HF 329

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; authorizing imposition of the 
  1.3             death penalty for first degree murder under certain 
  1.4             aggravating circumstances; providing a statutory 
  1.5             framework, including procedures and criteria, 
  1.6             consistent with due process for determining when the 
  1.7             imposition of the death penalty is appropriate; 
  1.8             providing for automatic appellate review of death 
  1.9             penalty cases; providing for appointment of attorneys 
  1.10            in death penalty cases; providing an administrative 
  1.11            framework for implementing the death penalty; 
  1.12            appropriating money; amending Minnesota Statutes 2000, 
  1.13            sections 243.05, subdivision 1; 609.10, subdivision 1; 
  1.14            609.12, subdivision 1; 609.135, subdivision 1; and 
  1.15            609.185; proposing coding for new law as Minnesota 
  1.16            Statutes, chapter 244A. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18                             ARTICLE 1
  1.19                           DEATH PENALTY 
  1.20     Section 1.  [244A.01] [REQUIRING NOTICE BY STATE IN DEATH 
  1.21  PENALTY CASES.] 
  1.22     If the state intends to seek the death penalty for an 
  1.23  offense punishable by death, the prosecuting attorney shall sign 
  1.24  and file with the court, and serve upon the defendant, a notice 
  1.25  that the state will seek the sentence of death in the event of 
  1.26  conviction.  The notice must be filed and served within a 
  1.27  reasonable time before trial or acceptance by the court of a 
  1.28  plea of guilty.  If the prosecuting attorney does not comply 
  1.29  with the notice requirements of this section, the court may not 
  1.30  impose the death penalty under section 244A.04.  
  1.31     Sec. 2.  [244A.02] [APPOINTMENT OF ATTORNEYS IN CAPITAL 
  2.1   CASES.] 
  2.2      Upon notification under section 1 that the prosecuting 
  2.3   attorney intends to seek the death penalty, the court shall 
  2.4   order the appointment of two attorneys to counsel the defendant, 
  2.5   at least one of whom has had significant criminal defense 
  2.6   experience, unless the court is satisfied that the defendant has 
  2.7   retained a competent attorney.  If the defendant is not 
  2.8   represented by an attorney and is not able to afford one, the 
  2.9   court shall order the appropriate district public defender to 
  2.10  assign two public defenders.  If the defendant is convicted and 
  2.11  sentenced to death, the state public defender shall represent 
  2.12  the defendant during the appeal process. 
  2.13     Sec. 3.  [244A.03] [SENTENCE OF DEATH FOR MURDER IN CERTAIN 
  2.14  CASES; SENTENCING PROCEEDINGS.] 
  2.15     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  2.16  section, "first degree murder" means murder in the first degree 
  2.17  as defined in section 609.185. 
  2.18     Subd. 2.  [EXCLUDING DEATH SENTENCE.] When a defendant is 
  2.19  found guilty of first degree murder, the court shall impose a 
  2.20  sentence other than that of death if it is satisfied that:  
  2.21     (1) none of the aggravating circumstances listed in 
  2.22  subdivision 4 was established by the evidence at the trial or 
  2.23  will be established at a sentencing proceeding under subdivision 
  2.24  3; 
  2.25     (2) substantial mitigating circumstances, established by 
  2.26  the evidence at the trial, call for leniency; 
  2.27     (3) the defendant, with the consent of the prosecuting 
  2.28  attorney and the approval of the court, pleaded guilty to murder 
  2.29  with life imprisonment or a lesser sentence as the maximum term; 
  2.30     (4) the defendant was under 18 years of age at the time of 
  2.31  the commission of the crime; 
  2.32     (5) the defendant's physical or mental condition calls for 
  2.33  leniency; or 
  2.34     (6) although the evidence is sufficient to sustain the 
  2.35  verdict, it does not foreclose all doubt about the defendant's 
  2.36  guilt. 
  3.1      Subd. 3.  [SEPARATE SENTENCING PROCEEDING TO DETERMINE IF 
  3.2   DEATH PENALTY WARRANTED.] (a) If a defendant is convicted of 
  3.3   first degree murder, the court shall conduct a separate 
  3.4   proceeding to determine whether the defendant should be 
  3.5   sentenced to death or to a sentence other than death as required 
  3.6   by law, unless the court imposes a sentence under subdivision 
  3.7   2.  The proceeding must be conducted before the court alone if 
  3.8   the defendant was convicted by a court sitting without a jury, 
  3.9   if the defendant pleaded guilty, or if the prosecuting attorney 
  3.10  and the defendant waive a jury with respect to sentencing.  In 
  3.11  other cases it must be conducted before the court sitting with 
  3.12  the jury that determined the defendant's guilt or, if the court 
  3.13  for good cause shown discharges that jury, with a new jury 
  3.14  impaneled for the purpose. 
  3.15     (b) In the proceeding, evidence may be presented about any 
  3.16  matter that the court considers relevant to sentence, including 
  3.17  the nature and circumstances of the crime, the defendant's 
  3.18  character, background, history, mental and physical condition, 
  3.19  and any of the aggravating or mitigating circumstances listed in 
  3.20  subdivisions 4 and 5.  Any evidence relevant to the sentence, 
  3.21  not legally privileged, that the court considers to have 
  3.22  probative force, may be received, regardless of its 
  3.23  admissibility under the exclusionary rules of evidence.  The 
  3.24  defendant's counsel must be given a fair opportunity to rebut 
  3.25  the evidence.  The prosecuting attorney and the defendant or 
  3.26  defendant's counsel must be permitted to present arguments for 
  3.27  or against a sentence of death.  
  3.28     Subd. 4.  [AGGRAVATING CIRCUMSTANCES.] (a) In this 
  3.29  subdivision, "involved in" means engaged in committing a crime 
  3.30  or attempting to commit a crime, acting as an accomplice in a 
  3.31  crime or an attempt at a crime, or fleeing after committing or 
  3.32  attempting to commit a crime. 
