HF 4019

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 12:21pm

A bill for an act
relating to public safety; ensuring that victim-identifying supporting documentation
submitted by medical service provider to sexual assault exam payment program
is classified private data; providing consistent definition of crime victim in statutes;
excluding voluntary donation or gift as a collateral source for crime victim
reimbursement; amending Minnesota Statutes 2022, sections 243.05, subdivision
1b; 253B.18, subdivision 5a; 253D.14, subdivision 1; 611A.73, subdivision 4;
629.72, subdivisions 1, 7; 629.725; 629.73, subdivision 1, by adding a subdivision;
Minnesota Statutes 2023 Supplement, sections 609.35; 611A.039, subdivision 1;
611A.52, subdivision 5.

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

Section 1.

Minnesota Statutes 2022, section 243.05, subdivision 1b, is amended to read:

Subd. 1b.

Victim's rights.

(a) This subdivision applies to parole decisions relating to
inmates convicted of first-degree murder who are described in subdivision 1, clauses (a)
and (b). As used in this subdivision, "victim" deleted text begin means the murder victim's surviving spouse
or next of kin deleted text end new text begin has the meaning given in section 611A.01, paragraph (b) new text end .

(b) The commissioner shall make reasonable efforts to notify the victim, in advance, of
the time and place of the inmate's parole review hearing. The victim has a right to submit
an oral or written statement at the review hearing. The statement may summarize the harm
suffered by the victim as a result of the crime and give the victim's recommendation on
whether the inmate should be paroled at that time. The commissioner must consider the
victim's statement when making the parole decision.

Sec. 2.

Minnesota Statutes 2022, section 253B.18, subdivision 5a, is amended to read:

Subd. 5a.

Victim notification of petition and release; right to submit statement.

(a)
As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes
criminal sexual conduct in the fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in
section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually
motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime the
behavior for which forms the basis for a commitment under this section or chapter 253D new text begin ,
and includes the family members, guardian, conservator, or custodian of a minor,
incompetent, incapacitated, or deceased person new text end ; and

(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision
5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal
Procedure, rule 20.02, that the elements of a crime have been proved, and findings in
commitment cases under this section or chapter 253D that an act or acts constituting a crime
occurred or were part of their course of harmful sexual conduct.

(b) A county attorney who files a petition to commit a person under this section or chapter
253D shall make a reasonable effort to provide prompt notice of filing the petition to any
victim of a crime for which the person was convicted. In addition, the county attorney shall
make a reasonable effort to promptly notify the victim of the resolution of the petition and
the process for requesting notification of an individual's change in status as provided in
paragraph (c).

(c) A victim may request notification of an individual's discharge or release as provided
in paragraph (d) by submitting a written request for notification to the executive director of
the facility in which the individual is confined. The Department of Corrections or a county
attorney who receives a request for notification from a victim under this section shall
promptly forward the request to the executive director of the treatment facility in which the
individual is confined.

(d) Before provisionally discharging, discharging, granting pass-eligible status, approving
a pass plan, or otherwise permanently or temporarily releasing a person committed under
this section from a state-operated treatment program or treatment facility, the head of the
state-operated treatment program or head of the treatment facility shall make a reasonable
effort to notify any victim of a crime for which the person was convicted that the person
may be discharged or released and that the victim has a right to submit a written statement
regarding decisions of the medical director, special review board, or commissioner with
respect to the person. To the extent possible, the notice must be provided at least 14 days
before any special review board hearing or before a determination on a pass plan.
Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial
appeal panel with victim information in order to comply with the provisions of this section.
The judicial appeal panel shall ensure that the data on victims remains private as provided
for in section 611A.06, subdivision 4. These notices shall only be provided to victims who
have submitted a written request for notification as provided in paragraph (c).

(e) The rights under this subdivision are in addition to rights available to a victim under
chapter 611A. This provision does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.

Sec. 3.

