HF 2925

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 05/05/2014 08:21 a.m.

1.1A bill for an act 1.2relating to criminal justice; establishing a process for compensation of certain 1.3exonerated persons; authorizing expungement of records; appropriating money; 1.4amending Minnesota Statutes 2012, section 609A.02, subdivision 3; proposing 1.5coding for new law in Minnesota Statutes, chapters 590; 611. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7    Section 1. new text begin [590.11] ORDER DETERMINING ELIGIBILITY FOR new text end 1.8 new text begin COMPENSATION BASED ON EXONERATION. new text end 1.9     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For purposes of this section, "exonerated" means that: new text end 1.10 new text begin (1) a court of this state: new text end 1.11 new text begin (i) vacated or reversed a judgment of conviction, including all convictions arising new text end 1.12 new text begin out of the same behavioral incident, and the prosecutor dismissed the charges; or new text end 1.13 new text begin (ii) ordered a new trial and the prosecutor dismissed the charges or the petitioner new text end 1.14 new text begin was found not guilty at the new trial; and new text end 1.15 new text begin (2) the time for appeal of the order resulting in exoneration has expired or the order new text end 1.16 new text begin has been affirmed and is final. new text end 1.17     new text begin Subd. 2. new text end new text begin Procedure. new text end new text begin A petition for an order declaring eligibility for compensation new text end 1.18 new text begin based on exoneration under sections 611.362 to 611.368 must be brought before the new text end 1.19 new text begin district court where the order resulting in the exoneration was obtained. The state must be new text end 1.20 new text begin represented by the prosecutor who obtained the conviction or the prosecutor's successor. new text end 1.21 new text begin Within 20 days after the filing of the petition, the prosecutor must respond to the petition. new text end 1.22 new text begin A petition may be brought within two years after the petitioner is exonerated or at a later new text end 1.23 new text begin time if the petitioner establishes that the petition is not frivolous and is in the interests new text end 1.24 new text begin of justice. Persons released from custody on grounds consistent with exoneration before new text end 2.1 new text begin the effective date of this section may commence an action under this section within two new text end 2.2 new text begin years of the effective date. new text end 2.3     new text begin Subd. 3. new text end new text begin Compensation based on innocence. new text end new text begin An individual who is exonerated new text end 2.4 new text begin is eligible for compensation based on the establishment of innocence if the petitioner new text end 2.5 new text begin establishes by a preponderance of the evidence that a crime was not committed or that the new text end 2.6 new text begin crime was not committed by the petitioner. new text end 2.7     new text begin Subd. 4. new text end new text begin Compensation without establishing innocence. new text end new text begin An individual who new text end 2.8 new text begin is exonerated is eligible for compensation without establishing innocence if newly new text end 2.9 new text begin discovered evidence was the basis for the exoneration and the prosecutor, within 60 days new text end 2.10 new text begin of the filing of the petition, joins in the petition and indicates that it is likely that the new text end 2.11 new text begin original complaint would not have been filed or would have been dismissed if the newly new text end 2.12 new text begin discovered evidence had been available. new text end 2.13     new text begin Subd. 5. new text end new text begin Evidence. new text end new text begin District court records related to the conviction and the new text end 2.14 new text begin exoneration are admissible in a proceeding under this section. A written affidavit or verbal new text end 2.15 new text begin statement on the record by the prosecutor who obtained the conviction or the prosecutor's new text end 2.16 new text begin successor is admissible to support or refute the petition. The prosecutor may address the new text end 2.17 new text begin prosecutor's decision to dismiss the charges or other information that may not be fully new text end 2.18 new text begin reflected in the proceedings resulting in exoneration. Acts by the petitioner that may have new text end 2.19 new text begin contributed to bringing about the conviction may be considered. new text end 2.20     new text begin Subd. 6. new text end new text begin Elements. new text end new text begin (a) A claim for compensation arises if a person is eligible for new text end 2.21 new text begin compensation under subdivision 3 or 4 and: new text end 2.22 new text begin (1) the person was convicted of a felony and served any part of the imposed sentence new text end 2.23 new text begin in prison; new text end 2.24 new text begin (2) in cases where the person was convicted of multiple charges arising out of the new text end 2.25 new text begin same behavioral incident, the person was exonerated for all of those charges; new text end 2.26 new text begin (3) the person did not commit or induce another person to commit perjury or new text end 2.27 new text begin fabricate evidence to cause or bring about the conviction; and new text end 2.28 new text begin (4) the person was not serving a term of imprisonment for another crime at the same new text end 2.29 new text begin time, provided that if the