  3.33     (b) "Aggravating circumstances" are limited to the 
  3.34  following:  
  3.35     (1) the defendant was previously convicted of another 
  3.36  murder; 
  4.1      (2) at the time the murder was committed the defendant also 
  4.2   committed another murder; 
  4.3      (3) the defendant knowingly created a great risk of death 
  4.4   to many persons; 
  4.5      (4) the murder was committed for remuneration or the 
  4.6   promise of remuneration or the defendant employed another to 
  4.7   commit the murder for remuneration or the promise of 
  4.8   remuneration; 
  4.9      (5) the murder was especially heinous, atrocious, or cruel, 
  4.10  manifesting exceptional depravity.  For purposes of this clause, 
  4.11  the following definitions have the meanings given them:  
  4.12     (i) "especially cruel" means the crime is committed in an 
  4.13  "especially cruel" manner when the perpetrator inflicts mental 
  4.14  anguish or physical abuse before a victim's death; 
  4.15     (ii) "mental anguish" includes victims' uncertainty as to 
  4.16  their ultimate fate; 
  4.17     (iii) "especially depraved" means the crime is committed in 
  4.18  an "especially depraved" manner when the perpetrator relishes 
  4.19  the murder, evidencing debasement or perversion, or shows an 
  4.20  indifference to the suffering of the victim and evidences a 
  4.21  pleasure in the killing; 
  4.22     (6) by the murder, or circumstances surrounding its 
  4.23  commission, the defendant exhibited utter disregard for human 
  4.24  life.  For the purpose of this clause, "utter disregard" is 
  4.25  meant to be reflective of the cold-blooded, pitiless slayer who 
  4.26  kills without feeling or sympathy; 
  4.27     (7) the defendant, by prior conduct or conduct in the 
  4.28  commission of the murder at hand, has exhibited a propensity to 
  4.29  commit murder which will probably constitute a continuing threat 
  4.30  to society; 
  4.31     (8) the murder was committed against a witness or potential 
  4.32  witness in a criminal or civil legal proceeding because of the 
  4.33  proceeding; 
  4.34     (9) the victim of the murder was a public safety officer, 
  4.35  as defined in section 299A.41, subdivision 4; 
  4.36     (10) the victim was under the age of 12 years and had a 
  5.1   past history of physical or sexual abuse by the defendant, as 
  5.2   defined in section 626.556, subdivision 2; 
  5.3      (11) the defendant was being held in lawful custody at the 
  5.4   time of the murder; 
  5.5      (12) the murder was committed while the defendant was 
  5.6   involved in criminal sexual conduct in the first degree by force 
  5.7   or threat of force; 
  5.8      (13) the defendant intentionally killed the victim while 
  5.9   the defendant was involved in a major controlled substance 
  5.10  offense.  "Major controlled substance offense" means an offense 
  5.11  or series of offenses constituting a felony violation or 
  5.12  violations under chapter 152, related to trafficking in 
  5.13  controlled substances under circumstances more onerous than the 
  5.14  usual offense and including at least one of the following 
  5.15  circumstances: 
  5.16     (i) the offense involved an attempted or actual sale or 
  5.17  transfer of controlled substances in quantities substantially 
  5.18  larger than for personal use; 
  5.19     (ii) the defendant knowingly possessed a firearm during the 
  5.20  commission of the offense; 
  5.21     (iii) the circumstances of the offense reveal that the 
  5.22  defendant occupied a high position in the drug distribution 
  5.23  hierarchy; or 
  5.24     (iv) the offense involved a high degree of sophistication 
  5.25  or planning; or 
  5.26     (14) at the time of the murder the defendant had previously 
  5.27  been convicted of two or more state or federal offenses 
  5.28  punishable by a term of imprisonment of more than one year, 
  5.29  committed on different occasions, involving the distribution of 
  5.30  a controlled substance in violation of chapter 152.  
  5.31     Subd. 5.  [MITIGATING CIRCUMSTANCES.] "Mitigating 
  5.32  circumstances" include:  
  5.33     (1) the defendant has no significant history of prior 
  5.34  criminal activity; 
  5.35     (2) the murder was committed while the defendant was under 
  5.36  extreme mental or emotional disturbance, although not 
  6.1   sufficiently impaired as to constitute a defense to prosecution; 
  6.2      (3) the victim was a participant in the defendant's 
  6.3   homicidal conduct or consented to the homicidal act; 
  6.4      (4) the defendant acted on a threat of imminent infliction 
  6.5   of death or great bodily harm; 
  6.6      (5) at the time of the offense, the capacity of the 
  6.7   offender to appreciate the criminality of the conduct or to 
  6.8   conform that conduct to law was impaired as a result of mental 
  6.9   disease or defect or intoxication; or 
  6.10     (6) any other relevant mitigating circumstance. 
  6.11     Sec. 4.  [244A.04] [IMPOSITION OF DEATH SENTENCE; MODE OF 
  6.12  EXECUTION.] 
  6.13     Subdivision 1.  [DECISION.] (a) The court has discretion to 
  6.14  determine whether a sentence of death will be imposed, except 
  6.15  that when the proceeding is conducted before the court sitting 
  6.16  with a jury, the court may not impose a sentence of death unless 
  6.17  (1) it submits to the jury the issue whether the defendant 
  6.18  should be sentenced to death or to imprisonment, and (2) the 
  6.19  jury returns a verdict that the sentence should be death.  If 
  6.20  the jury is unable to reach a unanimous verdict, the court shall 
  6.21  dismiss the jury and impose a sentence other than death as 
  6.22  required by law.  
