SF 206

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 03/25/2025 09:43 a.m.

A bill for an act
relating to public safety; modifying certain criminal felony murder and aiding and
abetting murder provisions; authorizing retroactive relief for certain aiding and
abetting murder convictions; reviving task force on aiding and abetting felony
murder; requiring a report; amending Minnesota Statutes 2024, sections 609.05,
subdivision 2a; 609.185; 609.19, subdivisions 1, 2, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2024, section 609.05, subdivision 2a, is amended to read:

Subd. 2a.

Exception.

(a) A person may not be held criminally liable for a violation of
section 609.185, paragraph (a), clause (3), for a death caused by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with the intent to cause the death of a human being.

new text begin (b) A person may not be held criminally liable for a violation of section 609.185,
paragraph (a), clause (1), for a death of a human being caused by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with premeditation and with intent to cause the death of a human being.
new text end

new text begin (c) A person may not be held criminally liable for a violation of section 609.19,
subdivision 1, for a death of a human being caused by another unless the person intentionally
aided, advised, hired, counseled, or conspired with or otherwise procured the other with the
intent to cause the death of a human being.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end A person may not be held criminally liable for a violation of section 609.19,
subdivision 2, clause (1), for a death caused by another unless the person was a major
participant in the underlying felony and acted with extreme indifference to human life.

deleted text begin (c) deleted text end new text begin (e) new text end As used in this subdivision, "major participant" means a person who:

(1) used a deadly weapon during the commission of the underlying felony or provided
a deadly weapon to another participant where it was reasonably foreseeable that the weapon
would be used in the underlying felony;

(2) caused substantial bodily harm to another during the commission of the underlying
felony;

(3) coerced or hired a participant to undertake actions in furtherance of the underlying
felony that proximately caused the death, and where it was reasonably foreseeable that such
actions would cause death or great bodily harm; or

(4) impeded another person from preventing the death either by physical action or by
threat of physical action where it was reasonably foreseeable that death or great bodily harm
would result.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2024, section 609.185, is amended to read:

609.185 MURDER IN THE FIRST DEGREE.

(a) Whoever does any of the following is guilty of murder in the first degree and shall
be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect the
death of the person or of another;

(2) causes the death of a human being while committing or attempting to commit criminal
sexual conduct in the first or second degree with force or violence, either upon or affecting
the person or another;

(3) causes the death of a human being with intent to effect the death of the person or
another, while committing or attempting to commit new text begin a felony-level violation of any of the
following offenses: new text end burglary, aggravated robbery, carjacking in the first or second degree,
kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness
in the first degree, escape from custody, or deleted text begin any felony deleted text end new text begin a felony-level new text end violation of chapter
152 involving the unlawful sale of a controlled substance;

(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed
at a Minnesota state or local correctional facility, with intent to effect the death of that person
or another, while the person is engaged in the performance of official duties;

(5) causes the death of a minor while committing child abuse, when the perpetrator has
engaged in a past pattern of child abuse upon a child and the death occurs under
circumstances manifesting an extreme indifference to human life;

(6) causes the death of a human being while committing domestic abuse, when the
perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another
family or household member and the death occurs under circumstances manifesting an
extreme indifference to human life; or

(7) causes the death of a human being while committing, conspiring to commit, or
attempting to commit a felony crime to further terrorism and the death occurs under
circumstances manifesting an extreme indifference to human life.

(b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning
given in section 609.221, subdivision 6, clause (4).

(c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section
609.221, subdivision 6, clause (5).

(d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed
against a minor victim that constitutes a violation of the following laws of this state or any
similar laws of the United States or any other state: section 609.221; 609.222; 609.223;
609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.

(e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:

(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
any other state; and

(2) is committed against the victim who is a family or household member as defined in
section 518B.01, subdivision 2, paragraph (b).

(f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given
in section 609.714, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2024, section 609.19, subdivision 1, is amended to read:

Subdivision 1.

