HF 2521

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/20/2025 03:02 p.m.

A bill for an act
relating to judiciary; permitting petition to court for relief from stay of adjudication;
amending Minnesota Statutes 2024, section 590.01.

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

Section 1.

Minnesota Statutes 2024, section 590.01, is amended to read:

590.01 AVAILABILITY, CONDITIONS.

Subdivision 1.

Petition.

Except at a time when direct appellate relief is available, a
person convicted of a crime deleted text begin , deleted text end new text begin or who received a stay of adjudication new text end who claims that:

(1) the conviction new text begin or stay of adjudication new text end obtained new text begin , new text end or the sentence or other disposition
made new text begin , new text end violated the person's rights under the Constitution or laws of the United States or of
the state; or

(2) scientific 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 new text begin or stay of adjudication new text end 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 new text begin , stay of adjudication, new text end 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.

Subd. 1a.

Motion for fingerprint or forensic testing not available at trial.

(a) A person
convicted of a crime new text begin , or who received a stay of adjudication, new text end may make a motion for the
performance of fingerprint or forensic DNA testing to demonstrate the person's actual
innocence if:

(1) the testing is to be performed on evidence secured in relation to the trial which
resulted in the conviction new text begin or plea new text end ; and

(2) the evidence was not subject to the testing because either the technology for the
testing was not available at the time of the trial or the testing was not available as evidence
at the time of the trial.

The motion shall be filed before the district court that entered the judgment of conviction new text begin
or stay of adjudication new text end . Reasonable notice of the motion shall be served on the prosecuting
attorney who represented the state at trial.

(b) A person who makes a motion under paragraph (a) must present a prima facie case
that:

(1) identity was an issue in the trial; and

(2) the evidence to be tested has been subject to a chain of custody sufficient to establish
that it has not been substituted, tampered with, replaced, or altered in any material aspect.

(c) The court shall order that the testing be performed if:

(1) a prima facie case has been established under paragraph (b);

(2) the testing has the scientific potential to produce new, noncumulative evidence
materially relevant to the defendant's assertion of actual innocence; and

(3) the testing requested employs a scientific method generally accepted within the
relevant scientific community. The court shall impose reasonable conditions on the testing
designed to protect the state's interests in the integrity of the evidence and the testing process.

Subd. 2.

Remedy.

This remedy takes the place of any other common law, statutory or
other remedies which may have been available for challenging the validity of a new text begin stay of
adjudication, new text end conviction, sentence, or other disposition and must be used exclusively in
place of them unless it is inadequate or ineffective to test the legality of the new text begin stay of
adjudication, new text end conviction, sentence or other disposition.

Subd. 3.

Application for relief.

A person who has been convicted new text begin or received a stay of
adjudication new text end and sentenced for a crime committed before May 1, 1980, may institute a
proceeding applying for relief under this chapter upon the ground that a significant change
in substantive or procedural law has occurred which, in the interest of justice, should be
applied retrospectively, including resentencing under subsequently enacted law.

No petition seeking resentencing shall be granted unless the court makes specific findings
of fact that release of the petitioner prior to the time the petitioner would be released under
the sentence currently being served does not present a danger to the public and is not
incompatible with the welfare of society.

Subd. 4.

Time limit.

(a) No petition for postconviction relief may be filed more than
two years after the later of:

(1) the entry of judgment of conviction new text begin , stay of adjudication, new text end 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 evidence, including scientific
evidence, that provides facts necessary to sustain one or more legally cognizable claims for
postconviction relief, if such evidence could not have been ascertained by the exercise of
due diligence by the petitioner or petitioner's attorney within the two-year time period for
filing a postconviction petition, is not cumulative to evidence presented at trial, and is not
for impeachment purposes;

(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
two years of the date the claim arises.