1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to public safety; establishing the Minnesota victims of crime account; |
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3 | 3 | | 1.3 providing grants to crime victim service providers; increasing certain fees and |
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4 | 4 | | 1.4 penalties for deposit in account; transferring money from general fund to account; |
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5 | 5 | | 1.5 amending Minnesota Statutes 2024, section 517.08, subdivisions 1b, 1c; proposing |
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6 | 6 | | 1.6 coding for new law in Minnesota Statutes, chapters 299A; 609. |
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7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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8 | 8 | | 1.8 Section 1. [299A.708] MINNESOTA VICTIMS OF CRIME ACCOUNT. |
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9 | 9 | | 1.9 Subdivision 1.Account established.The Minnesota victims of crime account is |
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10 | 10 | | 1.10established in the special revenue fund. |
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11 | 11 | | 1.11 Subd. 2.Source of funds.The account consists of money deposited, donated, allotted, |
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12 | 12 | | 1.12transferred, or otherwise provided to the account and any interest or earnings of the account. |
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13 | 13 | | 1.13 Subd. 3.Appropriation; account purpose; grants.Money in the account, including |
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14 | 14 | | 1.14interest accrued, is appropriated to the commissioner of public safety for the Office of Justice |
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15 | 15 | | 1.15Programs to provide grants to crime victim services providers. Grants must be used for |
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16 | 16 | | 1.16direct services and advocacy for victims of sexual assault, general crime, domestic violence, |
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17 | 17 | | 1.17and child abuse. Funding must support the direct needs of organizations serving victims of |
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18 | 18 | | 1.18crime and may provide: direct client assistance to crime victims; competitive wages for |
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19 | 19 | | 1.19direct service staff; hotel stays and other housing-related supports and services; culturally |
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20 | 20 | | 1.20responsive programming; prevention programming, including domestic abuse transformation |
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21 | 21 | | 1.21and restorative justice programming; and for other needs of organizations and crime victim |
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22 | 22 | | 1.22survivors. Services funded must include services for victims of crime in underserved |
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23 | 23 | | 1.23communities most impacted by violence and reflect the ethnic, racial, economic, cultural, |
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24 | 24 | | 1Section 1. |
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36 | 35 | | 2.2grant administration. |
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37 | 36 | | 2.3 Subd. 4.Reporting; carryover.(a) By January 15 of each year, the commissioner of |
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38 | 37 | | 2.4public safety shall submit a report to the chairs and ranking minority members of the |
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39 | 38 | | 2.5legislative committees with jurisdiction over public safety policy and finance on the account |
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40 | 39 | | 2.6established in subdivision 1. The report must provide detailed information on the money |
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41 | 40 | | 2.7deposited into the account and any money carried over from the previous year, including |
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42 | 41 | | 2.8the amounts and sources of the money. |
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43 | 42 | | 2.9 (b) Money in the account does not cancel but remains available for expenditures for |
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44 | 43 | | 2.10grants identified in subdivision 3. |
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45 | 44 | | 2.11 Sec. 2. Minnesota Statutes 2024, section 517.08, subdivision 1b, is amended to read: |
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46 | 45 | | 2.12 Subd. 1b.Term of license; fee; premarital education.(a) The local registrar shall |
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47 | 46 | | 2.13examine upon oath the parties applying for a license relative to the legality of the |
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48 | 47 | | 2.14contemplated civil marriage. Both parties must present proof of age to the local registrar. |
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49 | 48 | | 2.15If one party is unable to appear in person, the party appearing may complete the absent |
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50 | 49 | | 2.16applicant's information. The local registrar shall provide a copy of the civil marriage |
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51 | 50 | | 2.17application to the party who is unable to appear, who must verify the accuracy of the |
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52 | 51 | | 2.18appearing party's information in a notarized statement. The verification statement must be |
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53 | 52 | | 2.19accompanied by a copy of proof of age of the party. The civil marriage license must not be |
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54 | 53 | | 2.20released until the verification statement and proof of age has been received by the local |
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55 | 54 | | 2.21registrar. If the local registrar is satisfied that there is no legal impediment to it, including |
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56 | 55 | | 2.22the restriction contained in section 259.13, the local registrar shall issue the license, |
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57 | 56 | | 2.23containing the full names of the parties before and after the civil marriage, and county and |
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58 | 57 | | 2.24state of residence, with the county seal attached, and make a record of the date of issuance. |
