HF 733

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; limiting the time period during 
  1.3             which a defendant may challenge a restitution request; 
  1.4             amending Minnesota Statutes 1998, section 611A.045, 
  1.5             subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 611A.045, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [DISPUTE; EVIDENTIARY BURDEN; PROCEDURES.] (a) At 
  1.10  the sentencing, dispositional hearing, or hearing on the 
  1.11  restitution request, the offender shall have the burden to 
  1.12  produce evidence if the offender intends to challenge the amount 
  1.13  of restitution or specific items of restitution or their dollar 
  1.14  amounts.  This burden of production must include a detailed 
  1.15  sworn affidavit of the offender setting forth all challenges to 
  1.16  the restitution or items of restitution, and specifying all 
  1.17  reasons justifying dollar amounts of restitution which differ 
  1.18  from the amounts requested by the victim or victims.  The 
  1.19  affidavit must be served on the prosecuting attorney and the 
  1.20  court at least five business days before the hearing.  A dispute 
  1.21  as to the proper amount or type of restitution must be resolved 
  1.22  by the court by the preponderance of the evidence.  The burden 
  1.23  of demonstrating the amount of loss sustained by a victim as a 
  1.24  result of the offense and the appropriateness of a particular 
  1.25  type of restitution is on the prosecution.  
  2.1      (b) An offender may challenge restitution, but must do so 
  2.2   by requesting a hearing within 30 days of receiving notification 
  2.3   of the amount of restitution requested, or within 30 days of 
  2.4   sentencing, whichever is later.  Notice to the offender's 
  2.5   attorney is deemed notice to the offender.  The hearing request 
  2.6   must be made in writing and filed with the court administrator.  
  2.7   A defendant may not challenge restitution after the 30-day time 
  2.8   period has passed. 
  2.9      Sec. 2.  [EFFECTIVE DATE.] 
  2.10     Section 1 is effective August 1, 1999, and applies to 
  2.11  crimes committed on or after that date.