HF 4174

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 04:47pm

A bill for an act
relating to public safety; limiting liability for felony murder committed by another
person; extending the task force on aiding and abetting felony murder; providing
for a report; amending Minnesota Statutes 2020, section 609.05, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2020, section 609.05, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Exception. new text end

new text begin (a) A person may not be held criminally liable for a violation of
section 609.185, paragraph (a), clause (3), committed by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with the intent to cause the death of a human being.
new text end

new text begin (b) A person may not be held criminally liable for a violation of section 609.19,
subdivision 2, clause (1), committed by another unless the person was a major participant
in the underlying felony and acted with extreme indifference to human life.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 2. new text begin LIABILITY FOR MURDER COMMITTED BY ANOTHER; RETROACTIVE
APPLICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin Any person convicted of a violation of Minnesota Statutes,
section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), and in the
custody of the commissioner of corrections or under court supervision is entitled to petition
to have the person's conviction vacated pursuant to this section.
new text end

new text begin Subd. 2. new text end

new text begin Notification. new text end

new text begin (a) By October 1, 2022, the commissioner of corrections shall
notify individuals convicted for a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (3), or 609.19, subdivision 2, clause (1), of the right to file a preliminary
application for relief if:
new text end

new text begin (1) the person was convicted for a violation of Minnesota Statutes, section 609.185,
paragraph (a), clause (3), and did not actually cause the death of a human being or
intentionally aid, advise, hire, counsel, or conspire with or otherwise procure another with
the intent to cause the death of a human being; or
new text end

new text begin (2) the person was convicted for a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), and did not actually cause the death of a human being or was not
a major participant in the underlying felony who acted with extreme indifference to human
life.
new text end

new text begin (b) The notice shall include the address of the Ramsey County District Court court
administration.
new text end

new text begin (c) The commissioner of corrections may coordinate with the judicial branch to establish
a standardized notification form.
new text end

new text begin Subd. 3. new text end

new text begin Preliminary application. new text end

new text begin (a) An applicant shall submit a preliminary application
to the Ramsey County District Court. The preliminary application must contain:
new text end

new text begin (1) the applicant's name and, if different, the name under which the person was convicted;
new text end

new text begin (2) the applicant's date of birth;
new text end

new text begin (3) the district court case number of the case for which the person is seeking relief;
new text end

new text begin (4) a statement as to whether the applicant was convicted following a trial or pursuant
to a plea;
new text end

new text begin (5) a statement as to whether the person filed a direct appeal from the conviction, a
petition for postconviction relief, or both;
new text end

new text begin (6) a brief statement, not to exceed 2,000 words, explaining why the applicant is entitled
to relief from a conviction for the death of a human being caused by another; and
new text end

new text begin (7) the name and address of any attorney representing the applicant.
new text end

new text begin (b) The preliminary application may contain:
new text end

new text begin (1) the name, date of birth, and district court case number of any other person charged
with, or convicted of, a crime arising from the same set of circumstances for which the
applicant was convicted; and
new text end

new text begin (2) a copy of a criminal complaint or indictment, or the relevant portions of a presentence
investigation or life imprisonment report, describing the facts of the case for which the
applicant was convicted.
new text end

new text begin (c) The judicial branch may establish a standardized preliminary application form, but
shall not reject a preliminary application for failure to use a standardized form.
new text end

new text begin (d) Any person seeking relief under this section must submit a preliminary application
no later than October 1, 2023. Submission is complete upon mailing.
new text end

new text begin (e) Submission of a preliminary application shall be without costs or any fees charged
to the applicant.
new text end

new text begin Subd. 4. new text end

new text begin Review of preliminary application. new text end

new text begin (a) Upon receipt of a preliminary
application, the court administrator of the Ramsey County District Court shall immediately
direct attention of the filing thereof to the chief judge or judge acting on the chief judge's
behalf who shall promptly assign the matter to a judge in said district.
new text end

new text begin (b) The judicial branch may appoint a special master to review preliminary applications
and may assign additional staff as needed to assist in the review of preliminary applications.
new text end

new text begin (c) The reviewing judge shall determine whether, in the discretion of that judge, there
is a reasonable probability that the applicant is entitled to relief under this section.
new text end

new text begin (d) In making the determination under paragraph (c), the reviewing judge shall consider
the preliminary application and any materials submitted with the preliminary application
and may consider relevant records in the possession of the judicial branch.
new text end

new text begin (e) The court may summarily deny an application when the applicant is not in the custody
of the commissioner of corrections or under court supervision; the applicant was not
convicted of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3),
or 609.19, subdivision 2, clause (1), before August 1, 2022; the issues raised in the application
are not relevant to the relief available under this section or have previously been decided
by the court of appeals or the supreme court in the same case; or the applicant has filed a
second or successive preliminary application.
new text end

new text begin (f) If the reviewing judge determines that there is a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any, and the prosecutorial office responsible for prosecuting the applicant. In
the event the applicant is without counsel, the reviewing judge shall send notice to the state
public defender and shall advise the applicant of such referral.
new text end