  6.23     (b) The court, in exercising its discretion as to sentence, 
  6.24  and the jury, in determining its verdict, shall take into 
  6.25  account the aggravating and mitigating circumstances listed in 
  6.26  section 244.03, subdivisions 4 and 5, and any other facts that 
  6.27  the court or jury considers relevant, but the court or jury may 
  6.28  not impose or recommend a sentence of death unless the court or 
  6.29  jury unanimously finds one of the aggravating circumstances 
  6.30  listed in section 244A.03, subdivision 4, and further 
  6.31  unanimously finds that there are no mitigating circumstances 
  6.32  sufficiently substantial to call for leniency.  
  6.33     (c) The burden of establishing the existence of an 
  6.34  aggravating circumstance is on the state and is not satisfied 
  6.35  unless established beyond a reasonable doubt.  The burden of 
  6.36  establishing the existence of a mitigating circumstance is on 
  7.1   the defendant and is not satisfied unless established by a 
  7.2   preponderance of the evidence. 
  7.3      (d) If the issue is submitted to the jury, the court shall 
  7.4   instruct the jury on the requirements of this subdivision.  At 
  7.5   that time, the court shall also inform the jury of the nature of 
  7.6   the sentence of imprisonment that may be imposed if the jury 
  7.7   verdict is against a sentence of death, including the 
  7.8   implications of the sentence for possible supervised release.  
  7.9   The court shall instruct the jury about the aggravating and 
  7.10  mitigating circumstances listed in section 244A.03.  The court 
  7.11  may provide the jury with a list of the aggravating and 
  7.12  mitigating circumstances about which the jury is instructed. 
  7.13     Subd. 2.  [IMPOSITION.] (a) If the proceeding is conducted 
  7.14  without a jury, the court shall sentence the defendant to death 
  7.15  when it:  
  7.16     (1) finds beyond a reasonable doubt that at least one 
  7.17  statutory aggravating circumstance exists; and 
  7.18     (2) finds that there are no mitigating circumstances 
  7.19  sufficiently substantial to call for leniency.  
  7.20     (b) When the proceeding is conducted before a jury, the 
  7.21  court shall sentence the defendant to death when the jury 
  7.22  unanimously:  
  7.23     (1) finds beyond a reasonable doubt that at least one 
  7.24  statutory aggravating circumstance exists; 
  7.25     (2) finds that there are no mitigating circumstances 
  7.26  sufficiently substantial to call for leniency; and 
  7.27     (3) recommends that the sentence of death be imposed.  
  7.28     (c) When the jury does not recommend a sentence of death, 
  7.29  the court shall sentence the defendant to imprisonment as 
  7.30  provided by law.  
  7.31     Subd. 3.  [SENTENCE OF DEATH PRECLUDED.] A sentence of 
  7.32  death may not be carried out upon a person who is under 18 years 
  7.33  of age at the time the crime was committed.  A sentence of death 
  7.34  may not be carried out upon a person who, by reason of a mental 
  7.35  disease or defect, is unable to understand the impending death 
  7.36  or the reasons for it.  A sentence of death may not be carried 
  8.1   out upon a person who is pregnant.  
  8.2      Subd. 4.  [EXECUTION BY LETHAL INJECTION.] When the court 
  8.3   sentences a defendant to death under subdivision 2, the order of 
  8.4   execution must be carried out by administration of a continuous, 
  8.5   intravenous injection of a lethal quantity of an 
  8.6   ultra-fast-acting barbiturate in combination with a chemical 
  8.7   paralytic agent until a licensed physician pronounces that the 
  8.8   defendant is dead according to accepted standards of medical 
  8.9   practice.  The execution by lethal injection must be performed 
  8.10  by a person selected by the chief executive officer of the 
  8.11  maximum security facility at which the execution will take place 
  8.12  and trained to administer the injection.  The person 
  8.13  administering the injection need not be a physician, registered 
  8.14  nurse, or licensed practical nurse licensed or registered under 
  8.15  the laws of this or another state.  
  8.16     Sec. 5.  [244A.05] [SENTENCING COURT; ADMINISTRATIVE 
  8.17  REQUIREMENTS.] 
  8.18     Subdivision 1.  [DATE OF EXECUTION.] In pronouncing a 
  8.19  sentence of death, the court shall set the date of execution not 
  8.20  less than 60 days nor more than 90 days from the date the 
  8.21  sentence is pronounced.  If execution has been stayed by a court 
  8.22  and the date set for execution has passed before dissolution of 
  8.23  the stay, the court in which the defendant was previously 
  8.24  sentenced shall, upon dissolution of the stay, set a new date of 
  8.25  execution not less than five nor more than 90 days from the day 
  8.26  the date is set.  The defendant is entitled to be present in 
  8.27  court on the day the new date of execution is set. 
  8.28     Subd. 2.  [COPIES OF ORDER OF EXECUTION.] When a person is 
  8.29  sentenced to death, the court administrator shall prepare 
  8.30  certified copies of the judgment and order of execution and send 
  8.31  these documents to the governor, defendant, defendant's counsel, 
  8.32  attorney general, chief justice of the supreme court, state 
  8.33  court administrator, and the state public defender's office 
  8.34  within five business days following entrance of the order of 
  8.35  execution. 
  8.36     Subd. 3.  [DELIVERY OF DEFENDANT TO MAXIMUM SECURITY 
  9.1   FACILITY.] Pending execution of a sentence of death, the sheriff 
  9.2   or other chief law enforcement officer who has custody of the 
  9.3   defendant may deliver the defendant to the maximum security 
  9.4   facility designated by the commissioner of corrections to be the 
  9.5   place where the execution is to be held.  The state shall bear 
  9.6   the costs of imprisoning the defendant from the date of delivery.
