Minnesota House and Senate Votes on Crime and Public Safety

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Votes

Crime and Public Safety
Final House Vote, Access to Firefighter Criminal History

Body: House | Journal Page: 10142 (Click to view vote.)
Scored? No |
Author: Lesch
Acting on: SF2363 Date: 04/13/2010
Result: Bill Passed 128 - 0

SF 2363 expands current law that allows fire departments to access criminal data about job applicants by allowing the same access to criminal data about current employees. The bill provides that fire departments "must use uniform access procedures that apply to all applicants or employees" and that the data can be accessed only once a year. Rep. Holberg raised concerns about notice of the change to current employees and whether a Tennessen Warning would be issued. Not scored.

Crime and Public Safety
Juvenile Expungement for DHS Lincensing

Body: House | Journal Page: 10140 (Click to view vote.)
Scored? Yes | Right Vote: N
Author: Lesch
Acting on: SF2935 Date: 04/13/2010
Result: Amendment Adopted 82 - 48

The Lesch amendment would add a new article to the bill which contains many of the provisions of his HF 3382/SF 2790, which would be vetoed by Governor Pawlenty on May 13, 2010. (Click here for the veto message.) The amendment makes changes to laws regarding the expungement of juvenile criminal history records. It provides limited exceptions from current law that permanently disqualifies persons from licensure for state human services positions if the person was under the age of 18 at the time the crime was committed. These positions include contact with children and vulnerable adults. Vote Red.

Crime and Public Safety
First House Vote, Domestic Abuse Act

Body: House | Journal Page: 10103 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Hilstrom
Acting on: SF2437 Date: 04/13/2010
Result: Bill Passed 132 - 0

SF 2437 contains a number of provisions related to domestic violence. Included are (from bill description) changes to the domestic abuse no contact orders, witness tampering, an increase in the maximum bail for nonfelony domestic assault and domestic abuse order for protection violations, exempting certain domestic abuse or sexual attack programs from data practices requirements, extending area for protection to a reasonable area around residence or dwelling in ex parte orders for protection, modifying the crime of stalking, and creating a pilot project to allow judges to order electronic monitoring for domestic abuse offenders on pretrial release. Pets are also protected from harm under MS 518B, the Domestic Abuse Act. Vote Green.

Crime and Public Safety
First Senate Vote, Juvenile Offender Provisions

Body: Senate | Journal Page: 9549 (Click to view vote.)
Scored? Yes | Right Vote: N
Author: Moua
Acting on: SF2790 Date: 04/12/2010
Result: Bill Passed 47 - 17

SF 2790 changes laws related mostly to juvenile offenders. Included are provisions related to expungement of juvenile records and the permanent disqualification standards for persons with violent criminal histories who work in the Dept. of Human Services. There were also concerns about mandated chemical use assessments "in consultation with" parents - not with parental consent. A Senate floor amendment offered by Sen. Latz authorized new diversion and stays of adjudication by the courts. This bill would eventually be vetoed by Gov. Pawlenty. (Click here for the veto message.) Vote Red.

Crime and Public Safety
First Senate Vote, Miscellaneous Highway Safety Provisions

Body: Senate | Journal Page: 9551 (Click to view vote.)
Scored? No |
Author: Gimse
Acting on: HF3263 Date: 04/12/2010
Result: Bill Passed 62 - 2

Among the many provisions that were in and then out of the various engrossments of HF 3263 are provisions to beef up laws to keep slow drivers out of the fast lane, new vertical license plates for motorcycles, seat belt exceptions for certain vehicles, roundabout specifications, and highway work zone 40 mph speed limit authorization. It creates an educational account to be funded by a new $50 fine collected from those who drive in the fast lane when they shouldn't. The bill also directs the Dept. of Public Safety to include in the driving manual instructions on when drivers need to keep out of the left-hand lane. As amended by Rep. Urdahl in the House, the bill also keeps speeding tickets off of your driving record for driving up to 70 .mp.h. in a 60 m.p.h. zone. Vote Green. See Final House Vote for the details (pending).

Crime and Public Safety
Final Senate Vote, Sex Offender Registration Requirements

Body: Senate | Journal Page: 9545 (Click to view vote.)
Scored? No |
Author: Scheid
Acting on: HF3174 Date: 04/12/2010
Result: Bill Passed 63 - 0

HF 3174 is not controversial, but see also the House amendment offered by Rep. Emmer to impose life sentences for sex offenders. The Emmer amendment was withdrawn. From the bill title: "Predatory offender registration law amended to address registrants living in homeless shelters and to clarify that the registration requirement for offenders who move out of state are suspended not terminated." Vote Green.

