Bill Text: MN HF3017 | 2013-2014 | 88th Legislature | Introduced
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Bill Title: Public Safety Department; outdated and redundant statutes amended and repealed, and report required on collection of data on victims of domestic abuse.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-Introduced.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Bill Title: Public Safety Department; outdated and redundant statutes amended and repealed, and report required on collection of data on victims of domestic abuse.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-Introduced.html
1.2relating to public safety; amending and repealing outdated and redundant statutes;
1.3amending Minnesota Statutes 2012, sections 13.823; 15.0591, subdivision 2;
1.4299C.05; 299C.111; 403.025, subdivision 7; 403.05, subdivision 1; 403.08,
1.5subdivision 10; 518B.01, subdivision 21; 611A.0311, subdivision 2; 611A.37,
1.6subdivision 5; 611A.76; 629.342, subdivision 2; Minnesota Statutes 2013
1.7Supplement, sections 13.82, subdivision 5; 403.11, subdivision 1; 611A.02,
1.8subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapter
1.9611A; repealing Minnesota Statutes 2012, sections 237.83, subdivision 4;
1.10299A.63; 299C.01, subdivision 1; 299C.04; 299C.145, subdivision 4; 299C.19;
1.11299C.20; 299C.215; 299C.30; 299C.31; 299C.32; 299C.33; 299C.34; 299C.49;
1.12299F.01, subdivision 1; 299F.04, subdivision 3a; 299F.37; 403.02, subdivision
1.1315; 611A.02, subdivision 1; 611A.0311, subdivision 3; 611A.21; 611A.22;
1.14611A.221; 611A.41; 611A.43; 611A.78.
1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.18 Section 1. Minnesota Statutes 2013 Supplement, section 13.82, subdivision 5, is
1.19amended to read:
1.20 Subd. 5. Domestic abuse data. The written police report required by section
1.21629.341, subdivision 4
, of an alleged incident described in section
629.341, subdivision
1.221 , and arrest data, request for service data, and response or incident data described in
1.23subdivision 2, 3, or 6 that arise out of this type of incident or out of an alleged violation of
1.24an order for protection must be released upon request at no cost to the victim of domestic
1.25abuse, the victim's attorney, or an organization designated by the Office of Justice
1.26Programs in the Department of Public Safety as providing services to victims of domestic
1.27abuse. The executive director or the commissioner of the appropriate state agency shall
2.1develop written criteria for this designationin consultation with the Advisory Council
2.2on Battered Women and Domestic Abuse.
2.3 Sec. 2. Minnesota Statutes 2012, section 13.823, is amended to read:
2.413.823 DOMESTIC ABUSE OR SEXUAL ATTACK PROGRAMS.
2.5 Subdivision 1. Definitions. For purposes of this section:
2.6(1) "domestic abuse" has the meaning given in section518B.01, subdivision 2 ; and
2.7(2) "sexualattack assault" has the meaning given in section
611A.21
2.8subdivision2 4.
2.9 Subd. 2. Provisions not applicable. Except as otherwise provided in this
2.10subdivision, a program that provides shelter or support services to victims of domestic
2.11abuse or a sexualattack assault and whose employees or volunteers are not under the
2.12direct supervision of a government entity is not subject to this chapter, except that
2.13the program shall comply with sections13.822 ,
611A.32, subdivision 5 ,
611A.371,
2.14subdivision 3 , and
611A.46 .
2.15 Sec. 3. Minnesota Statutes 2012, section 15.0591, subdivision 2, is amended to read:
2.16 Subd. 2. Bodies affected. A member meeting the qualifications in subdivision 1
2.17must be appointed to the following boards, commissions, advisory councils, task forces,
2.18or committees:
2.19(1) Advisory Council on Battered Women and Domestic Abuse;
2.20(2) (1) Advisory Task Force on the Use of State Facilities;
2.21(3) (2) Alcohol and Other Drug Abuse Advisory Council;
2.22(4) (3) Board of Examiners for Nursing Home Administrators;
2.23(5) (4) Board on Aging;
2.24(6) (5) Chiropractic Examiners Board;
2.25(7) (6) Council on Disability;
2.26(8) (7) Council on Affairs of Chicano/Latino People;
2.27(9) (8) Council on Black Minnesotans;
2.28(10) (9) Dentistry Board;
2.29(11) (10) Minnesota Office of Higher Education;
2.30(12) (11) Housing Finance Agency;
2.31(13) (12) Indian Advisory Council on Chemical Dependency;
2.32(14) (13) Medical Practice Board;
2.33(15) (14) Minnesota State Arts Board;
2.34(16) (15) Nursing Board;
3.1(17) (16) Optometry Board;
3.2(18) (17) Pharmacy Board;
3.3(19) (18) Board of Physical Therapy;
3.4(20) (19) Podiatry Board;
3.5(21) (20) Psychology Board.
3.6 Sec. 4. Minnesota Statutes 2012, section 518B.01, subdivision 21, is amended to read:
3.7 Subd. 21. Order for protection forms. The state court administrator, in
3.8consultation withthe Advisory Council on Battered Women and Domestic Abuse, city and
3.9county attorneys, and legal advocates who work with victims, shall develop a update the
3.10 uniform order for protection form thatwill facilitate facilitates the consistent enforcement
3.11of orders for protection throughout the state.
