HF 1647

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2023 01:06pm

A bill for an act
relating to public safety; requiring prosecutors to notify victims of plea, sentencing,
and sentencing modification hearings; amending Minnesota Statutes 2022, sections
611A.033; 611A.039, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 611A.033, is amended to read:

611A.033 SPEEDY TRIAL; NOTICE OF new text begin HEARINGS AND new text end SCHEDULE
CHANGE.

(a) A victim has the right to request that the prosecutor make a demand under rule 11.09
of the Rules of Criminal Procedure that the trial be commenced within 60 days of the demand.
The prosecutor shall make reasonable efforts to comply with the victim's request.

new text begin (b) A prosecutor shall make reasonable efforts to provide to a victim the date and time
of the sentencing hearing and the hearing during which the plea is to be presented to the
court.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end A prosecutor shall make reasonable efforts to provide advance notice of any
change in the schedule of the court proceedings to a victim who has been subpoenaed or
requested to testify.

deleted text begin (c) deleted text end new text begin (d) new text end In a criminal proceeding in which a vulnerable adult, as defined in section 609.232,
subdivision 11, is a victim, the state may move the court for a speedy trial. The court, after
consideration of the age and health of the victim, may grant a speedy trial. The motion may
be filed and served with the complaint or any time after the complaint is filed and served.

Sec. 2.

Minnesota Statutes 2022, section 611A.039, subdivision 1, is amended to read:

Subdivision 1.

Notice required.

(a) Except as otherwise provided in subdivision 2,
within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which
there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts
to provide to each affected crime victim oral or written notice of the final disposition of the
case and of the victim rights under section 611A.06. When the court is considering modifying
the sentence for a felony or a crime of violence or an attempted crime of violence, the deleted text begin court
or its designee deleted text end new text begin prosecutor new text end shall make a reasonable and good faith effort to notify the victim
of the crime. If the victim is incapacitated or deceased, notice must be given to the victim's
family. If the victim is a minor, notice must be given to the victim's parent or guardian. The
notice must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person to contact for additional information;
and

(4) a statement that the victim and victim's family may provide input to the court
concerning the sentence modification.

(b) The Office of Justice Programs in the Department of Public Safety shall develop and
update a model notice of postconviction rights under this subdivision and section 611A.06.

(c) As used in this section, "crime of violence" has the meaning given in section 624.712,
subdivision 5, and also includes violations of section 609.3458, gross misdemeanor violations
of section 609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451,
609.748, and 609.749.