new text begin (g) If the reviewing judge determines that there is not a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any.
new text end

new text begin Subd. 5. new text end

new text begin Petition for relief; hearing. new text end

new text begin (a) Within 60 days of receipt of the notice sent
pursuant to subdivision 4, paragraph (f), the individual seeking relief shall file and serve a
petition to vacate the conviction. The petition shall contain the information identified in
subdivision 3, paragraph (a), and a statement of why the petitioner is entitled to relief. The
petition may contain any other relevant information including police reports, trial transcripts,
and plea transcripts involving the petitioner or any other person investigated for, charged
with, or convicted of a crime arising out of the same set of circumstances for which the
petitioner was convicted. The filing of the petition and any document subsequent thereto
and all proceedings thereon shall be without costs or any fees charged to the petitioner.
new text end

new text begin (b) A county attorney representing the prosecutorial office shall respond to the petition
by answer or motion within 30 days after the filing of the petition pursuant to paragraph
(a), unless extended for good cause. The response shall be filed with the court administrator
of the district court and served on the petitioner if unrepresented or on the petitioner's
attorney. The response may serve notice of the intent to support the petition or include a
statement explaining why the petitioner is not entitled to relief along with any supporting
documents. The filing of the response and any document subsequent thereto and all
proceedings thereon shall be without costs or any fees charged to the county attorney.
new text end

new text begin (c) Within 30 days of receipt of the response from the county attorney, the court shall:
new text end

new text begin (1) issue an order pursuant to subdivision 6 and schedule the matter for sentencing or
resentencing pursuant to subdivision 6, paragraph (e), if the county attorney indicates an
intent to support the petition;
new text end

new text begin (2) issue an order denying the petition if additional information or submissions establish
that there is not a reasonable probability that the applicant is entitled to relief under this
section; or
new text end

new text begin (3) schedule the matter for a hearing and issue any appropriate order regarding submission
of evidence or identification of witnesses.
new text end

new text begin (d) The hearing shall be held in open court and conducted pursuant to Minnesota Statutes,
section 590.04, except that the petitioner must be present at the hearing, unless excused
under Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3).
new text end

new text begin Subd. 6. new text end

new text begin Determination; order; resentencing. new text end

new text begin (a) A petitioner who was convicted of
a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), is entitled to
relief if the petitioner:
new text end

new text begin (1) did not cause the death of a human being; and
new text end

new text begin (2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being.
new text end

new text begin (b) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), is entitled to relief if the petitioner:
new text end

new text begin (1) did not cause the death of a human being; and
new text end

new text begin (2) was not a major participant in the underlying felony and did not act with extreme
indifference to human life.
new text end

new text begin (c) If the court determines that the petitioner does not qualify for relief, the court shall
issue an order denying the petition. If the court determines that the petitioner is entitled to
relief, the court shall issue an order vacating the conviction for a violation of Minnesota
Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1),
and either:
new text end

new text begin (1) resentence the petitioner for any other offense for which the petitioner was convicted;
or
new text end

new text begin (2) enter a conviction and impose a sentence for any other predicate felony arising out
of the course of conduct that served as the factual basis for the conviction vacated by the
court.
new text end

new text begin (d) The court shall state in writing or on the record the reasons for its decision on the
petition.
new text end

new text begin (e) If the court intends to resentence a petitioner or impose a sentence on a petitioner,
the court must hold the hearing at a time that allows any victim an opportunity to submit a
statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make
a good faith and reasonable effort to notify any person determined to be a victim of the
hearing and the right to submit or make a statement. A sentence imposed under this
subdivision shall not increase the petitioner's period of confinement or, if the petitioner was
serving a stayed sentence, increase the period of supervision. A person resentenced under
this paragraph is entitled to credit for time served in connection with the vacated offense.
new text end

new text begin (f) Relief granted under this section shall not be treated as an exoneration for purposes
of the Incarceration and Exoneration Remedies Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 3. new text begin TASK FORCE ON AIDING AND ABETTING FELONY MURDER.
new text end

new text begin (a) Laws 2021, First Special Session chapter 11, article 2, section 53, subdivisions 2, 3,
4, and 5, are revived and reenacted on the effective date of this section to expand the focus
of the task force's duties and work beyond the intersection of felony murder and aiding and
abetting liability for felony murder to more generally apply to the broader issues regarding
the state's felony murder doctrine and aiding and abetting liability schemes discussed in
"Task Force on Aiding and Abetting Felony Murder," Report to the Minnesota Legislature,
dated February 1, 2022, "The Task Force's recommendations," number 4.
new text end

new text begin (b) On or before January 15, 2023, the task force shall submit a report to the chairs and
ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over crime and sentencing on the findings and recommendations
of the task force.
new text end

new text begin (c) The task force expires January 16, 2023, or the day after submitting its report under
paragraph (b), whichever is earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin TASK FORCE ON AIDING AND ABETTING FELONY MURDER;
APPROPRIATION.
new text end

new text begin $....... in fiscal year 2023 is appropriated from the general fund to the commissioner of
corrections to implement the task force on aiding and abetting felony murder.
new text end