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59 | 58 | | 2.25The license shall be valid for a period of six months. Except as provided in paragraph (b), |
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60 | 59 | | 2.26the local registrar shall collect from the applicant a fee of $115 $125 for administering the |
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61 | 60 | | 2.27oath, issuing, recording, and filing all papers required, and preparing and transmitting to |
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62 | 61 | | 2.28the state registrar of vital records the reports of civil marriage required by this section. If |
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63 | 62 | | 2.29the license should not be used within the period of six months due to illness or other |
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64 | 63 | | 2.30extenuating circumstances, it may be surrendered to the local registrar for cancellation, and |
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65 | 64 | | 2.31in that case a new license shall issue upon request of the parties of the original license |
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66 | 65 | | 2.32without fee. A local registrar who knowingly issues or signs a civil marriage license in any |
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67 | 66 | | 2.33manner other than as provided in this section shall pay to the parties aggrieved an amount |
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68 | 67 | | 2.34not to exceed $1,000. |
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69 | 68 | | 2Sec. 2. |
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71 | 70 | | 3.2premarital education is $40 $50. In order to qualify for the reduced license fee, the parties |
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72 | 71 | | 3.3must submit at the time of applying for the civil marriage license a statement that is signed, |
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73 | 72 | | 3.4dated, and notarized or marked with a church seal from the person who provided the |
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74 | 73 | | 3.5premarital education on their letterhead confirming that it was received. The premarital |
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75 | 74 | | 3.6education must be provided by a licensed or ordained minister or the minister's designee, |
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76 | 75 | | 3.7a person authorized to solemnize civil marriages under section 517.18, or a person authorized |
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77 | 76 | | 3.8to practice marriage and family therapy under section 148B.33. The education must include |
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78 | 77 | | 3.9the use of a premarital inventory and the teaching of communication and conflict management |
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79 | 78 | | 3.10skills. |
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80 | 79 | | 3.11 (c) The statement from the person who provided the premarital education under paragraph |
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81 | 80 | | 3.12(b) must be in the following form: |
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82 | 81 | | 3.13 "I, .......................... (name of educator), confirm that .......................... (names of both |
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83 | 82 | | 3.14parties) received at least 12 hours of premarital education that included the use of a premarital |
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84 | 83 | | 3.15inventory and the teaching of communication and conflict management skills. I am a licensed |
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85 | 84 | | 3.16or ordained minister, a person authorized to solemnize civil marriages under Minnesota |
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86 | 85 | | 3.17Statutes, section 517.18, or a person licensed to practice marriage and family therapy under |
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87 | 86 | | 3.18Minnesota Statutes, section 148B.33." |
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88 | 87 | | 3.19 The names of the parties in the educator's statement must be identical to the legal names |
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89 | 88 | | 3.20of the parties as they appear in the civil marriage license application. Notwithstanding |
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90 | 89 | | 3.21section 138.17, the educator's statement must be retained for seven years, after which time |
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91 | 90 | | 3.22it may be destroyed. |
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92 | 91 | | 3.23 Sec. 3. Minnesota Statutes 2024, section 517.08, subdivision 1c, is amended to read: |
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93 | 92 | | 3.24 Subd. 1c.Disposition of license fee.(a) Of the civil marriage license fee collected |
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94 | 93 | | 3.25pursuant to subdivision 1b, paragraph (a), $25 must be retained by the county. The local |
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95 | 94 | | 3.26registrar must pay $90 $100 to the commissioner of management and budget to be deposited |
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96 | 95 | | 3.27as follows: |
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97 | 96 | | 3.28 (1) $55 in the general fund; |
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98 | 97 | | 3.29 (2) $3 in the state government special revenue fund to be appropriated to the |
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99 | 98 | | 3.30commissioner of public safety for parenting time centers under section 119A.37; |
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100 | 99 | | 3.31 (3) $2 in the special revenue fund to be appropriated to the commissioner of health for |
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101 | 100 | | 3.32developing and implementing the MN ENABL program under section 145.9255; |
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102 | 101 | | 3Sec. 3. |
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104 | 103 | | 4.2and economic development for the Minnesota Family Resiliency Partnership under section |
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105 | 104 | | 4.3116L.96; and |
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106 | 105 | | 4.4 (5) $5 in the special revenue fund, which is appropriated to the Board of Regents of the |
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107 | 106 | | 4.5University of Minnesota for the Minnesota couples on the brink project under section 137.32; |
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108 | 107 | | 4.6and |
