, subdivision 21; 611A.0311,
1.9subdivision 2; 611A.37, subdivision 5; 611A.76; 629.342, subdivision 2;
1.10Minnesota Statutes 2013 Supplement, sections 13.82, subdivision 5; 403.11,
1.11subdivision 1; 611A.02, subdivisions 2, 3; proposing coding for new law in
1.12Minnesota Statutes, chapter 611A; repealing Minnesota Statutes 2012, sections
1.13237.83, subdivision 4; 299A.63; 299C.01, subdivision 1; 299C.04; 299C.145,
1.14subdivision 4; 299C.19; 299C.20; 299C.215; 299C.30; 299C.31; 299C.32;
1.15299C.33; 299C.34; 299C.49; 299F.01, subdivision 1; 299F.04, subdivision 3a;
1.16299F.37; 403.02, subdivision 15; 611A.02, subdivision 1; 611A.0311, subdivision
1.173; 611A.21; 611A.22; 611A.221; 611A.36; 611A.41; 611A.43; 611A.78.
1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.21 Section 1. Minnesota Statutes 2013 Supplement, section 13.82, subdivision 5, is
1.22amended to read:
1.23 Subd. 5. Domestic abuse data. The written police report required by section
1.251
1.26subdivision 2, 3, or 6 that arise out of this type of incident or out of an alleged violation of
1.27an order for protection must be released upon request at no cost to the victim of domestic
1.28abuse, the victim's attorney, or an organization designated by the Office of Justice
1.29Programs in the Department of Public Safety as providing services to victims of domestic
2.1abuse. The executive director or the commissioner of the appropriate state agency shall
2.2develop written criteria for this designation
2.3
2.4 Sec. 2. Minnesota Statutes 2012, section 13.823, is amended to read:
2.513.823 DOMESTIC ABUSE OR SEXUAL ATTACK PROGRAMS.
2.6 Subdivision 1. Definitions. For purposes of this section:
2.7(1) "domestic abuse" has the meaning given in section
2.8(2) "sexual
2.9subdivision
2.10 Subd. 2. Provisions not applicable. Except as otherwise provided in this
2.11subdivision, a program that provides shelter or support services to victims of domestic
2.12abuse or a sexual
2.13direct supervision of a government entity is not subject to this chapter, except that
2.14the program shall comply with sections
2.15subdivision 3
2.16 Sec. 3. Minnesota Statutes 2012, section 15.0591, subdivision 2, is amended to read:
2.17 Subd. 2. Bodies affected. A member meeting the qualifications in subdivision 1
2.18must be appointed to the following boards, commissions, advisory councils, task forces,
2.19or committees:
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
3.1
3.2
3.3
3.4
3.5
3.6
3.7 Sec. 4. Minnesota Statutes 2012, section 299A.642, subdivision 1, is amended to read:
3.8 Subdivision 1. Coordinating council established. The Violent Crime Coordinating
3.9Council is established to provide guidance to law enforcement, prosecutors, and the
3.10Department of Public Safety on issues related to the investigation and prosecution of
3.11gang and drug crime. For the purposes of this section, "gang and drug crime" includes
3.12violent crimes associated with gang activity.
3.13 Sec. 5. Minnesota Statutes 2012, section 299A.642, subdivision 3, is amended to read:
3.14 Subd. 3. Coordinating council's duties. The coordinating council shall
3.15
3.16the harm caused to the public by gang and drug crime within the state of Minnesota
3.17
3.18(1) subject to approval by the commissioner of public safety,
3.19 an operating procedures and policies manual to investigate gang and drug crime in a
3.20multijurisdictional manner;
3.21(2) identify and recommend a candidate or candidates for statewide coordinator to
3.22the commissioner of public safety;
3.23(3) assist the Department of Public Safety in
3.24criteria and operating an objective and conflict-free grant review application process;
3.25(4) make recommendations to the commissioner of public safety to terminate grant
3.26funding for multijurisdictional entities if an entity no longer operates in accordance with
3.27subdivision 4, or no longer functions in a manner consistent with the best interests of
3.28the state or public;
3.29(5) assist in developing and updating a process to collect and share information to
3.30improve the investigation and prosecution of gang and drug offenses;
3.31(6)
3.32
3.33characteristics such as race, color, national origin, gender, or religion to target individuals
3.34for law enforcement action, prosecution, or forfeiture action; and
4.1
4.2tailored, objective criteria and identifying characteristics for use in determining whether
4.3individuals are or may be members of gangs involved in criminal activity. The council
4.4shall review and update the criteria and characteristics adopted under this clause every two
4.5years with the objective to ensure effectiveness and relevance to the accurate identification
4.6of subjects actively involved in criminal gang activity. As part of its review process, the
4.7council shall obtain input from members of communities that are impacted by criminal
4.8gang activity. Before adopting any changes under this clause, the council must submit its
4.9recommendations to the commissioner of public safety for approval.