Minnesota Statutes 2022, section 253D.14, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes
criminal sexual conduct in the fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in
section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually
motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime, the
behavior for which forms the basis for a commitment under this chapter new text begin , and includes the
family members, guardian, conservator, or custodian of a minor, incompetent, incapacitated,
or deceased person new text end ; and

(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision
5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal
Procedure, rule 20.02, that the elements of a crime have been proved, and findings in
commitment cases under this section or section 253B.18, that an act or acts constituting a
crime occurred.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 609.35, is amended to read:

609.35 COSTS OF MEDICAL EXAMINATION.

(a) Costs incurred by a hospital or other emergency medical facility or by a physician,
sexual assault nurse examiner, forensic nurse, or other licensed health care provider for the
examination of a victim of criminal sexual conduct that occurred in the state shall be paid
by the state. These costs include, but are not limited to, the cost of the medical forensic
examination, associated tests and treatments relating to sexually transmitted infection, and
pregnancy status, including emergency contraception. A hospital, emergency medical facility,
or health care provider shall submit the costs for examination and any associated tests and
treatment to the Office of Justice Programs for payment. Upon receipt of the costs, the
commissioner shall provide payment to the facility or health care provider. Reimbursement
for an examination and any associated test and treatments shall not exceed $1,400. Beginning
on January 1, 2024, the maximum amount of an award shall be adjusted annually by the
inflation rate.

(b) Nothing in this section shall be construed to limit the duties, responsibilities, or
liabilities of any insurer, whether public or private. The hospital or other licensed health
care provider performing the examination may seek insurance reimbursement from the
victim's insurer only if authorized by the victim. This authorization may only be sought
after the examination is performed. When seeking this authorization, the hospital or other
licensed health care provider shall inform the victim that if the victim does not authorize
this, the state is required by law to pay for the examination and that the victim is in no way
liable for these costs or obligated to authorize the reimbursement.

(c) The applicability of this section does not depend upon whether the victim reports
the offense to law enforcement or the existence or status of any investigation or prosecution.

new text begin (d) Requests for reimbursement and supporting documents are private data on individuals
as defined in section 13.02, subdivision 12.
new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 611A.039, subdivision 1, is amended
to read:

Subdivision 1.

Notice required.

(a) Except as otherwise provided in subdivision 2,
within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which
there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts
to provide to each affected crime victim oral or written notice of the final disposition of the
case and of the victim rights under section 611A.06. When the court is considering modifying
the sentence for a felony or a crime of violence or an attempted crime of violence, the
prosecutor shall make a reasonable and good faith effort to notify the victim of the crime.
deleted text begin If the victim is incapacitated or deceased, notice must be given to the victim's family. If the
victim is a minor, notice must be given to the victim's parent or guardian. deleted text end The notice must
include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person to contact for additional information;
and

(4) a statement that the victim deleted text begin and victim's family deleted text end may provide input to the court
concerning the sentence modification.

(b) The Office of Justice Programs in the Department of Public Safety shall develop and
update a model notice of postconviction rights under this subdivision and section 611A.06.

(c) As used in this section deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end "crime of violence" has the meaning given in section 624.712, subdivision 5, and
also includes violations of section 609.3458, gross misdemeanor violations of section
609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and
609.749 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) "victim" has the meaning given in section 611A.01, paragraph (b).
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 611A.52, subdivision 5, is amended
to read:

Subd. 5.

Collateral source.

"Collateral source" means a source of benefits or advantages
for economic loss otherwise reimbursable under sections 611A.51 to 611A.68 which the
victim or claimant has received, or which is readily available to the victim, from:

(1) the offender;

(2) the government of the United States or any agency thereof, a state or any of its
political subdivisions, or an instrumentality of two or more states, unless the law providing
for the benefits or advantages makes them excess or secondary to benefits under sections
611A.51 to 611A.68;

(3) Social Security, Medicare, and Medicaid;

(4) state required temporary nonoccupational disability insurance;

(5) workers' compensation;

(6) wage continuation programs of any employer;

(7) proceeds of a contract of insurance payable to the victim for economic loss sustained
because of the crime;

(8) a contract providing prepaid hospital and other health care services, or benefits for
disability; new text begin or
new text end

deleted text begin (9) any private source as a voluntary donation or gift; or
deleted text end

deleted text begin (10) deleted text end new text begin (9) new text end proceeds of a lawsuit brought as a result of the crime.

