Office of the Revisor of Statutes
SF 3258
Introduction - 84th Legislature (2005 - 2006)
Posted on 12/15/2009 12:00 a.m.
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A bill for an act
relating to public safety; expanding the duty of governmental agencies to retain
physical evidence related to crimes; lengthening the period of time within which
a petition for postconviction relief may be filed; amending Minnesota Statutes
2005 Supplement, sections 590.01, subdivisions 1, 4; 590.10, subdivision 1;
repealing Minnesota Statutes 2005 Supplement, section 590.10, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2005 Supplement, section 590.01, subdivision 1, is
amended to read:
Subdivision 1.
Petition.
Except at a time when direct appellate relief is available, a
person convicted of a crime, who claims that:
(1) the conviction obtained or the sentence or other disposition made violated the
person's rights under the Constitution or laws of the United States or of the state; or
(2) deleted text begin scientificdeleted text end new text begin anynew text end evidence not available at trial, obtained pursuant to a motion
granted under subdivision 1a, establishes the petitioner's actual innocence;
may commence a proceeding to secure relief by filing a petition in the district court in
the county in which the conviction was had to vacate and set aside the judgment and to
discharge the petitioner or to resentence the petitioner or grant a new trial or correct the
sentence or make other disposition as may be appropriate. A petition for postconviction
relief after a direct appeal has been completed may not be based on grounds that could
have been raised on direct appeal of the conviction or sentence. Nothing contained herein
shall prevent the Supreme Court or the Court of Appeals, upon application by a party,
from granting a stay of a case on appeal for the purpose of allowing an appellant to apply
to the district court for an evidentiary hearing under the provisions of this chapter. The
proceeding shall conform with sections 590.01 to 590.06.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to
petitions filed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2005 Supplement, section 590.01, subdivision 4, is
amended to read:
Subd. 4.
Time limit.
(a) No petition for postconviction relief may be filed more
than deleted text begin twodeleted text end new text begin tennew text end years after the later of:
(1) the entry of judgment of conviction or sentence if no direct appeal is filed; or
(2) an appellate court's disposition of petitioner's direct appeal.
(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction
relief if:
(1) the petitioner establishes that a physical disability or mental disease precluded
a timely assertion of the claim;
(2) the petitioner alleges the existence of newly discovered evidencedeleted text begin , including
scientific evidence,deleted text end that could not have been ascertained by the exercise of due diligence
by the petitioner or petitioner's attorney within the deleted text begin two-yeardeleted text end new text begin ten-yearnew text end time period for filing
a postconviction petition, and the evidence is not cumulative to evidence presented at trial,
is not for impeachment purposes, and establishes by a clear and convincing standard that
the petitioner is innocent of the offense or offenses for which the petitioner was convicted;
(3) the petitioner asserts a new interpretation of federal or state constitutional
or statutory law by either the United States Supreme Court or a Minnesota appellate
court and the petitioner establishes that this interpretation is retroactively applicable to
the petitioner's case;
(4) the petition is brought pursuant to subdivision 3; or
(5) the petitioner establishes to the satisfaction of the court that the petition is not
frivolous and is in the interests of justice.
(c) Any petition invoking an exception provided in paragraph (b) must be filed
within deleted text begin twodeleted text end new text begin tennew text end years of the date the claim arises.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to
petitions filed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2005 Supplement, section 590.10, subdivision 1, is
amended to read:
Subdivision 1.
Preservation.
Notwithstanding any other provision of law, all
appropriate governmental entities shall retain deleted text begin any biological evidence relating to the
identification of a defendant used to secure a conviction in a criminal case until expiration
of sentencedeleted text end new text begin all items of physical evidence secured in connection with a criminal case for
the period of time that any person remains incarcerated, under any type of correctional
supervision, civilly committed, or subject to registration as a predatory offender in
connection with that casenew text end unless earlier disposition is authorized by court order after notice
to the defendant and defense counsel. No order for earlier disposition of this evidence
shall be issued if the defendant or defense counsel objects.
deleted text begin The governmental entity need retain only the portion of such evidence as was
used to obtain an accurate biological sample used to obtain a conviction.deleted text end If the size of
deleted text begin thedeleted text end new text begin anew text end biological sample requires that it be consumed in analysis, the Minnesota Rules of
Criminal Procedure shall apply. If evidence is intentionally destroyed after the filing of a
petition under section 590.01, subdivision 1a, the court may impose appropriate sanctions
on the responsible party or parties.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 4. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2005 Supplement, section 590.10, subdivision 2,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end