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HF 248

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:35am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to public safety; authorizing continuation of existing domestic fatality
review team and permitting all judicial districts to create domestic fatality review
teams; amending Laws 1999, chapter 216, article 2, section 27, subdivisions
1, as amended, 3c, as added, 4; repealing Laws 2002, chapter 266, section 1,
as amended.

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

Section 1.

Laws 1999, chapter 216, article 2, section 27, subdivision 1, as amended by
Laws 2000, chapter 468, section 29, is amended to read:


Subdivision 1.

deleted text begin Pilot project authorizeddeleted text end new text begin Domestic fatality review teamsnew text end ; purpose.

deleted text begin The fourthdeleted text end new text begin Anew text end judicial district may establish a domestic fatality review team deleted text begin as a 30-month
pilot projectdeleted text end to review domestic violence deaths that have occurred in the district. The
team may review cases in which prosecution has been completed or the prosecutorial
authority has decided not to pursue the case. The purpose of the review team is to
assess domestic violence deaths in order to develop recommendations for policies and
protocols for community prevention and intervention initiatives to reduce and eliminate
the incidence of domestic violence and resulting fatalities.

Sec. 2.

Laws 1999, chapter 216, article 2, section 27, subdivision 3c, as added by Laws
2000, chapter 468, section 32, is amended to read:


Subd. 3c.

Immunity.

Members of the deleted text begin fourth judicial districtdeleted text end domestic fatality
advisory board, members of the domestic fatality review team, and members of each
review panel, as well as their agents or employees, are immune from claims and are
not subject to any suits, liability, damages, or any other recourse, civil or criminal,
arising from any act, proceeding, decision, or determination undertaken or performed or
recommendation made by the domestic fatality review team, provided they acted in good
faith and without malice in carrying out their responsibilities. Good faith is presumed until
proven otherwise and the complainant has the burden of proving malice or a lack of good
faith. No organization, institution, or person furnishing information, data, testimony,
reports, or records to the domestic fatality review team as part of an investigation is civilly
or criminally liable or subject to any other recourse for providing the information.

Sec. 3.

Laws 1999, chapter 216, article 2, section 27, subdivision 4, is amended to read:


Subd. 4.

Evaluation and report.

(a) deleted text begin Thedeleted text end new text begin Eachnew text end domestic fatality review team
shall develop a system for evaluating the effectiveness of its program and shall focus on
identifiable goals and outcomes. An evaluation must include data components as well as
input from individuals involved in the review process.

(b) deleted text begin Thedeleted text end new text begin Eachnew text end domestic fatality review team shall issue deleted text begin twodeleted text end new text begin annew text end annual deleted text begin reportsdeleted text end new text begin reportnew text end
to the legislature deleted text begin during the pilot project; one on or before December 31, 2000, and one on
or before December 31, 2001deleted text end . The deleted text begin reportsdeleted text end new text begin report new text end must consist of the written aggregate
recommendations of the domestic fatality review team without reference to specific cases.
deleted text begin The December 31, 2001, report must include recommendations for legislation.deleted text end The deleted text begin reportsdeleted text end
new text begin report new text end must be available upon request and distributed to the governor, attorney general,
supreme court, county board, and district court.

Sec. 4. new text begin REPEALER.
new text end

new text begin Laws 2002, chapter 266, section, 1 as amended by Laws 2004, chapter 290, section
38, and Laws 2006, chapter 260, article 5, section 53, new text end new text begin is repealed.
 new text end