3.12 Sec. 5. Minnesota Statutes 2013 Supplement, section 611A.02, subdivision 2, is
3.13amended to read:
3.14 Subd. 2. Victims' rights. (a) The Office of Justice Programs in the Department of
3.15Public Safety shalldevelop update the two model notices of the rights of crime victims.
3.16(b) The initial notice of the rights of crime victims must be distributed by a peace
3.17officer to each victim, as defined in section611A.01 , at the time of initial contact with the
3.18victim. The notice must inform a victim of:
3.19(1) the victim's right to apply for reparations to cover losses, not including property
3.20losses, resulting from a violent crime and the telephone number to call to request an
3.21application;
3.22(2) the victim's right to request that the law enforcement agency withhold public
3.23access to data revealing the victim's identity under section13.82, subdivision 17 ,
3.24paragraph (d);
3.25(3) the additional rights of domestic abuse victims as described in section629.341 ;
3.26(4) information on the nearest crime victim assistance program or resource;
3.27(5) the victim's rights, if an offender is charged, to be informed of and participate in
3.28the prosecution process, including the right to request restitution; and
3.29(6) in homicide cases, information on rights and procedures available under sections
3.30524.2-803
,
524.3-614 , and
524.3-615 .
3.31(c) A supplemental notice of the rights of crime victims must be distributed by the
3.32city or county attorney's office to each victim, within a reasonable time after the offender
3.33is charged or petitioned. This notice must inform a victim of all the rights of crime victims
3.34under this chapter.
4.1 Sec. 6. Minnesota Statutes 2013 Supplement, section 611A.02, subdivision 3, is
4.2amended to read:
4.3 Subd. 3. Notice of rights of victims in juvenile court. (a) The Office of Justice
4.4Programs in the Department of Public Safety shalldevelop a update the notice of the rights
4.5of victims in juvenile court that explains:
4.6(1) the rights of victims in the juvenile court;
4.7(2) when a juvenile matter is public;
4.8(3) the procedures to be followed in juvenile court proceedings; and
4.9(4) other relevant matters.
4.10(b) The juvenile court shall distribute a copy of the notice to each victim of juvenile
4.11crime who attends a juvenile court proceeding, along with a notice of services for victims
4.12available in that judicial district.
4.13 Sec. 7. Minnesota Statutes 2012, section 611A.0311, subdivision 2, is amended to read:
4.14 Subd. 2. Contents of plan. Each county and city attorney shall develop and
4.15implement a written plan to expedite and improve the efficiency and just disposition of
4.16domestic abuse cases brought to the prosecuting authority. Domestic abuse advocates,
4.17law enforcement officials, and other interested members of the public must have an
4.18opportunity to assist in the development or adaptation of the plans in each jurisdiction.
4.19The commissioner shall make themodel plan and related training and technical assistance
4.20available to all city and county attorneys. All plans must state goals and contain policies
4.21and procedures to address the following matters:
4.22(1) early assignment of a trial prosecutor who has the responsibility of handling
4.23the domestic abuse case through disposition, whenever feasible, or, where applicable,
4.24probation revocation; and early contact between the trial prosecutor and the victim;
4.25(2) procedures to facilitate the earliest possible contact between the prosecutor's
4.26office and the victim for the purpose of acquainting the victim with the criminal justice
4.27process, the use of subpoenas, the victim's role as a witness in the prosecution, and the
4.28domestic abuse or victim services that are available;
4.29(3) procedures to coordinate the trial prosecutor's efforts with those of the domestic
4.30abuse advocate or victim advocate, where available, and to facilitate the early provision of
4.31advocacy services to the victim;
4.32(4) procedures to encourage the prosecution of all domestic abuse cases where a
4.33crime can be proven;
4.34(5) methods that will be used to identify, gather, and preserve evidence in addition to
4.35the victim's in-court testimony that will enhance the ability to prosecute a case when a
5.1victim is reluctant to assist, including but not limited to physical evidence of the victim's
5.2injury, evidence relating to the scene of the crime, eyewitness testimony, and statements of
5.3the victim made at or near the time of the injury;
5.4(6) procedures for educating local law enforcement agencies about the contents of
5.5the plan and their role in assisting with its implementation;
5.6(7) the use for subpoenas to victims and witnesses, where appropriate;
5.7(8) procedures for annual review of the plan to evaluate whether it is meeting its
5.8goals effectively and whether improvements are needed; and
5.9(9) a timetable for implementation.
5.10 Sec. 8. [611A.211] PROGRAMS FOR VICTIMS OF SEXUAL ASSAULT.
5.11 Subdivision 1. Grants. The commissioner of public safety shall award grants to
5.12programs which provide support services to victims of sexual assault. The commissioner
5.13shall also award grants for training, technical assistance, and for the development and
5.14implementation of education programs to increase public awareness of the causes of
5.15sexual assault, the solutions to preventing and ending sexual assault, and the problems
5.16faced by sexual assault victims.