4.10Actions taken by the council, including related comments, must be limited in scope
4.11to the duties prescribed under clauses (1) to (7).
4.12 Sec. 6. Minnesota Statutes 2012, section 518B.01, subdivision 21, is amended to read:
4.13 Subd. 21. Order for protection forms. The state court administrator, in
4.14consultation with
4.15county attorneys
4.16 uniform order for protection form that
4.17of orders for protection throughout the state.
4.18 Sec. 7. Minnesota Statutes 2013 Supplement, section 611A.02, subdivision 2, is
4.19amended to read:
4.20 Subd. 2. Victims' rights. (a) The Office of Justice Programs in the Department of
4.21Public Safety shall
4.22(b) The initial notice of the rights of crime victims must be distributed by a peace
4.23officer to each victim, as defined in section
4.24victim. The notice must inform a victim of:
4.25(1) the victim's right to apply for reparations to cover losses, not including property
4.26losses, resulting from a violent crime and the telephone number to call to request an
4.27application;
4.28(2) the victim's right to request that the law enforcement agency withhold public
4.29access to data revealing the victim's identity under section
4.30paragraph (d);
4.31(3) the additional rights of domestic abuse victims as described in section
4.32(4) information on the nearest crime victim assistance program or resource;
4.33(5) the victim's rights, if an offender is charged, to be informed of and participate in
4.34the prosecution process, including the right to request restitution; and
5.1(6) in homicide cases, information on rights and procedures available under sections
5.3(c) A supplemental notice of the rights of crime victims must be distributed by the
5.4city or county attorney's office to each victim, within a reasonable time after the offender
5.5is charged or petitioned. This notice must inform a victim of all the rights of crime victims
5.6under this chapter.
5.7 Sec. 8. Minnesota Statutes 2013 Supplement, section 611A.02, subdivision 3, is
5.8amended to read:
5.9 Subd. 3. Notice of rights of victims in juvenile court. (a) The Office of Justice
5.10Programs in the Department of Public Safety shall
5.11of victims in juvenile court that explains:
5.12(1) the rights of victims in the juvenile court;
5.13(2) when a juvenile matter is public;
5.14(3) the procedures to be followed in juvenile court proceedings; and
5.15(4) other relevant matters.
5.16(b) The juvenile court shall distribute a copy of the notice to each victim of juvenile
5.17crime who attends a juvenile court proceeding, along with a notice of services for victims
5.18available in that judicial district.
5.19 Sec. 9. Minnesota Statutes 2012, section 611A.0311, subdivision 2, is amended to read:
5.20 Subd. 2. Contents of plan. Each county and city attorney shall develop and
5.21implement a written plan to expedite and improve the efficiency and just disposition of
5.22domestic abuse cases brought to the prosecuting authority. Domestic abuse advocates,
5.23law enforcement officials, and other interested members of the public must have an
5.24opportunity to assist in the development or adaptation of the plans in each jurisdiction.
