Minnesota 2023-2024 Regular Session

Minnesota House Bill HF478 Latest Draft

Bill / Introduced Version Filed 01/17/2023

                            1.1	A bill for an act​
1.2 relating to public safety; establishing the crime of carjacking; making conforming​
1.3 changes; amending Minnesota Statutes 2022, sections 145A.061, subdivision 3;​
1.4 146A.08, subdivision 1; 245C.15, subdivisions 1, 2, 4a; 245C.24, subdivision 3;​
1.5 253B.02, subdivision 4e; 253D.02, subdivision 8; 260B.171, subdivision 3;​
1.6 299A.296, subdivision 2; 299C.105, subdivision 1; 299C.67, subdivision 2;​
1.7 609.1095, subdivision 1; 609.341, subdivision 22; 609.52, subdivision 3; 609.531,​
1.8 subdivision 1; 609.631, subdivision 4; 609.632, subdivision 4; 609.821, subdivision​
1.9 3; 611A.031; 611A.036, subdivision 7; 611A.08, subdivision 6; 624.712,​
1.10 subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 609.​
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.12	ARTICLE 1​
1.13	CARJACKING​
1.14 Section 1. [609.247] CARJACKING.​
1.15 Subdivision 1.Definitions.(a) As used in this section, the following terms have the​
1.16meanings given.​
1.17 (b) "Carjacking" means taking a motor vehicle from the person or in the presence of​
1.18another while having knowledge of not being entitled to the motor vehicle and using or​
1.19threatening the imminent use of force against any person to overcome the person's resistance​
1.20or powers of resistance to, or to compel acquiescence in, the taking of the motor vehicle.​
1.21 (c) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, clause (10).​
1.22 Subd. 2.First degree.Whoever, while committing a carjacking, is armed with a​
1.23dangerous weapon or any article used or fashioned in a manner to lead the victim to​
1.24reasonably believe it to be a dangerous weapon, or inflicts bodily harm upon another, is​
1​Article 1 Section 1.​
REVISOR KLL/NS 23-01270​12/20/22 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  478​
NINETY-THIRD SESSION​ 2.1guilty of carjacking in the first degree and may be sentenced to imprisonment for not more​
2.2than 20 years or to payment of a fine of not more than $35,000, or both.​
2.3 Subd. 3.Second degree.Whoever, while committing a carjacking, implies, by word or​
2.4act, possession of a dangerous weapon, is guilty of carjacking in the second degree and may​
2.5be sentenced to imprisonment for not more than 15 years or to payment of a fine of not​
2.6more than $30,000, or both.​
2.7 Subd. 4.Third degree.Whoever commits carjacking under any other circumstances is​
2.8guilty of carjacking in the third degree and may be sentenced to imprisonment for not more​
2.9than ten years or to payment of a fine of not more than $20,000, or both.​
2.10 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes​
2.11committed on or after that date.​
2.12	ARTICLE 2​
2.13	CONFORMING CHANGES​
2.14 Section 1. Minnesota Statutes 2022, section 145A.061, subdivision 3, is amended to read:​
2.15 Subd. 3.Denial of service.The commissioner may deny an application from any​
2.16applicant who has been convicted of any of the following crimes:​
2.17 Section 609.185 (murder in the first degree); section 609.19 (murder in the second​
2.18degree); section 609.195 (murder in the third degree); section 609.20 (manslaughter in the​
2.19first degree); section 609.205 (manslaughter in the second degree); section 609.25​
2.20(kidnapping); section 609.2661 (murder of an unborn child in the first degree); section​
2.21609.2662 (murder of an unborn child in the second degree); section 609.2663 (murder of​
2.22an unborn child in the third degree); section 609.342 (criminal sexual conduct in the first​
2.23degree); section 609.343 (criminal sexual conduct in the second degree); section 609.344​
2.24(criminal sexual conduct in the third degree); section 609.345 (criminal sexual conduct in​
2.25the fourth degree); section 609.3451 (criminal sexual conduct in the fifth degree); section​
2.26609.3453 (criminal sexual predatory conduct); section 609.352 (solicitation of children to​
2.27engage in sexual conduct); section 609.352 (communication of sexually explicit materials​
2.28to children); section 609.365 (incest); section 609.377 (felony malicious punishment of a​
2.29child); section 609.378 (felony neglect or endangerment of a child); section 609.561 (arson​
2.30in the first degree); section 609.562 (arson in the second degree); section 609.563 (arson in​
2.31the third degree); section 609.749, subdivision 3, 4, or 5 (felony harassment or stalking);​
2.32section 152.021 (controlled substance crimes in the first degree); section 152.022 (controlled​
2.33substance crimes in the second degree); section 152.023 (controlled substance crimes in the​
2​Article 2 Section 1.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 3.1third degree); section 152.024 (controlled substance crimes in the fourth degree); section​
3.2152.025 (controlled substance crimes in the fifth degree); section 243.166 (violation of​
3.3predatory offender registration law); section 617.23, subdivision 2, clause (1), or subdivision​
3.43, clause (1) (indecent exposure involving a minor); section 617.246 (use of minors in sexual​
3.5performance); section 617.247 (possession of pornographic work involving minors); section​
3.6609.221 (assault in the first degree); section 609.222 (assault in the second degree); section​
3.7609.223 (assault in the third degree); section 609.2231 (assault in the fourth degree); section​
3.8609.224 (assault in the fifth degree); section 609.2242 (domestic assault); section 609.2247​
3.9(domestic assault by strangulation); section 609.228 (great bodily harm caused by distribution​
3.10of drugs); section 609.23 (mistreatment of persons confined); section 609.231 (mistreatment​
3.11of residents or patients); section 609.2325 (criminal abuse); section 609.233 (criminal​
3.12neglect); section 609.2335 (financial exploitation of a vulnerable adult); section 609.234​
3.13(failure to report); section 609.24 (simple robbery); section 609.245 (aggravated robbery);​
3.14section 609.247 (carjacking); section 609.255 (false imprisonment); section 609.322​
3.15(solicitation, inducement, and promotion of prostitution and sex trafficking); section 609.324,​
3.16subdivision 1 (hiring or engaging minors in prostitution); section 609.465 (presenting false​
3.17claims to a public officer or body); section 609.466 (medical assistance fraud); section​
3.18609.52 (felony theft); section 609.82 (felony fraud in obtaining credit); section 609.527​
3.19(felony identity theft); section 609.582 (felony burglary); section 609.611 (felony insurance​
3.20fraud); section 609.625 (aggravated forgery); section 609.63 (forgery); section 609.631​
3.21(felony check forgery); section 609.66, subdivision 1e (felony drive-by shooting); section​
3.22609.71 (felony riot); section 609.713 (terroristic threats); section 609.72, subdivision 3​
3.23(disorderly conduct by a caregiver against a vulnerable adult); section 609.821 (felony​
3.24financial transaction card fraud); section 609.855, subdivision 5 (shooting at or in a public​
3.25transit vehicle or facility); or aiding and abetting, attempting, or conspiring to commit any​
3.26of the offenses in this subdivision.​
3.27 Sec. 2. Minnesota Statutes 2022, section 146A.08, subdivision 1, is amended to read:​
3.28 Subdivision 1.Prohibited conduct.(a) The commissioner may impose disciplinary​
3.29action as described in section 146A.09 against any unlicensed complementary and alternative​
3.30health care practitioner. The following conduct is prohibited and is grounds for disciplinary​
3.31action:​
3.32 (b) Conviction of a crime, including a finding or verdict of guilt, an admission of guilt,​
3.33or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States,​
3.34reasonably related to engaging in complementary and alternative health care practices.​
3.35Conviction, as used in this subdivision, includes a conviction of an offense which, if​
3​Article 2 Sec. 2.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 4.1committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor,​
4.2without regard to its designation elsewhere, or a criminal proceeding where a finding or​
4.3verdict of guilty is made or returned but the adjudication of guilt is either withheld or not​
4.4entered.​
4.5 (c) Conviction of any crime against a person. For purposes of this chapter, a crime against​
4.6a person means violations of the following: sections 609.185; 609.19; 609.195; 609.20;​
4.7609.205; 609.2112; 609.2113; 609.2114; 609.215; 609.221; 609.222; 609.223; 609.224;​
4.8609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 609.245;​
4.9609.247; 609.25; 609.255; 609.26, subdivision 1, clause (1) or (2); 609.265; 609.342;​
4.10609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50, subdivision 1, clause​
4.11(1); 609.561; 609.562; 609.595; and 609.72, subdivision 3; and Minnesota Statutes 2012,​
4.12section 609.21.​
4.13 (d) Failure to comply with the self-reporting requirements of section 146A.03, subdivision​
4.147.​
4.15 (e) Engaging in sexual contact with a complementary and alternative health care client,​
4.16engaging in contact that may be reasonably interpreted by a client as sexual, engaging in​
4.17any verbal behavior that is seductive or sexually demeaning to the client, or engaging in​
4.18sexual exploitation of a client or former client.​
4.19 (f) Advertising that is false, fraudulent, deceptive, or misleading.​
4.20 (g) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or​
4.21careless disregard for the health, welfare, or safety of a complementary and alternative​