5.17 Subd. 2. Applications. Any public or private nonprofit agency may apply to the
5.18commissioner for a grant to provide services to victims of sexual assault. The application
5.19shall be submitted in a form approved by the commissioner.
5.20 Subd. 3. Duties of grantees. Every public or private nonprofit agency which
5.21receives a grant to provide services to victims of sexual assault shall comply with rules of
5.22the commissioner related to the administration of the grant programs.
5.23 Subd. 4. Sexual assault. For the purposes of this section, "sexual assault" means
5.24any violation of Minnesota Statutes, sections 609.322 and 609.342 to 609.3453.
5.25 Sec. 9. Minnesota Statutes 2012, section 611A.37, subdivision 5, is amended to read:
5.26 Subd. 5. Designated shelter facility. "Designated shelter facility" means a facility
5.27that has applied to, and been approved by, thecenter Office of Justice Programs to provide
5.28shelter and services to battered women and their children.
5.29 Sec. 10. [611A.45] PROGRAMS FOR VICTIMS OF CRIME.
5.30 Subdivision 1. Grants. The commissioner of public safety shall award grants to
5.31programs which provide support services to victims of crime.
6.1 Subd. 2. Applications. Any public or private nonprofit agency may apply to the
6.2commissioner for a grant to provide services to victims of crime. The application shall be
6.3submitted in a form approved by the commissioner.
6.4 Subd. 3. Duties of grantees. Every public or private nonprofit agency which
6.5receives a grant to provide services to victims of crime shall comply with rules of the
6.6commissioner related to the administration of the grant programs.
6.7 Sec. 11. Minnesota Statutes 2012, section 611A.76, is amended to read:
6.8611A.76 CRIME VICTIM SERVICES TELEPHONE LINE.
6.9The commissioner of public safety shalloperate fund at least one statewide toll-free
6.1024-hour telephone line for the purpose of providing crime victims with referrals for victim
6.11services and resources.
6.12 Sec. 12. Minnesota Statutes 2012, section 629.342, subdivision 2, is amended to read:
6.13 Subd. 2. Policies required. (a)By July 1, 1993, Each law enforcement agency
6.14shall develop, adopt, and implement a written policy regarding arrest procedures for
6.15domestic abuse incidents. In the development of a policy, each law enforcement agency
6.16shall consult with domestic abuse advocates, community organizations, and other law
6.17enforcement agencies with expertise in the recognition and handling of domestic abuse
6.18incidents. The policy shall discourage dual arrests, include consideration of whether
6.19one of the parties acted in self defense, and provide guidance to officers concerning
6.20instances in which officers should remain at the scene of a domestic abuse incident until
6.21the likelihood of further imminent violence has been eliminated.
6.22(b) The Bureau of Criminal Apprehension, and the Board of Peace Officer Standards
6.23and Training,and the Advisory Council on Battered Women and Domestic Abuse
6.24appointed by the commissioner of corrections under section
611A.34, in consultation with
6.25the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association,and the
6.26Minnesota Police and Peace Officers Association, and a domestic violence statewide
6.27coalition shalldevelop a update the written model policy regarding arrest procedures
6.28for domestic abuse incidents for use by local law enforcement agencies. Each law
6.29enforcement agency may adopt the model policy in lieu of developing its own policy
6.30under the provisions of paragraph (a).
6.31(c) Local law enforcement agencies that have already developed a written policy
6.32regarding arrest procedures for domestic abuse incidents before July 1, 1992, are not
6.33required to develop a new policy but must review their policies and consider the written
6.34model policy developed under paragraph (b).
7.1 Sec. 13. REVISOR'S INSTRUCTION.
7.2In the next and subsequent editions of Minnesota Statutes, the revisor of statutes shall
7.3change the headnote of section 13.823 from "DOMESTIC ABUSE OR SEXUAL ATTACK
7.4PROGRAMS" to "DOMESTIC ABUSE OR SEXUAL ASSAULT PROGRAMS."
7.5 Sec. 14. REPEALER.
7.6Minnesota Statutes 2012, sections 299A.63; 611A.02, subdivision 1; 611A.0311,
7.7subdivision 3; 611A.21; 611A.22; 611A.221; 611A.41; 611A.43; and 611A.78, are
7.8repealed.
7.11 Section 1. Minnesota Statutes 2012, section 403.025, subdivision 7, is amended to read:
7.12 Subd. 7. Contractual requirements. (a) The state shall contract with the county
7.13or other governmental agencies operating public safety answering points and with the
7.14appropriate wire-line telecommunications service providers or other entities determined by
7.15the commissioner to be capable of providing effective and efficient components of the 911
7.16system for the operation, maintenance, enhancement, and expansion of the 911 system.
7.17(b) The state shall contract with the appropriate wireless telecommunications service
7.18providers for maintaining, enhancing, and expanding the 911 system.
7.19(c) (b) The contract language or subsequent amendments to the contract must
7.20include a description of the services to be furnished to the county or other governmental
7.21agencies operating public safety answering points. The contract language or subsequent
7.22amendments must include the terms of compensation based on the effective tariff or price
7.23list filed with the Public Utilities Commission or the prices agreed to by the parties.