The term does not include a life insurance contract new text begin or benefits from any private source
provided as a voluntary donation or gift new text end .

Sec. 7.

Minnesota Statutes 2022, section 611A.73, subdivision 4, is amended to read:

Subd. 4.

Victim.

"Victim" deleted text begin refers to anyone or the next of kin of anyone who has been
or purports to have been subjected to a criminal act, whether a felony, a gross misdemeanor,
or misdemeanor deleted text end new text begin has the meaning given in section 611A.01, paragraph (b) new text end .

Sec. 8.

Minnesota Statutes 2022, section 629.72, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given them.

(b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.

(c) "Harass" and "stalking" have the meanings given in section 609.749.

(d) "Violation of a domestic abuse no contact order" has the meaning given in section
629.75.

(e) "Violation of an order for protection" has the meaning given in section 518B.01,
subdivision 14.

new text begin (f) "Victim" has the meaning in section 611A.01, paragraph (b).
new text end

Sec. 9.

Minnesota Statutes 2022, section 629.72, subdivision 7, is amended to read:

Subd. 7.

Notice to victim regarding bail hearing.

(a) When a person arrested for or a
juvenile detained for domestic assault or harassing or stalking is scheduled to be reviewed
under subdivision 2 for release from pretrial detention, the court shall make a reasonable
good faith effort to notify deleted text begin :
deleted text end

deleted text begin (1) deleted text end the victim of the alleged crime deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (2) if the victim is incapacitated or deceased, the victim's family; and
deleted text end

deleted text begin (3) if the victim is a minor, the victim's parent or guardian.
deleted text end

(b) The notification must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person that can be contacted for additional
information; and

(4) a statement that the victim deleted text begin and the victim's family deleted text end may attend the review.

Sec. 10.

Minnesota Statutes 2022, section 629.725, is amended to read:

629.725 NOTICE TO VICTIM REGARDING BAIL HEARING OF ARRESTED
OR DETAINED PERSON.

(a) When a person arrested or a juvenile detained for a crime of violence or an attempted
crime of violence is scheduled to be reviewed under section 629.715 for release from pretrial
detention, the court shall make a reasonable and good faith effort to notify the victim of the
alleged crime. deleted text begin If the victim is incapacitated or deceased, notice must be given to the victim's
family. If the victim is a minor, notice must be given to the victim's parent or guardian. deleted text end The
notification must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person that can be contacted for additional
information; and

(4) a statement that the victim and the victim's family may attend the review.

(b) As used in this section deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end "crime of violence" has the meaning given it in section 624.712, subdivision 5, and
also includes:

deleted text begin (1) deleted text end new text begin (i) new text end sections 609.2112, 609.2113, 609.2114, and 609.3458;

deleted text begin (2) deleted text end new text begin (ii) new text end gross misdemeanor violations of section 609.224;

deleted text begin (3) deleted text end new text begin (iii) new text end nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and
609.749; deleted text begin and
deleted text end

deleted text begin (4) deleted text end new text begin (iv) new text end Minnesota Statutes 2012, section 609.21 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) "victim" has the meaning given in section 611A.01, paragraph (b).
new text end

Sec. 11.

Minnesota Statutes 2022, section 629.73, subdivision 1, is amended to read:

Subdivision 1.

Oral notice.

When a person arrested or a juvenile detained for a crime
of violence or an attempted crime of violence is about to be released from pretrial detention,
the agency having custody of the arrested or detained person or its designee shall make a
reasonable and good faith effort before release to inform orally the victim deleted text begin or, if the victim
is incapacitated, the same or next of kin, or if the victim is a minor, the victim's parent or
guardian deleted text end of the following matters:

(1) the conditions of release, if any;

(2) the time of release;

(3) the time, date, and place of the next scheduled court appearance of the arrested or
detained person and, where applicable, the victim's right to be present at the court appearance;
and

(4) the location and telephone number of at least one area crime victim service provider
as designated by the Office of Justice Programs in the Department of Public Safety.

Sec. 12.

Minnesota Statutes 2022, section 629.73, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Definition, new text end

new text begin As used in this section, "victim" has the meaning given in section
611A.01, paragraph (b).
new text end