4.22health care client; or any other practice that may create danger to any client's life, health,​
4.23or safety, in any of which cases, proof of actual injury need not be established.​
4.24 (h) Adjudication as mentally incompetent or as a person who is dangerous to self or​
4.25adjudication pursuant to chapter 253B as chemically dependent, mentally ill, developmentally​
4.26disabled, mentally ill and dangerous to the public, or as a sexual psychopathic personality​
4.27or sexually dangerous person.​
4.28 (i) Inability to engage in complementary and alternative health care practices with​
4.29reasonable safety to complementary and alternative health care clients.​
4.30 (j) The habitual overindulgence in the use of or the dependence on intoxicating liquors.​
4.31 (k) Improper or unauthorized personal or other use of any legend drugs as defined in​
4.32chapter 151, any chemicals as defined in chapter 151, or any controlled substance as defined​
4.33in chapter 152.​
4​Article 2 Sec. 2.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 5.1 (l) Revealing a communication from, or relating to, a complementary and alternative​
5.2health care client except when otherwise required or permitted by law.​
5.3 (m) Failure to comply with a complementary and alternative health care client's request​
5.4made under sections 144.291 to 144.298 or to furnish a complementary and alternative​
5.5health care client record or report required by law.​
5.6 (n) Splitting fees or promising to pay a portion of a fee to any other professional other​
5.7than for services rendered by the other professional to the complementary and alternative​
5.8health care client.​
5.9 (o) Engaging in abusive or fraudulent billing practices, including violations of the federal​
5.10Medicare and Medicaid laws or state medical assistance laws.​
5.11 (p) Failure to make reports as required by section 146A.03 or cooperate with an​
5.12investigation of the office.​
5.13 (q) Obtaining money, property, or services from a complementary and alternative health​
5.14care client, other than reasonable fees for services provided to the client, through the use​
5.15of undue influence, harassment, duress, deception, or fraud.​
5.16 (r) Failure to provide a complementary and alternative health care client with a copy of​
5.17the client bill of rights or violation of any provision of the client bill of rights.​
5.18 (s) Violating any order issued by the commissioner.​
5.19 (t) Failure to comply with any provision of sections 146A.01 to 146A.11 and the rules​
5.20adopted under those sections.​
5.21 (u) Failure to comply with any additional disciplinary grounds established by the​
5.22commissioner by rule.​
5.23 (v) Revocation, suspension, restriction, limitation, or other disciplinary action against​
5.24any health care license, certificate, registration, or right to practice of the unlicensed​
5.25complementary and alternative health care practitioner in this or another state or jurisdiction​
5.26for offenses that would be subject to disciplinary action in this state or failure to report to​
5.27the office that charges regarding the practitioner's license, certificate, registration, or right​
5.28of practice have been brought in this or another state or jurisdiction.​
5.29 (w) Use of the title "doctor," "Dr.," or "physician" alone or in combination with any​
5.30other words, letters, or insignia to describe the complementary and alternative health care​
5.31practices the practitioner provides.​
5​Article 2 Sec. 2.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 6.1 (x) Failure to provide a complementary and alternative health care client with a​
6.2recommendation that the client see a health care provider who is licensed or registered by​
6.3a health-related licensing board or the commissioner of health, if there is a reasonable​
6.4likelihood that the client needs to be seen by a licensed or registered health care provider.​
6.5 Sec. 3. Minnesota Statutes 2022, section 245C.15, subdivision 1, is amended to read:​
6.6 Subdivision 1.Permanent disqualification.(a) An individual is disqualified under​
6.7section 245C.14 if: (1) regardless of how much time has passed since the discharge of the​
6.8sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless of​
6.9the level of the offense, the individual has committed any of the following offenses: sections​
6.10243.166 (violation of predatory offender registration law); 609.185 (murder in the first​
6.11degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20​
6.12(manslaughter in the first degree); 609.205 (manslaughter in the second degree); a felony​
6.13offense under 609.221 or 609.222 (assault in the first or second degree); a felony offense​
6.14under sections 609.2242 and 609.2243 (domestic assault), spousal abuse, child abuse or​
6.15neglect, or a crime against children; 609.2247 (domestic assault by strangulation); 609.228​
6.16(great bodily harm caused by distribution of drugs); 609.245 (aggravated robbery); 609.247,​
6.17subdivision 2 or 3 (carjacking in the first or second degree); 609.25 (kidnapping); 609.2661​
6.18(murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the​
6.19second degree); 609.2663 (murder of an unborn child in the third degree); 609.322​
6.20(solicitation, inducement, and promotion of prostitution); 609.324, subdivision 1 (other​
6.21prohibited acts); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal​
6.22sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree);​
6.23609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct​
6.24in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.3458 (sexual​
6.25extortion); 609.352 (solicitation of children to engage in sexual conduct); 609.365 (incest);​
6.26a felony offense under 609.377 (malicious punishment of a child); a felony offense under​
6.27609.378 (neglect or endangerment of a child); 609.561 (arson in the first degree); 609.66,​
6.28subdivision 1e (drive-by shooting); 609.749, subdivision 3, 4, or 5 (felony-level harassment​
6.29or stalking); 609.855, subdivision 5 (shooting at or in a public transit vehicle or facility);​
6.30617.23, subdivision 2, clause (1), or subdivision 3, clause (1) (indecent exposure involving​
6.31a minor); 617.246 (use of minors in sexual performance prohibited); 617.247 (possession​
6.32of pictorial representations of minors); or, for a child care background study subject,​
6.33conviction of a crime that would make the individual ineligible for employment under​
6.34United States Code, title 42, section 9858f, except for a felony drug conviction, regardless​
6​Article 2 Sec. 3.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 7.1of whether a period of disqualification under subdivisions 2 to 4, would apply if the individual​
7.2were not a child care background study subject.​
7.3 (b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the​
7.4offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes,​
7.5permanently disqualifies the individual under section 245C.14.​
7.6 (c) An individual's offense in any other state or country, where the elements of the offense​
7.7are substantially similar to any of the offenses listed in paragraph (a), permanently disqualifies​
7.8the individual under section 245C.14.​
7.9 (d) When a disqualification is based on a judicial determination other than a conviction,​
7.10the disqualification period begins from the date of the court order. When a disqualification​
7.11is based on an admission, the disqualification period begins from the date of an admission​
7.12in court. When a disqualification is based on an Alford Plea, the disqualification period​
7.13begins from the date the Alford Plea is entered in court. When a disqualification is based​
7.14on a preponderance of evidence of a disqualifying act, the disqualification date begins from​
7.15the date of the dismissal, the date of discharge of the sentence imposed for a conviction for​
7.16a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.​
7.17 (e) If the individual studied commits one of the offenses listed in paragraph (a) that is​
7.18specified as a felony-level only offense, but the sentence or level of offense is a gross​
7.19misdemeanor or misdemeanor, the individual is disqualified, but the disqualification​
7.20look-back period for the offense is the period applicable to gross misdemeanor or​
7.21misdemeanor offenses.​
7.22 (f) A child care background study subject shall be disqualified if the individual is​
7.23registered, or required to be registered, on a state sex offender registry or repository or the​
7.24National Sex Offender Registry.​
7.25 Sec. 4. Minnesota Statutes 2022, section 245C.15, subdivision 2, is amended to read:​
7.26 Subd. 2.15-year disqualification.(a) An individual is disqualified under section 245C.14​
7.27if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any,​
7.28for the offense; and (2) the individual has committed a felony-level violation of any of the​
7.29following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182 (fraud);​
7.30393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.165 (felon ineligible to​
7.31possess firearm); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury);​
7.32609.215 (suicide); 609.223 or 609.2231 (assault in the third or fourth degree); repeat offenses​
7.33under 609.224 (assault in the fifth degree); 609.229 (crimes committed for benefit of a​
7​Article 2 Sec. 4.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 8.1gang); 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial exploitation of​
8.2a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple​
