1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to public safety; establishing the Office of Animal Protection and providing |
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3 | 3 | | 1.3 for its duties; expanding the definition of crime of violence; appropriating money; |
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4 | 4 | | 1.4 amending Minnesota Statutes 2024, section 624.712, subdivision 5; proposing |
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5 | 5 | | 1.5 coding for new law as Minnesota Statutes, chapter 299P. |
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6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | 7 | | 1.7 Section 1. [299P.01] DEFINITIONS. |
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8 | 8 | | 1.8 Subdivision 1.Application.As used in this chapter, the following terms have the |
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9 | 9 | | 1.9meanings given. |
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10 | 10 | | 1.10 Subd. 2.Animal."Animal" has the meaning given in section 343.20, subdivision 2. |
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11 | 11 | | 1.11 Subd. 3.Animal cruelty."Animal cruelty" has the meaning given to cruelty in section |
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12 | 12 | | 1.12343.20, subdivision 3. |
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13 | 13 | | 1.13 Subd. 4.Commissioner."Commissioner" means the commissioner of public safety. |
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14 | 14 | | 1.14 Subd. 5.Director."Director" means the director of the Office of Animal Protection. |
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15 | 15 | | 1.15 Subd. 6.Office."Office" means the Office of Animal Protection. |
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16 | 16 | | 1.16 Sec. 2. [299P.02] OFFICE OF ANIMAL PROTECTION; CREATION; POWERS |
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17 | 17 | | 1.17AND DUTIES; ANNUAL REPORTING. |
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18 | 18 | | 1.18 Subdivision 1.Creation.The Office of Animal Protection is created within the Bureau |
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19 | 19 | | 1.19of Criminal Apprehension of the Department of Public Safety. |
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20 | 20 | | 1.20 Subd. 2.Function of the office.Animal cruelty is an ongoing occurrence throughout |
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21 | 21 | | 1.21Minnesota and is also linked to human violence and criminal activity. The Office of Animal |
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22 | 22 | | 1Sec. 2. |
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23 | 23 | | 25-02963 as introduced02/03/25 REVISOR KLL/HL |
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24 | 24 | | SENATE |
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25 | 25 | | STATE OF MINNESOTA |
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26 | 26 | | S.F. No. 1163NINETY-FOURTH SESSION |
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27 | 27 | | (SENATE AUTHORS: MARTY, Housley, Gustafson, Lang and Pappas) |
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28 | 28 | | OFFICIAL STATUSD-PGDATE |
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29 | 29 | | Introduction and first reading02/10/2025 |
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30 | 30 | | Referred to Judiciary and Public Safety 2.1Protection is responsible for addressing animal cruelty in a more comprehensive and |
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31 | 31 | | 2.2centralized manner in order to protect the public's health and safety. |
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32 | 32 | | 2.3 Subd. 3.Powers and duties.The office has the following powers and duties: |
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33 | 33 | | 2.4 (1) promote a comprehensive and measurable approach for the prevention of animal |
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34 | 34 | | 2.5cruelty, protection of animals, enforcement of animal cruelty statutes, and education across |
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35 | 35 | | 2.6multiple disciplines throughout the state, including but not limited to: |
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36 | 36 | | 2.7 (i) investigations; |
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37 | 37 | | 2.8 (ii) prosecution; |
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38 | 38 | | 2.9 (iii) forensic veterinary medicine; |
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39 | 39 | | 2.10 (iv) animal care, transport, and housing; and |
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40 | 40 | | 2.11 (v) human welfare, as it relates to offenders or victims of animal cruelty; |
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41 | 41 | | 2.12 (2) foster partnerships and collaborations with other criminal justice partners and related |
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42 | 42 | | 2.13disciplines, as described in clause (1), items (i) to (v), to identify community and enforcement |
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43 | 43 | | 2.14needs and challenges related to the crime of animal cruelty; establish effective enforcement |
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44 | 44 | | 2.15practices and initiatives based on these needs; and, if needed, seek changes to laws or |
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45 | 45 | | 2.16administrative rules; |
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46 | 46 | | 2.17 (3) build capacity to assist local, state, Tribal, and federal authorities and other criminal |
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47 | 47 | | 2.18justice partners in the investigation and prosecution of animal cruelty, including providing |
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48 | 48 | | 2.19information, education, advice, services, and resources and engaging communities in the |
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49 | 49 | | 2.20prevention of animal cruelty; |
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50 | 50 | | 2.21 (4) provide standards, training, and certification for authorities and criminal justice |
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51 | 51 | | 2.22partners in the enforcement of animal cruelty laws; |
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52 | 52 | | 2.23 (5) educate, train, and build public awareness of the importance of the humane treatment |
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53 | 53 | | 2.24of animals with the goals of demonstrating why animal cruelty is harmful to society, including |
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54 | 54 | | 2.25the link to human violence, and increasing knowledge about how to recognize and report |
