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This Document Is Made Available Electronically by the Minnesota Legislative Reference Library As Part of an Ongoing Digital Archiving Project This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp Table of contents: 3 Anti-crime package aims at violent offenders A comprehensive anti-crime measure increases sentences, provides for treatment and encourages crime prevention. 6 The lottery becomes reality Minnesotans will soon have the opportunity to play the lottery as enabling legislation turns last year's constitutional amendment into a reality. 8 Protection for a precious resource Groundwater measure strives to prevent degradation and improve water quality throughout the state. 10 Bill highlights Brief explanations of some of the other major legislative accomplishments of the 1989 session. 30 Bill summaries Summaries of every bill signed into law. 73 Chapter Index 78 Senate File Index 80 House File Index This year's edition of Session Review Writers: Karen L. Clark contains highlights of some of the major Susan Douglass pieces of legislation enacted into law during Marjorie Duske the 1989 Legislative session. Topics range Gary Pietersen from an omnibus crime package to a Susan Tsakakis comprehensive groundwater protections Elizabeth Zoars measure. And, as in past years, Session Review contains summaries of all bills Layout and Design: Susan Tsakakis signed into laV\~ However, unlike past issues, David]. Oakes this edition of Session Review does not contain an explanation of an omnibus tax On the cover: bill. The version passed by both bodies, The newly renovated Senate Chamber harks along with two other bills, was vetoed by back to the original conceptions of architect the governor, thus setting the stage for a Cass Gilbert. Extensive work was carried Special Session. As this edition of Session out in late 1988 and early 1989 to repair Review goes to press, the date for the structural damage and to replicate original Special Session has not been set. Coverage colors and decor. At the same time of the Special Session will be provided, technological innovations, such as computer though, either by means of an issue of and television cabling were put in place to Perspectives or by resumption of a weekly meet the needs of the 1990s and beyond. publication schedule for Briefly. Photo by David]. Oakes. 2 photo by David]. Oakes A comprehensive package aimed at reducing Appropriations the Bureau of Criminal Apprehension to crime in Minnesota became law during this establish and operate a laboratory to session of the Legislature. The package, Article I of the new law contains a variety of perform DNA analysis and to establish a comprised of several bills addressing appropriations to fund the other portions of system for collecting and maintaining DNA various facets of the crime problem, was the chapter. A total of $59 million is analysis data. A biennial appropriation of signed into law as Chapter 290. Sponsored appropriated from the General Fund to $350,000 is earmarked for the Drug Abuse by Sen. Allan Spear the major portions of fund the provisions of the crime package. Resistance Education Training Program, the new law provide for increased sentences The Dept. of Corrections will use a $200,000 is to be used for grants to establish for violent crimes, authorize bonding significant portion of the appropriation, community crime reduction pilot projects money to convert part of the Faribault about $30 million, for the conversion and and $300,000 is appropriated for the bullet Regional Treatment Center to an adult operating cost of an adult correctional proof vest reimbursement program. A correctional facility, impose tougher facility at the Faribault Regional Treatment $900,000 appropriation is designated for sentences for criminal sexual assault Center. In addition, $16. 7 million is grants to agencies providing chemical offenders, and establish a different method appropriated for Community Services, with dependency treatment to pregnant women of sentencing for the sale and possession of substantial amounts going for sex offender and mothers. drugs. In addition, the crime package treatment programs for both adults and · contains a number of provisions designed juveniles and for services for sexual assault to prevent crimes, particularly criminal victims. In addition, $8.1 million is sexual assault and drug abuse, and appropriated to state planning for the provisions.designed to aid law enforcement Community Resources Program. Under the Sentencing provisions are contained in in the apprehension of criminals. new law, $1.27 million is appropriated to Article II of the new chapter. One section of 3 the new law provides that individuals creates five degrees of controlled substance programs and to establish pilot programs to convicted of first degree murder following a crimes, based primarily on the amount of increase the availability of treatment for sex conviction of a heinous crime must serve a drugs involved, and increases penalties offenders. In addition, state and local life sentence without parole or supervised substantially For