5.25The commissioner shall make the
5.26available to all city and county attorneys. All plans must state goals and contain policies
5.27and procedures to address the following matters:
5.28(1) early assignment of a trial prosecutor who has the responsibility of handling
5.29the domestic abuse case through disposition, whenever feasible, or, where applicable,
5.30probation revocation; and early contact between the trial prosecutor and the victim;
5.31(2) procedures to facilitate the earliest possible contact between the prosecutor's
5.32office and the victim for the purpose of acquainting the victim with the criminal justice
5.33process, the use of subpoenas, the victim's role as a witness in the prosecution, and the
5.34domestic abuse or victim services that are available;
6.1(3) procedures to coordinate the trial prosecutor's efforts with those of the domestic
6.2abuse advocate or victim advocate, where available, and to facilitate the early provision of
6.3advocacy services to the victim;
6.4(4) procedures to encourage the prosecution of all domestic abuse cases where a
6.5crime can be proven;
6.6(5) methods that will be used to identify, gather, and preserve evidence in addition to
6.7the victim's in-court testimony that will enhance the ability to prosecute a case when a
6.8victim is reluctant to assist, including but not limited to physical evidence of the victim's
6.9injury, evidence relating to the scene of the crime, eyewitness testimony, and statements of
6.10the victim made at or near the time of the injury;
6.11(6) procedures for educating local law enforcement agencies about the contents of
6.12the plan and their role in assisting with its implementation;
6.13(7) the use for subpoenas to victims and witnesses, where appropriate;
6.14(8) procedures for annual review of the plan to evaluate whether it is meeting its
6.15goals effectively and whether improvements are needed; and
6.16(9) a timetable for implementation.
6.17 Sec. 10. [611A.211] PROGRAMS FOR VICTIMS OF SEXUAL ASSAULT.
6.18 Subdivision 1. Grants. The commissioner of public safety shall award grants to
6.19programs which provide support services to victims of sexual assault. The commissioner
6.20shall also award grants for training, technical assistance, and for the development and
6.21implementation of education programs to increase public awareness of the causes of
6.22sexual assault, the solutions to preventing and ending sexual assault, and the problems
6.23faced by sexual assault victims.
6.24 Subd. 2. Applications. Any public or private nonprofit agency may apply to the
6.25commissioner for a grant to provide services to victims of sexual assault. The application
6.26shall be submitted in a form approved by the commissioner.
6.27 Subd. 3. Duties of grantees. Every public or private nonprofit agency which
6.28receives a grant to provide services to victims of sexual assault shall comply with rules of
6.29the commissioner related to the administration of the grant programs.
6.30 Subd. 4. Sexual assault. For the purposes of this section, "sexual assault" means
6.31any violation of Minnesota Statutes, sections 609.342 to 609.3453.
6.32 Sec. 11. Minnesota Statutes 2012, section 611A.37, subdivision 5, is amended to read:
7.1 Subd. 5. Designated shelter facility. "Designated shelter facility" means a facility
7.2that has applied to, and been approved by, the
7.3shelter and services to battered women and their children.
7.4 Sec. 12. [611A.45] PROGRAMS FOR VICTIMS OF CRIME.
7.5 Subdivision 1. Grants. The commissioner of public safety shall award grants to
7.6programs which provide support services to victims of crime.
7.7 Subd. 2. Applications. Any public or private nonprofit agency may apply to the
7.8commissioner for a grant to provide services to victims of crime. The application shall be
7.9submitted in a form approved by the commissioner.
7.10 Subd. 3. Duties of grantees. Every public or private nonprofit agency which
7.11receives a grant to provide services to victims of crime shall comply with rules of the
7.12commissioner related to the administration of the grant programs.
7.13 Sec. 13. Minnesota Statutes 2012, section 611A.76, is amended to read:
7.14611A.76 CRIME VICTIM SERVICES TELEPHONE LINE.
7.15The commissioner of public safety shall
7.1624-hour telephone line for the purpose of providing crime victims with referrals for victim
7.17services and resources.
7.18 Sec. 14. Minnesota Statutes 2012, section 629.342, subdivision 2, is amended to read:
7.19 Subd. 2. Policies required. (a)
7.20shall develop, adopt, and implement a written policy regarding arrest procedures for
7.21domestic abuse incidents. In the development of a policy, each law enforcement agency
7.22shall consult with domestic abuse advocates, community organizations, and other law
7.23enforcement agencies with expertise in the recognition and handling of domestic abuse
7.24incidents. The policy shall discourage dual arrests, include consideration of whether
7.25one of the parties acted in self defense, and provide guidance to officers concerning
7.26instances in which officers should remain at the scene of a domestic abuse incident until
7.27the likelihood of further imminent violence has been eliminated.