Crime and Public Safety
Final House Vote, Pretrial Filing of Transcripts

Body: House | Journal Page: 9853 (Click to view vote.)
Scored? No |
Author: Simon
Acting on: HF212 Date: 04/08/2010
Result: Bill Passed 130 - 0

HF 212 provides that recorded evidence - videotape, audiotape, or electronic or digital recording - made using recording equipment in a law enforcement vehicle, "shall not be excluded on the ground that a written transcript of the recording was not prepared and available at or prior to trial." Evidently this is a clarification that will save a lot of money. Not controversial. Not scored. The only change made by the Senate was to correct the effective date.

Crime and Public Safety
Data Practises In Forma Pauperis

Body: House | Journal Page: 9896 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Mack
Acting on: HF2899 Date: 04/08/2010
Result: Amendment Defeated 61 - 69

The Mack amendment would authorize the Office of Administrative Hearings (OAH) to waive the $1,000 filing fee required in data practices complaints. The waiver is authorized "if the individual seeking a waiver of the fee files with the office an affidavit stating that the individual is financially unable to pay the fee because the individual's annual income does not exceed 125 percent of the poverty line established under United States Code, title 42, section 9902(2)." BillsandVotes.com generally opposes coddling the poor, but since this is already done for actions in civil court, vote green.

Crime and Public Safety
Final House Passage, Dataminers Criminal Data Standards

Body: House | Journal Page: 9897 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Holberg
Acting on: SF2322 Date: 04/08/2010
Result: Bill Passed 130 - 0

SF 2322 requires business screening services to update their records when there are changes to the official source of criminal data upon which their data is based. The bill defines a "complete and accurate record" as a record that has been "updated within 30 days of its receipt; or been verified with the source of the data within the previous 90 days as being up-to-date." House author Mary Liz Holberg called the bill a "baby step" in the effort to ensure the datamining businesses are responsible disseminators of data on individuals. Vote Green.

Crime and Public Safety
Permanent Revocation After Felony Sex Conviction

Body: House | Journal Page: 9870 (Click to view vote.)
Scored? No |
Author: Scott
Acting on: SF3147 Date: 04/08/2010
Result: Amendment Adopted 132 - 0

The Scott amendment removes the ability of a health care professional or a chiropractor from ever being licensed in Minnesota if convicted of a felony-level sex offense. Not scored.

Crime and Public Safety
Health Care Practitioner Felony Sex Convictions

Body: House | Journal Page: 9871 (Click to view vote.)
Scored? No |
Author: Jackson
Acting on: SF3147 Date: 04/08/2010
Result: Bill Passed 132 - 0

SF 3147 would prohibit health care professionals and chiroprators from practising after being convicted of a felony-level sex offence. The House version of the bill (see HF 3634 2nd Engrossment) extends the prohibition to all persons licensed by health-related licensing boards listed in section 214.01, subdivision 2. Click here for a related Star Tribune story.

Crime and Public Safety
Final House Vote, Blood Samples for DWI's

Body: House | Journal Page: 9807 (Click to view vote.)
Scored? Yes | Right Vote: N
Author: Kath
Acting on: HF2881 Date: 04/07/2010
Result: Bill Passed 96 - 32

As so often is the case, the Senate version of HF 2881 that came back to the House for final passage was without the GOP floor amendment. It's a familiar pattern: Let the Republicans add their amendments, throw the bill over to the Senate with instructions to remove the GOP amendments, send it back and ram it through when there is no opportunity to put the GOP language back in. In this case the provision that was dropped from the bill was the Gottwalt amendment to limit the definition of "qualified person" to medical personnel who are "licensed or certified." This provision was offered to tighten up the loose definition of who would be qualified to draw blood from a person - a procedure which one would assume takes a certain amount of training. Vote Red on the weakened Kath bill.

Crime and Public Safety
Foggy Auto Window Tinting Laws

Body: House | Journal Page: 9811 (Click to view vote.)
Scored? No |
Author: Mariani
Acting on: SF2370 Date: 04/07/2010
Result: Bill Passed 112 - 17

SF 2370 (as amended with the language of HF 2914) is a clumsy attempt to prohibit Minnesota businesses from tinting car windows in an illegal manner. Current law only prohibits people from driving cars with illegally tinted windows but is silent on the sale of tinting services and the sale of cars with illegally tinted windows. Rather than conform Minnesota's tinting limits to those of other states or simply requiring businesses to inform buyers that a car may be illegally tinted, the bill creates a brand new misdemeanor violation. The real issue here may be Minnesota's exceptionally strict window tinting limits. TintCenter.com provides a state-by-state listing of window tinting limits (hey - they got everything on the Internet now). Not scored.