person served additional time in prison due to the conviction that new text end 2.30 new text begin is the basis of the claim, the person may make a claim for that portion of time served in new text end 2.31 new text begin prison during which the person was serving no other sentence. new text end 2.32 new text begin (b) A claimant may make a claim only for that portion of time served in prison new text end 2.33 new text begin during which the claimant was serving no other sentence. new text end 2.34 new text begin (c) A confession or admission later found to be false or a guilty plea to a crime the new text end 2.35 new text begin claimant did not commit does not constitute bringing about the claimant's conviction new text end 2.36 new text begin for purposes of paragraph (a), clause (3). new text end 3.1     new text begin Subd. 7. new text end new text begin Order. new text end new text begin If the court determines that the petitioner is eligible for new text end 3.2 new text begin compensation based on exoneration under subdivision 3 or 4, the court shall issue an order new text end 3.3 new text begin containing its findings and, if applicable, indicate the portion of the term of imprisonment new text end 3.4 new text begin for which the petitioner is entitled to make a claim. The court shall notify the petitioner of new text end 3.5 new text begin the right to file a claim for compensation under sections 611.362 to 611.368 and provide new text end 3.6 new text begin the petitioner with a copy of those sections. The petitioner must acknowledge receipt of new text end 3.7 new text begin the notice and a copy of those sections in writing or on the record before the court. new text end 3.8     new text begin Subd. 8. new text end new text begin Appeal. new text end new text begin An order issued under this section may be appealed as provided new text end 3.9 new text begin for under section 590.06, except that service of the notice of appeal on the attorney new text end 3.10 new text begin general is not required. new text end 3.11    Sec. 2. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read: 3.12    Subd. 3. Certain criminal proceedings not resulting in conviction new text begin resolved in new text end 3.13 new text begin favor of defendant new text end . new text begin (a) new text end A petition may be filed under section 609A.03 to seal all records 3.14relating to an arrest, indictment or information, trial, or verdict if the records are not 3.15subject to section 299C.11, subdivision 1, paragraph (b), and if all pending actions or 3.16proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict 3.17of not guilty by reason of mental illness is not a resolution in favor of the petitioner. 3.18 new text begin (b) For purposes of this chapter, an action or proceeding is resolved in favor of the new text end 3.19 new text begin petitioner if the petitioner received an order under section 590.11 determining that the new text end 3.20 new text begin petitioner is eligible for compensation based on exoneration. new text end 3.21    Sec. 3. new text begin [611.362] CLAIM FOR COMPENSATION BASED ON EXONERATION. new text end 3.22     new text begin Subdivision 1. new text end new text begin General. new text end new text begin A person who receives an order under section 590.11 new text end 3.23 new text begin determining that the person is entitled to compensation based on exoneration may bring new text end 3.24 new text begin a claim for an award under sections 611.362 to 611.368. new text end 3.25     new text begin Subd. 2. new text end new text begin Process; filing requirement. new text end new text begin The state must be named as the respondent. new text end 3.26 new text begin A claimant shall serve the claim and all documents on the state through the commissioner new text end 3.27 new text begin of management and budget and file the claim with the Supreme Court. The claim must new text end 3.28 new text begin include a copy of the order issued by the district court under section 590.11, subdivision 7. new text end 3.29 new text begin The state shall respond to the claim within 60 days after service. new text end 3.30     new text begin Subd. 3. new text end new text begin Agent for claimant. new text end new text begin If a person entitled to file a claim is incapacitated and new text end 3.31 new text begin incapable of filing the claim or is a minor or nonresident of the state, the claim may be new text end 3.32 new text begin filed on behalf of the claimant by a court-appointed guardian, the parent or guardian of new text end 3.33 new text begin a minor, or an authorized agent. new text end 4.1     new text begin Subd. 4. new text end new text begin Statute of limitations. new text end new text begin A claimant may commence a claim under this new text end 4.2 new text begin section within two years after the date the order was issued under section 590.11, new text end 4.3 new text begin subdivision 7, provided that if the person did not receive the notice required under section new text end 4.4 new text begin 590.11, subdivision 7, the person may commence a claim within three years of that date. new text end 4.5 new text begin An action by the state challenging or appealing the order under section 590.11 tolls the new text end 4.6 new text begin two-year period. Persons released from custody on grounds consistent with exoneration new text end 4.7 new text begin before the effective date of this section may commence an action under this section within new text end 4.8 new text begin two years of the effective date. new text end 4.9    Sec. 4. new text begin [611.363] COMPENSATION PANEL. new text end 4.10     new text