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109 | 108 | | 4.7 (6) $10 in the Minnesota victims of crime account in the special revenue fund under |
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110 | 109 | | 4.8section 299A.708. |
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111 | 110 | | 4.9 (b) Of the $40 fee under subdivision 1b, paragraph (b), $25 must be retained by the |
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112 | 111 | | 4.10county. The local registrar must pay $15 $25 to the commissioner of management and |
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113 | 112 | | 4.11budget to be deposited as follows: |
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114 | 113 | | 4.12 (1) $5 as provided in paragraph (a), clauses (2) and (3); and |
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115 | 114 | | 4.13 (2) $10 in the special revenue fund is appropriated to the commissioner of employment |
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116 | 115 | | 4.14and economic development for the Minnesota Family Resiliency Partnership under section |
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117 | 116 | | 4.15116L.96; and |
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118 | 117 | | 4.16 (3) $10 in the Minnesota victims of crime account in the special revenue fund under |
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119 | 118 | | 4.17section 299A.708. |
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120 | 119 | | 4.18 Sec. 4. [609.1015] CORPORATE OFFENDERS; PENALTY ASSESSMENT |
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121 | 120 | | 4.19REQUIRED. |
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122 | 121 | | 4.20 (a) As used in this section, "corporation" means any entity, other than a natural person, |
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123 | 122 | | 4.21that is capable under the laws of any state to sue, be sued, own property, contract, or employ |
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124 | 123 | | 4.22another. |
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125 | 124 | | 4.23 (b) When a court is sentencing a corporation that has been convicted of a crime, the |
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126 | 125 | | 4.24court shall impose an assessment of up to $1,000,000 if the conviction is for a felony offense, |
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127 | 126 | | 4.25up to $250,000 if the conviction is for a gross misdemeanor offense, and up to $100,000 if |
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128 | 127 | | 4.26the conviction is for a misdemeanor offense. The assessment is in addition to any criminal |
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129 | 128 | | 4.27fines, restitution, or surcharge, otherwise authorized or required under law. The court shall |
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130 | 129 | | 4.28impose an assessment of not less than 30 percent of the maximum assessment authorized |
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131 | 130 | | 4.29by this section unless the defendant makes a showing of undue hardship. The court may not |
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132 | 131 | | 4.30waive payment of the assessment. |
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133 | 132 | | 4.31 (c) In setting the amount of the assessment, the court shall take the following into |
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134 | 133 | | 4.32consideration: |
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135 | 134 | | 4Sec. 4. |
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145 | | - | 5.10 Sec. 5. [609.1016] VICTIM SERVICES ASSESSMENT. |
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146 | | - | 5.11 (a) When a court is sentencing a person for an offense listed in paragraph (b), the court |
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147 | | - | 5.12must impose a victim services assessment. If the violation is a misdemeanor, the assessment |
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148 | | - | 5.13must be at least $500 and not more than $750. For any other violation, the assessment must |
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149 | | - | 5.14be at least $750 and not more than $1,000. |
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150 | | - | 5.15 (b) The victim services assessment applies to a conviction of the following offenses: |
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151 | | - | 5.16 (1) any crime of violence as defined in section 624.712, subdivision 5, other than a |
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152 | | - | 5.17violation of chapter 152; |
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153 | | - | 5.18 (2) section 518B.01, subdivision 14 (violation of domestic abuse order for protection); |
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154 | | - | 5.19 (3) section 609.2242 (domestic assault); |
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155 | | - | 5.20 (4) section 609.324, subdivision 1, 1a, or 2 (patronizing or hiring an individual engaged |
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156 | | - | 5.21in prostitution); |
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157 | | - | 5.22 (5) section 609.3458 (sexual extortion); |
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158 | | - | 5.23 (6) section 609.748, subdivision 6 (violation of harassment restraining order); |
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159 | | - | 5.24 (7) section 617.261 (nonconsensual dissemination of private sexual images); or |
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160 | | - | 5.25 (8) section 629.75 (violation of domestic abuse no contact order). |
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161 | | - | 5.26 (c) The court must waive payment of the assessment required under this subdivision on |
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162 | | - | 5.27a showing of indigency and may waive or reduce payment of the assessment on a showing |
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163 | | - | 5.28of undue hardship upon the convicted person or the convicted person's immediate family. |
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| 144 | + | 5.10 Sec. 5. GENERAL FUND TRANSFER. |
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| 145 | + | 5.11 $....... in fiscal year 2026 and $....... in fiscal year 2027 are transferred from the general |
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| 146 | + | 5.12fund to the Minnesota victims of crime account in the special revenue fund under Minnesota |
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| 147 | + | 5.13Statutes, section 299A.708. |
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