7.24(d) (c) The contract language or subsequent amendments to contracts between the
7.25parties must contain a provision for resolving disputes.
7.26 Sec. 2. Minnesota Statutes 2012, section 403.05, subdivision 1, is amended to read:
7.27 Subdivision 1. Operate and maintain. Each county or any other governmental
7.28agency shall operate and maintain its 911 system to meet the requirements of governmental
7.29agencies whose services are available through the 911 system and to permit future
7.30expansion or enhancement of the system.Each county or any other governmental agency
7.31shall ensure that a 911 emergency call made with a wireless access device is automatically
7.32connected to and answered by the appropriate public safety answering point.
8.1 Sec. 3. Minnesota Statutes 2012, section 403.08, subdivision 10, is amended to read:
8.2 Subd. 10. Plan integration. Counties shall incorporate the statewide design when
8.3modifying county 911 plans to provide for integrating wireless 911 service into existing
8.4county 911 systems.The commissioner shall contract with the involved wireless service
8.5providers and 911 emergency telecommunications service providers to integrate cellular
8.6and other wireless services into existing 911 systems where feasible.
8.7 Sec. 4. Minnesota Statutes 2013 Supplement, section 403.11, subdivision 1, is
8.8amended to read:
8.9 Subdivision 1. Emergency telecommunications service fee; account. (a) Each
8.10customer of a wireless or wire-line switched or packet-based telecommunications service
8.11provider connected to the public switched telephone network that furnishes service capable
8.12of originating a 911 emergency telephone call is assessed a fee based upon the number
8.13of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
8.14maintenance and related improvements for trunking and central office switching equipment
8.15for 911 emergency telecommunications service, to offset administrative and staffing costs
8.16of the commissioner related to managing the 911 emergency telecommunications service
8.17program, to make distributions provided for in section403.113 , and to offset the costs,
8.18including administrative and staffing costs, incurred by the State Patrol Division of the
8.19Department of Public Safety in handling 911 emergency calls made from wireless phones.
8.20 (b) Money remaining in the 911 emergency telecommunications service account
8.21after all other obligations are paid must not cancel and is carried forward to subsequent
8.22years and may be appropriated from time to time to the commissioner to provide financial
8.23assistance to counties for the improvement of local emergency telecommunications
8.24services.The improvements may include providing access to 911 service for
8.25telecommunications service subscribers currently without access and upgrading existing
8.26911 service to include automatic number identification, local location identification,
8.27automatic location identification, and other improvements specified in revised county
8.28911 plans approved by the commissioner.
8.29 (c) The fee may not be less than eight cents nor more than 65 cents a month until
8.30June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
8.312009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
8.32not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
8.33each customer access line or other basic access service, including trunk equivalents as
8.34designated by the Public Utilities Commission for access charge purposes and including
8.35wireless telecommunications services. With the approval of the commissioner of
9.1management and budget, the commissioner of public safety shall establish the amount of
9.2the fee within the limits specified and inform the companies and carriers of the amount to
9.3be collected. When the revenue bonds authorized under section403.27, subdivision 1 ,
9.4have been fully paid or defeased, the commissioner shall reduce the fee to reflect that debt
9.5service on the bonds is no longer needed. The commissioner shall provide companies and
9.6carriers a minimum of 45 days' notice of each fee change. The fee must be the same for all
9.7customers, except that the fee imposed under this subdivision does not apply to prepaid
9.8wireless telecommunications service, which is instead subject to the fee imposed under
9.9section403.161, subdivision 1 , paragraph (a).
9.10 (d) The fee must be collected by each wireless or wire-line telecommunications
9.11service provider subject to the fee. Fees are payable to and must be submitted to the
9.12commissioner monthly before the 25th of each month following the month of collection,
9.13except that fees may be submitted quarterly if less than $250 a month is due, or annually if
9.14less than $25 a month is due. Receipts must be deposited in the state treasury and credited
9.15to a 911 emergency telecommunications service account in the special revenue fund. The
9.16money in the account may only be used for 911 telecommunications services.
9.17(e) This subdivision does not apply to customers of interexchange carriers.
9.18(f) The installation and recurring charges for integrating wireless 911 calls into
9.19enhanced 911 systems are eligible for payment by the commissioner if the 911 service
9.20provider is included in the statewide design plan and the charges are made pursuant to
9.21contract.
9.22(g) (e) Competitive local exchanges carriers holding certificates of authority from
9.23the Public Utilities Commission are eligible to receive payment for recurring 911 services.
9.24 Sec. 5. REPEALER.
9.25Minnesota Statutes 2012, section 403.02, subdivision 15, is repealed.
9.28 Section 1. REPEALER.
9.29Minnesota Statutes 2012, sections 299F.01, subdivision 1; 299F.04, subdivision 3a;
9.30and 299F.37, are repealed.
10.3 Section 1. Minnesota Statutes 2012, section 299C.05, is amended to read:
10.4299C.05 DIVISION OF CRIMINAL STATISTICS.