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55 | 55 | | 2.26suspected animal cruelty; |
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56 | 56 | | 2.27 (6) support the advisory committee established in section 299P.03 and coordinate the |
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57 | 57 | | 2.28office's mission with the committee's guidance; |
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58 | 58 | | 2.29 (7) conduct case reviews involving the investigation, prosecution, and sentencing of |
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59 | 59 | | 2.30selected closed animal cruelty cases and provide feedback to the entities involved; |
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60 | 60 | | 2.31 (8) collect, maintain, analyze, and report on data relating to animal cruelty cases; |
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61 | 61 | | 2Sec. 2. |
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62 | 62 | | 25-02963 as introduced02/03/25 REVISOR KLL/HL 3.1 (9) conduct and compile research into animal cruelty and publicize the results of the |
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63 | 63 | | 3.2research; and |
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64 | 64 | | 3.3 (10) award grants as provided in section 299P.06. |
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65 | 65 | | 3.4 Subd. 4.Annual performance report.On or before January 15 of each year, the director |
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66 | 66 | | 3.5shall submit an annual report to the chairs and ranking minority members of the legislative |
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67 | 67 | | 3.6committees having jurisdiction over public safety finance and policy on the office's operations |
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68 | 68 | | 3.7and any recommendations for changes in law relating to animal protection. |
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69 | 69 | | 3.8 Sec. 3. [299P.03] ADVISORY COMMITTEE. |
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70 | 70 | | 3.9 Subdivision 1.Advisory committee.The commissioner shall establish and appoint the |
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71 | 71 | | 3.10members of an advisory committee pursuant to section 15.059. The committee shall adopt |
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72 | 72 | | 3.11procedures to govern the committee's conduct as necessary and select a chair from among |
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73 | 73 | | 3.12its members. The committee shall act in an advisory capacity, providing assistance and |
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74 | 74 | | 3.13advice to the office in the development and execution of its duties, including outreach to |
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75 | 75 | | 3.14communities and stakeholders. |
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76 | 76 | | 3.15 Subd. 2.Committee members.Committee members shall possess knowledge, skills, |
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77 | 77 | | 3.16or experiences in the prevention, investigation, or prosecution of animal cruelty and the |
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78 | 78 | | 3.17care of animals, reflecting the five disciplines described in section 299P.02, subdivision 3, |
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79 | 79 | | 3.18clause (1), items (i) to (v). The committee shall also include members of the public with |
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80 | 80 | | 3.19knowledge of animal law and animal cruelty or experiences with animal cruelty as a victim, |
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81 | 81 | | 3.20including trauma of victims. |
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82 | 82 | | 3.21 Subd. 3.Subcommittees.The committee may establish subcommittees to identify, |
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83 | 83 | | 3.22discuss, and make recommendations on specific topics related to animal cruelty and effective |
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84 | 84 | | 3.23enforcement efforts of animal cruelty statutes, including but not limited to animal cruelty |
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85 | 85 | | 3.24reporting, victim services, crime data collection, cross-reporting, courtroom advocates, and |
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86 | 86 | | 3.25crime prevention. |
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87 | 87 | | 3.26 Sec. 4. [299P.04] DIRECTOR; OTHER STAFF. |
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88 | 88 | | 3.27 (a) The commissioner shall appoint a director for the office. The director shall have |
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89 | 89 | | 3.28qualifications that include or are similar to the following: |
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90 | 90 | | 3.29 (1) experience or knowledge in criminal law; |
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91 | 91 | | 3.30 (2) experience or knowledge in the many facets of animal cruelty and the five disciplines |
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92 | 92 | | 3.31described in section 299P.02, subdivision 3, clause (1), items (i) to (v), that contribute to |
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93 | 93 | | 3.32the protection of animals and humans and successful outcomes; and |
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94 | 94 | | 3Sec. 4. |
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95 | 95 | | 25-02963 as introduced02/03/25 REVISOR KLL/HL 4.1 (3) expertise in leadership with planning and communication skills to foster change |
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96 | 96 | | 4.2management techniques and define, develop, and implement office priorities, policies, and |
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97 | 97 | | 4.3operations. |
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98 | 98 | | 4.4 (b) The director may hire additional staff to assist in performing the duties of the office. |
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99 | 99 | | 4.5Office staff shall be in the classified service of the state and their compensation shall be |
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100 | 100 | | 4.6established pursuant to chapter 43A. |
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101 | 101 | | 4.7 Sec. 5. [299P.05] AGREEMENTS AND CONTRACTS; LOCAL AUTHORITY. |
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102 | 102 | | 4.8 Subdivision 1.Agreements and contracts.The director may enter into contracts with |
