106 | | - | REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 4.1 (4) obtain information grouped or aggregated by each field, where groups or subtotals |
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107 | | - | 4.2are feasible; and |
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108 | | - | 4.3 (5) allow the user to download the data into a user-controlled database. |
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109 | | - | 4.4 Sec. 3. Minnesota Statutes 2024, section 244.09, subdivision 11, is amended to read: |
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110 | | - | 4.5 Subd. 11.Modification.The commission shall meet as necessary for the purpose of |
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111 | | - | 4.6modifying and improving the guidelines. Any modification which amends the Sentencing |
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112 | | - | 4.7Guidelines grid, including severity levels and criminal history scores, or which would result |
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113 | | - | 4.8in the reduction of any sentence or in the early release of any inmate, with the exception of |
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114 | | - | 4.9a modification mandated or authorized by the legislature or relating to a crime created or |
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115 | | - | 4.10amended by the legislature in the preceding session, shall be submitted to the legislature by |
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116 | | - | 4.11January 15 of any year in which the commission wishes to make the change and shall be |
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117 | | - | 4.12effective on August 1 of that year, unless if the legislature by law provides otherwise adopts |
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118 | | - | 4.13or amends the modification. All other modifications shall take effect according to the |
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119 | | - | 4.14procedural rules of the commission. On or before January 15 of each year, the commission |
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120 | | - | 4.15shall submit a written report to the committees of the senate and the house of representatives |
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121 | | - | 4.16with jurisdiction over criminal justice policy that describes the commission's activities over |
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122 | | - | 4.17the previous year and identifies and explains all modifications made during the preceding |
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123 | | - | 4.1812 months and all proposed modifications that are being submitted to the legislature that |
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124 | | - | 4.19year. |
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125 | | - | 4.20 Sec. 4. Minnesota Statutes 2024, section 244.09, is amended by adding a subdivision to |
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126 | | - | 4.21read: |
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127 | | - | 4.22 Subd. 16.Report on dismissals with agreement of the prosecutor.The Sentencing |
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128 | | - | 4.23Guidelines Commission shall include in its annual report to the legislature a summary and |
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129 | | - | 4.24analysis of reports received from county attorneys under section 388.052. |
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130 | | - | 4.25 EFFECTIVE DATE.This section is effective August 1, 2025. |
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131 | | - | 4.26 Sec. 5. [388.052] REPORT ON CRIMINAL CHARGES AND CASES DISMISSED. |
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132 | | - | 4.27 (a) In each case where the defendant is charged with a felony, a county attorney who |
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133 | | - | 4.28dismisses any part of a criminal action pursuant to rule 30.01 of the Rules of Criminal |
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134 | | - | 4.29Procedure shall record the following information in writing: |
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135 | | - | 4.30 (1) the name of the defendant; |
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136 | | - | 4.31 (2) the date of the offense; |
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137 | | - | 4Sec. 5. |
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138 | | - | REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 5.1 (3) all crimes charged; |
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139 | | - | 5.2 (4) any charges that were dismissed; |
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140 | | - | 5.3 (5) the date of dismissal; and |
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141 | | - | 5.4 (6) any reason for the dismissal. |
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142 | | - | 5.5 (b) The county attorney shall forward the information recorded under paragraph (a) to |
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143 | | - | 5.6the Sentencing Guidelines Commission upon forms prescribed by the commission and must |
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144 | | - | 5.7publish the information on the county attorney's publicly accessible website. Information |
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145 | | - | 5.8forwarded to the Sentencing Guidelines Commission and posted on the county attorney's |
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146 | | - | 5.9website must not include identifying information of a victim. |
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147 | | - | 5.10 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to dismissals |
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148 | | - | 5.11occurring on or after that date. |
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149 | | - | 5.12 Sec. 6. [604.135] CRITICAL INFRASTRUCTURE; VICARIOUS LIABILITY. |
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150 | | - | 5.13 (a) A person who is arrested for or convicted of a violation of section 609.594 or 609.6055 |
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151 | | - | 5.14may be held liable for any damages to personal or real property while trespassing or causing |
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152 | | - | 5.15damage to the physical property of a critical public service facility, utility, or pipeline. |
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153 | | - | 5.16 (b) A person or entity that recruits, trains, aids, advises, hires, counsels, or conspires |
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154 | | - | 5.17with or otherwise procures another to trespass as described in paragraph (a) may also be |
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155 | | - | 5.18held vicariously liable for any damages to personal or real property committed by the |
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156 | | - | 5.19individual arrested or convicted under section 609.594 or 609.6055. |
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157 | | - | 5.20 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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158 | | - | 5.21committed on or after that date. |
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159 | | - | 5.22 Sec. 7. Minnesota Statutes 2024, section 609.2231, subdivision 1, is amended to read: |
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160 | | - | 5.23 Subdivision 1.Peace officers.(a) As used in this subdivision, "peace officer" means a |
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161 | | - | 5.24person who is licensed under section 626.845, subdivision 1, and effecting a lawful arrest |
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162 | | - | 5.25or executing any other duty imposed by law. |
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163 | | - | 5.26 (b) Whoever physically assaults a peace officer is guilty of a gross misdemeanor felony |
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164 | | - | 5.27and may be sentenced to imprisonment for not more than two years or to payment of a fine |
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165 | | - | 5.28of not more than $4,000, or both. |
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166 | | - | 5.29 (c) Whoever commits either of the following acts against a peace officer is guilty of a |
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167 | | - | 5.30felony and may be sentenced to imprisonment for not more than three years or to payment |
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168 | | - | 5.31of a fine of not more than $6,000, or both: (1) physically assaults the officer if the assault |
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169 | | - | 5Sec. 7. |
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170 | | - | REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 6.1inflicts demonstrable bodily harm; or (2) intentionally throws or otherwise transfers bodily |
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171 | | - | 6.2fluids or feces at or onto the officer. |
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172 | | - | 6.3 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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173 | | - | 6.4committed on or after that date. |
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174 | | - | 6.5 Sec. 8. Minnesota Statutes 2024, section 609.322, subdivision 1, is amended to read: |
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175 | | - | 6.6 Subdivision 1.Solicitation, inducement, and promotion of prostitution; sex trafficking |
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176 | | - | 6.7in the first degree.(a) Whoever, while acting other than as a prostitute or patron, |
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177 | | - | 6.8intentionally does any of the following may be sentenced to imprisonment for not more |
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178 | | - | 6.9than 25 years or to payment of a fine of not more than $50,000, or both: |
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179 | | - | 6.10 (1) solicits or induces an individual under the age of 18 years to practice prostitution; |
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180 | | - | 6.11 (2) promotes the prostitution of an individual under the age of 18 years; |
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181 | | - | 6.12 (3) receives profit, knowing or having reason to know that it is derived from the |
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182 | | - | 6.13prostitution, or the promotion of the prostitution, of an individual under the age of 18 years; |
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183 | | - | 6.14or |
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184 | | - | 6.15 (4) engages in the sex trafficking of an individual under the age of 18 years. |
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185 | | - | 6.16 (b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment |
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186 | | - | 6.17for not more than 30 years or to payment of a fine of not more than $60,000, or both, if one |
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187 | | - | 6.18or more of the following aggravating factors are present: |
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188 | | - | 6.19 (1) the offender has committed a prior qualified human trafficking-related offense; |
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189 | | - | 6.20 (2) the offense involved a sex trafficking victim who suffered bodily harm during the |
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190 | | - | 6.21commission of the offense; |
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191 | | - | 6.22 (3) the time period that a sex trafficking victim was held in debt bondage or forced or |