10.5There is hereby established within the bureau a Division of Criminal Statistics, and
10.6the superintendent, within the limits of membership herein prescribed, shall appoint a
10.7qualified statistician and one assistant to be in charge thereof. It shall be the duty of
10.8this division to collect, and preserve as a record of the bureau, information concerning
10.9the number and nature of offenses known to have been committed in the state, of the
10.10legal steps taken in connection therewith from the inception of the complaint to the final
10.11discharge of the defendant, and such other information as may be useful in the study
10.12of crime and the administration of justice. The information so collected and preserved
10.13shall include such data as may be requested by the United States Department of Justice,
10.14at Washington, under its national system of crime reporting. To the extent possible, the
10.15superintendent must utilize a nationally recognized system or standard approved by the
10.16Federal Bureau of Investigation to collect and preserve crime data.
10.17 Sec. 2. Minnesota Statutes 2012, section 299C.111, is amended to read:
10.18299C.111 SUSPENSE FILE REPORTING.
10.19(a) By June 1 and December 1 of each year, the superintendent shall:
10.20(1) provide an entity or individual having responsibility regarding identification
10.21data under section
299C.10 and the Criminal and Juvenile Justice Information Policy
10.22Group with summary data on the number of disposition records pertaining to the entity or
10.23individual that have not been linked to an arrest record; and
10.24(2) provide the Criminal and Juvenile Justice Information Policy Group with the
10.25number of identification records not entered on the automated fingerprint identification
10.26system and the criminal history files.
10.27(b) The superintendent shall immediately notify the appropriate entity or individual
10.28when a disposition record is received that cannot be linked to an arrest record.
10.29 Sec. 3. REPEALER.
10.30Minnesota Statutes 2012, sections 237.83, subdivision 4; 299C.01, subdivision 1;
10.31299C.04; 299C.145, subdivision 4; 299C.19; 299C.20; 299C.215; 299C.30; 299C.31;
10.32299C.32; 299C.33; 299C.34; and 299C.49, are repealed.
11.3 Section 1. REVISOR'S INSTRUCTION.
11.4The revisor of statutes, in consultation with the Department of Public Safety, shall
11.5prepare draft legislation showing technical and other necessary changes to Minnesota
11.6Statutes resulting from the repealers in articles 1, 2, 4, and 5, and submit it to the chairs
11.7and ranking minority members of the house of representatives and senate committees and
11.8divisions with jurisdiction over public safety and criminal justice by January 1, 2015.
1.3amending Minnesota Statutes 2012, sections 13.823; 15.0591, subdivision 2;
1.4299C.05; 299C.111; 403.025, subdivision 7; 403.05, subdivision 1; 403.08,
1.5subdivision 10; 518B.01, subdivision 21; 611A.0311, subdivision 2; 611A.37,
1.6subdivision 5; 611A.76; 629.342, subdivision 2; Minnesota Statutes 2013
1.7Supplement, sections 13.82, subdivision 5; 403.11, subdivision 1; 611A.02,
1.8subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapter
1.9611A; repealing Minnesota Statutes 2012, sections 237.83, subdivision 4;
1.10299A.63; 299C.01, subdivision 1; 299C.04; 299C.145, subdivision 4; 299C.19;
1.11299C.20; 299C.215; 299C.30; 299C.31; 299C.32; 299C.33; 299C.34; 299C.49;
1.12299F.01, subdivision 1; 299F.04, subdivision 3a; 299F.37; 403.02, subdivision
1.1315; 611A.02, subdivision 1; 611A.0311, subdivision 3; 611A.21; 611A.22;
1.14611A.221; 611A.41; 611A.43; 611A.78.
1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.18 Section 1. Minnesota Statutes 2013 Supplement, section 13.82, subdivision 5, is
1.19amended to read:
1.20 Subd. 5. Domestic abuse data. The written police report required by section
1.221
1.23subdivision 2, 3, or 6 that arise out of this type of incident or out of an alleged violation of
1.24an order for protection must be released upon request at no cost to the victim of domestic
1.25abuse, the victim's attorney, or an organization designated by the Office of Justice
1.26Programs in the Department of Public Safety as providing services to victims of domestic
1.27abuse. The executive director or the commissioner of the appropriate state agency shall
2.1develop written criteria for this designation
2.2
2.3 Sec. 2. Minnesota Statutes 2012, section 13.823, is amended to read:
2.413.823 DOMESTIC ABUSE OR SEXUAL ATTACK PROGRAMS.
2.5 Subdivision 1. Definitions. For purposes of this section:
2.6(1) "domestic abuse" has the meaning given in section
2.7(2) "sexual
2.8subdivision
2.9 Subd. 2. Provisions not applicable. Except as otherwise provided in this
2.10subdivision, a program that provides shelter or support services to victims of domestic
2.11abuse or a sexual
2.12direct supervision of a government entity is not subject to this chapter, except that
2.13the program shall comply with sections
2.14subdivision 3
2.15 Sec. 3. Minnesota Statutes 2012, section 15.0591, subdivision 2, is amended to read:
2.16 Subd. 2. Bodies affected. A member meeting the qualifications in subdivision 1
2.17must be appointed to the following boards, commissions, advisory councils, task forces,
2.18or committees:
2.19
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 Sec. 4. Minnesota Statutes 2012, section 518B.01, subdivision 21, is amended to read:
3.7 Subd. 21. Order for protection forms. The state court administrator, in
3.8consultation with
3.9county attorneys
3.10 uniform order for protection form that
3.11of orders for protection throughout the state.