Intentional murder deleted text begin ; drive-by shootings deleted text end .

Whoever deleted text begin does either of the
following deleted text end new text begin causes the death of a human being with intent to effect the death of that person
or another, but without premeditation, new text end is guilty of murder in the second degree and may be
sentenced to imprisonment for not more than 40 years deleted text begin : deleted text end new text begin .
new text end

deleted text begin (1) causes the death of a human being with intent to effect the death of that person or
another, but without premeditation; or
deleted text end

deleted text begin (2) causes the death of a human being while committing or attempting to commit a
drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other
than those described in section 609.185, paragraph (a), clause (3).
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2024, section 609.19, subdivision 2, is amended to read:

Subd. 2.

Unintentional murders.

Whoever does either of the following is guilty of
unintentional murder in the second degree and may be sentenced to imprisonment for not
more than 40 years:

(1) causes the death of a human being, without intent to effect the death of any person,
while committing or attempting to commit deleted text begin a felony offense other than criminal sexual
conduct in the first or second degree with force or violence or a drive-by shooting deleted text end new text begin a
felony-level violation of any of the following offenses: burglary, aggravated robbery,
carjacking in the first or second degree, kidnapping, arson in the first or second degree,
drive-by shooting, tampering with a witness in the first degree, escape from custody,
malicious punishment of a child, domestic assault, domestic assault by strangulation, a
crime to further terrorism, or a felony-level violation of chapter 152 involving the unlawful
sale of a controlled substance new text end ; or

(2) causes the death of a human being without intent to effect the death of any person,
while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the
perpetrator is restrained under an order for protection and the victim is a person designated
to receive protection under the order. As used in this clause, "order for protection" includes
an order for protection issued under chapter 518B; a harassment restraining order issued
under section 609.748; a court order setting conditions of pretrial release or conditions of
a criminal sentence or juvenile court disposition; a restraining order issued in a marriage
dissolution action; and any order issued by a court of another state or of the United States
that is similar to any of these orders.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2024, section 609.19, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin A person shall not be held liable for a violation of subdivision 2,
clause (1), unless their acts present a special danger to human life based on the circumstances
under which the predicate felony was committed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end

Sec. 6. new text begin TASK FORCE ON AIDING AND ABETTING FELONY MURDER.
new text end

new text begin (a) Laws 2021, First Special Session chapter 11, article 2, section 53, subdivisions 2 to
5, are revived and reenacted on the effective date of this section to expand the focus of the
task force's duties and work on felony murder, aiding and abetting liability generally, and
other implicated issues pursuant to recommendation number six in the February 14, 2024,
task force on aiding and abetting felony murder report to the Minnesota legislature.
new text end

new text begin (b) On or before February 1, 2027, the task force shall submit a report to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
crime and sentencing on the findings and recommendations of the task force.
new text end

new text begin (c) The task force expires February 2, 2027, or the day after submitting its report under
paragraph (b), whichever is earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025.
new text end

Sec. 7. new text begin LIABILITY FOR MURDER COMMITTED BY ANOTHER; RETROACTIVE
APPLICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin Any person convicted of a violation of Minnesota Statutes,
section 609.185, paragraph (a), clause (1), under the theory of liability for crimes of another
and who is in the custody of the commissioner of corrections or under court supervision is
entitled to petition to have the person's conviction vacated pursuant to this section.
new text end

new text begin Subd. 2. new text end

new text begin Notification. new text end

new text begin (a) By September 1, 2026, the commissioner of corrections shall
notify individuals convicted of a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (1), of the right to file a preliminary application for relief if the person was
convicted of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (1),
and the person:
new text end

new text begin (1) did not cause the death of a human being; and
new text end

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

new text begin (b) The notice shall include the address of the court administration of the judicial district
of conviction.
new text end

new text begin (c) The commissioner of corrections may coordinate with the judicial branch to establish
a standardized notification form.
new text end

