SF 1609

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/21/2025 09:22 a.m.

A bill for an act
relating to public safety; clarifying the law on retroactive relief for certain felony
murders; amending Laws 2023, chapter 52, article 4, section 24, subdivision 7, as
amended.

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

Section 1.

Laws 2023, chapter 52, article 4, section 24, subdivision 7, as amended by Laws
2024, chapter 123, article 4, section 20, is amended to read:

Subd. 7.

Determination; order; resentencing.

(a) A petitioner who was convicted of
a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), is entitled to
relief if the petitioner shows by a preponderance of the evidence that the petitioner:

(1) did not cause the death of a human being; and

(2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being.

(b) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), is entitled to relief if the petitioner shows by a preponderance of
the evidence that the petitioner:

(1) did not cause the death of a human being; and

(2) was not a major participant in the underlying felony or did not act with extreme
indifference to human life.

(c) If the court determines that the petitioner does not qualify for relief, the court shall
issue an order denying the petition.

(d) If the court determines that the petitioner is entitled to relief, the court shall issue an
order vacating the conviction for a violation of Minnesota Statutes, section 609.185,
paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), and:

(1) resentence the petitioner for the most serious remaining offense for which the
petitioner was convicted;

(2) enter a conviction and impose a sentence for any other predicate felony arising out
of the course of conduct that served as the factual basis for the conviction vacated by the
court; or

(3) enter a conviction and impose a sentence for any lesser included offense as described
in Minnesota Statutes, section 631.14.

(e) If the court intends to enter a conviction and impose a sentence for a lesser included
offense, the court must hold a hearing to determine the appropriate offense.

(f) If the court proceeds under paragraph (d), clause (1) or (2), the new sentence
announced by the court under this section must be for the most serious predicate felony
unless the most serious remaining offense for which the petitioner was convicted is that
offense or a more serious offense.

(g) If, pursuant to paragraph (d), the court either resentences a petitioner or imposes a
sentence, the court shall also resentence the petitioner for any other offense if the sentence
was announced by a district court of the same county, the sentence was either ordered to
be served consecutively to the vacated conviction or the criminal history calculation for
that sentence included the vacated sentence, and the changes made pursuant to paragraph
(d) would have resulted in a different criminal history score being used at the time of
sentencing.

(h) The court shall state in writing or on the record the reasons for its decision on the
petition.

(i) If the court intends to resentence a petitioner or impose a sentence on a petitioner,
the court must hold the hearing at a time that allows any victim an opportunity to submit a
statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make
a good faith and reasonable effort to notify any person determined to be a victim of the
hearing and the right to submit or make a statement. A sentence imposed under this
subdivision shall not increase the petitioner's total period of confinement or, if the petitioner
was serving a stayed sentence, increase the period of supervision. The court may increase
the period of confinement for a sentence that was ordered to be served consecutively to the
vacated conviction based on a change in the appropriate criminal history score provided the
court does not increase the petitioner's total period of confinement. A person resentenced
under this paragraph is entitled to credit for time served in connection with the vacated
offense.

(j) Relief granted under this section shall not be treated as an exoneration for purposes
of the Incarceration and Exoneration Remedies Act.

new text begin (k) If the court enters a conviction under this subdivision, the court shall ensure that the
date of the conviction being entered is the same as that of the original conviction. If the
court has previously entered a conviction under this subdivision in a manner inconsistent
with this paragraph, the court shall change the date upon receiving notice of the inconsistency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end