HF 992

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 05:46pm

A bill for an act
relating to judiciary; establishing requirements related to the use of jailhouse
witnesses in criminal prosecutions; requiring reports; requiring notification to
victims; classifying data; proposing coding for new law in Minnesota Statutes,
chapters 13; 634.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [13.3655] ATTORNEY GENERAL DATA CODED ELSEWHERE.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The sections referred to in this section are codified outside this
chapter. Those sections classify attorney general data as other than public, place restrictions
on access to government data, or involve data sharing.
new text end

new text begin Subd. 2. new text end

new text begin Jailhouse witnesses. new text end

new text begin Data collected and maintained by the attorney general
regarding jailhouse witnesses are governed by section 634.045.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 2.

new text begin [634.045] JAILHOUSE WITNESSES.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
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new text begin (b) "Benefit" means any plea bargain, bail consideration, reduction or modification of
sentence, or any other leniency, immunity, financial payment, reward, or amelioration of
current or future conditions of incarceration offered or provided in connection with, or in
exchange for, testimony that is offered or provided by a jailhouse witness.
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new text begin (c) "Jailhouse witness" means a person who (1) while incarcerated, claims to have
obtained information from a defendant in a criminal case or a person suspected to be the
perpetrator of an offense, and (2) offers or provides testimony concerning statements made
by that defendant or person suspected to be the perpetrator of an offense. It does not mean
a codefendant or confidential informant who does not provide testimony against a suspect
or defendant.
new text end

new text begin Subd. 2. new text end

new text begin Use of and benefits provided to jailhouse witnesses; data collection. new text end

new text begin (a)
Each county attorney shall report to the attorney general:
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new text begin (1) the substance and use of any testimony of a jailhouse witness against the interest of
a suspect or defendant, regardless of whether such testimony is presented at trial; and
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new text begin (2) the jailhouse witness's agreement to cooperate with the prosecution and any benefit
that the prosecutor has offered or may offer in the future to the jailhouse witness in connection
with the testimony.
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new text begin (b) The attorney general shall maintain a statewide database containing the information
received pursuant to paragraph (a).
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new text begin (c) Data collected and maintained pursuant to this subdivision are classified as confidential
data on individuals, as defined in section 13.02, subdivision 3. Only a county attorney or
the attorney general may access the statewide database.
new text end

new text begin Subd. 3. new text end

new text begin Report on jailhouse witnesses. new text end

new text begin By September 15 of each year, beginning in
2022, the attorney general shall publish on its website an annual report on the database
required under subdivision 2. Information in the report must be limited to summary data,
as defined in section 13.02, subdivision 19, and must include:
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new text begin (1) the total number of jailhouse witnesses tracked in the database; and
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new text begin (2) for each county, the number of new reports added pursuant to subdivision 2, paragraph
(a), over the previous fiscal year.
new text end

new text begin Subd. 4. new text end

new text begin Disclosure of information regarding jailhouse witness. new text end

new text begin (a) In addition to the
requirements for disclosures under rule 9 of the Rules of Criminal Procedure, and within
the timeframes established by that rule, a prosecutor must disclose the following information
to the defense about any jailhouse witness:
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new text begin (1) the complete criminal history of the jailhouse witness, including any charges that
are pending or were reduced or dismissed as part of a plea bargain;
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new text begin (2) any cooperation agreement with the jailhouse witness and any deal, promise,
inducement, or benefit that the state has made or intends to make in the future to the jailhouse
witness;
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new text begin (3) whether, at any time, the jailhouse witness recanted any testimony or statement
implicating the suspect or defendant in the charged crime and, if so, the time and place of
the recantation, the nature of the recantation, and the names of the persons who were present
at the recantation;
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new text begin (4) whether, at any time, the jailhouse witness made a statement implicating any other
person in the charged crime and, if so, the time and place of the statement, the nature of the
statement, and the names of the persons who were present at the statement; and
new text end

new text begin (5) information concerning other criminal cases in which the jailhouse witness has
testified, or offered to testify, against a suspect or defendant with whom the jailhouse witness
was imprisoned or confined, including any cooperation agreement, deal, promise, inducement,
or benefit that the state has made or intends to make in the future to the jailhouse witness.
new text end

new text begin (b) A prosecutor has a continuing duty of disclosure before and during trial. If, after the
omnibus hearing held pursuant to rule 11 of the Rules of Criminal Procedure, a prosecutor
discovers additional material, information, or witnesses subject to disclosure under this
subdivision, the prosecutor must promptly notify the court and defense counsel, or, if the
defendant is not represented, the defendant, of what was discovered. If the court finds that
the jailhouse witness was not known or that materials in paragraph (a) could not be discovered
or obtained by the state within that period with the exercise of due diligence, the court may
order that disclosure take place within a reasonable period. Upon good cause shown, the
court may continue the proceedings.
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new text begin (c) If the prosecutor files a written certificate with the trial court that disclosing the
information described in paragraph (a) would subject the jailhouse witness or other persons
to physical harm or coercion, the court may order that the information must be disclosed to
the defendant's counsel but may limit disclosure to the defendant in a way that does not
unduly interfere with the defendant's right to prepare and present a defense, including limiting
disclosure to nonidentifying information.
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new text begin Subd. 5. new text end

new text begin Victim notification. new text end

new text begin (a) A prosecutor shall make every reasonable effort to
notify a victim if the prosecutor has decided to offer or provide any of the following to a
jailhouse witness in exchange for, or as the result of, a jailhouse witness offering or providing
testimony against a suspect or defendant:
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new text begin (1) reduction or dismissal of charges;
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new text begin (2) a plea bargain;
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new text begin (3) support for a modification of the amount or conditions of bail; or
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new text begin (4) support for a motion to reduce or modify a sentence.
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new text begin (b) Efforts to notify the victim should include, in order of priority: (1) contacting the
victim or a person designated by the victim by telephone; and (2) contacting the victim by
mail. If a jailhouse witness is still in custody, the notification attempt shall be made before
the jailhouse witness is released from custody.
new text end

new text begin (c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual conduct,
or harassment or stalking under this section, the prosecutor shall also inform the victim of
the method and benefits of seeking an order for protection under section 518B.01 or a
restraining order under section 609.748 and that the victim may seek an order without paying
a fee.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end