8.3robbery); 609.247, subdivision 4 (carjacking in the third degree); 609.255 (false​
8.4imprisonment); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665​
8.5(manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child​
8.6in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.268​
8.7(injury or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275​
8.8(attempt to coerce); 609.466 (medical assistance fraud); 609.495 (aiding an offender);​
8.9609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a​
8.10witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.525 (bringing stolen​
8.11goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535​
8.12(issuance of dishonored checks); 609.562 (arson in the second degree); 609.563 (arson in​
8.13the third degree); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611​
8.14(insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery;​
8.15offering a forged check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous​
8.16weapons); 609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration);​
8.17609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit); 609.821​
8.18(financial transaction card fraud); 617.23 (indecent exposure), not involving a minor; repeat​
8.19offenses under 617.241 (obscene materials and performances; distribution and exhibition​
8.20prohibited; penalty); 624.713 (certain persons not to possess firearms); chapter 152 (drugs;​
8.21controlled substance); or Minnesota Statutes 2012, section 609.21; or a felony-level​
8.22conviction involving alcohol or drug use.​
8.23 (b) An individual is disqualified under section 245C.14 if less than 15 years has passed​
8.24since the individual's aiding and abetting, attempt, or conspiracy to commit any of the​
8.25offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.​
8.26 (c) An individual is disqualified under section 245C.14 if less than 15 years has passed​
8.27since the termination of the individual's parental rights under section 260C.301, subdivision​
8.281, paragraph (b), or subdivision 3.​
8.29 (d) An individual is disqualified under section 245C.14 if less than 15 years has passed​
8.30since the discharge of the sentence imposed for an offense in any other state or country, the​
8.31elements of which are substantially similar to the elements of the offenses listed in paragraph​
8.32(a).​
8.33 (e) If the individual studied commits one of the offenses listed in paragraph (a), but the​
8.34sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is​
8​Article 2 Sec. 4.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 9.1disqualified but the disqualification look-back period for the offense is the period applicable​
9.2to the gross misdemeanor or misdemeanor disposition.​
9.3 (f) When a disqualification is based on a judicial determination other than a conviction,​
9.4the disqualification period begins from the date of the court order. When a disqualification​
9.5is based on an admission, the disqualification period begins from the date of an admission​
9.6in court. When a disqualification is based on an Alford Plea, the disqualification period​
9.7begins from the date the Alford Plea is entered in court. When a disqualification is based​
9.8on a preponderance of evidence of a disqualifying act, the disqualification date begins from​
9.9the date of the dismissal, the date of discharge of the sentence imposed for a conviction for​
9.10a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.​
9.11 Sec. 5. Minnesota Statutes 2022, section 245C.15, subdivision 4a, is amended to read:​
9.12 Subd. 4a.Licensed family foster setting disqualifications.(a) Notwithstanding​
9.13subdivisions 1 to 4, for a background study affiliated with a licensed family foster setting,​
9.14regardless of how much time has passed, an individual is disqualified under section 245C.14​
9.15if the individual committed an act that resulted in a felony-level conviction for sections:​
9.16609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder​
9.17in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in​
9.18the second degree); 609.2112 (criminal vehicular homicide); 609.221 (assault in the first​
9.19degree); 609.223, subdivision 2 (assault in the third degree, past pattern of child abuse);​
9.20609.223, subdivision 3 (assault in the third degree, victim under four); a felony offense​
9.21under sections 609.2242 and 609.2243 (domestic assault, spousal abuse, child abuse or​
9.22neglect, or a crime against children); 609.2247 (domestic assault by strangulation); 609.2325​
9.23(criminal abuse of a vulnerable adult resulting in the death of a vulnerable adult); 609.245​
9.24(aggravated robbery); 609.247, subdivision 2 or 3 (carjacking in the first or second degree);​
9.25609.25 (kidnapping); 609.255 (false imprisonment); 609.2661 (murder of an unborn child​
9.26in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663​
9.27(murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child​
9.28in the first degree); 609.2665 (manslaughter of an unborn child in the second degree);​
9.29609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child​
9.30in the second degree); 609.268 (injury or death of an unborn child in the commission of a​
9.31crime); 609.322, subdivision 1 (solicitation, inducement, and promotion of prostitution; sex​
9.32trafficking in the first degree); 609.324, subdivision 1 (other prohibited acts; engaging in,​
9.33hiring, or agreeing to hire minor to engage in prostitution); 609.342 (criminal sexual conduct​
9.34in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal​
9.35sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);​
9​Article 2 Sec. 5.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 10.1609.3451 (criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory​
10.2conduct); 609.352 (solicitation of children to engage in sexual conduct); 609.377 (malicious​
10.3punishment of a child); 609.378 (neglect or endangerment of a child); 609.561 (arson in​
10.4the first degree); 609.582, subdivision 1 (burglary in the first degree); 609.746 (interference​
10.5with privacy); 617.23 (indecent exposure); 617.246 (use of minors in sexual performance​
10.6prohibited); or 617.247 (possession of pictorial representations of minors).​
10.7 (b) Notwithstanding subdivisions 1 to 4, for the purposes of a background study affiliated​
10.8with a licensed family foster setting, an individual is disqualified under section 245C.14,​
10.9regardless of how much time has passed, if the individual:​
10.10 (1) committed an action under paragraph (e) that resulted in death or involved sexual​
10.11abuse, as defined in section 260E.03, subdivision 20;​
10.12 (2) committed an act that resulted in a gross misdemeanor-level conviction for section​
10.13609.3451 (criminal sexual conduct in the fifth degree);​
10.14 (3) committed an act against or involving a minor that resulted in a felony-level conviction​
10.15for: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the​
10.16third degree); 609.2231 (assault in the fourth degree); or 609.224 (assault in the fifth degree);​
10.17or​
10.18 (4) committed an act that resulted in a misdemeanor or gross misdemeanor-level​
10.19conviction for section 617.293 (dissemination and display of harmful materials to minors).​
10.20 (c) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed​
10.21family foster setting, an individual is disqualified under section 245C.14 if fewer than 20​
10.22years have passed since the termination of the individual's parental rights under section​
10.23260C.301, subdivision 1, paragraph (b), or if the individual consented to a termination of​
10.24parental rights under section 260C.301, subdivision 1, paragraph (a), to settle a petition to​
10.25involuntarily terminate parental rights. An individual is disqualified under section 245C.14​
10.26if fewer than 20 years have passed since the termination of the individual's parental rights​
10.27in any other state or country, where the conditions for the individual's termination of parental​
10.28rights are substantially similar to the conditions in section 260C.301, subdivision 1, paragraph​
10.29(b).​
10.30 (d) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed​
10.31family foster setting, an individual is disqualified under section 245C.14 if fewer than five​
10.32years have passed since a felony-level violation for sections: 152.021 (controlled substance​
10.33crime in the first degree); 152.022 (controlled substance crime in the second degree); 152.023​
10.34(controlled substance crime in the third degree); 152.024 (controlled substance crime in the​
10​Article 2 Sec. 5.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 11.1fourth degree); 152.025 (controlled substance crime in the fifth degree); 152.0261 (importing​
11.2controlled substances across state borders); 152.0262, subdivision 1, paragraph (b)​
11.3(possession of substance with intent to manufacture methamphetamine); 152.027, subdivision​
11.46, paragraph (c) (sale or possession of synthetic cannabinoids); 152.096 (conspiracies​
11.5prohibited); 152.097 (simulated controlled substances); 152.136 (anhydrous ammonia;​
11.6prohibited conduct; criminal penalties; civil liabilities); 152.137 (methamphetamine-related​
11.7crimes involving children or vulnerable adults); 169A.24 (felony first-degree driving while​
11.8impaired); 243.166 (violation of predatory offender registration requirements); 609.2113​
11.9(criminal vehicular operation; bodily harm); 609.2114 (criminal vehicular operation; unborn​
11.10child); 609.228 (great bodily harm caused by distribution of drugs); 609.2325 (criminal​
