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HF 833

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

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act
  1.2             relating to criminal procedure; permitting limited 
  1.3             rebuttal and surrebuttal closing arguments in criminal 
  1.4             cases; amending Minnesota Statutes 1998, section 
  1.5             631.07. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 631.07, is 
  1.8   amended to read: 
  1.9      631.07 [ORDER OF FINAL ARGUMENT.] 
  1.10     When the giving of evidence is concluded in a criminal 
  1.11  trial, unless the case is submitted on both sides without 
  1.12  argument, the prosecution may make a closing argument to the 
  1.13  jury.  The defense may then make its closing argument to the 
  1.14  jury.  The court shall permit the prosecution to reply in 
  1.15  rebuttal, which shall be limited to a response to any 
  1.16  misstatement of law or fact or a statement that is inflammatory 
  1.17  or prejudicial made by the defense in its closing argument.  The 
  1.18  prosecution may then reply in rebuttal to the issues raised in 
  1.19  the defense's argument, limited in time to five minutes.  If the 
  1.20  prosecution replies in rebuttal, the defense may then reply in 
  1.21  surrebuttal to the issues raised in the prosecution's rebuttal, 
  1.22  limited in time to five minutes. 
  1.23     Sec. 2.  [RULE SUPERSEDED.] 
  1.24     Minnesota Rules of Criminal Procedure, rule 26.03, 
  1.25  subdivision 11, is superseded to the extent it conflicts with 
  2.1   section 1. 
  2.2      Sec. 3.  [EFFECTIVE DATE.] 
  2.3      Sections 1 and 2 are effective August 1, 1999, and apply to 
  2.4   proceedings conducted on or after that date.