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192 | | - | 6.23coerced labor or services exceeded 180 days; or |
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193 | | - | 6.24 (4) the offense involved more than one sex trafficking victim. |
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194 | | - | 6.25 (c) Unless a longer mandatory minimum sentence is otherwise required by law or the |
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195 | | - | 6.26Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall |
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196 | | - | 6.27presume that an executed sentence of 120 months must be imposed on an offender convicted |
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197 | | - | 6.28of violating this section under the conditions described in paragraph (a), and an executed |
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198 | | - | 6.29sentence of 144 months must be imposed on an offender convicted of violating this section |
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199 | | - | 6.30under the conditions described in paragraph (b). Sentencing a person in a manner other than |
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200 | | - | 6.31that described in this paragraph is a departure from the Sentencing Guidelines. |
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201 | | - | 6Sec. 8. |
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202 | | - | REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 7.1 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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203 | | - | 7.2committed on or after that date. |
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204 | | - | 7.3 Sec. 9. Minnesota Statutes 2024, section 609.487, is amended by adding a subdivision to |
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205 | | - | 7.4read: |
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206 | | - | 7.5 Subd. 3a.Fleeing officer; failure to obey signs.Whoever flees or attempts to flee by |
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207 | | - | 7.6means of a motor vehicle a peace officer who is acting in the lawful discharge of an official |
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208 | | - | 7.7duty, and the perpetrator knows or should reasonably know the same to be a peace officer, |
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209 | | - | 7.8and who in the course of fleeing in a motor vehicle does any of the following is guilty of a |
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210 | | - | 7.9felony and may be sentenced to imprisonment for not more than five years or to payment |
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211 | | - | 7.10of a fine of not more than $10,000 or both: |
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212 | | - | 7.11 (1) fails to obey signs, signals, or markings in violation of section 169.06, subdivision |
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213 | | - | 7.124, 4a, 4b, 5, 6, 7, or 8; or |
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214 | | - | 7.13 (2) fails to keep on the proper side of the road in violation of section 169.18. |
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215 | | - | 7.14 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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216 | | - | 7.15committed on or after that date. |
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217 | | - | 7.16 Sec. 10. Minnesota Statutes 2024, section 609.52, is amended by adding a subdivision to |
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218 | | - | 7.17read: |
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219 | | - | 7.18 Subd. 2a.Illegal presence in a stolen motor vehicle.(a) A person who enters into or |
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220 | | - | 7.19is found in a motor vehicle that the person knows or has reason to know was taken or stolen |
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221 | | - | 7.20in violation of subdivision 2 is guilty of a misdemeanor. |
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222 | | - | 7.21 (b) A person who violates paragraph (a) after being previously convicted or adjudicated |
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223 | | - | 7.22delinquent for violating paragraph (a) is guilty of a gross misdemeanor. |
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224 | | - | 7.23 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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225 | | - | 7.24committed on or after that date. |
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226 | | - | 7.25 Sec. 11. Minnesota Statutes 2024, section 609.594, subdivision 2, is amended to read: |
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227 | | - | 7.26 Subd. 2.Prohibited conduct; penalty.(a) Whoever causes damage to the physical |
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228 | | - | 7.27property of a critical public service facility, utility, or pipeline with the intent to significantly |
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229 | | - | 7.28disrupt the operation of or the provision of services by the facility, utility, or pipeline and |
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230 | | - | 7.29without the consent of one authorized to give consent, is guilty of a felony and may be |
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231 | | - | 7.30sentenced to imprisonment for not more than ten years or to payment of a fine of not more |
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232 | | - | 7.31than $20,000, or both. |
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233 | | - | 7Sec. 11. |
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234 | | - | REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 8.1 (b) Whoever intentionally recruits, trains, aids, advises, hires, counsels, or conspires |
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235 | | - | 8.2with or otherwise procures another to commit a violation of paragraph (a) is guilty of a |
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236 | | - | 8.3felony and may be sentenced to imprisonment for not more than ten years or to payment of |
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237 | | - | 8.4a fine of not more than $20,000, or both, if a violation is committed and the person fails to |
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238 | | - | 8.5make a reasonable effort to prevent the violation. |
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239 | | - | 8.6 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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240 | | - | 8.7committed on or after that date. |
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241 | | - | 8.8 Sec. 12. Minnesota Statutes 2024, section 609.6055, subdivision 2, is amended to read: |
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242 | | - | 8.9 Subd. 2.Prohibited conduct; penalty.(a) Whoever enters or is found upon property |
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243 | | - | 8.10containing a critical public service facility, utility, or pipeline, without claim of right or |
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244 | | - | 8.11consent of one who has the right to give consent to be on the property, is guilty of a gross |
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245 | | - | 8.12misdemeanor, if: |
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246 | | - | 8.13 (1) the person refuses to depart from the property on the demand of one who has the |
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247 | | - | 8.14right to give consent; |
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248 | | - | 8.15 (2) within the past six months, the person had been told by one who had the right to give |
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249 | | - | 8.16consent to leave the property and not to return, unless a person with the right to give consent |
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250 | | - | 8.17has given the person permission to return; or |
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251 | | - | 8.18 (3) the property is posted. |
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252 | | - | 8.19 (b) Whoever enters an underground structure that (1) contains a utility line or pipeline |
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253 | | - | 8.20and (2) is not open to the public for pedestrian use, without claim of right or consent of one |
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254 | | - | 8.21who has the right to give consent to be in the underground structure, is guilty of a gross |
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255 | | - | 8.22misdemeanor. The underground structure does not need to be posted for this paragraph to |
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256 | | - | 8.23apply. |
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257 | | - | 8.24 (c) Whoever intentionally recruits, trains, aids, advises, hires, counsels, or conspires |
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258 | | - | 8.25with or otherwise procures another to commit a violation of paragraph (a) is guilty of a |
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259 | | - | 8.26gross misdemeanor if a violation is committed and the person fails to make a reasonable |
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260 | | - | 8.27effort to prevent the violation. |
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261 | | - | 8.28 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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262 | | - | 8.29committed on or after that date. |
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263 | | - | 8Sec. 12. |
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264 | | - | REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 9.1 Sec. 13. Minnesota Statutes 2024, section 609.74, is amended to read: |
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265 | | - | 9.2 609.74 PUBLIC NUISANCE. |
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266 | | - | 9.3 (a) Whoever by an act or failure to perform a legal duty intentionally does any of the |
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267 | | - | 9.4following is guilty of maintaining a public nuisance, which is a misdemeanor: |
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268 | | - | 9.5 (1) maintains or permits a condition which unreasonably annoys, injures or endangers |
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269 | | - | 9.6the safety, health, morals, comfort, or repose of any considerable number of members of |
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270 | | - | 9.7the public; or |
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271 | | - | 9.8 (2) except as provided in paragraph (b), interferes with, obstructs, or renders dangerous |
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272 | | - | 9.9for passage, any public highway or right-of-way, or waters used by the public; or |
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273 | | - | 9.10 (3) is guilty of any other act or omission declared by law to be a public nuisance and for |
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274 | | - | 9.11which no sentence is specifically provided. |
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275 | | - | 9.12 (b) It is a gross misdemeanor for a person to interfere with or obstruct traffic that is |
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276 | | - | 9.13entering, exiting, or on a freeway or entering, exiting, or on a public roadway within the |
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277 | | - | 9.14boundaries of airport property with the intent to interfere with, obstruct, or otherwise disrupt |