  9.7      Sec. 6.  [244A.06] [REVIEW OF DEATH SENTENCES BY SUPREME 
  9.8   COURT.] 
  9.9      Subdivision 1.  [AUTOMATIC REVIEW.] The judgment of 
  9.10  conviction and a sentence of death are subject to automatic 
  9.11  review by the supreme court within 60 days after certification 
  9.12  by the sentencing court of the entire record, unless the supreme 
  9.13  court extends the time, for good cause shown, for an additional 
  9.14  period not to exceed 30 days.  The review by the supreme court 
  9.15  has priority over all other cases and must be heard in 
  9.16  accordance with rules adopted by the supreme court. 
  9.17     Subd. 2.  [TRANSCRIPT.] The court administrator, within ten 
  9.18  days after receiving the transcript, shall transmit the entire 
  9.19  record and transcript to the supreme court together with a 
  9.20  notice prepared by the administrator and a report prepared by 
  9.21  the trial judge.  The notice must set forth the title and docket 
  9.22  number of the case, the name of the defendant, the name and 
  9.23  address of the defendant's attorney, a narrative statement of 
  9.24  the judgment, the offense, and the punishment prescribed.  The 
  9.25  report must be in the form of a standard questionnaire prepared 
  9.26  and supplied by the supreme court. 
  9.27     Subd. 3.  [REVIEW GUIDELINES.] Each sentence of death must 
  9.28  be reviewed by the supreme court to determine if it is 
  9.29  excessive.  In determining whether the sentence is excessive, 
  9.30  the supreme court shall determine whether the:  
  9.31     (1) sentence was imposed under the influence of passion, 
  9.32  prejudice, or other arbitrary factors; 
  9.33     (2) evidence supports the finding of a statutory 
  9.34  aggravating circumstance; and 
  9.35     (3) sentence is disproportionate to the penalty imposed in 
  9.36  similar cases, considering both the crime and the defendant.  
 10.1      Subd. 4.  [BRIEFS.] Both the defendant and the state have 
 10.2   the right to submit briefs within the time provided by the court 
 10.3   and to present oral argument to the court.  
 10.4      Subd. 5.  [DECISION.] The supreme court shall:  
 10.5      (1) affirm the sentence of death; or 
 10.6      (2) set the sentence aside and remand the case for 
 10.7   resentencing by the trial judge based on the record and argument 
 10.8   of counsel.  
 10.9      Subd. 6.  [NOTICE TO GOVERNOR.] Within five business days 
 10.10  after reaching a decision under subdivision 5, the supreme court 
 10.11  shall notify the governor whether the death sentence has been 
 10.12  affirmed or set aside. 
 10.13     Sec. 7.  [244A.07] [UNIFIED REVIEW PROCEDURE.] 
 10.14     Subdivision 1.  [PROCEDURE.] The supreme court shall 
 10.15  establish by rule a unified review procedure to provide for the 
 10.16  presentation to the sentencing court and to the supreme court of 
 10.17  all possible challenges to the trial, conviction, sentence, and 
 10.18  detention of defendants upon whom the sentence of death has been 
 10.19  or may be imposed.  The unified review procedure governs both 
 10.20  pretrial and posttrial appellate review of death penalty cases. 
 10.21     Subd. 2.  [CHECKLISTS.] The supreme court shall establish 
 10.22  by rule a series of checklists to be used by the trial court, 
 10.23  the prosecuting attorney, and defense counsel before, during, 
 10.24  and after the trial of cases in which the death penalty is 
 10.25  sought to make certain that all possible matters that could be 
 10.26  raised in defense have been considered by the defendant and 
 10.27  defense counsel and either asserted in a timely and correct 
 10.28  manner or waived in accordance with applicable legal 
 10.29  requirements, so that, for purposes of any pretrial review and 
 10.30  the trial and posttrial review, the record and transcript of 
 10.31  proceedings will be complete for a review by the sentencing 
 10.32  court and the supreme court of all possible challenges to the 
 10.33  trial, conviction, sentence, and detention of the defendant.  
 10.34     Subd. 3.  [WRIT OF HABEAS CORPUS.] Nothing in this section 
 10.35  or in the rules of the supreme court limits or restricts the 
 10.36  grounds of review or suspends the rights or remedies available 
 11.1   through the procedures governing the writ of habeas corpus. 
 11.2      Sec. 8.  [244A.08] [STAY OF EXECUTION OF DEATH.] 
 11.3      Subdivision 1.  [GOVERNOR OR APPEAL.] The execution of a 
 11.4   death sentence may be stayed only by the governor or incident to 
 11.5   an appeal.  
 11.6      Subd. 2.  [PROCEEDINGS WHEN INMATE UNDER SENTENCE OF DEATH 
 11.7   APPEARS TO BE MENTALLY ILL OR PREGNANT.] If the governor is 
 11.8   informed that an inmate under sentence of death may be mentally 
 11.9   ill or pregnant, the governor shall stay execution of the 
 11.10  sentence and require the sentencing court to order a mental or 
 11.11  physical examination of the inmate, as appropriate. 
 11.12     Subd. 3.  [EXAMINATION AND HEARING.] (a) If the court 
 11.13  orders a mental examination of the inmate, it shall appoint at 
 11.14  least one qualified psychiatrist, clinical psychologist, or 
 11.15  physician experienced in the field of mental illness to examine 
 11.16  the defendant and report on the defendant's mental condition.  
 11.17  If the inmate or prosecution has retained a qualified 
 11.18  psychiatrist, clinical psychologist, or physician experienced in 
 11.19  the field of mental illness, the court on request of the inmate 
 11.20  or prosecuting attorney shall direct that the psychiatrist, 
 11.21  clinical psychologist, or physician be permitted to observe the 
 11.22  mental examination and to conduct a mental examination of the 
 11.23  inmate.  