begin Subdivision 1. new text end new text begin Appointment. new text end new text begin Within 30 business days after the claim is filed with new text end 4.11 new text begin the Supreme Court, the chief justice of the Supreme Court shall appoint a compensation new text end 4.12 new text begin panel of three attorneys or judges who are responsible for determining the amount of new text end 4.13 new text begin damages to be awarded. Members of the panel must have experience in legal issues new text end 4.14 new text begin involving the settlement of tort claims and the determination of damages. new text end 4.15     new text begin Subd. 2. new text end new text begin Compensation of panel members; procedures. new text end new text begin (a) Members of the new text end 4.16 new text begin panel are entitled to the compensation authorized for members of boards under section new text end 4.17 new text begin 15.0575, subdivision 3. new text end 4.18 new text begin (b) Consistent with sections 611.362 to 611.368, the panel may establish procedures, new text end 4.19 new text begin rules, and forms for considering claims and awarding damages. new text end 4.20     new text begin Subd. 3. new text end new text begin Payment of expenses. new text end new text begin The state court administrator shall forward new text end 4.21 new text begin documentation of expenses and administrative costs of the panel to the commissioner of new text end 4.22 new text begin management and budget for payment of those amounts from appropriations available new text end 4.23 new text begin for this purpose. new text end 4.24    Sec. 5. new text begin [611.364] PREHEARING SETTLEMENTS AND HEARING. new text end 4.25     new text begin Subdivision 1. new text end new text begin Prehearing settlements. new text end new text begin The panel may set a prehearing settlement new text end 4.26 new text begin conference date. At this conference, the parties must make a good faith attempt to reach a new text end 4.27 new text begin settlement in the case. If the parties agree, they may present the panel with a joint motion new text end 4.28 new text begin for summary disposition and no further hearings are required. If a settlement document is new text end 4.29 new text begin approved by the panel, it has the same effect as an award under section 611.365, for all new text end 4.30 new text begin purposes of that section. new text end 4.31     new text begin Subd. 2. new text end new text begin Hearing. new text end new text begin (a) If the parties are unable to reach a settlement, the panel must new text end 4.32 new text begin hold an evidentiary hearing to determine the amount of damages to be awarded to the new text end 4.33 new text begin claimant. The panel may consider any evidence and argument submitted by the parties, new text end 5.1 new text begin including affidavits, documentation, and oral and written arguments. The panel is bound new text end 5.2 new text begin by any fact or damage amount established by the stipulation of the parties. new text end 5.3 new text begin (b) Hearings and records relating to the hearing are open to the public, except where, new text end 5.4 new text begin in the interest of justice, the panel orders a hearing closed or a record sealed. new text end 5.5    Sec. 6. new text begin [611.365] DAMAGES. new text end 5.6     new text begin Subdivision 1. new text end new text begin General. new text end new text begin A claimant is entitled to the damages provided for in new text end 5.7 new text begin this section. new text end 5.8     new text begin Subd. 2. new text end new text begin Reimbursement; monetary damages; attorney fees. new text end new text begin (a) The claimant is new text end 5.9 new text begin entitled to reimbursement for all restitution, assessments, fees, court costs, and other sums new text end 5.10 new text begin paid by the claimant as required by the judgment and sentence. In addition, the claimant new text end 5.11 new text begin is entitled to monetary damages of not less than $50,000 for each year of imprisonment, new text end 5.12 new text begin and not less than $25,000 for each year served on supervised release or as a registered new text end 5.13 new text begin sex offender, to be prorated for partial years served. In calculating monetary damages, new text end 5.14 new text begin the panel shall consider: new text end 5.15 new text begin (1) economic damages, including reasonable attorney fees, lost wages, and new text end 5.16 new text begin reimbursement for costs associated with the claimant's criminal defense; new text end 5.17 new text begin (2) reimbursement for medical and dental expenses that the claimant already incurred new text end 5.18 new text begin and future unpaid expenses expected to be incurred related to the claimant's imprisonment; new text end 5.19 new text begin (3) noneconomic damages for personal physical injuries or sickness and any new text end 5.20 new text begin nonphysical injuries or sickness incurred during or as a result of imprisonment; new text end 5.21 new text begin (4) reimbursement for any tuition and fees paid for each semester successfully new text end 5.22 new text begin completed by the claimant in an educational program or for employment skills and new text end 5.23 new text begin development training, up to the equivalent value of a four-year degree at a public new text end 5.24 new text begin university, and reasonable payment for future unpaid costs for education and training, not new text end 5.25 new text begin to exceed the anticipated cost of a four-year degree at a public university; new text end 5.26 new text begin (5) reimbursement for paid or