instance, a controlled corrections agents and probation officers release. A heinous crime is defined in the substance crime ii1 the first degree includes who supervise sex offenders are required to new law as murder in the first, second or selHng and possessing large amounts of have special training. When a juvenile is third degree or criminal sexual conduct in crack or other drugs, and carries a committed to the commissioner of the first or second degree if the offenses maximum penalty of 30 years imprisonment, corrections by the court for a sex offense, were committed with force or violence. In a $1 million fine, or both. If the offender has the commissioner is given a range of options addition, a life sentence for a first degree a previous drug conviction, the mandatory under the new law. According to the chapter, murder conviction carries a mandatory minimum is four years with a maximum of the commissioner may order the juvenile minimum sentence of 30 years under the 40 years. The five degrees of drug crime are confined to a state juvenile correctional new chapter. Causing the death of a human designed to get at various dealer levels. facility that provides the appropriate sex being while committing a felony involving Penalties for all degrees are increased if the offender treatment; purchase sex offender illegal drug sales is classified as first degree violations occur in a park zone or a school treatment from a county and place the child murder under the chapter. zone defined in the law. in the county's juvenile correctional facility; purchase treatment from a qualifying private The new law also provides increased In addition, the new law contains a provision residential juvenile sex offender treatment sentences for dangerous and career that allows a factfinder, either a judge or a program and place the juvenile there; offenders. Under the chapter, if the judge is juq~ to infer that all persons in a room are purchase outpatient treatment for the imposing an executed sentence based on a knowingly in possession of any drugs found juvenile from a qualifying county or private guidelines presumptive imprisonment there. In addition, the inference also may be program and order the juvenile released on sentence, the judge may impose an made that the driver of a car is knowingly in parole under treatment; order aggravated departure up to the statutory possession of any large amount of drugs reconfinement, renewed parole or maximum if the offender fits into the found in the car, unless the drugs are discharge; or refer the juvenile to a county dangerous offender category described in : concealed on the person of one of the welfare board for CHIPS proceedings. the chapter. The law describes the occupants. dangerous offender as being at least 18 The new law also provides for increased years old, as having two or more prior The chapter also adds a controlled substance sentences for sex offenders if the court finds convictions for violent crimes and as being felony to the list of felonies for which there that the offender is a danger to public safety dangerous to public safety based on past is a mandatory minimum sentence if the and that the offender needs long-term criminal behavior or on the fact that the crime is committed with a dangerous treatment or supervision based on an present offense involves an aggravating weapon. Other provisions lower the assessment that concludes the offender is a factor. The chapter also provides for threshold for forfeiture of vehicles from patterned sex offender. Under the chapter, increased sentences for career offenders if $500 to $25 and for real property from the court is to base its finding that the the judge finds that the offender has more $5,000 to $1,000. offender is a danger to public safety when than four prior felony convictions and the the crime involved an aggravating factor or present offense is a felony and part of a One provision also increases the penalty for the offender previously committed or pattern of criminal conduct from which a selling tobacco to a minor, from a attempted to commit a predatory crime. The substantial portion of the offender's income misdemeanor to a gross misdemeanor. new chapter also provides for determining is derived. whether a petition may be appropriate under the psychopathic personality statute. Crimes involving criminal sexual conduct If the offender is committed under the also have stiffer penalties under the new psychopathic personality statute, the law. An offender with two previous sex Article N deals primarily with establishing commitment begins when the criminal offense convictions who is convicted of first treatment programs for adult and juvenile sentence ends. or second degree criminal sexual conduct is sex offenders. Under the new law, the subject to a mandatory 3 7 year sentence and commissioner of corrections is required to The admission of the results of DNA analysis must serve at least 24.6 years, assuming the provide a range of sex offender treatment as evidence is also established in the offender receives every possible amount of good time.
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