7.28(b) The Bureau of Criminal Apprehension
7.29and Training,
7.30
7.31the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association,
7.32Minnesota Police and Peace Officers Association, and a domestic violence statewide
7.33coalition shall
8.1for domestic abuse incidents for use by local law enforcement agencies. Each law
8.2enforcement agency may adopt the model policy in lieu of developing its own policy
8.3under the provisions of paragraph (a).
8.4
8.5
8.6
8.7
8.8 Sec. 15. DATA COLLECTION; DOMESTIC ABUSE.
8.9The commissioner of public safety, in consultation with the Minnesota Peace
8.10Officers Standards and Training Board and representatives from state, county, and
8.11municipal law enforcement agencies; prosecutors' offices; and programs providing
8.12services to domestic abuse victims, shall develop recommendations for the collection
8.13and reporting of comprehensive, statewide data on victims of domestic abuse as defined
8.14in Minnesota Statutes, section 518B.01, subdivision 2, including data related to law
8.15enforcement response, arrests, and prosecution. These recommendations shall be
8.16submitted to the legislature by January 15, 2016.
8.17 Sec. 16. REVISOR'S INSTRUCTION.
8.18(a) In the next and subsequent editions of Minnesota Statutes, the revisor of
8.19statutes shall change the headnote of section 13.823 from "DOMESTIC ABUSE OR
8.20SEXUAL ATTACK PROGRAMS" to "DOMESTIC ABUSE OR SEXUAL ASSAULT
8.21PROGRAMS."
8.22(b) The revisor of statutes shall make any necessary cross reference changes
8.23consistent with the renumbering of clauses in section 5.
8.24 Sec. 17. REPEALER.
8.25Minnesota Statutes 2012, sections 299A.63; 611A.02, subdivision 1; 611A.0311,
8.26subdivision 3; 611A.21; 611A.22; 611A.221; 611A.36; 611A.41; 611A.43; and 611A.78,
8.27 are repealed.
8.30 Section 1. Minnesota Statutes 2012, section 403.025, subdivision 7, is amended to read:
8.31 Subd. 7. Contractual requirements. (a) The state shall contract with the county
8.32or other governmental agencies operating public safety answering points and with the
9.1appropriate wire-line telecommunications service providers or other entities determined by
9.2the commissioner to be capable of providing effective and efficient components of the 911
9.3system for the operation, maintenance, enhancement, and expansion of the 911 system.
9.4
9.5
9.6
9.7include a description of the services to be furnished to the county or other governmental
9.8agencies operating public safety answering points. The contract language or subsequent
9.9amendments must include the terms of compensation based on the effective tariff or price
9.10list filed with the Public Utilities Commission or the prices agreed to by the parties.
9.11
9.12parties must contain a provision for resolving disputes.
9.13 Sec. 2. Minnesota Statutes 2012, section 403.05, subdivision 1, is amended to read:
9.14 Subdivision 1. Operate and maintain. Each county or any other governmental
9.15agency shall operate and maintain its 911 system to meet the requirements of governmental
9.16agencies whose services are available through the 911 system and to permit future
9.17expansion or enhancement of the system.
9.18
9.19
9.20 Sec. 3. Minnesota Statutes 2012, section 403.08, subdivision 10, is amended to read:
9.21 Subd. 10. Plan integration. Counties shall incorporate the statewide design when
9.22modifying county 911 plans to provide for integrating wireless 911 service into existing
9.23county 911 systems.
9.24
9.25
9.26 Sec. 4. Minnesota Statutes 2013 Supplement, section 403.11, subdivision 1, is
9.27amended to read:
9.28 Subdivision 1. Emergency telecommunications service fee; account. (a) Each
9.29customer of a wireless or wire-line switched or packet-based telecommunications service
9.30provider connected to the public switched telephone network that furnishes service capable
9.31of originating a 911 emergency telephone call is assessed a fee based upon the number
9.32of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
9.33maintenance and related improvements for trunking and central office switching equipment
10.1for 911 emergency telecommunications service, to offset administrative and staffing costs
10.2of the commissioner related to managing the 911 emergency telecommunications service
10.3program, to make distributions provided for in section
10.4including administrative and staffing costs, incurred by the State Patrol Division of the
10.5Department of Public Safety in handling 911 emergency calls made from wireless phones.