unpaid child support payments owed by the claimant new text end 5.27 new text begin that became due, and interest on child support arrearages that accrued, during the time new text end 5.28 new text begin served in prison; and new text end 5.29 new text begin (6) reimbursement for reasonable costs of paid or unpaid reintegrative expenses for new text end 5.30 new text begin immediate services secured by the claimant upon exoneration and release, including new text end 5.31 new text begin housing, transportation and subsistence, reintegrative services, and medical and dental new text end 5.32 new text begin health care costs. new text end 5.33 new text begin (b) The panel shall award the claimant reasonable attorney fees incurred in bringing new text end 5.34 new text begin a claim under sections 611.362 to 611.368 and in obtaining an order of eligibility for new text end 5.35 new text begin compensation based on exoneration under chapter 590. new text end 6.1     new text begin Subd. 3. new text end new text begin Limits on damages. new text end new text begin There is no limit on the aggregate amount of damages new text end 6.2 new text begin that may be awarded under this section. Damages that may be awarded under subdivision new text end 6.3 new text begin 2, paragraph (a), clauses (1) and (4) to (6), are limited to $100,000 per year of imprisonment new text end 6.4 new text begin and $50,000 per year served on supervised release or as a registered sex offender. new text end 6.5     new text begin Subd. 4. new text end new text begin Notice and acceptance of award. new text end new text begin A claimant who is awarded damages new text end 6.6 new text begin under this section must be provided with a written notice of the award, which must include new text end 6.7 new text begin an itemization of the total damage award calculation. A claimant's acceptance of an award, new text end 6.8 new text begin compromise, or settlement must be in writing and is final and conclusive on the claimant. new text end 6.9     new text begin Subd. 5. new text end new text begin Subsequent damage awards. new text end new text begin Any future damages awarded to the new text end 6.10 new text begin claimant resulting from an action by the claimant against the state or a political subdivision new text end 6.11 new text begin of this state based on the same subject must be offset by the damage award received new text end 6.12 new text begin under this section. new text end 6.13     new text begin Subd. 6. new text end new text begin No offsets. new text end new text begin The damage award must not be offset by: new text end 6.14 new text begin (1) any expenses incurred by the state or any political subdivision of the state, new text end 6.15 new text begin including expenses incurred to secure the claimant's custody or to feed, clothe, or provide new text end 6.16 new text begin medical services for the claimant; or new text end 6.17 new text begin (2) the value of any services or reduction in fees for services, or the value of services new text end 6.18 new text begin to be provided to the claimant that may be awarded to the claimant under this section. new text end 6.19     new text begin Subd. 7. new text end new text begin Survival of claim. new text end new text begin A pending order issued under section 590.11, new text end 6.20 new text begin subdivision 7, or claim under sections 611.362 to 611.368, survives the death of the new text end 6.21 new text begin petitioner or claimant and the personal representative of the person may be substituted new text end 6.22 new text begin as the claimant or bring a claim. new text end 6.23     new text begin Subd. 8. new text end new text begin Child support payments. new text end new text begin The amount of an award that represents new text end 6.24 new text begin reimbursement for child support payments or lost wages is subject to execution for new text end 6.25 new text begin payment of child support arrearages and interest. new text end 6.26    Sec. 7. new text begin [611.366] JUDICIAL REVIEW. new text end 6.27 new text begin A party aggrieved by an award of damages under section 611.365 is entitled new text end 6.28 new text begin to judicial review of the decision as provided in sections 14.63 to 14.69; however, new text end 6.29 new text begin proceedings on a complaint filed under this section are not a contested case within the new text end 6.30 new text begin meaning of chapter 14 and are not otherwise governed by chapter 14. new text end 6.31    Sec. 8. new text begin [611.367] COMPENSATING EXONERATED PERSONS; new text end 6.32 new text begin APPROPRIATIONS PROCESS. new text end 6.33 new text begin The compensation panel established in section 611.363 shall forward a final award new text end 6.34 new text begin of damages under section 611.365 to the commissioner of management and budget. new text end 7.1 new text begin The commissioner shall submit the amount of the final award to the legislature for new text end 7.2 new text begin consideration during the next session of the legislature. new text end 7.3    Sec. 9. new text begin [611.368] SHORT TITLE. new text end 7.4 new text begin Sections 611.362 to 611.368 may be cited as the Imprisonment and Exoneration new text end 7.5 new text begin Remedies Act. new text end 7.6    Sec. 10. new text begin APPROPRIATION. new text end 7.7 new text begin $3,000 is appropriated from the general fund for the fiscal year ending June 30, new text end 7.8 new text begin 2015, to the commissioner of management and budget for expenses incurred by the new text end 7.9 new text begin compensation panel described in Minnesota Statutes, section 611.363. new text end