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278 | | - | 9.15traffic. This paragraph does not apply to the actions of law enforcement or other emergency |
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279 | | - | 9.16responders, road or airport authorities, or utility officials, or their agents, employees, or |
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280 | | - | 9.17contractors when carrying out duties imposed by law or contract. For purposes of this |
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281 | | - | 9.18paragraph, "airport" means an airport that has a control tower and airline service, and |
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282 | | - | 9.19"freeway" means any section of a divided highway where the only access and egress for |
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283 | | - | 9.20vehicular traffic is from entrance and exit ramps. |
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284 | | - | 9.21 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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285 | | - | 9.22committed on or after that date. |
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286 | | - | 9.23 Sec. 14. Minnesota Statutes 2024, section 609.855, subdivision 2, is amended to read: |
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287 | | - | 9.24 Subd. 2.Unlawful interference with transit operator.(a) Whoever intentionally |
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288 | | - | 9.25commits an act that interferes with or obstructs, or tends to interfere with or obstruct, the |
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289 | | - | 9.26operation of a transit vehicle is guilty of unlawful interference with a transit operator a crime |
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290 | | - | 9.27and may be sentenced as provided in paragraph (c). |
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291 | | - | 9.28 (b) An act that is committed on a transit vehicle that distracts the driver from the safe |
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292 | | - | 9.29operation of the vehicle, restricts passenger access to the transit vehicle, or that endangers |
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293 | | - | 9.30passengers is a violation of this subdivision if an authorized transit representative has clearly |
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294 | | - | 9.31warned the person once to stop the act. |
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295 | | - | 9.32 (c) A person who violates this subdivision may be sentenced as follows: |
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296 | | - | 9Sec. 14. |
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297 | | - | REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 10.1 (1) to imprisonment for not more than three years or to payment of a fine of not more |
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298 | | - | 10.2than $5,000, or both, if the violation was accompanied by force or violence or a |
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299 | | - | 10.3communication of a threat of force or violence; or |
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300 | | - | 10.4 (2) to imprisonment for not more than 90 364 days or to payment of a fine of not more |
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301 | | - | 10.5than $1,000 $3,000, or both, if the violation was not accompanied by force or violence or |
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302 | | - | 10.6a communication of a threat of force or violence. |
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303 | | - | 10.7 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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304 | | - | 10.8committed on or after that date. |
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305 | | - | 10.9 Sec. 15. Minnesota Statutes 2024, section 626A.35, subdivision 2b, is amended to read: |
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306 | | - | 10.10 Subd. 2b.Exception; stolen motor vehicles.(a) The prohibition under subdivision 1 |
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307 | | - | 10.11does not apply to the use of a mobile tracking device on a stolen motor vehicle when: |
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308 | | - | 10.12 (1) the consent of the owner of the vehicle has been obtained; or |
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309 | | - | 10.13 (2) the owner of the motor vehicle has reported to law enforcement that the vehicle is |
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310 | | - | 10.14stolen, and the vehicle is occupied when the tracking device is installed and the stolen |
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311 | | - | 10.15vehicle is not on private property. |
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312 | | - | 10.16 (b) Within 24 12 hours of a tracking device being attached to a vehicle pursuant to the |
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313 | | - | 10.17authority granted in paragraph (a), clause (2), an officer employed by the agency that attached |
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314 | | - | 10.18the tracking device to the vehicle must remove the device, disable the device, or obtain a |
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315 | | - | 10.19search warrant granting approval to continue to use the device in the investigation. |
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316 | | - | 10.20 (c) A peace officer employed by the agency that attached a tracking device to a stolen |
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317 | | - | 10.21motor vehicle must remove the tracking device if the vehicle is recovered and returned to |
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318 | | - | 10.22the owner. |
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319 | | - | 10.23 (d) Any tracking device evidence collected after the motor vehicle is returned to the |
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320 | | - | 10.24owner is inadmissible. |
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321 | | - | 10.25 (e) When a peace officer attaches a tracking device to a stolen vehicle pursuant to |
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322 | | - | 10.26paragraph (a), clause (2), the peace officer must prepare a report that includes the evidence |
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323 | | - | 10.27relied upon to establish the vehicle was reported stolen, the date and time the device was |
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324 | | - | 10.28attached to the vehicle, the method used to attach the device to the vehicle, the duration for |
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325 | | - | 10.29which the tracking device was attached to the vehicle, and an explanation of how the device |
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326 | | - | 10.30impacted the outcome of the investigation. Reports created under this paragraph must be |
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327 | | - | 10.31retained as part of the criminal investigation file. |
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328 | | - | 10Sec. 15. |
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329 | | - | REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 11.1 (f) By August 1, 2024, and each year thereafter, the chief law enforcement officer of an |
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330 | | - | 11.2agency that obtains a search warrant under paragraph (b), must provide notice to the |
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331 | | - | 11.3superintendent of the Bureau of Criminal Apprehension of the number of search warrants |
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332 | | - | 11.4the agency obtained under this subdivision in the preceding 12 months. The superintendent |
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333 | | - | 11.5must provide a summary of the data received pursuant to this paragraph in the bureau's |
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334 | | - | 11.6biennial report to the legislature required under section 299C.18. |
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335 | | - | 11.7 Sec. 16. Minnesota Statutes 2024, section 626A.35, is amended by adding a subdivision |
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336 | | - | 11.8to read: |
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337 | | - | 11.9 Subd. 2c.Exception; fleeing motor vehicles.The prohibition under subdivision 1 does |
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338 | | - | 11.10not apply to the use of a mobile tracking device on a fleeing motor vehicle. For purposes |
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339 | | - | 11.11of this subdivision, "flee" has the meaning given in section 609.487, subdivision 1. |
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340 | | - | 11.12Sec. 17. Minnesota Statutes 2024, section 629.53, is amended to read: |
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341 | | - | 11.13 629.53 PROVIDING RELEASE ON BAIL; COMMITMENT . |
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342 | | - | 11.14 A person charged with a criminal offense may be released with or without bail in |
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343 | | - | 11.15accordance with rule 6.02 of the Rules of Criminal Procedure. Money bail is the property |
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344 | | - | 11.16of the accused, whether deposited by that person or by a third person on the accused's behalf. |
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345 | | - | 11.17When money bail is accepted by a judge, that judge shall order it to be deposited with the |
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346 | | - | 11.18court administrator and shall notify the agency having custody of the arrested or detained |
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347 | | - | 11.19person or the agency's designee that money bail has been posted, the amount posted, and, |
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348 | | - | 11.20if the arrested or detained person is being held in custody for a crime against a person listed |
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349 | | - | 11.21in section 611A.031 or a crime of violence as defined in section 629.725, the identity of the |
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350 | | - | 11.22person or entity that posted the bail. The court administrator shall retain it until the final |
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351 | | - | 11.23disposition of the case and the final order of the court disposing of the case. Upon release, |
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352 | | - | 11.24the amount released must be paid to the accused personally or upon that person's written |
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353 | | - | 11.25order. In case of conviction, the judge may order the money bail deposit to be applied to |
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354 | | - | 11.26any fine or restitution imposed on the defendant by the court and, if the fine or restitution |
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355 | | - | 11.27is less than the deposit, order the balance to be paid to the defendant. Money bail deposited |
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356 | | - | 11.28with the court or any officer of it is exempt from garnishment or levy under attachment or |
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357 | | - | 11.29execution. |
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358 | | - | 11Sec. 17. |
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359 | | - | REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 12.1 Sec. 18. Minnesota Statutes 2024, section 629.67, is amended to read: |