 11.24     (b) At the conclusion of the examination, the examiner 
 11.25  shall submit a written report to the court and send copies to 
 11.26  the prosecuting attorney and defense attorney.  The report must 
 11.27  contain a diagnosis of the inmate's mental condition and whether 
 11.28  the inmate has the mental capacity to understand the nature of 
 11.29  the death penalty and the reasons why it was imposed.  
 11.30     (c) If the court orders a physical examination, it shall 
 11.31  appoint a qualified physician to examine the inmate and report 
 11.32  on whether the inmate is pregnant.  
 11.33     (d) The hearing shall be scheduled so that the parties have 
 11.34  adequate time to prepare and present arguments regarding the 
 11.35  issue of mental illness or pregnancy.  The parties may submit 
 11.36  written arguments to the court before the date of the hearing 
 12.1   and may make oral arguments before the court at the sentencing 
 12.2   hearing.  Before the hearing, the court shall send to the 
 12.3   defendant or the defendant's attorney and the prosecuting 
 12.4   attorney copies of the mental or physical examination. 
 12.5      Subd. 4.  [MENTAL ILLNESS.] (a) If mental illness is the 
 12.6   issue and the court decides that the inmate has the mental 
 12.7   capacity to understand the nature of the death penalty and why 
 12.8   it was imposed, the court shall so inform the governor.  The 
 12.9   governor shall issue a warrant to the chief executive officer of 
 12.10  the maximum security facility where the execution is to be held 
 12.11  directing the officer to execute the sentence at a time 
 12.12  designated in the warrant. 
 12.13     (b) If the court decides that the inmate does not have the 
 12.14  mental capacity to understand the nature of the death penalty 
 12.15  and why it was imposed, the court shall so inform the governor.  
 12.16  The governor shall have the inmate committed to the St. Peter 
 12.17  Regional Treatment Center.  
 12.18     (c) A person under sentence of death who has been committed 
 12.19  to the St. Peter Regional Treatment Center shall be kept there 
 12.20  until the proper official of the hospital determines that the 
 12.21  person has been restored to mental health.  The hospital 
 12.22  official shall then notify the governor of the official's 
 12.23  determination, and the governor shall request the sentencing 
 12.24  court to proceed as provided in this section.  
 12.25     Subd. 5.  [PREGNANCY.] (a) If the court determines that the 
 12.26  inmate is not pregnant, the court shall so inform the governor.  
 12.27  The governor shall issue a warrant to the chief executive 
 12.28  officer of the maximum security facility where the execution is 
 12.29  to be held directing the chief executive officer to execute the 
 12.30  sentence at a time designated in the warrant.  
 12.31     (b) If the court determines that the inmate is pregnant, 
 12.32  the court shall so inform the governor.  The governor shall stay 
 12.33  execution of sentence during the pregnancy. 
 12.34     (c) If the court determines that an inmate whose execution 
 12.35  has been stayed because of pregnancy is no longer pregnant, the 
 12.36  court shall so inform the governor.  The governor shall issue a 
 13.1   warrant to the chief executive officer directing the chief 
 13.2   executive officer to execute the sentence at a time designated 
 13.3   in the warrant.  
 13.4      Subd. 6.  [FEE.] The court shall allow a reasonable fee to 
 13.5   the physician appointed under this section that must be paid by 
 13.6   the state.  
 13.7      Sec. 9.  [244A.09] [GOVERNOR'S DUTIES; ISSUANCE OF DEATH 
 13.8   WARRANT.] 
 13.9      When notified by the supreme court under section 6 that a 
 13.10  death sentence has been upheld, the governor shall issue a death 
 13.11  warrant, attach it to a copy of the record, including the trial 
 13.12  court's order of execution and the supreme court's affirming 
 13.13  opinion, and send it to the chief executive officer of the 
 13.14  maximum security facility where the inmate under sentence of 
 13.15  death is being held.  The warrant must direct that officer to 
 13.16  execute the sentence at a time designated in the warrant.  When 
 13.17  notified by the supreme court under section 6 that a death 
 13.18  sentence has been set aside, the governor shall order the 
 13.19  commissioner of corrections to remove the inmate under sentence 
 13.20  of death from the unit where inmates under sentence of death are 
 13.21  confined and reassign the inmate consistent with the supreme 
 13.22  court's opinion.  
 13.23     Sec. 10.  [244A.10] [COMMISSIONER OF CORRECTIONS; DUTIES; 
 13.24  DESIGNATION OF PLACE OF EXECUTION.] 
 13.25     Subdivision 1.  [MAXIMUM SECURITY FACILITIES.] The 
 13.26  commissioner of corrections shall designate one or more maximum 
 13.27  security facilities at which executions of inmates under death 
 13.28  sentence will take place.  In each maximum security facility 
 13.29  designated as a place where executions will take place, the 
 13.30  commissioner shall establish and maintain a unit for the 
 13.31  segregated confinement of inmates under sentence of death.  
 13.32     Subd. 2.  [PLACE OF EXECUTION.] The chief executive officer 
 13.33  of a maximum security facility where executions will take place 
 13.34  shall provide a suitable and efficient room or place in which 
 13.35  executions will be carried out, enclosed from public view, and 
 13.36  all implements necessary to executions.  The chief executive 
 14.1   officer shall select the person to perform executions and the 
 14.2   chief executive officer or the officer's designee shall 
 14.3   supervise the execution.  
 14.4      Subd. 3.  [EXECUTIONER'S IDENTITY; PRIVATE DATA.] 
 14.5   Information relating to the identity and compensation of the 
 14.6   executioner is private data as defined in section 13.02, 
 14.7   subdivision 12.  The chief executive officer of the maximum 
 14.8   security facility is not required to record the name of an 
 14.9   individual acting as an executioner or any information that 
 14.10  could identify that individual.  