new text begin Subd. 3. new text end

new text begin Preliminary application. new text end

new text begin (a) An applicant shall submit a preliminary application
to the court administration of the judicial district in which the conviction took place. The
preliminary application must contain:
new text end

new text begin (1) the applicant's name and, if different, the name under which the person was convicted;
new text end

new text begin (2) the applicant's date of birth;
new text end

new text begin (3) the district court case number of the case for which the person is seeking relief;
new text end

new text begin (4) a statement as to whether the applicant was convicted following a trial or pursuant
to a plea;
new text end

new text begin (5) a statement as to whether the person filed a direct appeal from the conviction, a
petition for postconviction relief, or both;
new text end

new text begin (6) a brief statement, not to exceed 3,000 words, explaining why the applicant is entitled
to relief under this section from a conviction for the death of a human being caused by
another; and
new text end

new text begin (7) the name and address of any attorney representing the applicant.
new text end

new text begin (b) The preliminary application may contain:
new text end

new text begin (1) the name, date of birth, and district court case number of any other person charged
with, or convicted of, a crime arising from the same set of circumstances for which the
applicant was convicted; and
new text end

new text begin (2) a copy of a criminal complaint or indictment, or the relevant portions of a presentence
investigation or life imprisonment report, describing the facts of the case for which the
applicant was convicted.
new text end

new text begin (c) The judicial branch may establish a standardized preliminary application form, but
shall not reject a preliminary application for failure to use a standardized form.
new text end

new text begin (d) Any person seeking relief under this section must submit a preliminary application
no later than October 1, 2027. Submission is complete upon mailing.
new text end

new text begin (e) Submission of a preliminary application shall be without costs or any fees charged
to the applicant.
new text end

new text begin Subd. 4. new text end

new text begin Review of preliminary application. new text end

new text begin (a) Upon receipt of a preliminary
application, the chief judge of the judicial district in which the conviction took place shall
promptly assign the matter to a judge in that district.
new text end

new text begin (b) Within 90 days of receiving the preliminary application, the reviewing judge shall
determine whether, in the discretion of that judge, there is a reasonable probability that the
application is entitled to relief under this section.
new text end

new text begin (c) In making the determination under paragraph (b), the reviewing judge shall consider
the preliminary application and any materials submitted with the preliminary application
and may consider relevant records in the possession of the judicial branch.
new text end

new text begin (d) The court may summarily deny an application when:
new text end

new text begin (1) the application does not contain the information required under subdivision 3,
paragraph (a);
new text end

new text begin (2) the applicant is not in the custody of the commissioner of corrections or under court
supervision;
new text end

new text begin (3) the applicant was not convicted of a violation of Minnesota Statutes, section 609.185,
paragraph (a), clause (1), for crimes committed before August 1, 2025; or
new text end

new text begin (4) the issues raised in the application are not relevant to the relief available under this
section or have previously been decided by the court of appeals or the supreme court in the
same case.
new text end

new text begin (e) The court may also summarily deny an application if the applicant has filed a second
or successive preliminary application, any prior application was denied for a reason other
than that it did not contain the information required under subdivision 3, paragraph (a), and:
new text end

new text begin (1) the reviewing judge previously determined that there was a reasonable probability
that the applicant was entitled to relief, but a court determined that the petitioner did not
qualify for relief under subdivision 6;
new text end

new text begin (2) a previous application was submitted by an attorney representing the applicant; or
new text end

new text begin (3) the reviewing judge previously determined that there was not a reasonable probability
that the applicant is entitled to relief, the second or successive preliminary application does
not contain any additional information described in subdivision 3, paragraph (b), and the
second or successive preliminary application was submitted by someone other than an
attorney representing the applicant.
new text end

new text begin (f) If the reviewing judge determines that there is a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any, and the prosecutorial office responsible for prosecuting the applicant. In
the event the applicant is without counsel, the reviewing judge shall send notice to the state
public defender and shall advise the applicant of the referral.
new text end