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360 | | - | 12.2 629.67 SURETIES ON BOND, RECOGNIZANCE, OR UNDERTAKING; |
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361 | | - | 12.3AFFIDAVITS REQUIRED. |
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362 | | - | 12.4 (a) A personal surety upon any bond, recognizance, or undertaking given to secure the |
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363 | | - | 12.5appearance of a defendant in a criminal case shall make an affidavit, to be attached to the |
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364 | | - | 12.6bond, recognizance, or undertaking, stating: |
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365 | | - | 12.7 (1) the surety's full name; |
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366 | | - | 12.8 (2) the surety's residence and post office address; |
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367 | | - | 12.9 (3) whether or not the affiant is surety upon any other bond, recognizance, or undertaking |
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368 | | - | 12.10in any criminal case, and, if so, stating the name of the principal, the amount of each |
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369 | | - | 12.11obligation, and the court in which the obligation was given; and |
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370 | | - | 12.12 (4) the legal description of all real property owned by the surety and specifying as to |
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371 | | - | 12.13each parcel of property its fair market value, what liens or encumbrances, if any, exist on |
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372 | | - | 12.14it, and whether or not the property is the surety's homestead or is otherwise exempt from |
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373 | | - | 12.15execution. The court may require the surety to disclose all or some of the surety's personal |
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374 | | - | 12.16property by affidavit as required for real property. |
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375 | | - | 12.17 (b) The court may, in its discretion, by written order endorsed on the bond, recognizance, |
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376 | | - | 12.18or undertaking, dispense with the affidavit disclosing the surety's real or personal property, |
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377 | | - | 12.19or any part of it, if the court is satisfied that the surety is worth the amount necessary to act |
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378 | | - | 12.20as surety on the bond, recognizance or undertaking to secure the defendant in a criminal |
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379 | | - | 12.21case and is not a professional or habitual bonding agent in criminal cases. |
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380 | | - | 12.22 (c) The court shall provide the agency having custody of a defendant in a criminal case |
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381 | | - | 12.23who is charged with a crime against a person listed in section 611A.031 or a crime of |
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382 | | - | 12.24violence as defined in section 629.725 with a copy of the affidavit identified in paragraph |
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383 | | - | 12.25(a). |
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384 | | - | 12.26 EFFECTIVE DATE.This section is effective the day following final enactment. |
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385 | | - | 12.27Sec. 19. Minnesota Statutes 2024, section 629.70, is amended to read: |
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386 | | - | 12.28 629.70 AUTHORIZED CORPORATE BONDS AND RECOGNIZANCES. |
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387 | | - | 12.29 A defendant required to give a bond, recognizance, or undertaking to secure an appearance |
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388 | | - | 12.30in a criminal case may choose to give a surety bond, recognizance, or undertaking executed |
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389 | | - | 12.31by a corporation authorized by law to execute bonds, recognizances, or undertakings. |
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390 | | - | 12.32However, the amount of the bond, recognizance, or undertaking as fixed by the court must |
---|
391 | | - | 12Sec. 19. |
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392 | | - | REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 13.1be the same regardless of the kind of bond, recognizance, or undertaking given. When a |
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393 | | - | 13.2corporation authorized by law to execute bonds, recognizances, or undertakings has given |
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394 | | - | 13.3a surety bond, recognizance, or undertaking on behalf of a defendant charged with a crime |
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395 | | - | 13.4against a person listed in section 611A.031 or a crime of violence as defined in section |
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396 | | - | 13.5629.725, the court shall notify the agency having custody of the defendant or the agency's |
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397 | | - | 13.6designee that a surety bond, recognizance, or undertaking has been given; the amount of |
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398 | | - | 13.7the surety bond, recognizance, or undertaking; and the identity of the person or entity that |
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399 | | - | 13.8posted the surety bond, recognizance, or undertaking. |
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400 | | - | 13.9 EFFECTIVE DATE.This section is effective the day following final enactment. |
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401 | | - | 13.10Sec. 20. SEARCHABLE PUBLIC DATABASE; APPROPRIATION. |
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402 | | - | 13.11 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general |
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403 | | - | 13.12fund to the Minnesota Sentencing Guidelines Commission to develop and maintain a publicly |
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404 | | - | 13.13searchable database pursuant to Minnesota Statutes, section 244.09, subdivision 6a. The |
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405 | | - | 13.14base for this appropriation is $....... in fiscal year 2028 and thereafter. |
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406 | | - | 13Sec. 20. |
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407 | | - | REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT |
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| 106 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT 4.1 (b) A person also shall register under this section if: |
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| 107 | + | 4.2 (1) the person was charged with or petitioned for an offense in another state similar to |
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| 108 | + | 4.3an offense or involving similar circumstances to an offense described in paragraph (a), |
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| 109 | + | 4.4clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another |
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| 110 | + | 4.5offense arising out of the same set of circumstances; |
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| 111 | + | 4.6 (2) the person enters this state to reside, work, or attend school, or enters this state and |
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| 112 | + | 4.7remains for 14 days or longer or for an aggregate period of time exceeding 30 days during |
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| 113 | + | 4.8any calendar year; and |
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| 114 | + | 4.9 (3) ten years have not elapsed since the person was released from confinement or, if the |
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| 115 | + | 4.10person was not confined, since the person was convicted of or adjudicated delinquent for |
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| 116 | + | 4.11the offense that triggers registration, unless the person is subject to a longer registration |
---|
| 117 | + | 4.12period under the laws of another state in which the person has been convicted or adjudicated, |
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| 118 | + | 4.13or is subject to lifetime registration. |
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| 119 | + | 4.14 If a person described in this paragraph is subject to a longer registration period in another |
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| 120 | + | 4.15state or is subject to lifetime registration, the person shall register for that time period |
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| 121 | + | 4.16regardless of when the person was released from confinement, convicted, or adjudicated |
---|
| 122 | + | 4.17delinquent. |
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| 123 | + | 4.18 (c) A person also shall register under this section if the person was committed pursuant |
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| 124 | + | 4.19to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter |
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| 125 | + | 4.20253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the |
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| 126 | + | 4.21United States, regardless of whether the person was convicted of any offense. |
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| 127 | + | 4.22 (d) A person also shall register under this section if: |
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| 128 | + | 4.23 (1) the person was charged with or petitioned for a felony violation or attempt to violate |
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| 129 | + | 4.24any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or |
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| 130 | + | 4.25the United States, or the person was charged with or petitioned for a violation of any of the |
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| 131 | + | 4.26offenses listed in paragraph (a), clause (2), or a similar law of another state or the United |
---|
| 132 | + | 4.27States; |
---|
| 133 | + | 4.28 (2) the person was found not guilty by reason of mental illness or mental deficiency |
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| 134 | + | 4.29after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in |
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| 135 | + | 4.30states with a guilty but mentally ill verdict; and |
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| 136 | + | 4.31 (3) the person was committed pursuant to a court commitment order under section |
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| 137 | + | 4.32253B.18 or a similar law of another state or the United States. |
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| 138 | + | 4Sec. 2. |
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| 139 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT 5.1 (e) A person also shall register under this section if the person received a stay of |
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| 140 | + | 5.2adjudication under section 609.095, paragraph (b), for a charge of violating section 243.166; |
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| 141 | + | 5.3609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3; 609.3453; 617.246; or |
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| 142 | + | 5.4617.247, unless the offender is a juvenile and the court finds, on the record, that there is |
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| 143 | + | 5.5good cause to waive the registration requirement. The assigned corrections agent for a |