11.11abuse of a vulnerable adult not resulting in the death of a vulnerable adult); 609.233 (criminal​
11.12neglect); 609.235 (use of drugs to injure or facilitate a crime); 609.24 (simple robbery);​
11.13609.247, subdivision 4 (carjacking in the third degree); 609.322, subdivision 1a (solicitation,​
11.14inducement, and promotion of prostitution; sex trafficking in the second degree); 609.498,​
11.15subdivision 1 (tampering with a witness in the first degree); 609.498, subdivision 1b​
11.16(aggravated first-degree witness tampering); 609.562 (arson in the second degree); 609.563​
11.17(arson in the third degree); 609.582, subdivision 2 (burglary in the second degree); 609.66​
11.18(felony dangerous weapons); 609.687 (adulteration); 609.713 (terroristic threats); 609.749,​
11.19subdivision 3, 4, or 5 (felony-level harassment or stalking); 609.855, subdivision 5 (shooting​
11.20at or in a public transit vehicle or facility); or 624.713 (certain people not to possess firearms).​
11.21 (e) Notwithstanding subdivisions 1 to 4, except as provided in paragraph (a), for a​
11.22background study affiliated with a licensed family child foster care license, an individual​
11.23is disqualified under section 245C.14 if fewer than five years have passed since:​
11.24 (1) a felony-level violation for an act not against or involving a minor that constitutes:​
11.25section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third​
11.26degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the​
11.27fifth degree);​
11.28 (2) a violation of an order for protection under section 518B.01, subdivision 14;​
11.29 (3) a determination or disposition of the individual's failure to make required reports​
11.30under section 260E.06 or 626.557, subdivision 3, for incidents in which the final disposition​
11.31under chapter 260E or section 626.557 was substantiated maltreatment and the maltreatment​
11.32was recurring or serious;​
11.33 (4) a determination or disposition of the individual's substantiated serious or recurring​
11.34maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or​
11​Article 2 Sec. 5.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 12.1serious or recurring maltreatment in any other state, the elements of which are substantially​
12.2similar to the elements of maltreatment under chapter 260E or section 626.557 and meet​
12.3the definition of serious maltreatment or recurring maltreatment;​
12.4 (5) a gross misdemeanor-level violation for sections: 609.224, subdivision 2 (assault in​
12.5the fifth degree); 609.2242 and 609.2243 (domestic assault); 609.233 (criminal neglect);​
12.6609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);​
12.7609.746 (interference with privacy); 609.749 (stalking); or 617.23 (indecent exposure); or​
12.8 (6) committing an act against or involving a minor that resulted in a misdemeanor-level​
12.9violation of section 609.224, subdivision 1 (assault in the fifth degree).​
12.10 (f) For purposes of this subdivision, the disqualification begins from:​
12.11 (1) the date of the alleged violation, if the individual was not convicted;​
12.12 (2) the date of conviction, if the individual was convicted of the violation but not​
12.13committed to the custody of the commissioner of corrections; or​
12.14 (3) the date of release from prison, if the individual was convicted of the violation and​
12.15committed to the custody of the commissioner of corrections.​
12.16Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation​
12.17of the individual's supervised release, the disqualification begins from the date of release​
12.18from the subsequent incarceration.​
12.19 (g) An individual's aiding and abetting, attempt, or conspiracy to commit any of the​
12.20offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota​
12.21Statutes, permanently disqualifies the individual under section 245C.14. An individual is​
12.22disqualified under section 245C.14 if fewer than five years have passed since the individual's​
12.23aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs​
12.24(d) and (e).​
12.25 (h) An individual's offense in any other state or country, where the elements of the​
12.26offense are substantially similar to any of the offenses listed in paragraphs (a) and (b),​
12.27permanently disqualifies the individual under section 245C.14. An individual is disqualified​
12.28under section 245C.14 if fewer than five years have passed since an offense in any other​
12.29state or country, the elements of which are substantially similar to the elements of any​
12.30offense listed in paragraphs (d) and (e).​
12​Article 2 Sec. 5.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 13.1 Sec. 6. Minnesota Statutes 2022, section 245C.24, subdivision 3, is amended to read:​
13.2 Subd. 3.Ten-year bar to set aside disqualification.(a) The commissioner may not set​
13.3aside the disqualification of an individual in connection with a license to provide family​
13.4child care for children or foster care or day care services for adults in the provider's home​
13.5if: (1) less than ten years has passed since the discharge of the sentence imposed, if any, for​
13.6the offense; or (2) when disqualified based on a preponderance of evidence determination​
13.7under section 245C.14, subdivision 1, paragraph (a), clause (2), or an admission under​
13.8section 245C.14, subdivision 1, paragraph (a), clause (1), and less than ten years has passed​
13.9since the individual committed the act or admitted to committing the act, whichever is later;​
13.10and (3) the individual has committed a violation of any of the following offenses: sections​
13.11609.165 (felon ineligible to possess firearm); criminal vehicular homicide or criminal​
13.12vehicular operation causing death under 609.2112, 609.2113, or 609.2114 (criminal vehicular​
13.13homicide or injury); 609.215 (aiding suicide or aiding attempted suicide); felony violations​
13.14under 609.223 or 609.2231 (assault in the third or fourth degree); 609.229 (crimes committed​
13.15for benefit of a gang); 609.713 (terroristic threats); 609.235 (use of drugs to injure or to​
13.16facilitate crime); 609.24 (simple robbery); 609.247, subdivision 4 (carjacking in the third​
13.17degree); 609.255 (false imprisonment); 609.562 (arson in the second degree); 609.71 (riot);​
13.18609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a​
13.19witness); burglary in the first or second degree under 609.582 (burglary); 609.66 (dangerous​
13.20weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled shotguns);​
13.21609.749, subdivision 2 (gross misdemeanor harassment); 152.021 or 152.022 (controlled​
13.22substance crime in the first or second degree); 152.023, subdivision 1, clause (3) or (4) or​
13.23subdivision 2, clause (4) (controlled substance crime in the third degree); 152.024,​
13.24subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth degree);​
13.25609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against a vulnerable​
13.26adult); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or​
13.27patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a​
13.28vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure​
13.29to report); 609.265 (abduction); 609.2664 to 609.2665 (manslaughter of an unborn child in​
13.30the first or second degree); 609.267 to 609.2672 (assault of an unborn child in the first,​
13.31second, or third degree); 609.268 (injury or death of an unborn child in the commission of​
13.32a crime); repeat offenses under 617.23 (indecent exposure); 617.293 (disseminating or​
13.33displaying harmful material to minors); a felony-level conviction involving alcohol or drug​
13.34use, a gross misdemeanor offense under 609.324, subdivision 1 (other prohibited acts); a​
13.35gross misdemeanor offense under 609.378 (neglect or endangerment of a child); a gross​
13.36misdemeanor offense under 609.377 (malicious punishment of a child); 609.72, subdivision​
13​Article 2 Sec. 6.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 14.13 (disorderly conduct against a vulnerable adult); or 624.713 (certain persons not to possess​
14.2firearms); or Minnesota Statutes 2012, section 609.21.​
14.3 (b) The commissioner may not set aside the disqualification of an individual if less than​
14.4ten years have passed since the individual's aiding and abetting, attempt, or conspiracy to​
14.5commit any of the offenses listed in paragraph (a) as each of these offenses is defined in​
14.6Minnesota Statutes.​
14.7 (c) The commissioner may not set aside the disqualification of an individual if less than​
14.8ten years have passed since the discharge of the sentence imposed for an offense in any​
14.9other state or country, the elements of which are substantially similar to the elements of any​
14.10of the offenses listed in paragraph (a).​
14.11Sec. 7. Minnesota Statutes 2022, section 253B.02, subdivision 4e, is amended to read:​
14.12 Subd. 4e.Crime against the person."Crime against the person" means a violation of​
14.13or attempt to violate any of the following provisions: sections 609.185 (murder in the first​
14.14degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20​
14.15(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112,​
14.16609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.215 (suicide); 609.221​
14.17(assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the​
14.18third degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.23​
14.19(mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325​
14.20(criminal abuse); 609.233 (criminal neglect); 609.2335 (financial exploitation of a vulnerable​