10.6 (b) Money remaining in the 911 emergency telecommunications service account
10.7after all other obligations are paid must not cancel and is carried forward to subsequent
10.8years and may be appropriated from time to time to the commissioner to provide financial
10.9assistance to counties for the improvement of local emergency telecommunications
10.10services.
10.11
10.12
10.13
10.14
10.15 (c) The fee may not be less than eight cents nor more than 65 cents a month until
10.16June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
10.172009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
10.18not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
10.19each customer access line or other basic access service, including trunk equivalents as
10.20designated by the Public Utilities Commission for access charge purposes and including
10.21wireless telecommunications services. With the approval of the commissioner of
10.22management and budget, the commissioner of public safety shall establish the amount of
10.23the fee within the limits specified and inform the companies and carriers of the amount to
10.24be collected. When the revenue bonds authorized under section
10.25have been fully paid or defeased, the commissioner shall reduce the fee to reflect that debt
10.26service on the bonds is no longer needed. The commissioner shall provide companies and
10.27carriers a minimum of 45 days' notice of each fee change. The fee must be the same for all
10.28customers, except that the fee imposed under this subdivision does not apply to prepaid
10.29wireless telecommunications service, which is instead subject to the fee imposed under
10.30section
10.31 (d) The fee must be collected by each wireless or wire-line telecommunications
10.32service provider subject to the fee. Fees are payable to and must be submitted to the
10.33commissioner monthly before the 25th of each month following the month of collection,
10.34except that fees may be submitted quarterly if less than $250 a month is due, or annually if
10.35less than $25 a month is due. Receipts must be deposited in the state treasury and credited
11.1to a 911 emergency telecommunications service account in the special revenue fund. The
11.2money in the account may only be used for 911 telecommunications services.
11.3
11.4
11.5
11.6
11.7
11.8
11.9the Public Utilities Commission are eligible to receive payment for recurring 911 services.
11.10 Sec. 5. REPEALER.
11.11Minnesota Statutes 2012, section 403.02, subdivision 15, is repealed.
11.14 Section 1. REPEALER.
11.15Minnesota Statutes 2012, sections 299F.01, subdivision 1; 299F.04, subdivision 3a;
11.16and 299F.37, are repealed.
11.19 Section 1. Minnesota Statutes 2012, section 299C.05, is amended to read:
11.20299C.05 DIVISION OF CRIMINAL STATISTICS.
11.21
11.22
11.23
11.24this division to collect, and preserve as a record of the bureau, information concerning
11.25the number and nature of offenses known to have been committed in the state, of the
11.26legal steps taken in connection therewith from the inception of the complaint to the final
11.27discharge of the defendant, and such other information as may be useful in the study
11.28of crime and the administration of justice. The information so collected and preserved
11.29shall include such data as may be requested by the United States Department of Justice,
11.30at Washington, under its national system of crime reporting. To the extent possible, the
11.31superintendent must utilize a nationally recognized system or standard approved by the
11.32Federal Bureau of Investigation to collect and preserve crime data.
12.1 Sec. 2. Minnesota Statutes 2012, section 299C.111, is amended to read:
12.2299C.111 SUSPENSE FILE REPORTING.
12.3
12.4
12.5
12.6
12.7
12.8
12.9
12.10
12.11
12.12when a disposition record is received that cannot be linked to an arrest record.
12.13 Sec. 3. REPEALER.
12.14Minnesota Statutes 2012, sections 237.83, subdivision 4; 299C.01, subdivision 1;
12.15299C.04; 299C.145, subdivision 4; 299C.19; 299C.20; 299C.215; 299C.30; 299C.31;
12.16299C.32; 299C.33; 299C.34; and 299C.49, are repealed.
12.19 Section 1. REVISOR'S INSTRUCTION.
12.20The revisor of statutes, in consultation with the Department of Public Safety, shall
12.21prepare draft legislation showing technical and other necessary changes to Minnesota
12.22Statutes resulting from the repealers in articles 1, 2, 4, and 5, and submit it to the chairs
12.23and ranking minority members of the house of representatives and senate committees and
12.24divisions with jurisdiction over public safety and criminal justice by January 1, 2015.