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| 144 | + | 5.6person who is required to register under this paragraph and who was sentenced before July |
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| 145 | + | 5.71, 2025, must notify the person of the duty to register by July 31, 2025. If the person does |
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| 146 | + | 5.8not have a corrections agent but has an obligation to register under this section, the bureau |
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| 147 | + | 5.9must provide notice to the person and the law enforcement authority with jurisdiction over |
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| 148 | + | 5.10the person's primary address. A person who is required to register under this paragraph and |
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| 149 | + | 5.11who was sentenced before July 1, 2025, must register within 30 days of receiving notice of |
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| 150 | + | 5.12the obligation to register. A person who is required to register under this paragraph, was |
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| 151 | + | 5.13sentenced before July 1, 2025, and was a juvenile at the time of sentencing may petition |
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| 152 | + | 5.14the sentencing court to waive the registration requirement. |
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| 153 | + | 5.15 Sec. 3. Minnesota Statutes 2024, section 243.166, subdivision 2, is amended to read: |
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| 154 | + | 5.16 Subd. 2.Notice.When a person who is required to register under subdivision 1b, |
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| 155 | + | 5.17paragraph (a) or (e), is sentenced or becomes subject to a juvenile court disposition order, |
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| 156 | + | 5.18the court shall tell the person of the duty to register under this section and that, if the person |
---|
| 157 | + | 5.19fails to comply with the registration requirements, information about the offender may be |
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| 158 | + | 5.20made available to the public through electronic, computerized, or other accessible means. |
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| 159 | + | 5.21Except as provided for in subdivision 1b, paragraph (e), the court may not modify the |
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| 160 | + | 5.22person's duty to register in the pronounced sentence or disposition order. The court shall |
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| 161 | + | 5.23require the person to read and sign a form stating that the duty of the person to register under |
---|
| 162 | + | 5.24this section has been explained. The court shall make available the signed court notification |
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| 163 | + | 5.25form, the complaint, and sentencing documents to the bureau. If a person required to register |
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| 164 | + | 5.26under subdivision 1b, paragraph (a), was not notified by the court of the registration |
---|
| 165 | + | 5.27requirement at the time of sentencing or disposition, the assigned corrections agent shall |
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| 166 | + | 5.28notify the person of the requirements of this section. If a person required to register under |
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| 167 | + | 5.29subdivision 1b, paragraph (a) or (e), was not notified by the court of the registration |
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| 168 | + | 5.30requirement at the time of sentencing or disposition and does not have a corrections agent, |
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| 169 | + | 5.31the law enforcement authority with jurisdiction over the person's primary address shall |
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| 170 | + | 5.32notify the person of the requirements. When a person who is required to register under |
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| 171 | + | 5.33subdivision 1b, paragraph (c) or (d), is released from commitment, the treatment facility |
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| 172 | + | 5.34shall notify the person of the requirements of this section. The treatment facility shall also |
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| 173 | + | 5.35obtain the registration information required under this section and forward it to the bureau. |
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| 174 | + | 5Sec. 3. |
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| 175 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT 6.1 Sec. 4. Minnesota Statutes 2024, section 244.09, is amended by adding a subdivision to |
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| 176 | + | 6.2read: |
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| 177 | + | 6.3 Subd. 6a.Publicly searchable database.(a) The commission shall maintain a public |
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| 178 | + | 6.4website with a searchable database that provides the public with information on criminal |
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| 179 | + | 6.5sentences stayed or imposed by the courts. The website must not include information that |
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| 180 | + | 6.6is not public data, as defined in section 13.02, subdivision 8a. |
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| 181 | + | 6.7 (b) The website required under paragraph (a) must contain all the information transmitted |
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| 182 | + | 6.8from the sentencing court to the commission including information in the sentencing |
---|
| 183 | + | 6.9worksheet transmitted pursuant to section 609.115, subdivision 2a, and the sentencing order |
---|
| 184 | + | 6.10and departure report, if any, sent pursuant to rule 27.03 of the Rules of Criminal Procedure. |
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| 185 | + | 6.11Data received by the commission must be entered into separate fields in the database. |
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| 186 | + | 6.12 (c) The searchable database must allow a user of the website to: |
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| 187 | + | 6.13 (1) search by individual fields, including but not limited to: |
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| 188 | + | 6.14 (i) case number; |
---|
| 189 | + | 6.15 (ii) defendant name; |
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| 190 | + | 6.16 (iii) date of offense; |
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| 191 | + | 6.17 (iv) the judicial district where the sentence was stayed or imposed; |
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| 192 | + | 6.18 (v) the county where the sentence was stayed or imposed; |
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| 193 | + | 6.19 (vi) the year in which the sentence was stayed or imposed; |
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| 194 | + | 6.20 (vii) the judge who stayed or imposed the sentence; |
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| 195 | + | 6.21 (viii) the crime for which the sentence was stayed or imposed; |
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| 196 | + | 6.22 (ix) the defendant's criminal history score; |
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| 197 | + | 6.23 (x) the severity level of the offense for which a sentence was stayed or imposed; |
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| 198 | + | 6.24 (xi) executed sentences, including the length of sentence imposed and executed; |
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| 199 | + | 6.25 (xii) stayed sentences, including the length of probation ordered and, if applicable, the |
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| 200 | + | 6.26length of sentence imposed but not executed; |
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| 201 | + | 6.27 (xiii) whether the sentence was a departure from the Sentencing Guidelines and, if so, |
---|
| 202 | + | 6.28whether it was an aggravated durational, aggravated dispositional, mitigated durational, |
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| 203 | + | 6.29mitigated dispositional, or hybrid departure; and |
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| 204 | + | 6Sec. 4. |
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| 205 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT 7.1 (xiv) whether a departure from the Sentencing Guidelines was ordered with prosecutor |
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| 206 | + | 7.2agreement; |
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| 207 | + | 7.3 (2) perform a search using at least two fields; |
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| 208 | + | 7.4 (3) sort by each field; |
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| 209 | + | 7.5 (4) obtain information grouped or aggregated by each field, where groups or subtotals |
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| 210 | + | 7.6are feasible; and |
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| 211 | + | 7.7 (5) allow the user to download the data into a user-controlled database. |
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| 212 | + | 7.8 Sec. 5. Minnesota Statutes 2024, section 244.09, subdivision 11, is amended to read: |
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| 213 | + | 7.9 Subd. 11.Modification.The commission shall meet as necessary for the purpose of |
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| 214 | + | 7.10modifying and improving the guidelines. Any modification which amends the Sentencing |
---|
| 215 | + | 7.11Guidelines grid, including severity levels and criminal history scores, or which would result |
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| 216 | + | 7.12in the reduction of any sentence or in the early release of any inmate, with the exception of |
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| 217 | + | 7.13a modification mandated or authorized by the legislature or relating to a crime created or |
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| 218 | + | 7.14amended by the legislature in the preceding session, shall be submitted to the legislature by |
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| 219 | + | 7.15January 15 of any year in which the commission wishes to make the change and shall be |
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| 220 | + | 7.16effective on August 1 of that year, unless if the legislature by law provides otherwise adopts |
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| 221 | + | 7.17or amends the modification. All other modifications shall take effect according to the |
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| 222 | + | 7.18procedural rules of the commission. On or before January 15 of each year, the commission |
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| 223 | + | 7.19shall submit a written report to the committees of the senate and the house of representatives |
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| 224 | + | 7.20with jurisdiction over criminal justice policy that describes the commission's activities over |
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| 225 | + | 7.21the previous year and identifies and explains all modifications made during the preceding |
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| 226 | + | 7.2212 months and all proposed modifications that are being submitted to the legislature that |
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| 227 | + | 7.23year. |
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| 228 | + | 7.24 Sec. 6. Minnesota Statutes 2024, section 244.09, is amended by adding a subdivision to |