3.12 Sec. 5. Minnesota Statutes 2013 Supplement, section 611A.02, subdivision 2, is
3.13amended to read:
3.14 Subd. 2. Victims' rights. (a) The Office of Justice Programs in the Department of
3.15Public Safety shall
3.16(b) The initial notice of the rights of crime victims must be distributed by a peace
3.17officer to each victim, as defined in section
3.18victim. The notice must inform a victim of:
3.19(1) the victim's right to apply for reparations to cover losses, not including property
3.20losses, resulting from a violent crime and the telephone number to call to request an
3.21application;
3.22(2) the victim's right to request that the law enforcement agency withhold public
3.23access to data revealing the victim's identity under section
3.24paragraph (d);
3.25(3) the additional rights of domestic abuse victims as described in section
3.26(4) information on the nearest crime victim assistance program or resource;
3.27(5) the victim's rights, if an offender is charged, to be informed of and participate in
3.28the prosecution process, including the right to request restitution; and
3.29(6) in homicide cases, information on rights and procedures available under sections
3.31(c) A supplemental notice of the rights of crime victims must be distributed by the
3.32city or county attorney's office to each victim, within a reasonable time after the offender
3.33is charged or petitioned. This notice must inform a victim of all the rights of crime victims
3.34under this chapter.
4.1 Sec. 6. Minnesota Statutes 2013 Supplement, section 611A.02, subdivision 3, is
4.2amended to read:
4.3 Subd. 3. Notice of rights of victims in juvenile court. (a) The Office of Justice
4.4Programs in the Department of Public Safety shall
4.5of victims in juvenile court that explains:
4.6(1) the rights of victims in the juvenile court;
4.7(2) when a juvenile matter is public;
4.8(3) the procedures to be followed in juvenile court proceedings; and
4.9(4) other relevant matters.
4.10(b) The juvenile court shall distribute a copy of the notice to each victim of juvenile
4.11crime who attends a juvenile court proceeding, along with a notice of services for victims
4.12available in that judicial district.
4.13 Sec. 7. Minnesota Statutes 2012, section 611A.0311, subdivision 2, is amended to read:
4.14 Subd. 2. Contents of plan. Each county and city attorney shall develop and
4.15implement a written plan to expedite and improve the efficiency and just disposition of
4.16domestic abuse cases brought to the prosecuting authority. Domestic abuse advocates,
4.17law enforcement officials, and other interested members of the public must have an
4.18opportunity to assist in the development or adaptation of the plans in each jurisdiction.
4.19The commissioner shall make the
4.20available to all city and county attorneys. All plans must state goals and contain policies
4.21and procedures to address the following matters:
4.22(1) early assignment of a trial prosecutor who has the responsibility of handling
4.23the domestic abuse case through disposition, whenever feasible, or, where applicable,
4.24probation revocation; and early contact between the trial prosecutor and the victim;
4.25(2) procedures to facilitate the earliest possible contact between the prosecutor's
4.26office and the victim for the purpose of acquainting the victim with the criminal justice
4.27process, the use of subpoenas, the victim's role as a witness in the prosecution, and the
4.28domestic abuse or victim services that are available;
4.29(3) procedures to coordinate the trial prosecutor's efforts with those of the domestic
4.30abuse advocate or victim advocate, where available, and to facilitate the early provision of
4.31advocacy services to the victim;
4.32(4) procedures to encourage the prosecution of all domestic abuse cases where a
4.33crime can be proven;
4.34(5) methods that will be used to identify, gather, and preserve evidence in addition to
4.35the victim's in-court testimony that will enhance the ability to prosecute a case when a
5.1victim is reluctant to assist, including but not limited to physical evidence of the victim's
5.2injury, evidence relating to the scene of the crime, eyewitness testimony, and statements of
5.3the victim made at or near the time of the injury;
5.4(6) procedures for educating local law enforcement agencies about the contents of
5.5the plan and their role in assisting with its implementation;
5.6(7) the use for subpoenas to victims and witnesses, where appropriate;
5.7(8) procedures for annual review of the plan to evaluate whether it is meeting its
5.8goals effectively and whether improvements are needed; and
5.9(9) a timetable for implementation.
5.10 Sec. 8. [611A.211] PROGRAMS FOR VICTIMS OF SEXUAL ASSAULT.
5.11 Subdivision 1. Grants. The commissioner of public safety shall award grants to
5.12programs which provide support services to victims of sexual assault. The commissioner
5.13shall also award grants for training, technical assistance, and for the development and
5.14implementation of education programs to increase public awareness of the causes of
5.15sexual assault, the solutions to preventing and ending sexual assault, and the problems
5.16faced by sexual assault victims.