new text begin (g) If the reviewing judge determines that there is not a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any. The notice must contain a brief statement explaining the reasons the
reviewing judge concluded that there is not a reasonable probability that the applicant is
entitled to relief.
new text end

new text begin Subd. 5. new text end

new text begin Petition for relief; hearing. new text end

new text begin (a) Unless extended for good cause, within 60
days of filing of the notice sent pursuant to subdivision 4, paragraph (f), the individual
seeking relief shall file and serve a petition to vacate the conviction. The petition must be
filed in the district court of the judicial district in the county where the conviction took place
and must contain the information identified in subdivision 3, paragraph (a), and a statement
of why the petitioner is entitled to relief. The petition may contain any other relevant
information, including police reports, trial transcripts, and plea transcripts involving the
petitioner or any other person investigated for, charged with, or convicted of a crime arising
out of the same set of circumstances for which the petitioner was convicted. The filing of
the petition and any document subsequent thereto and all proceedings thereon shall be
without costs or any fees charged to the petitioner.
new text end

new text begin (b) Upon filing of the petition, the prosecutor shall make a good faith and reasonable
effort to notify any person determined to be a victim of the underlying offense that a petition
has been filed.
new text end

new text begin (c) A county attorney representing the prosecutorial office shall respond to the petition
by answer or motion within 45 days after the filing of the petition pursuant to paragraph (a)
unless extended for good cause. The response shall be filed with the court administrator of
the district court and served on the petitioner if unrepresented or on the petitioner's attorney.
The response may serve notice of the intent to support the petition or include a statement
explaining why the petitioner is not entitled to relief along with any supporting documents.
The filing of the response and any document subsequent thereto and all proceedings thereon
shall be without costs or any fees charged to the county attorney.
new text end

new text begin (d) The petitioner may file a reply to the response filed by the county attorney within
15 days after the response is filed, unless extended for good cause.
new text end

new text begin (e) Within 30 days of the filing of the reply from the petition or, if no reply is filed,
within 30 days of the filing of the response from the county attorney, the court shall:
new text end

new text begin (1) issue an order and schedule the matter for sentencing or resentencing pursuant to
subdivision 6 if the county attorney indicates an intent to support the petition;
new text end

new text begin (2) issue an order denying the petition if additional information or submissions establish
that there is not a reasonable probability that the applicant is entitled to relief under this
section and include a memorandum identifying the additional information or submissions
and explaining the reasons why the court concluded that there is not a reasonable probability
that the applicant is entitled to relief; or
new text end

new text begin (3) schedule the matter for a hearing and issue any appropriate order regarding submission
of evidence or identification of witnesses.
new text end

new text begin (f) The hearing shall be held in open court and conducted pursuant to Minnesota Statutes,
section 590.04, except that the petitioner must be present at the hearing, unless excused
under Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3). The prosecutor
shall make a good faith and reasonable effort to notify any person determined to be a victim
of the hearing.
new text end

new text begin Subd. 6. new text end

new text begin Determination; order; resentencing. new text end

new text begin (a) A petitioner who was convicted of
a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (1), is entitled to
relief if the petitioner shows by a preponderance of the evidence that the petitioner:
new text end

new text begin (1) did not cause the death of a human being; and
new text end

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

new text begin (b) If the court determines that the petitioner does not qualify for relief, the court shall
issue an order denying the petition. 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 (1), and:
new text end

new text begin (1) resentence the petitioner for a remaining offense for which the petitioner was
convicted; or
new text end

new text begin (2) enter a conviction and impose a sentence for any lesser included offenses as described
in Minnesota Statutes, section 631.14.
new text end

new text begin (c) 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.
new text end

new text begin (d) If, pursuant to paragraph (b), 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
(b) would have resulted in a different criminal history score being used at the time of
sentencing.
new text end

new text begin (e) The court shall state in writing or on the record the reasons for its decision on the
petition.
new text end

new text begin (f) 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.
new text end

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

new text begin (h) 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025.
new text end