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| 229 | + | 7.25read: |
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| 230 | + | 7.26 Subd. 16.Report on dismissals with agreement of the prosecutor.The Sentencing |
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| 231 | + | 7.27Guidelines Commission shall include in its annual report to the legislature a summary and |
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| 232 | + | 7.28analysis of reports received from county attorneys under section 388.052. |
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| 233 | + | 7.29 EFFECTIVE DATE.This section is effective August 1, 2025. |
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| 234 | + | 7Sec. 6. |
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| 235 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT 8.1 Sec. 7. [388.052] REPORT ON CRIMINAL CHARGES AND CASES DISMISSED. |
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| 236 | + | 8.2 (a) In each case where the defendant is charged with a felony, a county attorney who |
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| 237 | + | 8.3dismisses any part of a criminal action pursuant to rule 30.01 of the Rules of Criminal |
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| 238 | + | 8.4Procedure shall record the following information in writing: |
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| 239 | + | 8.5 (1) the name of the defendant; |
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| 240 | + | 8.6 (2) the date of the offense; |
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| 241 | + | 8.7 (3) all crimes charged; |
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| 242 | + | 8.8 (4) any charges that were dismissed; |
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| 243 | + | 8.9 (5) the date of dismissal; and |
---|
| 244 | + | 8.10 (6) any reason for the dismissal. |
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| 245 | + | 8.11 (b) The county attorney shall forward the information recorded under paragraph (a) to |
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| 246 | + | 8.12the Sentencing Guidelines Commission upon forms prescribed by the commission and must |
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| 247 | + | 8.13publish the information on the county attorney's publicly accessible website. Information |
---|
| 248 | + | 8.14forwarded to the Sentencing Guidelines Commission and posted on the county attorney's |
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| 249 | + | 8.15website must not include identifying information of a victim. |
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| 250 | + | 8.16 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to dismissals |
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| 251 | + | 8.17occurring on or after that date. |
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| 252 | + | 8.18 Sec. 8. [604.135] CRITICAL INFRASTRUCTURE; VICARIOUS LIABILITY. |
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| 253 | + | 8.19 (a) A person who is arrested for or convicted of a violation of section 609.594 or 609.6055 |
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| 254 | + | 8.20may be held liable for any damages to personal or real property while trespassing or causing |
---|
| 255 | + | 8.21damage to the physical property of a critical public service facility, utility, or pipeline. |
---|
| 256 | + | 8.22 (b) A person or entity that recruits, trains, aids, advises, hires, counsels, or conspires |
---|
| 257 | + | 8.23with or otherwise procures another to trespass as described in paragraph (a) may also be |
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| 258 | + | 8.24held vicariously liable for any damages to personal or real property committed by the |
---|
| 259 | + | 8.25individual arrested or convicted under section 609.594 or 609.6055. |
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| 260 | + | 8.26 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
| 261 | + | 8.27committed on or after that date. |
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| 262 | + | 8Sec. 8. |
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| 263 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT 9.1 Sec. 9. Minnesota Statutes 2024, section 609.2231, subdivision 1, is amended to read: |
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| 264 | + | 9.2 Subdivision 1.Peace officers.(a) As used in this subdivision, "peace officer" means a |
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| 265 | + | 9.3person who is licensed under section 626.845, subdivision 1, and effecting a lawful arrest |
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| 266 | + | 9.4or executing any other duty imposed by law. |
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| 267 | + | 9.5 (b) Whoever physically assaults a peace officer is guilty of a gross misdemeanor felony |
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| 268 | + | 9.6and may be sentenced to imprisonment for not more than two years or to payment of a fine |
---|
| 269 | + | 9.7of not more than $4,000, or both. |
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| 270 | + | 9.8 (c) Whoever commits either of the following acts against a peace officer is guilty of a |
---|
| 271 | + | 9.9felony and may be sentenced to imprisonment for not more than three years or to payment |
---|
| 272 | + | 9.10of a fine of not more than $6,000, or both: (1) physically assaults the officer if the assault |
---|
| 273 | + | 9.11inflicts demonstrable bodily harm; or (2) intentionally throws or otherwise transfers bodily |
---|
| 274 | + | 9.12fluids or feces at or onto the officer. |
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| 275 | + | 9.13 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
| 276 | + | 9.14committed on or after that date. |
---|
| 277 | + | 9.15 Sec. 10. Minnesota Statutes 2024, section 609.322, subdivision 1, is amended to read: |
---|
| 278 | + | 9.16 Subdivision 1.Solicitation, inducement, and promotion of prostitution; sex trafficking |
---|
| 279 | + | 9.17in the first degree.(a) Whoever, while acting other than as a prostitute or patron, |
---|
| 280 | + | 9.18intentionally does any of the following may be sentenced to imprisonment for not more |
---|
| 281 | + | 9.19than 25 years or to payment of a fine of not more than $50,000, or both: |
---|
| 282 | + | 9.20 (1) solicits or induces an individual under the age of 18 years to practice prostitution; |
---|
| 283 | + | 9.21 (2) promotes the prostitution of an individual under the age of 18 years; |
---|
| 284 | + | 9.22 (3) receives profit, knowing or having reason to know that it is derived from the |
---|
| 285 | + | 9.23prostitution, or the promotion of the prostitution, of an individual under the age of 18 years; |
---|
| 286 | + | 9.24or |
---|
| 287 | + | 9.25 (4) engages in the sex trafficking of an individual under the age of 18 years. |
---|
| 288 | + | 9.26 (b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment |
---|
| 289 | + | 9.27for not more than 30 years or to payment of a fine of not more than $60,000, or both, if one |
---|
| 290 | + | 9.28or more of the following aggravating factors are present: |
---|
| 291 | + | 9.29 (1) the offender has committed a prior qualified human trafficking-related offense; |
---|
| 292 | + | 9.30 (2) the offense involved a sex trafficking victim who suffered bodily harm during the |
---|
| 293 | + | 9.31commission of the offense; |
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| 294 | + | 9Sec. 10. |
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| 295 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT 10.1 (3) the time period that a sex trafficking victim was held in debt bondage or forced or |
---|
| 296 | + | 10.2coerced labor or services exceeded 180 days; or |
---|
| 297 | + | 10.3 (4) the offense involved more than one sex trafficking victim. |
---|
| 298 | + | 10.4 (c) Unless a longer mandatory minimum sentence is otherwise required by law or the |
---|
| 299 | + | 10.5Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall |
---|
| 300 | + | 10.6presume that an executed sentence of 120 months must be imposed on an offender convicted |
---|
| 301 | + | 10.7of violating this section under the conditions described in paragraph (a), and an executed |
---|
| 302 | + | 10.8sentence of 144 months must be imposed on an offender convicted of violating this section |
---|
| 303 | + | 10.9under the conditions described in paragraph (b). Sentencing a person in a manner other than |
---|
| 304 | + | 10.10that described in this paragraph is a departure from the Sentencing Guidelines. |
---|
| 305 | + | 10.11 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
| 306 | + | 10.12committed on or after that date. |
---|
| 307 | + | 10.13Sec. 11. Minnesota Statutes 2024, section 609.487, is amended by adding a subdivision |
---|
| 308 | + | 10.14to read: |
---|
| 309 | + | 10.15 Subd. 3a.Fleeing officer; failure to obey signs.Whoever flees or attempts to flee by |
---|
| 310 | + | 10.16means of a motor vehicle a peace officer who is acting in the lawful discharge of an official |
---|
| 311 | + | 10.17duty, and the perpetrator knows or should reasonably know the same to be a peace officer, |
---|
| 312 | + | 10.18and who in the course of fleeing in a motor vehicle does any of the following is guilty of a |
---|
| 313 | + | 10.19felony and may be sentenced to imprisonment for not more than five years or to payment |
---|
| 314 | + | 10.20of a fine of not more than $10,000 or both: |
---|
| 315 | + | 10.21 (1) fails to obey signs, signals, or markings in violation of section 169.06, subdivision |
---|
| 316 | + | 10.224, 4a, 4b, 5, 6, 7, or 8; or |
---|
| 317 | + | 10.23 (2) fails to keep on the proper side of the road in violation of section 169.18. |
---|
| 318 | + | 10.24 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
| 319 | + | 10.25committed on or after that date. |
---|
| 320 | + | 10.26Sec. 12. Minnesota Statutes 2024, section 609.52, is amended by adding a subdivision to |
---|
| 321 | + | 10.27read: |
---|
| 322 | + | 10.28 Subd. 2a.Illegal presence in a stolen motor vehicle.(a) A person who enters into or |
---|
| 323 | + | 10.29is found in a motor vehicle that the person knows or has reason to know was taken or stolen |
---|
| 324 | + | 10.30in violation of subdivision 2 is guilty of a misdemeanor. |
---|
| 325 | + | 10Sec. 12. |
---|
| 326 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT 11.1 (b) A person who violates paragraph (a) after being previously convicted or adjudicated |
---|
| 327 | + | 11.2delinquent for violating paragraph (a) is guilty of a gross misdemeanor. |
---|
| 328 | + | 11.3 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
| 329 | + | 11.4committed on or after that date. |
---|
| 330 | + | 11.5 Sec. 13. Minnesota Statutes 2024, section 609.594, subdivision 2, is amended to read: |
---|
| 331 | + | 11.6 Subd. 2.Prohibited conduct; penalty.(a) Whoever causes damage to the physical |
---|
| 332 | + | 11.7property of a critical public service facility, utility, or pipeline with the intent to significantly |
---|
| 333 | + | 11.8disrupt the operation of or the provision of services by the facility, utility, or pipeline and |
---|
| 334 | + | 11.9without the consent of one authorized to give consent, is guilty of a felony and may be |
---|
| 335 | + | 11.10sentenced to imprisonment for not more than ten years or to payment of a fine of not more |
---|
| 336 | + | 11.11than $20,000, or both. |
---|
| 337 | + | 11.12 (b) Whoever intentionally recruits, trains, aids, advises, hires, counsels, or conspires |
---|
| 338 | + | 11.13with or otherwise procures another to commit a violation of paragraph (a) is guilty of a |
---|
| 339 | + | 11.14felony and may be sentenced to imprisonment for not more than ten years or to payment of |
---|
| 340 | + | 11.15a fine of not more than $20,000, or both, if a violation is committed and the person fails to |
---|