14.21adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245​
14.22(aggravated robbery); 609.247 (carjacking); 609.25 (kidnapping); 609.255 (false​
14.23imprisonment); 609.265 (abduction); 609.27, subdivision 1, clause (1) or (2) (coercion);​
14.24609.28 (interfering with religious observance) if violence or threats of violence were used;​
14.25609.322, subdivision 1, paragraph (a), clause (2) (solicitation); 609.342 (criminal sexual​
14.26conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344​
14.27(criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth​
14.28degree); 609.3458 (sexual extortion); 609.365 (incest); 609.498, subdivision 1 (tampering​
14.29with a witness); 609.50, clause (1) (obstructing legal process, arrest, and firefighting);​
14.30609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.595 (damage​
14.31to property); and 609.72, subdivision 3 (disorderly conduct by a caregiver); and Minnesota​
14.32Statutes 2012, section 609.21.​
14​Article 2 Sec. 7.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 15.1 Sec. 8. Minnesota Statutes 2022, section 253D.02, subdivision 8, is amended to read:​
15.2 Subd. 8.Harmful sexual conduct.(a) "Harmful sexual conduct" means sexual conduct​
15.3that creates a substantial likelihood of serious physical or emotional harm to another.​
15.4 (b) There is a rebuttable presumption that conduct described in the following provisions​
15.5creates a substantial likelihood that a victim will suffer serious physical or emotional harm:​
15.6section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual​
15.7conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345​
15.8(criminal sexual conduct in the fourth degree), or 609.3458 (sexual extortion). If the conduct​
15.9was motivated by the person's sexual impulses or was part of a pattern of behavior that had​
15.10criminal sexual conduct as a goal, the presumption also applies to conduct described in​
15.11section 609.185 (murder in the first degree), 609.19 (murder in the second degree), 609.195​
15.12(murder in the third degree), 609.20 (manslaughter in the first degree), 609.205 (manslaughter​
15.13in the second degree), 609.221 (assault in the first degree), 609.222 (assault in the second​
15.14degree), 609.223 (assault in the third degree), 609.24 (simple robbery), 609.245 (aggravated​
15.15robbery), 609.247 (carjacking), 609.25 (kidnapping), 609.255 (false imprisonment), 609.365​
15.16(incest), 609.498 (tampering with a witness), 609.561 (arson in the first degree), 609.582,​
15.17subdivision 1 (burglary in the first degree), 609.713 (terroristic threats), or 609.749,​
15.18subdivision 3 or 5 (harassment or stalking).​
15.19Sec. 9. Minnesota Statutes 2022, section 260B.171, subdivision 3, is amended to read:​
15.20 Subd. 3.Disposition order; copy to school.(a) If a juvenile is enrolled in school, the​
15.21juvenile's probation officer shall ensure that either a mailed notice or an electronic copy of​
15.22the court's disposition order be transmitted to the superintendent of the juvenile's school​
15.23district or the chief administrative officer of the juvenile's school if the juvenile has been​
15.24adjudicated delinquent for committing an act on the school's property or an act:​
15.25 (1) that would be a violation of section 609.185 (first-degree murder); 609.19​
15.26(second-degree murder); 609.195 (third-degree murder); 609.20 (first-degree manslaughter);​
15.27609.205 (second-degree manslaughter); 609.2112, 609.2113, or 609.2114 (criminal vehicular​
15.28homicide or injury); 609.221 (first-degree assault); 609.222 (second-degree assault); 609.223​
15.29(third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault);​
15.30609.2242 (domestic assault); 609.24 (simple robbery); 609.245 (aggravated robbery);​
15.31609.247 (carjacking); 609.25 (kidnapping); 609.255 (false imprisonment); 609.342​
15.32(first-degree criminal sexual conduct); 609.343 (second-degree criminal sexual conduct);​
15.33609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual​
15.34conduct); 609.3451 (fifth-degree criminal sexual conduct); 609.498 (tampering with a​
15​Article 2 Sec. 9.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 16.1witness); 609.561 (first-degree arson); 609.582, subdivision 1 or 2 (burglary); 609.713​
16.2(terroristic threats); or 609.749 (harassment or stalking), if committed by an adult; or​
16.3Minnesota Statutes 2012, section 609.21;​
16.4 (2) that would be a violation of section 152.021 (first-degree controlled substance crime);​
16.5152.022 (second-degree controlled substance crime); 152.023 (third-degree controlled​
16.6substance crime); 152.024 (fourth-degree controlled substance crime); 152.025 (fifth-degree​
16.7controlled substance crime); 152.0261 (importing a controlled substance); 152.0262​
16.8(possession of substances with intent to manufacture methamphetamine); or 152.027 (other​
16.9controlled substance offenses), if committed by an adult; or​
16.10 (3) that involved the possession or use of a dangerous weapon as defined in section​
16.11609.02, subdivision 6.​
16.12 When a disposition order is transmitted under this subdivision, the probation officer​
16.13shall notify the juvenile's parent or legal guardian that the disposition order has been shared​
16.14with the juvenile's school.​
16.15 (b) In addition, the juvenile's probation officer may transmit a copy of the court's​
16.16disposition order to the superintendent of the juvenile's school district or the chief​
16.17administrative officer of the juvenile's school if the juvenile has been adjudicated delinquent​
16.18for offenses not listed in paragraph (a) and placed on probation. The probation officer shall​
16.19notify the superintendent or chief administrative officer when the juvenile is discharged​
16.20from probation.​
16.21 (c) The disposition order must be accompanied by a notice to the school that the school​
16.22may obtain additional information from the juvenile's probation officer with the consent of​
16.23the juvenile or the juvenile's parents, as applicable. The disposition order must be maintained,​
16.24shared, or released only as provided in section 121A.75.​
16.25 (d) The juvenile's probation officer shall maintain a record of disposition orders released​
16.26under this subdivision and the basis for the release.​
16.27 (e) No later than September 1, 2002, the criminal and juvenile justice information policy​
16.28group, in consultation with representatives of probation officers and educators, shall prepare​
16.29standard forms for use by juvenile probation officers in forwarding information to schools​
16.30under this subdivision and in maintaining a record of the information that is released. The​
16.31group shall provide a copy of any forms or procedures developed under this paragraph to​
16.32the legislature by January 15, 2003.​
16​Article 2 Sec. 9.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 17.1 (f) As used in this subdivision, "school" means a charter school or a school as defined​
17.2in section 120A.22, subdivision 4, except a home school.​
17.3 Sec. 10. Minnesota Statutes 2022, section 299A.296, subdivision 2, is amended to read:​
17.4 Subd. 2.Grant procedure.(a) A local unit of government or a nonprofit​
17.5community-based entity may apply for a grant by submitting an application with the​
17.6commissioner. The applicant shall specify the following in its application:​
17.7 (1) a description of each program for which funding is sought;​
17.8 (2) outcomes and performance indicators for the program;​
17.9 (3) a description of the planning process that identifies local community needs, surveys​
17.10existing programs, provides for coordination with existing programs, and involves all affected​
17.11sectors of the community;​
17.12 (4) the geographical area to be served by the program;​
17.13 (5) statistical information as to the number of arrests in the geographical area for violent​
17.14crimes and for crimes involving Schedule I and II controlled substances. "Violent crime"​
17.15includes a violation of or an attempt or conspiracy to violate any of the following laws:​
17.16sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.221;​
17.17609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.247; 609.25; 609.255; 609.2661;​
17.18609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343;​
17.19609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, subdivision 1;​
17.20609.687; or any provision of chapter 152 that is punishable by a maximum sentence greater​
17.21than ten years; or Minnesota Statutes 2012, section 609.21; and​
17.22 (6) the number of economically disadvantaged youth in the geographical areas to be​
17.23served by the program.​
17.24 (b) The commissioner shall give priority to funding community-based collaboratives,​
17.25programs that demonstrate substantial involvement by members of the community served​
17.26by the program and programs that either serve the geographical areas that have the highest​
17.27crime rates, as measured by the data supplied under paragraph (a), clause (5), or serve​
17.28geographical areas that have the largest concentrations of economically disadvantaged youth.​
17.29Up to 2.5 percent of the appropriation may be used by the commissioner to administer the​
17.30program.​
17​Article 2 Sec. 10.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 18.1 Sec. 11. Minnesota Statutes 2022, section 299C.105, subdivision 1, is amended to read:​
18.2 Subdivision 1.Required collection of biological specimen for DNA testing.(a) Sheriffs,​