5.17 Subd. 2. Applications. Any public or private nonprofit agency may apply to the
5.18commissioner for a grant to provide services to victims of sexual assault. The application
5.19shall be submitted in a form approved by the commissioner.
5.20 Subd. 3. Duties of grantees. Every public or private nonprofit agency which
5.21receives a grant to provide services to victims of sexual assault shall comply with rules of
5.22the commissioner related to the administration of the grant programs.
5.23 Subd. 4. Sexual assault. For the purposes of this section, "sexual assault" means
5.24any violation of Minnesota Statutes, sections 609.322 and 609.342 to 609.3453.
5.25 Sec. 9. Minnesota Statutes 2012, section 611A.37, subdivision 5, is amended to read:
5.26 Subd. 5. Designated shelter facility. "Designated shelter facility" means a facility
5.27that has applied to, and been approved by, the
5.28shelter and services to battered women and their children.
5.29 Sec. 10. [611A.45] PROGRAMS FOR VICTIMS OF CRIME.
5.30 Subdivision 1. Grants. The commissioner of public safety shall award grants to
5.31programs which provide support services to victims of crime.
6.1 Subd. 2. Applications. Any public or private nonprofit agency may apply to the
6.2commissioner for a grant to provide services to victims of crime. The application shall be
6.3submitted in a form approved by the commissioner.
6.4 Subd. 3. Duties of grantees. Every public or private nonprofit agency which
6.5receives a grant to provide services to victims of crime shall comply with rules of the
6.6commissioner related to the administration of the grant programs.
6.7 Sec. 11. Minnesota Statutes 2012, section 611A.76, is amended to read:
6.8611A.76 CRIME VICTIM SERVICES TELEPHONE LINE.
6.9The commissioner of public safety shall
6.1024-hour telephone line for the purpose of providing crime victims with referrals for victim
6.11services and resources.
6.12 Sec. 12. Minnesota Statutes 2012, section 629.342, subdivision 2, is amended to read:
6.13 Subd. 2. Policies required. (a)
6.14shall develop, adopt, and implement a written policy regarding arrest procedures for
6.15domestic abuse incidents. In the development of a policy, each law enforcement agency
6.16shall consult with domestic abuse advocates, community organizations, and other law
6.17enforcement agencies with expertise in the recognition and handling of domestic abuse
6.18incidents. The policy shall discourage dual arrests, include consideration of whether
6.19one of the parties acted in self defense, and provide guidance to officers concerning
6.20instances in which officers should remain at the scene of a domestic abuse incident until
6.21the likelihood of further imminent violence has been eliminated.
6.22(b) The Bureau of Criminal Apprehension
6.23and Training,
6.24
6.25the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association,
6.26Minnesota Police and Peace Officers Association, and a domestic violence statewide
6.27coalition shall
6.28for domestic abuse incidents for use by local law enforcement agencies. Each law
6.29enforcement agency may adopt the model policy in lieu of developing its own policy
6.30under the provisions of paragraph (a).
6.31
6.32
6.33
6.34
7.1 Sec. 13. REVISOR'S INSTRUCTION.
7.2In the next and subsequent editions of Minnesota Statutes, the revisor of statutes shall
7.3change the headnote of section 13.823 from "DOMESTIC ABUSE OR SEXUAL ATTACK
7.4PROGRAMS" to "DOMESTIC ABUSE OR SEXUAL ASSAULT PROGRAMS."
7.5 Sec. 14. REPEALER.
7.6Minnesota Statutes 2012, sections 299A.63; 611A.02, subdivision 1; 611A.0311,
7.7subdivision 3; 611A.21; 611A.22; 611A.221; 611A.41; 611A.43; and 611A.78, are
7.8repealed.
7.11 Section 1. Minnesota Statutes 2012, section 403.025, subdivision 7, is amended to read:
7.12 Subd. 7. Contractual requirements. (a) The state shall contract with the county
7.13or other governmental agencies operating public safety answering points and with the
7.14appropriate wire-line telecommunications service providers or other entities determined by
7.15the commissioner to be capable of providing effective and efficient components of the 911
7.16system for the operation, maintenance, enhancement, and expansion of the 911 system.
7.17
7.18
7.19
7.20include a description of the services to be furnished to the county or other governmental
7.21agencies operating public safety answering points. The contract language or subsequent
7.22amendments must include the terms of compensation based on the effective tariff or price
7.23list filed with the Public Utilities Commission or the prices agreed to by the parties.
7.24
7.25parties must contain a provision for resolving disputes.
7.26 Sec. 2. Minnesota Statutes 2012, section 403.05, subdivision 1, is amended to read:
7.27 Subdivision 1. Operate and maintain. Each county or any other governmental
7.28agency shall operate and maintain its 911 system to meet the requirements of governmental
7.29agencies whose services are available through the 911 system and to permit future
7.30expansion or enhancement of the system.
7.31
7.32
8.1 Sec. 3. Minnesota Statutes 2012, section 403.08, subdivision 10, is amended to read:
8.2 Subd. 10. Plan integration. Counties shall incorporate the statewide design when
8.3modifying county 911 plans to provide for integrating wireless 911 service into existing
8.4county 911 systems.