 14.11     Subd. 4.  [REGULATION OF EXECUTION.] The chief executive 
 14.12  officer of the maximum security facility holding an execution or 
 14.13  a deputy designated by that officer must be present at the 
 14.14  execution.  The chief executive officer shall set the day for 
 14.15  execution within the week designated by the governor in the 
 14.16  warrant.  
 14.17     Subd. 5.  [WITNESS TO EXECUTION.] Twelve citizens selected 
 14.18  by the chief executive officer must witness the execution.  The 
 14.19  chief executive officer shall select six representatives of the 
 14.20  news media to witness the execution.  Counsel for the inmate 
 14.21  under sentence of death and members of the clergy requested by 
 14.22  the inmate may be present at the execution.  All other persons, 
 14.23  except correctional facility officers and the executioner, must 
 14.24  be excluded during the execution. 
 14.25     Subd. 6.  [READING DEATH WARRANT.] The warrant authorizing 
 14.26  the execution must be read to the convicted person immediately 
 14.27  before death.  
 14.28     Subd. 7.  [RETURN OF WARRANT OF EXECUTION ISSUED BY 
 14.29  GOVERNOR.] After the death sentence has been executed, the chief 
 14.30  executive officer of the maximum security facility where the 
 14.31  execution took place shall return to the governor the warrant 
 14.32  and a signed statement of the execution.  The chief executive 
 14.33  officer shall file an attested copy of the warrant and statement 
 14.34  with the court administrator that imposed the sentence.  
 14.35     Subd. 8.  [SENTENCE OF DEATH UNEXECUTED FOR UNJUSTIFIABLE 
 14.36  REASONS.] If a death sentence is not executed because of 
 15.1   unjustified failure of the governor to issue a warrant or for 
 15.2   any other unjustifiable reason, on application of the attorney 
 15.3   general, the supreme court shall issue a warrant directing the 
 15.4   sentence to be executed during a week designated in the warrant. 
 15.5      Subd. 9.  [RETURN OF WARRANT OF EXECUTION ISSUED BY SUPREME 
 15.6   COURT.] After the sentence has been executed under a warrant 
 15.7   issued by the supreme court, the chief executive officer shall 
 15.8   return to the supreme court the warrant and a signed statement 
 15.9   of the execution.  The chief executive officer shall file an 
 15.10  attested copy of the warrant and statement with the court 
 15.11  administrator that imposed the sentence.  The chief executive 
 15.12  officer shall send to the governor an attested copy of the 
 15.13  warrant and statement. 
 15.14     Sec. 11.  [244A.11] [COSTS OF EXECUTION; REIMBURSEMENT; 
 15.15  ATTORNEY GENERAL ASSISTANCE.] 
 15.16     Subdivision 1.  [COSTS.] The state shall reimburse a county 
 15.17  for all costs incurred for prosecution of a case involving the 
 15.18  death penalty if the crimes for which the defendant is on trial 
 15.19  occurred in that county.  In a case involving the death penalty, 
 15.20  if crimes for which the defendant is on trial occurred in more 
 15.21  than one county, the state shall reimburse the county 
 15.22  prosecuting the case for one-half of all costs incurred for 
 15.23  prosecution. 
 15.24     Subd. 2.  [ATTORNEY GENERAL ASSISTANCE.] The attorney 
 15.25  general shall assist in the prosecution of cases involving the 
 15.26  death penalty if requested to do so by the county prosecuting 
 15.27  attorney. 
 15.28     Sec. 12.  [APPROPRIATION.] 
 15.29     $....... is appropriated from the general fund to the 
 15.30  commissioner of corrections to implement sections 1 to 11 to be 
 15.31  available until June 30, 2003.  
 15.32     Sec. 13.  [EFFECTIVE DATE.] 
 15.33     Sections 1 to 11 are effective August 1, 2001, and apply to 
 15.34  crimes committed on or after that date. 
 15.35                             ARTICLE 2 
 15.36                        TECHNICAL AMENDMENTS 
 16.1      Section 1.  Minnesota Statutes 2000, section 243.05, 
 16.2   subdivision 1, is amended to read: 
 16.3      Subdivision 1.  [CONDITIONAL RELEASE.] (a) Except for a 
 16.4   person sentenced to death under article 1, section 4, the 
 16.5   commissioner of corrections may parole any person sentenced to 
 16.6   confinement in any state correctional facility for adults under 
 16.7   the control of the commissioner of corrections, provided that:  
 16.8      (1) no inmate serving a life sentence for committing murder 
 16.9   before May 1, 1980, other than murder committed in violation of 
 16.10  clause (1) of section 609.185 who has not been previously 
 16.11  convicted of a felony shall be paroled without having served 20 
 16.12  years, less the diminution that would have been allowed for good 
 16.13  conduct had the sentence been for 20 years; 
 16.14     (2) no inmate serving a life sentence for committing murder 
 16.15  before May 1, 1980, who has been previously convicted of a 
 16.16  felony or though not previously convicted of a felony is serving 
 16.17  a life sentence for murder in the first degree committed in 
 16.18  violation of clause (1) of section 609.185 shall be paroled 
 16.19  without having served 25 years, less the diminution which would 
 16.20  have been allowed for good conduct had the sentence been for 25 
 16.21  years; 
 16.22     (3) any inmate sentenced prior to September 1, 1963, who 
 16.23  would be eligible for parole had the inmate been sentenced after 
 16.24  September 1, 1963, shall be eligible for parole; and 
 16.25     (4) any new rule or policy or change of rule or policy 
 16.26  adopted by the commissioner of corrections which has the effect 
 16.27  of postponing eligibility for parole has prospective effect only 
 16.28  and applies only with respect to persons committing offenses 
 16.29  after the effective date of the new rule or policy or change.  