18.3peace officers, and community corrections agencies operating secure juvenile detention​
18.4facilities shall take or cause to be taken biological specimens for the purpose of DNA analysis​
18.5as defined in section 299C.155, of the following:​
18.6 (1) persons who have appeared in court and have had a judicial probable cause​
18.7determination on a charge of committing, or persons having been convicted of or attempting​
18.8to commit, any of the following:​
18.9 (i) murder under section 609.185, 609.19, or 609.195;​
18.10 (ii) manslaughter under section 609.20 or 609.205;​
18.11 (iii) assault under section 609.221, 609.222, or 609.223;​
18.12 (iv) robbery under section 609.24 or, aggravated robbery under section 609.245, or​
18.13carjacking under section 609.247;​
18.14 (v) kidnapping under section 609.25;​
18.15 (vi) false imprisonment under section 609.255;​
18.16 (vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,​
18.17609.3451, subdivision 3, or 609.3453;​
18.18 (viii) incest under section 609.365;​
18.19 (ix) burglary under section 609.582, subdivision 1; or​
18.20 (x) indecent exposure under section 617.23, subdivision 3;​
18.21 (2) persons sentenced as patterned sex offenders under section 609.3455, subdivision​
18.223a; or​
18.23 (3) juveniles who have appeared in court and have had a judicial probable cause​
18.24determination on a charge of committing, or juveniles having been adjudicated delinquent​
18.25for committing or attempting to commit, any of the following:​
18.26 (i) murder under section 609.185, 609.19, or 609.195;​
18.27 (ii) manslaughter under section 609.20 or 609.205;​
18.28 (iii) assault under section 609.221, 609.222, or 609.223;​
18.29 (iv) robbery under section 609.24 or, aggravated robbery under section 609.245, or​
18.30carjacking under section 609.247;​
18​Article 2 Sec. 11.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 19.1 (v) kidnapping under section 609.25;​
19.2 (vi) false imprisonment under section 609.255;​
19.3 (vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,​
19.4609.3451, subdivision 3, or 609.3453;​
19.5 (viii) incest under section 609.365;​
19.6 (ix) burglary under section 609.582, subdivision 1; or​
19.7 (x) indecent exposure under section 617.23, subdivision 3.​
19.8 (b) Unless the superintendent of the bureau requires a shorter period, within 72 hours​
19.9the biological specimen required under paragraph (a) must be forwarded to the bureau in​
19.10such a manner as may be prescribed by the superintendent.​
19.11 (c) Prosecutors, courts, and probation officers shall attempt to ensure that the biological​
19.12specimen is taken on a person described in paragraph (a).​
19.13Sec. 12. Minnesota Statutes 2022, section 299C.67, subdivision 2, is amended to read:​
19.14 Subd. 2.Background check crime."Background check crime" means:​
19.15 (a)(1) a felony violation of section 609.185 (first-degree murder); 609.19 (second-degree​
19.16murder); 609.20 (first-degree manslaughter); 609.221 (first-degree assault); 609.222​
19.17(second-degree assault); 609.223 (third-degree assault); 609.25 (kidnapping); 609.342​
19.18(first-degree criminal sexual conduct); 609.343 (second-degree criminal sexual conduct);​
19.19609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual​
19.20conduct); 609.3458 (sexual extortion); 609.561 (first-degree arson); or 609.749 (harassment​
19.21or stalking);​
19.22 (2) an attempt to commit a crime in clause (1); or​
19.23 (3) a conviction for a crime in another jurisdiction that would be a violation under clause​
19.24(1) or an attempt under clause (2) in this state; or​
19.25 (b)(1) a felony violation of section 609.195 (third-degree murder); 609.205​
19.26(second-degree manslaughter); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide​
19.27or injury); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.24 (simple​
19.28robbery); 609.245 (aggravated robbery); 609.247 (carjacking); 609.255 (false imprisonment);​
19.29609.52 (theft); 609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic threats); or a​
19.30nonfelony violation of section 609.749 (harassment); or Minnesota Statutes 2012, section​
19.31609.21;​
19​Article 2 Sec. 12.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 20.1 (2) an attempt to commit a crime in clause (1); or​
20.2 (3) a conviction for a crime in another jurisdiction that would be a violation under clause​
20.3(1) or an attempt under clause (2) in this state.​
20.4 Sec. 13. Minnesota Statutes 2022, section 609.1095, subdivision 1, is amended to read:​
20.5 Subdivision 1.Definitions.(a) As used in this section, the following terms have the​
20.6meanings given.​
20.7 (b) "Conviction" means any of the following accepted and recorded by the court: a plea​
20.8of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes​
20.9a conviction by any court in Minnesota or another jurisdiction.​
20.10 (c) "Prior conviction" means a conviction that occurred before the offender committed​
20.11the next felony resulting in a conviction and before the offense for which the offender is​
20.12being sentenced under this section.​
20.13 (d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of​
20.14the following laws of this state or any similar laws of the United States or any other state:​
20.15sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113;​
20.16609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.247; 609.25;​
20.17609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;​
20.18609.322; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562;​
20.19609.582, subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any​
20.20provision of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable​
20.21by a felony penalty; or any provision of chapter 152 that is punishable by a maximum​
20.22sentence of 15 years or more; or Minnesota Statutes 2012, section 609.21.​
20.23Sec. 14. Minnesota Statutes 2022, section 609.341, subdivision 22, is amended to read:​
20.24 Subd. 22.Predatory crime."Predatory crime" means a felony violation of section​
20.25609.185 (first-degree murder), 609.19 (second-degree murder), 609.195 (third-degree​
20.26murder), 609.20 (first-degree manslaughter), 609.205 (second-degree manslaughter), 609.221​
20.27(first-degree assault), 609.222 (second-degree assault), 609.223 (third-degree assault),​
20.28609.24 (simple robbery), 609.245 (aggravated robbery), 609.247 (carjacking), 609.25​
20.29(kidnapping), 609.255 (false imprisonment), 609.498 (tampering with a witness), 609.561​
20.30(first-degree arson), or 609.582, subdivision 1 (first-degree burglary).​
20​Article 2 Sec. 14.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 21.1 Sec. 15. Minnesota Statutes 2022, section 609.52, subdivision 3, is amended to read:​
21.2 Subd. 3.Sentence.Whoever commits theft may be sentenced as follows:​
21.3 (1) to imprisonment for not more than 20 years or to payment of a fine of not more than​
21.4$100,000, or both, if the property is a firearm, or the value of the property or services stolen​
21.5is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4),​
21.6(15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or​
21.7 (2) to imprisonment for not more than ten years or to payment of a fine of not more than​
21.8$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the​
21.9property stolen was an article representing a trade secret, an explosive or incendiary device,​
21.10or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the​
21.11exception of marijuana; or​
21.12 (3) to imprisonment for not more than five years or to payment of a fine of not more​
21.13than $10,000, or both, if any of the following circumstances exist:​
21.14 (a) the value of the property or services stolen is more than $1,000 but not more than​
21.15$5,000; or​
21.16 (b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant​
21.17to section 152.02; or​
21.18 (c) the value of the property or services stolen is more than $500 but not more than​
21.19$1,000 and the person has been convicted within the preceding five years for an offense​
21.20under this section, section 256.98; 268.182; 609.24; 609.245; 609.247; 609.53; 609.582,​
21.21subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state,​
21.22the United States, or a foreign jurisdiction, in conformity with any of those sections, and​
21.23the person received a felony or gross misdemeanor sentence for the offense, or a sentence​
21.24that was stayed under section 609.135 if the offense to which a plea was entered would​
21.25allow imposition of a felony or gross misdemeanor sentence; or​
21.26 (d) the value of the property or services stolen is not more than $1,000, and any of the​
21.27following circumstances exist:​
21.28 (i) the property is taken from the person of another or from a corpse, or grave or coffin​
21.29containing a corpse; or​
21.30 (ii) the property is a record of a court or officer, or a writing, instrument or record kept,​
21.31filed or deposited according to law with or in the keeping of any public officer or office; or​
21​Article 2 Sec. 15.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 22.1 (iii) the property is taken from a burning, abandoned, or vacant building or upon its​
22.2removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,​
22.3or the proximity of battle; or​
22.4 (iv) the property consists of public funds belonging to the state or to any political​
22.5subdivision or agency thereof; or​
22.6 (v) the property stolen is a motor vehicle; or​
22.7 (4) to imprisonment for not more than one year or to payment of a fine of not more than​
