HF 3649

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/04/2024 04:32pm

A bill for an act
relating to public safety; specifying that restitution can include costs to support a
minor child whose parent or custodian is incapacitated or killed; amending
Minnesota Statutes 2023 Supplement, section 611A.04, subdivision 1.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 611A.04, subdivision 1, is
amended to read:

Subdivision 1.

Request; decision.

(a) A victim of a crime has the right to receive
restitution as part of the disposition of a criminal charge or juvenile delinquency proceeding
against the offender if the offender is convicted or found delinquent. The court, or a person
or agency designated by the court, shall request information from the victim to determine
the amount of restitution owed. The court or its designee shall obtain the information from
the victim in affidavit form or by other competent evidence. Information submitted relating
to restitution must describe the items or elements of loss, itemize the total dollar amounts
of restitution claimed, and specify the reasons justifying these amounts, if restitution is in
the form of money or property. A request for restitution may include, but is not limited to,
any out-of-pocket losses resulting from the crime, including medical and therapy costs,
replacement of wages and services, expenses incurred to return a child who was a victim
of a crime under section 609.26 to the child's parents or lawful custodian, and funeral
expenses. new text begin A request for restitution may also include costs for the support of a minor child
arising from a crime that caused death of the minor child's parent or lawful custodian or
made the minor's parent or lawful custodian incapable of normal activity, including the
reasonably anticipated loss of financial contribution, increase in child care expenses, or
change in health care coverage as defined in section 518A.41, subdivision 1, paragraph (a). new text end
An actual or prospective civil action involving the alleged crime shall not be used by the
court as a basis to deny a victim's right to obtain court-ordered restitution under this section.
In order to be considered at the sentencing or dispositional hearing, all information regarding
restitution must be received by the court administrator of the appropriate court at least three
business days before the sentencing or dispositional hearing. The court administrator shall
provide copies of this request to the prosecutor and the offender or the offender's attorney
at least 24 hours before the sentencing or dispositional hearing. The issue of restitution is
reserved or the sentencing or dispositional hearing or hearing on the restitution request may
be continued if the victim's affidavit or other competent evidence submitted by the victim
is not received in time. At the sentencing or dispositional hearing, the court shall give the
offender an opportunity to respond to specific items of restitution and their dollar amounts
in accordance with the procedures established in section 611A.045, subdivision 3.

(b) The court may amend or issue an order of restitution after the sentencing or
dispositional hearing if:

(1) the offender is on probation, committed to the commissioner of corrections, or on
supervised release;

(2) sufficient evidence of a right to restitution has been submitted; and

(3) the true extent of the victim's loss or the loss of the Crime Victims Reimbursement
Board was not known at the time of the sentencing or dispositional hearing, or hearing on
the restitution request.

If the court holds a hearing on the restitution request, the court must notify the offender,
the offender's attorney, the victim, the prosecutor, and the Crime Victims Reimbursement
Board at least five business days before the hearing. The court's restitution decision is
governed by this section and section 611A.045.

(c) The court shall grant or deny restitution or partial restitution and shall state on the
record its reasons for its decision on restitution if information relating to restitution has been
presented. If the court grants partial restitution it shall also specify the full amount of
restitution that may be docketed as a civil judgment under subdivision 3. The court may not
require that the victim waive or otherwise forfeit any rights or causes of action as a condition
of granting restitution or partial restitution. In the case of a defendant who is on probation,
the court may not refuse to enforce an order for restitution solely on the grounds that the
order has been docketed as a civil judgment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to restitution
ordered on or after that date.
new text end