Minnesota Alliance on Crime
155 South Wabasha St,
Suite 104
St. Paul, MN 55107

ph: 612-940-8090
alt: 1-866-940-8090

ed@mnallianceoncrime.org

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Policy and Legislative Action

 

The 2011 MN Legislative Session has ended.  Below is a brief summary of what happened this session.

November 2011 State Budget Forecast:  The State of Minnesota is projecting a $876,000 surplus for the second year of the FY 12/13 biennium.  This is good news for the short term and for the upcoming session.  Although, the November 2011 Economic Forecast projects a $1.3 billion shortfall for the next budget cycle (the FY 2014-15 biennium), or $2.6 billion if we include the impact of inflation.  See story here:  http://minnesotabudgetbites.org/2011/12/01/surplus-offers-hope-for-minnesota-schools-and-communities/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed:+MinnesotaBudgetBites+(Minnesota+Budget+Bites)

 

The Violence Against Women Act (VAWA) will sunset this year unless reauthorized.  Please see National Network to End Domestic Violence‘s (NNEDV) press release regarding the VAWA reauthorization bill that Senators Leahy and Crapo have introduced.  Click here.

 
 

New Minnesota law protects victims of child sex trafficking

A bill signed by Minnesota Governor Mark Dayton on July 22 requires that children trafficked for sex be treated as victims rather than juvenile delinquents. The bill excludes sexually exploited children under 16 from the definition of delinquent child, includes the definition of sexually exploited youth in Minnesota's child protection code, creates a mandatory first-time diversion for any 16- or 17-year-old who has been exploited in prostitution, and increases penalties against offender "johns" from $250 to a minimum of $500 and maximum of $750. Forty percent of fees will go to an account for services for youth victims, including medical care, short-term shelter, and counseling.

The bill also appropriates money to the commissioner of public safety to develop a statewide victim services model to address the needs of sexually exploited youth and youth at risk of sexual exploitation. The law will go into effect in 2014; however, news reports indicate that several county prosecutors across the state have already agreed not to prosecute prostituted juveniles.


New Public Safety Laws to Take Effect on July 1: 

Synthetic marijuana banned
It will be a gross misdemeanor to sell synthetic marijuana and a person in possession of such a substance will be guilty of a misdemeanor.

Synthetic marijuana, also known as K2 or Spice, is a mix of common herbs sprayed with synthetic chemicals that mimic the effects of marijuana. It is sold in head shops and in stores as incense or potpourri. There is no minimum age to purchase the product.

Ignition interlock required for some drunk drivers
With the goal of keeping people who drink and drive off state roadways, a new law requires use of an ignition interlock device in some instances. It also provides a way for people with a B-Card license to get the restriction removed. Under the law, repeat DWI offenders and first-time offenders whose alcohol concentration is at least double the legal limit will have to use an ignition interlock device to drive legally in the state. The law is a statewide expansion of a successful pilot program in Hennepin and Beltrami counties. An ignition interlock device is installed in motor vehicles to prevent them from being started if a driver’s breath exceeds a preset breath-alcohol content limit, which will be 0.02 percent. A driver will also have to breathe into the device at certain times once the vehicle is started. If a driver fails a test, the vehicle will shut down. Device features deter others from starting the vehicle, and a misdemeanor penalty is provided for someone tampering with the device, except for emergency purposes or repair. A misdemeanor penalty also applies for someone who knowingly lets a person requiring ignition interlock to operate a vehicle without the device.

Under the law, first-time offenders whose alcohol concentration is below twice the legal limit will have a choice of getting a limited license, as is in current law, or getting full driving privileges provided they use the ignition interlock device.

 


  

New Public Safety laws to take effect on August 1: 

Tougher penalty for fleeing peace officer
The crime of fleeing a peace officer when the result of doing so results in a death that does not constitute murder or manslaughter has been modified. A new law extends current law to situations where a suspect initially flees police in a motor vehicle, but abandons the vehicle and continues to flee in another way. Current flee-on-foot statute does not address penalties for causing serious harm or death to others if pursuit of a felonious criminal goes from vehicle to foot. However, if the occupants are still in the car, they can be charged for all the harm caused by their actions.

Sex offender residency restriction clarified for courts

A new law authorizes a court to bar a juvenile found guilty of a sex crime from residing within 1,000 feet, or three city blocks, of the victim. The law inserts permissive language to ensure the court system fully understands that a judge has the option to issue such restraining orders in cases where the juvenile offender is over age 15 and does not live in the same home as the victim. The law also states that the residency restriction could be ordered for all or part of the time that the offender is under court jurisdiction.

 
Vulnerable adult protections
A new law makes reforms to the Vulnerable Adult Act, which was last substantially revised in 1995 to include making it a crime for vulnerable adult care facility workers or caregivers to engage in sexual conduct or penetration with a vulnerable adult in their care and makes this a registrable offense under the predatory offender law. The law will also increase the fourth-degree assault penalty from a misdemeanor to a gross misdemeanor for those who know or have reason to know their target is a vulnerable adult and still assault that person because of the perceived vulnerability and cause bodily harm in the act.
 

 MAC provides monthly Legislative Updates to it members:

January 2011

Please read MAC's public comment to MN Supreme Court regarding Cameras in the Courtroom Pilot Project:

Public Comment

 

 

To read about current status of the cameras in the courtroom pilot project:

Cameras in the court room pilot project

 


  

 Helpful Policy Links:

 

Center for Law and the Public Interest: www.clpi.org 

 

Minnesota Council of Nonprofits: www.mncn.org 

 

Minnesota State Legislature: www.leg.state.mn.us

 

National Crime Victim Law Institute: www.ncvli.org

 

Library of Congress - Thomas to track federal policy:

http://thomas.loc.gov/bss/111search.html

 

Copyright 2009 MN Alliance on Crime. All rights reserved. 

 

Minnesota Alliance on Crime
155 South Wabasha St,
Suite 104
St. Paul, MN 55107

ph: 612-940-8090
alt: 1-866-940-8090

ed@mnallianceoncrime.org