Crime and Public Safety
Juvenile Offender Provisions Minus Expungment and Sealed Record Changes

Body: Senate | Journal Page: 9282 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Limmer
Acting on: SF2790 Date: 04/06/2010
Result: Amendment Defeated 22 - 42

The Limmer DE (delete everything) amendment, according to Sen. Limmer, contains the provisions of SF 2790, minus the provisions that seal and expunge juvenile criminal records. Wiping the record clean of all juvenile offenses denies future employers and others of the ability to know who they may be dealing with. A 19-year-old, for example, already heading down the wrong path, would have crimes from as recent as a year back sealed from potential employers. There was a lot of talk about giving juvenile offenders a second chance. Great. But that should be up to the people who employ them. Vote Green.

Crime and Public Safety
Relaxed Standards for Statutory Rape

Body: Senate | Journal Page: 9269 (Click to view vote.)
Scored? Yes | Right Vote: N
Author: Dille
Acting on: SF2790 Date: 04/06/2010
Result: Amendment Adopted 43 - 20

After adopting the noncontroversial first portion of the Dille amendment, the Senate took up the second portion. This change would modify the circumstances under which a person could be found guilty of criminal sexual conduct in the third degree (statutory rape) in cases where the victim is between the ages of 13 and 16 (MS 609.344, subd. 1). The new language would stipulate that the person is guilty if he is more than 36 months older than the victim. Current law stipulates that the person is guilty if he is more than 24 months older than the victim. A felony conviction for the older of two high school sweethearts engaging in consensual sex can have a lifelong negative impact. States vary widely in defining statutory rape and the penalties for it. Click here for a listing of state-by-state laws as of 2003.

Sen. Dille made good arguments in support of his amendment, but it was a bad idea to bring this issue up as an amendment on the Senate floor. This issue needs lengthy committee hearings to allow input from stakeholders on all sides. A floor amendment with a few minutes of debate doesn't do the institution or the underlying issue justice. Vote Red.

Crime and Public Safety
Final Senate Vote, Blood Samples for DWI's

Body: Senate | Journal Page: 9113 (Click to view vote.)
Scored? No |
Author: Dahle
Acting on: HF2881 Date: 03/29/2010
Result: Bill Passed 67 - 0

Provides legal immunity for qualified persons who withdraw blood from persons suspected of DWI. The change is: "or other qualified person acting at the request of a peace officer may withdraw blood for the purpose of determining the presence of alcohol, a controlled substance or its metabolite, or a hazardous substance." The House adopted a Gottwalt amendment to limit the definition of "qualified person" to medical personnel who are "licensed or certified." The Senate did not adopt that limit. Not scored. See final House vote.

Crime and Public Safety
Chiropractor Felony Sex Convictions

Body: Senate | Journal Page: 9105 (Click to view vote.)
Scored? Yes | Right Vote: N
Author: Erickson Ropes
Acting on: SF3147 Date: 03/29/2010
Result: Bill Passed 50 - 16

After adoption of the Latz amendment on March, 23, 2010, the bill was watered down by leaving the door open to license reinstatement for chiropractors if they enter a plea of guilty to a charge felony-level sexual conduct. Vote Red.

Crime and Public Safety
First Senate Vote, Domestic Abuse Act

Body: Senate | Journal Page: 9245 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Moua
Acting on: SF2437 Date: 03/29/2010
Result: Bill Passed 67 - 0

See First House Vote, Domestic Abuse Act. Vote Green.

Crime and Public Safety
Final Senate Vote, Access to Firefighter Criminal History

Body: Senate | Journal Page: 9240 (Click to view vote.)
Scored? No |
Author: Betzold
Acting on: SF2363 Date: 03/29/2010
Result: Bill Passed 66 - 0

See Final House Vote, Access to Firefighter Criminal History.

Crime and Public Safety
Housing Outstate Inmates in Minnesota

Body: Senate | Journal Page: 9092 (Click to view vote.)
Scored? No |
Author: Pariseau
Acting on: SF2709 Date: 03/29/2010
Result: Bill Passed 64 - 0

SF 2709 allows county and regional jails in Minnesota to house inmates from other states. The bill clarifies that the prisoners are not being extradited to Minnesota, but are merely being housed at Minnesota facilities. The bill also provides that offenders may be charged room and board "for any time for which the person receives credit for time served against the sentence imposed as a result of the conviction." Not controversial. Not scored.