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103 | 103 | | 4.9parties to assist with fulfilling the office's powers and duties under this chapter. |
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104 | 104 | | 4.10 Subd. 2.Authority of local governing bodies.This chapter shall not be construed to |
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105 | 105 | | 4.11limit or preempt additional requirements imposed on or possessed by any city, town, or |
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106 | 106 | | 4.12county. |
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107 | 107 | | 4.13 Sec. 6. [299P.06] ANIMAL PROTECTION ACCOUNT; GRANTS. |
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108 | 108 | | 4.14 Subdivision 1.Money received from other sources.The director may accept money |
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109 | 109 | | 4.15received as gifts, grants, or contributions from any source to support the purposes of the |
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110 | 110 | | 4.16office under this chapter. The director may apply for and accept grants of money from the |
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111 | 111 | | 4.17federal government, the state, any foundation, or any person to support the purposes of the |
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112 | 112 | | 4.18office. |
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113 | 113 | | 4.19 Subd. 2.Animal protection account.An animal protection account is created in the |
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114 | 114 | | 4.20special revenue fund. All money received under subdivision 1 shall be deposited into the |
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115 | 115 | | 4.21account. Money in the account, including interest, is annually appropriated to the |
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116 | 116 | | 4.22commissioner to administer this chapter. |
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117 | 117 | | 4.23 Subd. 3.Grants authorized.The commissioner may use money in the animal protection |
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118 | 118 | | 4.24account to make grants to state and local units of government and nonprofit organizations |
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119 | 119 | | 4.25to promote animal protection efforts as described in this chapter. |
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120 | 120 | | 4.26 Sec. 7. Minnesota Statutes 2024, section 624.712, subdivision 5, is amended to read: |
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121 | 121 | | 4.27 Subd. 5.Crime of violence."Crime of violence" means: felony convictions of the |
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122 | 122 | | 4.28following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the |
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123 | 123 | | 4.29second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first |
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124 | 124 | | 4.30degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding |
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125 | 125 | | 4.31attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second |
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126 | 126 | | 4Sec. 7. |
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127 | 127 | | 25-02963 as introduced02/03/25 REVISOR KLL/HL 5.1degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); |
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128 | 128 | | 5.2609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic |
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129 | 129 | | 5.3assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235 |
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130 | 130 | | 5.4(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated |
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131 | 131 | | 5.5robbery); 609.247 (carjacking); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322 |
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132 | 132 | | 5.6(solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal |
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133 | 133 | | 5.7sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); |
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134 | 134 | | 5.8609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in |
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135 | 135 | | 5.9the fourth degree); 609.377 (malicious punishment of a child); 609.378 (neglect or |
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136 | 136 | | 5.10endangerment of a child); 609.486 (commission of crime while wearing or possessing a |
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137 | 137 | | 5.11bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a |
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138 | 138 | | 5.12controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first |
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139 | 139 | | 5.13degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the |
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140 | 140 | | 5.14first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully |
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141 | 141 | | 5.15owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot); |
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142 | 142 | | 5.16609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a |
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143 | 143 | | 5.17public transit vehicle or facility); and chapter chapters 152 (drugs, controlled substances); |
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144 | 144 | | 5.18and 343 (prevention of cruelty to animals); and an attempt to commit any of these offenses. |
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145 | 145 | | 5.19 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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146 | 146 | | 5.20committed on or after that date. |
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147 | 147 | | 5.21 Sec. 8. OFFICE OF ANIMAL PROTECTION; APPROPRIATION. |
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148 | 148 | | 5.22 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general |
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149 | 149 | | 5.23fund to the commissioner of public safety to establish and operate the Office of Animal |
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150 | 150 | | 5.24Protection established under this act. |
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151 | 151 | | 5Sec. 8. |
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152 | 152 | | 25-02963 as introduced02/03/25 REVISOR KLL/HL |
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