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HF 1864

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/12/2020 03:53pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/28/2019
1st Engrossment Posted on 03/12/2020

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; authorizing presentence investigation reports to include
information related to brain injury; amending Minnesota Statutes 2018, section
609.115, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 609.115, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Traumatic brain injury. new text end

new text begin (a) When a defendant appears in court and is
convicted of a felony, the court shall inquire whether the defendant has a history of stroke,
traumatic brain injury, or fetal alcohol spectrum disorder.
new text end

new text begin (b) If the defendant has a history of stroke, traumatic brain injury, or fetal alcohol
spectrum disorder and the court believes that the offender may have a mental impairment
that caused the offender to lack substantial capacity for judgment when the offense was
committed, the court shall order that the offender undergo a neuropsychological examination
unless the offender has had a recent examination as described in paragraph (c). The report
prepared under subdivision 1 shall contain the results of the examination ordered by the
court or the recent examination and the officer preparing the report may consult with any
medical provider, mental health professional, or other agency or person with suitable
knowledge or experience for the purpose of providing the court with information regarding
treatment and case management options available to the defendant.
new text end

new text begin (c) An updated neuropsychological examination is not required under this subdivision
if:
new text end

new text begin (1) the person had a previous examination when the person was at least 25 years of age;
new text end

new text begin (2) the examination took place at least 18 months after the person's most recent stroke
or traumatic brain injury; and
new text end

new text begin (3) the examination took place within the previous three years.
new text end

new text begin (d) At sentencing, the court may consider any relevant information including but not
limited to the information provided pursuant to paragraph (b) and the recommendations of
any diagnosing or treating medical providers or mental health professionals to determine
whether the offender, because of mental impairment resulting from a stroke, traumatic brain
injury, or fetal alcohol spectrum disorder, lacked substantial capacity for judgment when
the offense was committed.
new text end