| 341 | + | 11.16make a reasonable effort to prevent the violation. |
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| 342 | + | 11.17 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 343 | + | 11.18committed on or after that date. |
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| 344 | + | 11.19Sec. 14. Minnesota Statutes 2024, section 609.6055, subdivision 2, is amended to read: |
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| 345 | + | 11.20 Subd. 2.Prohibited conduct; penalty.(a) Whoever enters or is found upon property |
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| 346 | + | 11.21containing a critical public service facility, utility, or pipeline, without claim of right or |
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| 347 | + | 11.22consent of one who has the right to give consent to be on the property, is guilty of a gross |
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| 348 | + | 11.23misdemeanor, if: |
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| 349 | + | 11.24 (1) the person refuses to depart from the property on the demand of one who has the |
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| 350 | + | 11.25right to give consent; |
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| 351 | + | 11.26 (2) within the past six months, the person had been told by one who had the right to give |
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| 352 | + | 11.27consent to leave the property and not to return, unless a person with the right to give consent |
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| 353 | + | 11.28has given the person permission to return; or |
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| 354 | + | 11.29 (3) the property is posted. |
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| 355 | + | 11.30 (b) Whoever enters an underground structure that (1) contains a utility line or pipeline |
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| 356 | + | 11.31and (2) is not open to the public for pedestrian use, without claim of right or consent of one |
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| 357 | + | 11Sec. 14. |
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| 358 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT 12.1who has the right to give consent to be in the underground structure, is guilty of a gross |
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| 359 | + | 12.2misdemeanor. The underground structure does not need to be posted for this paragraph to |
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| 360 | + | 12.3apply. |
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| 361 | + | 12.4 (c) Whoever intentionally recruits, trains, aids, advises, hires, counsels, or conspires |
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| 362 | + | 12.5with or otherwise procures another to commit a violation of paragraph (a) is guilty of a |
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| 363 | + | 12.6gross misdemeanor if a violation is committed and the person fails to make a reasonable |
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| 364 | + | 12.7effort to prevent the violation. |
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| 365 | + | 12.8 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 366 | + | 12.9committed on or after that date. |
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| 367 | + | 12.10Sec. 15. Minnesota Statutes 2024, section 609.74, is amended to read: |
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| 368 | + | 12.11 609.74 PUBLIC NUISANCE. |
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| 369 | + | 12.12 (a) Whoever by an act or failure to perform a legal duty intentionally does any of the |
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| 370 | + | 12.13following is guilty of maintaining a public nuisance, which is a misdemeanor: |
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| 371 | + | 12.14 (1) maintains or permits a condition which unreasonably annoys, injures or endangers |
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| 372 | + | 12.15the safety, health, morals, comfort, or repose of any considerable number of members of |
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| 373 | + | 12.16the public; or |
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| 374 | + | 12.17 (2) except as provided in paragraph (b), interferes with, obstructs, or renders dangerous |
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| 375 | + | 12.18for passage, any public highway or right-of-way, or waters used by the public; or |
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| 376 | + | 12.19 (3) is guilty of any other act or omission declared by law to be a public nuisance and for |
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| 377 | + | 12.20which no sentence is specifically provided. |
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| 378 | + | 12.21 (b) It is a gross misdemeanor for a person to interfere with or obstruct traffic that is |
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| 379 | + | 12.22entering, exiting, or on a freeway or entering, exiting, or on a public roadway within the |
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| 380 | + | 12.23boundaries of airport property with the intent to interfere with, obstruct, or otherwise disrupt |
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| 381 | + | 12.24traffic. This paragraph does not apply to the actions of law enforcement or other emergency |
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| 382 | + | 12.25responders, road or airport authorities, or utility officials, or their agents, employees, or |
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| 383 | + | 12.26contractors when carrying out duties imposed by law or contract. For purposes of this |
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| 384 | + | 12.27paragraph, "airport" means an airport that has a control tower and airline service, and |
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| 385 | + | 12.28"freeway" means any section of a divided highway where the only access and egress for |
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| 386 | + | 12.29vehicular traffic is from entrance and exit ramps. |
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| 387 | + | 12.30 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 388 | + | 12.31committed on or after that date. |
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| 389 | + | 12Sec. 15. |
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| 390 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT 13.1 Sec. 16. Minnesota Statutes 2024, section 609.855, subdivision 2, is amended to read: |
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| 391 | + | 13.2 Subd. 2.Unlawful interference with transit operator.(a) Whoever intentionally |
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| 392 | + | 13.3commits an act that interferes with or obstructs, or tends to interfere with or obstruct, the |
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| 393 | + | 13.4operation of a transit vehicle is guilty of unlawful interference with a transit operator a crime |
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| 394 | + | 13.5and may be sentenced as provided in paragraph (c). |
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| 395 | + | 13.6 (b) An act that is committed on a transit vehicle that distracts the driver from the safe |
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| 396 | + | 13.7operation of the vehicle, restricts passenger access to the transit vehicle, or that endangers |
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| 397 | + | 13.8passengers is a violation of this subdivision if an authorized transit representative has clearly |
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| 398 | + | 13.9warned the person once to stop the act. |
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| 399 | + | 13.10 (c) A person who violates this subdivision may be sentenced as follows: |
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| 400 | + | 13.11 (1) to imprisonment for not more than three years or to payment of a fine of not more |
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| 401 | + | 13.12than $5,000, or both, if the violation was accompanied by force or violence or a |
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| 402 | + | 13.13communication of a threat of force or violence; or |
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| 403 | + | 13.14 (2) to imprisonment for not more than 90 364 days or to payment of a fine of not more |
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| 404 | + | 13.15than $1,000 $3,000, or both, if the violation was not accompanied by force or violence or |
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| 405 | + | 13.16a communication of a threat of force or violence. |
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| 406 | + | 13.17 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 407 | + | 13.18committed on or after that date. |
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| 408 | + | 13.19Sec. 17. Minnesota Statutes 2024, section 626A.35, subdivision 2b, is amended to read: |
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| 409 | + | 13.20 Subd. 2b.Exception; stolen motor vehicles.(a) The prohibition under subdivision 1 |
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| 410 | + | 13.21does not apply to the use of a mobile tracking device on a stolen motor vehicle when: |
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| 411 | + | 13.22 (1) the consent of the owner of the vehicle has been obtained; or |
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| 412 | + | 13.23 (2) the owner of the motor vehicle has reported to law enforcement that the vehicle is |
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| 413 | + | 13.24stolen, and the vehicle is occupied when the tracking device is installed and the stolen |
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| 414 | + | 13.25vehicle is not on private property. |
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| 415 | + | 13.26 (b) Within 24 12 hours of a tracking device being attached to a vehicle pursuant to the |
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| 416 | + | 13.27authority granted in paragraph (a), clause (2), an officer employed by the agency that attached |
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| 417 | + | 13.28the tracking device to the vehicle must remove the device, disable the device, or obtain a |
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| 418 | + | 13.29search warrant granting approval to continue to use the device in the investigation. |
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| 419 | + | 13.30 (c) A peace officer employed by the agency that attached a tracking device to a stolen |
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| 420 | + | 13.31motor vehicle must remove the tracking device if the vehicle is recovered and returned to |
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| 421 | + | 13.32the owner. |
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| 422 | + | 13Sec. 17. |
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| 423 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT 14.1 (d) Any tracking device evidence collected after the motor vehicle is returned to the |
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| 424 | + | 14.2owner is inadmissible. |
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| 425 | + | 14.3 (e) When a peace officer attaches a tracking device to a stolen vehicle pursuant to |
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| 426 | + | 14.4paragraph (a), clause (2), the peace officer must prepare a report that includes the evidence |
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| 427 | + | 14.5relied upon to establish the vehicle was reported stolen, the date and time the device was |