 16.30     (b) Upon being paroled and released, an inmate is and 
 16.31  remains in the legal custody and under the control of the 
 16.32  commissioner, subject at any time to be returned to a facility 
 16.33  of the department of corrections established by law for the 
 16.34  confinement or treatment of convicted persons and the parole 
 16.35  rescinded by the commissioner.  
 16.36     (c) The written order of the commissioner of corrections, 
 17.1   is sufficient authority for any peace officer, state 
 17.2   correctional investigator, or state parole and probation agent 
 17.3   to retake and place in actual custody any person on parole or 
 17.4   supervised release.  In addition, when it appears necessary in 
 17.5   order to prevent escape or enforce discipline, any state parole 
 17.6   and probation agent or state correctional investigator may, 
 17.7   without order of warrant, take and detain a parolee or person on 
 17.8   supervised release or work release and bring the person to the 
 17.9   commissioner for action.  
 17.10     (d) The written order of the commissioner of corrections is 
 17.11  sufficient authority for any peace officer, state correctional 
 17.12  investigator, or state parole and probation agent to retake and 
 17.13  place in actual custody any person on probation under the 
 17.14  supervision of the commissioner pursuant to section 609.135.  
 17.15  Additionally, when it appears necessary in order to prevent 
 17.16  escape or enforce discipline, any state parole and probation 
 17.17  agent or state correctional investigator may, without an order, 
 17.18  retake and detain a probationer and bring the probationer before 
 17.19  the court for further proceedings under section 609.14.  
 17.20     (e) The written order of the commissioner of corrections is 
 17.21  sufficient authority for any peace officer, state correctional 
 17.22  investigator, or state parole and probation agent to detain any 
 17.23  person on pretrial release who absconds from pretrial release or 
 17.24  fails to abide by the conditions of pretrial release.  
 17.25     (f) Persons conditionally released, and those on probation 
 17.26  under the supervision of the commissioner of corrections 
 17.27  pursuant to section 609.135 may be placed within or outside the 
 17.28  boundaries of the state at the discretion of the commissioner of 
 17.29  corrections or the court, and the limits fixed for these persons 
 17.30  may be enlarged or reduced according to their conduct. 
 17.31     (g) Except as otherwise provided in subdivision 1b, in 
 17.32  considering applications for conditional release or discharge, 
 17.33  the commissioner is not required to hear oral argument from any 
 17.34  attorney or other person not connected with an adult 
 17.35  correctional facility of the department of corrections in favor 
 17.36  of or against the parole or release of any inmates.  The 
 18.1   commissioner may institute inquiries by correspondence, taking 
 18.2   testimony, or otherwise, as to the previous history, physical or 
 18.3   mental condition, and character of the inmate and, to that end, 
 18.4   has the authority to require the attendance of the chief 
 18.5   executive officer of any state adult correctional facility and 
 18.6   the production of the records of these facilities, and to compel 
 18.7   the attendance of witnesses.  The commissioner is authorized to 
 18.8   administer oaths to witnesses for these purposes. 
 18.9      (h) Unless the district court directs otherwise, state 
 18.10  parole and probation agents may require a person who is under 
 18.11  the supervision of the commissioner of corrections to perform 
 18.12  community work service for violating a condition of probation 
 18.13  imposed by the court.  Community work service may be imposed for 
 18.14  the purpose of protecting the public, to aid the offender's 
 18.15  rehabilitation, or both.  Agents may impose up to eight hours of 
 18.16  community work service for each violation and up to a total of 
 18.17  24 hours per offender per 12-month period, beginning with the 
 18.18  date on which community work service is first imposed.  The 
 18.19  commissioner may authorize an additional 40 hours of community 
 18.20  work services, for a total of 64 hours per offender per 12-month 
 18.21  period, beginning with the date on which community work service 
 18.22  is first imposed.  At the time community work service is 
 18.23  imposed, parole and probation agents are required to provide 
 18.24  written notice to the offender that states: 
 18.25     (1) the condition of probation that has been violated; 
 18.26     (2) the number of hours of community work service imposed 
 18.27  for the violation; and 
 18.28     (3) the total number of hours of community work service 
 18.29  imposed to date in the 12-month period. 
 18.30     An offender may challenge the imposition of community work 
 18.31  service by filing a petition in district court.  An offender 
 18.32  must file the petition within five days of receiving written 
 18.33  notice that community work service is being imposed.  If the 
 18.34  offender challenges the imposition of community work service, 
 18.35  the state bears the burden of showing, by a preponderance of the 
 18.36  evidence, that the imposition of community work service is 
 19.1   reasonable under the circumstances.  
 19.2      Community work service includes sentencing to service.  
 19.3      Sec. 2.  Minnesota Statutes 2000, section 609.10, 
 19.4   subdivision 1, is amended to read: 
 19.5      Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
 19.6   felony and compliance with the other provisions of this 
 19.7   chapter and chapter 244A the court, if it imposes sentence, may 
 19.8   sentence the defendant to the extent authorized by law as 
 19.9   follows: 
 19.10     (1) to death; or 
 19.11     (2) to life imprisonment; or 
 19.12     (2) (3) to imprisonment for a fixed term of years set by 
 19.13  the court; or 
 19.14     (3) (4) to both imprisonment for a fixed term of years and 
 19.15  payment of a fine; or 
 19.16     (4) (5) to payment of a fine without imprisonment or to 
 19.17  imprisonment for a fixed term of years if the fine is not paid; 
 19.18  or 
 19.19     (5) (6) to payment of court-ordered restitution in addition 
 19.20  to either imprisonment or payment of a fine, or both; or 
 19.21     (6) (7) to payment of a local correctional fee as 
 19.22  authorized under section 609.102 in addition to any other 
 19.23  sentence imposed by the court. 