22.8$3,000, or both, if the value of the property or services stolen is more than $500 but not​
22.9more than $1,000; or​
22.10 (5) in all other cases where the value of the property or services stolen is $500 or less,​
22.11to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,​
22.12or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),​
22.13(4), (13), and (19), the value of the money or property or services received by the defendant​
22.14in violation of any one or more of the above provisions within any six-month period may​
22.15be aggregated and the defendant charged accordingly in applying the provisions of this​
22.16subdivision; provided that when two or more offenses are committed by the same person​
22.17in two or more counties, the accused may be prosecuted in any county in which one of the​
22.18offenses was committed for all of the offenses aggregated under this paragraph.​
22.19Sec. 16. Minnesota Statutes 2022, section 609.531, subdivision 1, is amended to read:​
22.20 Subdivision 1.Definitions.For the purpose of sections 609.531 to 609.5318, the​
22.21following terms have the meanings given them.​
22.22 (a) "Conveyance device" means a device used for transportation and includes, but is not​
22.23limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment​
22.24attached to it. The term "conveyance device" does not include property which is, in fact,​
22.25itself stolen or taken in violation of the law.​
22.26 (b) "Weapon used" means a dangerous weapon as defined under section 609.02,​
22.27subdivision 6, that the actor used or had in possession in furtherance of a crime.​
22.28 (c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).​
22.29 (d) "Contraband" means property which is illegal to possess under Minnesota law.​
22.30 (e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department​
22.31of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle Services, the​
22.32Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District​
22​Article 2 Sec. 16.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 23.1Department of Public Safety, the Department of Natural Resources Division of Enforcement,​
23.2the University of Minnesota Police Department, the Department of Corrections Fugitive​
23.3Apprehension Unit, a city, metropolitan transit, or airport police department; or a​
23.4multijurisdictional entity established under section 299A.642 or 299A.681.​
23.5 (f) "Designated offense" includes:​
23.6 (1) for weapons used: any violation of this chapter, chapter 152 or 624;​
23.7 (2) for driver's license or identification card transactions: any violation of section 171.22;​
23.8and​
23.9 (3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy​
23.10to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113;​
23.11609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.247;​
23.12609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, or subdivision 1a,​
23.13clauses (a) to (f) and (i); 609.343, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i);​
23.14609.344, subdivision 1, or subdivision 1a, clauses (a) to (e), (h), or (i); 609.345, subdivision​
23.151, or subdivision 1a, clauses (a) to (e), (h), and (i); 609.352; 609.42; 609.425; 609.466;​
23.16609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561;​
23.17609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e;​
23.18609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89;​
23.19609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section​
23.20609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a​
23.21felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.​
23.22 (g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.​
23.23 (h) "Prosecuting authority" means the attorney who is responsible for prosecuting an​
23.24offense that is the basis for a forfeiture under sections 609.531 to 609.5318.​
23.25 (i) "Asserting person" means a person, other than the driver alleged to have used a vehicle​
23.26in the transportation or exchange of a controlled substance intended for distribution or sale,​
23.27claiming an ownership interest in a vehicle that has been seized or restrained under this​
23.28section.​
23.29Sec. 17. Minnesota Statutes 2022, section 609.631, subdivision 4, is amended to read:​
23.30 Subd. 4.Sentencing.A person who is convicted under subdivision 2 or 3 may be​
23.31sentenced as follows:​
23​Article 2 Sec. 17.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 24.1 (1) to imprisonment for not more than 20 years or to payment of a fine of not more than​
24.2$100,000, or both, if the forged check or checks are used to obtain or in an attempt to obtain,​
24.3property or services of more than $35,000 or the aggregate amount of the forged check or​
24.4checks is more than $35,000;​
24.5 (2) to imprisonment for not more than ten years or to payment of a fine of not more than​
24.6$20,000, or both, if the forged check or checks are used to obtain or in an attempt to obtain,​
24.7property or services of more than $2,500 or the aggregate amount of the forged check or​
24.8checks is more than $2,500;​
24.9 (3) to imprisonment for not more than five years or to payment of a fine of not more​
24.10than $10,000, or both, if:​
24.11 (a) the forged check or checks are used to obtain or in an attempt to obtain, property or​
24.12services of more than $250 but not more than $2,500, or the aggregate face amount of the​
24.13forged check or checks is more than $250 but not more than $2,500; or​
24.14 (b) the forged check or checks are used to obtain or in an attempt to obtain, property or​
24.15services of no more than $250, or have an aggregate face value of no more than $250, and​
24.16the person has been convicted within the preceding five years for an offense under this​
24.17section, section 609.24; 609.245; 609.247; 609.52; 609.53; 609.582, subdivision 1, 2, or 3;​
24.18609.625; 609.63; or 609.821, or a statute from another state in conformity with any of those​
24.19sections, and the person received a felony or gross misdemeanor sentence for the offense,​
24.20or a sentence that was stayed under section 609.135 if the offense to which a plea was​
24.21entered would allow imposition of a felony or gross misdemeanor sentence; and​
24.22 (4) to imprisonment for not more than one year or to payment of a fine of not more than​
24.23$3,000, or both, if the forged check or checks are used to obtain or in an attempt to obtain,​
24.24property or services of no more than $250, or the aggregate face amount of the forged check​
24.25or checks is no more than $250.​
24.26 In any prosecution under this subdivision, the value of the checks forged or offered by​
24.27the defendant in violation of this subdivision within any six-month period may be aggregated​
24.28and the defendant charged accordingly in applying the provisions of this section. When two​
24.29or more offenses are committed by the same person in two or more counties, the accused​
24.30may be prosecuted in any county in which one of the checks was forged or offered for all​
24.31of the offenses aggregated under this paragraph.​
24​Article 2 Sec. 17.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 25.1 Sec. 18. Minnesota Statutes 2022, section 609.632, subdivision 4, is amended to read:​
25.2 Subd. 4.Penalty.(a) A person who is convicted of violating subdivision 1 or 2 may be​
25.3sentenced to imprisonment for not more than 20 years or to payment of a fine of not more​
25.4than $100,000, or both.​
25.5 (b) A person who is convicted of violating subdivision 3 may be sentenced as follows:​
25.6 (1) to imprisonment for not more than 20 years or to payment of a fine of not more than​
25.7$100,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain​
25.8property or services having a value of more than $35,000, or the aggregate face value of​
25.9the counterfeited item is more than $35,000;​
25.10 (2) to imprisonment for not more than ten years or to payment of a fine of not more than​
25.11$20,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain property​
25.12or services having a value of more than $5,000, or the aggregate face value of the​
25.13counterfeited item is more than $5,000;​
25.14 (3) to imprisonment for not more than five years or to payment of a fine of not more​
25.15than $10,000, or both, if:​
25.16 (i) the counterfeited item is used to obtain or in an attempt to obtain property or services​
25.17having a value of more than $1,000 or the aggregate face value of the counterfeited item is​
25.18more than $1,000; or​
25.19 (ii) the counterfeited item is used to obtain or in an attempt to obtain property or services​
25.20having a value of no more than $1,000, or the aggregate face value of the counterfeited item​
25.21is no more than $1,000, and the person has been convicted within the preceding five years​
25.22for an offense under this section, section 609.24; 609.245; 609.247; 609.52; 609.53; 609.582,​
25.23subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from another state or the​
25.24United States in conformity with any of those sections, and the person received a felony or​
25.25gross misdemeanor sentence for the offense, or a sentence that was stayed under section​
25.26609.135 if the offense to which a plea was entered would allow the imposition of a felony​
25.27or gross misdemeanor sentence; or​
25.28 (4) to imprisonment for not more than one year or to payment of a fine of not more than​
25.29$3,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain property​
25.30or services having a value of no more than $1,000, or the aggregate face value of the​
25.31counterfeited item is no more than $1,000.​