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| 428 | + | 14.6attached to the vehicle, the method used to attach the device to the vehicle, the duration for |
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| 429 | + | 14.7which the tracking device was attached to the vehicle, and an explanation of how the device |
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| 430 | + | 14.8impacted the outcome of the investigation. Reports created under this paragraph must be |
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| 431 | + | 14.9retained as part of the criminal investigation file. |
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| 432 | + | 14.10 (f) By August 1, 2024, and each year thereafter, the chief law enforcement officer of an |
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| 433 | + | 14.11agency that obtains a search warrant under paragraph (b), must provide notice to the |
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| 434 | + | 14.12superintendent of the Bureau of Criminal Apprehension of the number of search warrants |
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| 435 | + | 14.13the agency obtained under this subdivision in the preceding 12 months. The superintendent |
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| 436 | + | 14.14must provide a summary of the data received pursuant to this paragraph in the bureau's |
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| 437 | + | 14.15biennial report to the legislature required under section 299C.18. |
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| 438 | + | 14.16Sec. 18. Minnesota Statutes 2024, section 626A.35, is amended by adding a subdivision |
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| 439 | + | 14.17to read: |
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| 440 | + | 14.18 Subd. 2c.Exception; fleeing motor vehicles.The prohibition under subdivision 1 does |
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| 441 | + | 14.19not apply to the use of a mobile tracking device on a fleeing motor vehicle. For purposes |
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| 442 | + | 14.20of this subdivision, "flee" has the meaning given in section 609.487, subdivision 1. |
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| 443 | + | 14.21Sec. 19. Minnesota Statutes 2024, section 629.53, is amended to read: |
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| 444 | + | 14.22 629.53 PROVIDING RELEASE ON BAIL; COMMITMENT . |
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| 445 | + | 14.23 A person charged with a criminal offense may be released with or without bail in |
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| 446 | + | 14.24accordance with rule 6.02 of the Rules of Criminal Procedure. Money bail is the property |
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| 447 | + | 14.25of the accused, whether deposited by that person or by a third person on the accused's behalf. |
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| 448 | + | 14.26When money bail is accepted by a judge, that judge shall order it to be deposited with the |
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| 449 | + | 14.27court administrator and shall notify the agency having custody of the arrested or detained |
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| 450 | + | 14.28person or the agency's designee that money bail has been posted, the amount posted, and, |
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| 451 | + | 14.29if the arrested or detained person is being held in custody for a crime against a person listed |
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| 452 | + | 14.30in section 611A.031 or a crime of violence as defined in section 629.725, the identity of the |
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| 453 | + | 14.31person or entity that posted the bail. The court administrator shall retain it until the final |
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| 454 | + | 14.32disposition of the case and the final order of the court disposing of the case. Upon release, |
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| 455 | + | 14.33the amount released must be paid to the accused personally or upon that person's written |
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| 456 | + | 14Sec. 19. |
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| 457 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT 15.1order. In case of conviction, the judge may order the money bail deposit to be applied to |
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| 458 | + | 15.2any fine or restitution imposed on the defendant by the court and, if the fine or restitution |
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| 459 | + | 15.3is less than the deposit, order the balance to be paid to the defendant. Money bail deposited |
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| 460 | + | 15.4with the court or any officer of it is exempt from garnishment or levy under attachment or |
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| 461 | + | 15.5execution. |
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| 462 | + | 15.6 Sec. 20. Minnesota Statutes 2024, section 629.67, is amended to read: |
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| 463 | + | 15.7 629.67 SURETIES ON BOND, RECOGNIZANCE, OR UNDERTAKING; |
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| 464 | + | 15.8AFFIDAVITS REQUIRED. |
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| 465 | + | 15.9 (a) A personal surety upon any bond, recognizance, or undertaking given to secure the |
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| 466 | + | 15.10appearance of a defendant in a criminal case shall make an affidavit, to be attached to the |
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| 467 | + | 15.11bond, recognizance, or undertaking, stating: |
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| 468 | + | 15.12 (1) the surety's full name; |
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| 469 | + | 15.13 (2) the surety's residence and post office address; |
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| 470 | + | 15.14 (3) whether or not the affiant is surety upon any other bond, recognizance, or undertaking |
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| 471 | + | 15.15in any criminal case, and, if so, stating the name of the principal, the amount of each |
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| 472 | + | 15.16obligation, and the court in which the obligation was given; and |
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| 473 | + | 15.17 (4) the legal description of all real property owned by the surety and specifying as to |
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| 474 | + | 15.18each parcel of property its fair market value, what liens or encumbrances, if any, exist on |
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| 475 | + | 15.19it, and whether or not the property is the surety's homestead or is otherwise exempt from |
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| 476 | + | 15.20execution. The court may require the surety to disclose all or some of the surety's personal |
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| 477 | + | 15.21property by affidavit as required for real property. |
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| 478 | + | 15.22 (b) The court may, in its discretion, by written order endorsed on the bond, recognizance, |
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| 479 | + | 15.23or undertaking, dispense with the affidavit disclosing the surety's real or personal property, |
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| 480 | + | 15.24or any part of it, if the court is satisfied that the surety is worth the amount necessary to act |
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| 481 | + | 15.25as surety on the bond, recognizance or undertaking to secure the defendant in a criminal |
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| 482 | + | 15.26case and is not a professional or habitual bonding agent in criminal cases. |
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| 483 | + | 15.27 (c) The court shall provide the agency having custody of a defendant in a criminal case |
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| 484 | + | 15.28who is charged with a crime against a person listed in section 611A.031 or a crime of |
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| 485 | + | 15.29violence as defined in section 629.725 with a copy of the affidavit identified in paragraph |
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| 486 | + | 15.30(a). |
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| 487 | + | 15.31 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 488 | + | 15Sec. 20. |
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| 489 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT 16.1 Sec. 21. Minnesota Statutes 2024, section 629.70, is amended to read: |
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| 490 | + | 16.2 629.70 AUTHORIZED CORPORATE BONDS AND RECOGNIZANCES. |
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| 491 | + | 16.3 A defendant required to give a bond, recognizance, or undertaking to secure an appearance |
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| 492 | + | 16.4in a criminal case may choose to give a surety bond, recognizance, or undertaking executed |
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| 493 | + | 16.5by a corporation authorized by law to execute bonds, recognizances, or undertakings. |
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| 494 | + | 16.6However, the amount of the bond, recognizance, or undertaking as fixed by the court must |
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| 495 | + | 16.7be the same regardless of the kind of bond, recognizance, or undertaking given. When a |
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| 496 | + | 16.8corporation authorized by law to execute bonds, recognizances, or undertakings has given |
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| 497 | + | 16.9a surety bond, recognizance, or undertaking on behalf of a defendant charged with a crime |
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| 498 | + | 16.10against a person listed in section 611A.031 or a crime of violence as defined in section |
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| 499 | + | 16.11629.725, the court shall notify the agency having custody of the defendant or the agency's |
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| 500 | + | 16.12designee that a surety bond, recognizance, or undertaking has been given; the amount of |
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| 501 | + | 16.13the surety bond, recognizance, or undertaking; and the identity of the person or entity that |
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| 502 | + | 16.14posted the surety bond, recognizance, or undertaking. |
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| 503 | + | 16.15 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 504 | + | 16.16Sec. 22. SEARCHABLE PUBLIC DATABASE; APPROPRIATION. |
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| 505 | + | 16.17 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general |
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| 506 | + | 16.18fund to the Minnesota Sentencing Guidelines Commission to develop and maintain a publicly |
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| 507 | + | 16.19searchable database pursuant to Minnesota Statutes, section 244.09, subdivision 6a. The |
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| 508 | + | 16.20base for this appropriation is $....... in fiscal year 2028 and thereafter. |
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| 509 | + | 16Sec. 22. |
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| 510 | + | REVISOR KLL H0007-2HF7 SECOND ENGROSSMENT |
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