 19.24     Sec. 3.  Minnesota Statutes 2000, section 609.12, 
 19.25  subdivision 1, is amended to read: 
 19.26     Subdivision 1.  [DISCHARGE.] A person sentenced to the 
 19.27  commissioner of corrections for imprisonment for a period less 
 19.28  than life may be paroled or discharged at any time without 
 19.29  regard to length of the term of imprisonment which the sentence 
 19.30  imposes when in the judgment of the commissioner of corrections, 
 19.31  and under the conditions the commissioner imposes, the granting 
 19.32  of parole or discharge would be most conducive to rehabilitation 
 19.33  and would be in the public interest.  A person sentenced to 
 19.34  death is not eligible for supervised release or discharge at any 
 19.35  time.  
 19.36     Sec. 4.  Minnesota Statutes 2000, section 609.135, 
 20.1   subdivision 1, is amended to read: 
 20.2      Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
 20.3   sentence of death has been imposed under chapter 244A, a life 
 20.4   imprisonment sentence is required by law, or when a mandatory 
 20.5   minimum sentence is required by section 609.11, any court may 
 20.6   stay imposition or execution of sentence and: 
 20.7      (1) may order intermediate sanctions without placing the 
 20.8   defendant on probation; or 
 20.9      (2) may place the defendant on probation with or without 
 20.10  supervision and on the terms the court prescribes, including 
 20.11  intermediate sanctions when practicable.  The court may order 
 20.12  the supervision to be under the probation officer of the court, 
 20.13  or, if there is none and the conviction is for a felony or gross 
 20.14  misdemeanor, by the commissioner of corrections, or in any case 
 20.15  by some other suitable and consenting person.  Unless the court 
 20.16  directs otherwise, state parole and probation agents and 
 20.17  probation officers may impose community work service for an 
 20.18  offender's probation violation, consistent with section 243.05, 
 20.19  subdivision 1; 244.19, subdivision 3a; or 401.02, subdivision 5. 
 20.20     No intermediate sanction may be ordered performed at a 
 20.21  location that fails to observe applicable requirements or 
 20.22  standards of chapter 181A or 182, or any rule promulgated under 
 20.23  them.  
 20.24     (b) For purposes of this subdivision, subdivision 6, and 
 20.25  section 609.14, the term "intermediate sanctions" includes but 
 20.26  is not limited to incarceration in a local jail or workhouse, 
 20.27  home detention, electronic monitoring, intensive probation, 
 20.28  sentencing to service, reporting to a day reporting center, 
 20.29  chemical dependency or mental health treatment or counseling, 
 20.30  restitution, fines, day-fines, community work service, work 
 20.31  service in a restorative justice program, work in lieu of or to 
 20.32  work off fines and, with the victim's consent, work in lieu of 
 20.33  or to work off restitution.  
 20.34     (c) A court may not stay the revocation of the driver's 
 20.35  license of a person convicted of violating the provisions of 
 20.36  section 169A.20. 
 21.1      Sec. 5.  Minnesota Statutes 2000, section 609.185, is 
 21.2   amended to read: 
 21.3      609.185 [MURDER IN THE FIRST DEGREE.] 
 21.4      Whoever does any of the following is guilty of murder in 
 21.5   the first degree and, unless sentenced to death under article 1, 
 21.6   section 4, shall be sentenced to imprisonment for life: 
 21.7      (1) causes the death of a human being with premeditation 
 21.8   and with intent to effect the death of the person or of another; 
 21.9      (2) causes the death of a human being while committing or 
 21.10  attempting to commit criminal sexual conduct in the first or 
 21.11  second degree with force or violence, either upon or affecting 
 21.12  the person or another; 
 21.13     (3) causes the death of a human being with intent to effect 
 21.14  the death of the person or another, while committing or 
 21.15  attempting to commit burglary, aggravated robbery, kidnapping, 
 21.16  arson in the first or second degree, a drive-by shooting, 
 21.17  tampering with a witness in the first degree, escape from 
 21.18  custody, or any felony violation of chapter 152 involving the 
 21.19  unlawful sale of a controlled substance; 
 21.20     (4) causes the death of a peace officer or a guard employed 
 21.21  at a Minnesota state or local correctional facility, with intent 
 21.22  to effect the death of that person or another, while the peace 
 21.23  officer or guard is engaged in the performance of official 
 21.24  duties; 
 21.25     (5) causes the death of a minor while committing child 
 21.26  abuse, when the perpetrator has engaged in a past pattern of 
 21.27  child abuse upon the child and the death occurs under 
 21.28  circumstances manifesting an extreme indifference to human life; 
 21.29  or 
 21.30     (6) causes the death of a human being while committing 
 21.31  domestic abuse, when the perpetrator has engaged in a past 
 21.32  pattern of domestic abuse upon the victim or upon another family 
 21.33  or household member and the death occurs under circumstances 
 21.34  manifesting an extreme indifference to human life. 
 21.35     For purposes of clause (5), "child abuse" means an act 
 21.36  committed against a minor victim that constitutes a violation of 
 22.1   the following laws of this state or any similar laws of the 
 22.2   United States or any other state:  section 609.221; 609.222; 
 22.3   609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
 22.4   609.377; 609.378; or 609.713. 
 22.5      For purposes of clause (6), "domestic abuse" means an act 
 22.6   that: 
 22.7      (1) constitutes a violation of section 609.221, 609.222, 
 22.8   609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 22.9   609.713, or any similar laws of the United States or any other 
 22.10  state; and 
 22.11     (2) is committed against the victim who is a family or 
 22.12  household member as defined in section 518B.01, subdivision 2, 
 22.13  paragraph (b). 
 22.14     Sec. 6.  [EFFECTIVE DATE.] 
 22.15     Sections 1 to 5 are effective August 1, 2001, and apply to 
 22.16  crimes committed on or after that date.