25​Article 2 Sec. 18.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 26.1 Sec. 19. Minnesota Statutes 2022, section 609.821, subdivision 3, is amended to read:​
26.2 Subd. 3.Sentence.(a) A person who commits financial transaction card fraud may be​
26.3sentenced as follows:​
26.4 (1) for a violation of subdivision 2, clause (1), (2), (5), (8), or (9):​
26.5 (i) to imprisonment for not more than 20 years or to payment of a fine of not more than​
26.6$100,000, or both, if the value of the property the person obtained or attempted to obtain​
26.7was more than $35,000, or the aggregate amount of the transactions under this subdivision​
26.8was more than $35,000; or​
26.9 (ii) to imprisonment for not more than ten years or to payment of a fine of not more than​
26.10$20,000, or both, if the value of the property the person obtained or attempted to obtain was​
26.11more than $2,500, or the aggregate amount of the transactions under this subdivision was​
26.12more than $2,500; or​
26.13 (iii) to imprisonment for not more than five years or to payment of a fine of not more​
26.14than $10,000, or both, if the value of the property the person obtained or attempted to obtain​
26.15was more than $250 but not more than $2,500, or the aggregate amount of the transactions​
26.16under this subdivision was more than $250 but not more than $2,500; or​
26.17 (iv) to imprisonment for not more than five years or to payment of a fine of not more​
26.18than $10,000, or both, if the value of the property the person obtained or attempted to obtain​
26.19was not more than $250, or the aggregate amount of the transactions under this subdivision​
26.20was not more than $250, and the person has previously been convicted within the preceding​
26.21five years for an offense under this section, section 609.24; 609.245; 609.247; 609.52;​
26.22609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.631, or a statute from​
26.23another state in conformity with any of those sections, and the person received a felony or​
26.24gross misdemeanor sentence for the offense, or a sentence that was stayed under section​
26.25609.135 if the offense to which a plea was entered would allow imposition of a felony or​
26.26gross misdemeanor sentence; or​
26.27 (v) to imprisonment for not more than one year or to payment of a fine of not more than​
26.28$3,000, or both, if the value of the property the person obtained or attempted to obtain was​
26.29not more than $250, or the aggregate amount of the transactions under this subdivision was​
26.30not more than $250;​
26.31 (2) for a violation of subdivision 2, clause (3) or (4), to imprisonment for not more than​
26.32three years or to payment of a fine of not more than $5,000, or both; or​
26.33 (3) for a violation of subdivision 2, clause (6) or (7):​
26​Article 2 Sec. 19.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 27.1 (i) if no property, other than a financial transaction card, has been obtained by the​
27.2defendant by means of the false statement or false report, to imprisonment for not more​
27.3than one year or to payment of a fine of not more than $3,000, or both; or​
27.4 (ii) if property, other than a financial transaction card, is so obtained, in the manner​
27.5provided in clause (1).​
27.6 (b) In any prosecution under paragraph (a), clause (1), the value of the transactions made​
27.7or attempted within any six-month period may be aggregated and the defendant charged​
27.8accordingly in applying the provisions of this section. When two or more offenses are​
27.9committed by the same person in two or more counties, the accused may be prosecuted in​
27.10any county in which one of the card transactions occurred for all of the transactions​
27.11aggregated under this paragraph.​
27.12Sec. 20. Minnesota Statutes 2022, section 611A.031, is amended to read:​
27.13 611A.031 VICTIM INPUT REGARDING PRETRIAL DIVERSION.​
27.14 A prosecutor shall make every reasonable effort to notify and seek input from the victim​
27.15prior to referring a person into a pretrial diversion program in lieu of prosecution for a​
27.16violation of sections 609.185, 609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223,​
27.17609.224, 609.2242, 609.24, 609.245, 609.247, 609.25, 609.255, 609.342, 609.343, 609.344,​
27.18609.345, 609.365, 609.498, 609.561, 609.582, subdivision 1, 609.687, 609.713, and 609.749.​
27.19Sec. 21. Minnesota Statutes 2022, section 611A.036, subdivision 7, is amended to read:​
27.20 Subd. 7.Definition.As used in this section, "violent crime" means a violation or attempt​
27.21to violate any of the following: section 609.185 (murder in the first degree); 609.19 (murder​
27.22in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the​
27.23first degree); 609.205 (manslaughter in the second degree); 609.2112, 609.2113, or 609.2114​
27.24(criminal vehicular homicide or injury); 609.221 (assault in the first degree); 609.222 (assault​
27.25in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth​
27.26degree); 609.2241 (knowing transfer of communicable disease); 609.2242 (domestic assault);​
27.27609.2245 (female genital mutilation); 609.2247 (domestic assault by strangulation); 609.228​
27.28(great bodily harm caused by distribution of drugs); 609.23 (mistreatment of persons​
27.29confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse);​
27.30609.233 (criminal neglect); 609.235 (use of drugs to injure or facilitate crime); 609.24​
27.31(simple robbery); 609.245 (aggravated robbery); 609.247 (carjacking); 609.25 (kidnapping);​
27.32609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of an unborn child​
27.33in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663​
27​Article 2 Sec. 21.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 28.1(murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child​
28.2in the first degree); 609.2665 (manslaughter of an unborn child in the second degree);​
28.3609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child​
28.4in the second degree); 609.2672 (assault of an unborn child in the third degree); 609.268​
28.5(injury or death of an unborn child in commission of a crime); 609.282 (labor trafficking);​
28.6609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342​
28.7(criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second​
28.8degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual​
28.9conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree);​
28.10609.3453 (criminal sexual predatory conduct); 609.3458 (sexual extortion); 609.352​
28.11(solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a​
28.12child); 609.378 (neglect or endangerment of a child); 609.561, subdivision 1 (arson in the​
28.13first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c) (burglary in the first​
28.14degree; occupied dwelling or involving an assault); 609.66, subdivision 1e, paragraph (b)​
28.15(drive-by shooting; firing at or toward a person, or an occupied building or motor vehicle);​
28.16or 609.749, subdivision 2 (harassment); or Minnesota Statutes 2012, section 609.21.​
28.17Sec. 22. Minnesota Statutes 2022, section 611A.08, subdivision 6, is amended to read:​
28.18 Subd. 6.Violent crime; definition.For purposes of this section, "violent crime" means​
28.19an offense named in sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222;​
28.20609.223; 609.2231; 609.24; 609.245; 609.247; 609.25; 609.255; 609.342; 609.343; 609.344;​
28.21609.345; 609.3458; 609.561; 609.562; 609.563; and 609.582, or an attempt to commit any​
28.22of these offenses. "Violent crime" includes crimes in other states or jurisdictions which​
28.23would have been within the definition set forth in this subdivision if they had been committed​
28.24in this state.​
28.25Sec. 23. Minnesota Statutes 2022, section 624.712, subdivision 5, is amended to read:​
28.26 Subd. 5.Crime of violence."Crime of violence" means: felony convictions of the​
28.27following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the​
28.28second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first​
28.29degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding​
28.30attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second​
28.31degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree);​
28.32609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic​
28.33assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235​
28.34(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated​
28​Article 2 Sec. 23.​
REVISOR KLL/NS 23-01270​12/20/22 ​ 29.1robbery); 609.247 (carjacking); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322​
29.2(solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal​
29.3sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree);​
29.4609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in​
29.5the fourth degree); 609.377 (malicious punishment of a child); 609.378 (neglect or​
29.6endangerment of a child); 609.486 (commission of crime while wearing or possessing a​
29.7bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a​
29.8controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first​
29.9degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the​
29.10first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully​
29.11owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot);​
29.12609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a​
29.13public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an​
29.14attempt to commit any of these offenses.​
29.15Sec. 24. EFFECTIVE DATE.​
29.16 This article is effective August 1, 2023.​
29​Article 2 Sec. 24.​
REVISOR KLL/NS 23-01270​12/20/22 ​