SF 2200

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

Posted on 04/28/2025 09:41 a.m.

A bill for an act
relating to evidence; making restorative practices statements and documents
inadmissible in civil and criminal proceedings; classifying data; amending
Minnesota Statutes 2024, sections 142A.76, subdivision 8; 595.02, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 13.

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

Section 1.

new text begin [13.891] RESTORATIVE PRACTICE PARTICIPANT DATA.
new text end

new text begin (a) For purposes of this section, "restorative practice participant" has the meaning given
in section 595.02, subdivision 1b, paragraph (a), clause (2).
new text end

new text begin (b) Data collected, created, or maintained by a government entity that identifies an
individual as a restorative practice participant is private data on individuals but may be
disclosed for the purposes described in section 595.02, subdivision 1b, paragraph (b), clauses
(1) to (3), or paragraph (c). This section does not apply to personnel data, as defined in
section 13.43, subdivision 1, or to an individual who receives payment to facilitate a
restorative practice, as defined in section 142A.76, subdivision 1.
new text end

Sec. 2.

Minnesota Statutes 2024, section 142A.76, subdivision 8, is amended to read:

Subd. 8.

Report.

By February 15 of each year, the director shall report to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
public safety, human services, and education, on the work of the Office of Restorative
Practices, any grants issued pursuant to this section, and the status of local restorative
practices initiatives in the state that were reviewed in the previous year. new text begin The report on the
status of local restorative practices initiatives must incorporate data on recidivism, public
safety impacts, and financial investments in restorative practices.
new text end

Sec. 3.

Minnesota Statutes 2024, section 595.02, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Inadmissibility; exceptions. new text end

new text begin (a) For purposes of this subdivision:
new text end

new text begin (1) "restorative practice" has the meaning given in section 142A.76, subdivision 1; and
new text end

new text begin (2) "restorative practice participant" means a facilitator, a person who has caused harm,
a person who has been harmed, a community member, and any other person attending a
restorative practice.
new text end

new text begin (b) Statements made or documents offered in the course of a restorative practice are not
subject to discovery or admissible as evidence in a civil or criminal proceeding. This
paragraph does not apply:
new text end

new text begin (1) to statements or documents that are the subject of a report made pursuant to section
626.557 or chapter 260E;
new text end

new text begin (2) if a restorative practice participant reasonably believed that disclosure of a statement
or document was necessary to prevent reasonably certain death, great bodily harm, or
commission of a crime; or
new text end

new text begin (3) if the statement or document constitutes evidence of professional misconduct by a
restorative practice participant acting in the capacity of their professional or occupational
license.
new text end

new text begin (c) Notwithstanding paragraph (b), if a court orders a person who caused harm to
participate in a restorative practice, a person overseeing the restorative practice may disclose
information necessary to demonstrate whether the person who caused harm participated as
ordered.
new text end

new text begin (d) Evidence that is otherwise admissible or subject to discovery does not become
inadmissible or protected from discovery solely because it was discussed or used in a
restorative practice.
new text end