HF 2386

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/02/2014 11:35am

A bill for an act
relating to judiciary; modifying filing of petition for relief from conviction;
modifying notice to offender for restitution; amending Minnesota Statutes 2012,
sections 590.02, subdivision 3; 611A.045, subdivision 3.

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

Section 1.

Minnesota Statutes 2012, section 590.02, subdivision 3, is amended to read:

Subd. 3.

Filing.

When a petition is filed pursuant to section 590.01 it shall be deleted text begin filed
with an original and three copies, each verified deleted text end new text begin signed new text end by the petitioner or signed by the
petitioner's attorney new text begin with proof of service on the attorney general and county attorney new text end .
It shall be addressed to the district court of the judicial district in the county where the
conviction took place.

In those cases in which the petitioner is represented by counsel or in which the
petitioner has filed a written waiver of right to counsel, the court administrator of the district
court deleted text begin shall deliver a copy of the petition to the county attorney and to the attorney general
and deleted text end shall immediately direct attention of the filing thereof to the chief judge or judge acting
in the chief judge's behalf who shall promptly assign the matter to a judge in said district.

Sec. 2.

Minnesota Statutes 2012, section 611A.045, subdivision 3, is amended to read:

Subd. 3.

Dispute; evidentiary burden; procedures.

(a) At the sentencing,
dispositional hearing, or hearing on the restitution request, the offender shall have the
burden to produce evidence if the offender intends to challenge the amount of restitution
or specific items of restitution or their dollar amounts. This burden of production must
include a detailed sworn affidavit of the offender setting forth all challenges to the
restitution or items of restitution, and specifying all reasons justifying dollar amounts of
restitution which differ from the amounts requested by the victim or victims. The affidavit
must be served on the prosecuting attorney and the court at least five business days before
the hearing. A dispute as to the proper amount or type of restitution must be resolved
by the court by the preponderance of the evidence. The burden of demonstrating the
amount of loss sustained by a victim as a result of the offense and the appropriateness of a
particular type of restitution is on the prosecution.

(b) An offender may challenge restitution, but must do so by requesting a hearing
within 30 days of receiving written notification of the amount of restitution requested,
or within 30 days of sentencing, whichever is later. deleted text begin Notice to the offender's attorney is
deemed notice to the offender. deleted text end The hearing request must be made in writing and filed
with the court administrator. A defendant may not challenge restitution after the 30-day
time period has passed.