8.5
8.6
8.7 Sec. 4. Minnesota Statutes 2013 Supplement, section 403.11, subdivision 1, is
8.8amended to read:
8.9 Subdivision 1. Emergency telecommunications service fee; account. (a) Each
8.10customer of a wireless or wire-line switched or packet-based telecommunications service
8.11provider connected to the public switched telephone network that furnishes service capable
8.12of originating a 911 emergency telephone call is assessed a fee based upon the number
8.13of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
8.14maintenance and related improvements for trunking and central office switching equipment
8.15for 911 emergency telecommunications service, to offset administrative and staffing costs
8.16of the commissioner related to managing the 911 emergency telecommunications service
8.17program, to make distributions provided for in section
8.18including administrative and staffing costs, incurred by the State Patrol Division of the
8.19Department of Public Safety in handling 911 emergency calls made from wireless phones.
8.20 (b) Money remaining in the 911 emergency telecommunications service account
8.21after all other obligations are paid must not cancel and is carried forward to subsequent
8.22years and may be appropriated from time to time to the commissioner to provide financial
8.23assistance to counties for the improvement of local emergency telecommunications
8.24services.
8.25
8.26
8.27
8.28
8.29 (c) The fee may not be less than eight cents nor more than 65 cents a month until
8.30June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
8.312009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
8.32not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
8.33each customer access line or other basic access service, including trunk equivalents as
8.34designated by the Public Utilities Commission for access charge purposes and including
8.35wireless telecommunications services. With the approval of the commissioner of
9.1management and budget, the commissioner of public safety shall establish the amount of
9.2the fee within the limits specified and inform the companies and carriers of the amount to
9.3be collected. When the revenue bonds authorized under section
9.4have been fully paid or defeased, the commissioner shall reduce the fee to reflect that debt
9.5service on the bonds is no longer needed. The commissioner shall provide companies and
9.6carriers a minimum of 45 days' notice of each fee change. The fee must be the same for all
9.7customers, except that the fee imposed under this subdivision does not apply to prepaid
9.8wireless telecommunications service, which is instead subject to the fee imposed under
9.9section
9.10 (d) The fee must be collected by each wireless or wire-line telecommunications
9.11service provider subject to the fee. Fees are payable to and must be submitted to the
9.12commissioner monthly before the 25th of each month following the month of collection,
9.13except that fees may be submitted quarterly if less than $250 a month is due, or annually if
9.14less than $25 a month is due. Receipts must be deposited in the state treasury and credited
9.15to a 911 emergency telecommunications service account in the special revenue fund. The
9.16money in the account may only be used for 911 telecommunications services.
9.17
9.18
9.19
9.20
9.21
9.22
9.23the Public Utilities Commission are eligible to receive payment for recurring 911 services.
9.24 Sec. 5. REPEALER.
9.25Minnesota Statutes 2012, section 403.02, subdivision 15, is repealed.
9.28 Section 1. REPEALER.
9.29Minnesota Statutes 2012, sections 299F.01, subdivision 1; 299F.04, subdivision 3a;
9.30and 299F.37, are repealed.
10.3 Section 1. Minnesota Statutes 2012, section 299C.05, is amended to read:
10.4299C.05 DIVISION OF CRIMINAL STATISTICS.
10.5
10.6
10.7
10.8this division to collect, and preserve as a record of the bureau, information concerning
10.9the number and nature of offenses known to have been committed in the state, of the
10.10legal steps taken in connection therewith from the inception of the complaint to the final
10.11discharge of the defendant, and such other information as may be useful in the study
10.12of crime and the administration of justice. The information so collected and preserved
10.13shall include such data as may be requested by the United States Department of Justice,
10.14at Washington, under its national system of crime reporting. To the extent possible, the
10.15superintendent must utilize a nationally recognized system or standard approved by the
10.16Federal Bureau of Investigation to collect and preserve crime data.
10.17 Sec. 2. Minnesota Statutes 2012, section 299C.111, is amended to read:
10.18299C.111 SUSPENSE FILE REPORTING.
10.19
10.20
10.21
10.22
10.23
10.24
10.25
10.26
10.27
10.28when a disposition record is received that cannot be linked to an arrest record.
10.29 Sec. 3. REPEALER.
10.30Minnesota Statutes 2012, sections 237.83, subdivision 4; 299C.01, subdivision 1;
10.31299C.04; 299C.145, subdivision 4; 299C.19; 299C.20; 299C.215; 299C.30; 299C.31;
10.32299C.32; 299C.33; 299C.34; and 299C.49, are repealed.
11.3 Section 1. REVISOR'S INSTRUCTION.
11.4The revisor of statutes, in consultation with the Department of Public Safety, shall
11.5prepare draft legislation showing technical and other necessary changes to Minnesota
11.6Statutes resulting from the repealers in articles 1, 2, 4, and 5, and submit it to the chairs
11.7and ranking minority members of the house of representatives and senate committees and
11.8divisions with jurisdiction over public safety and criminal justice by January 1, 2015.
