Legislative Session number- 83

Bill Name: SF1860

Relating to crimeARTICLE 1 - DEATH PENALTY PROCEDURESAuthorizing and providing
for court imposition of the death penalty +for conviction of murder in the first
degree under certain aggravating circumstances; requiring notice by the
prosecuting attorney to the +court and the defendant of the intent to seek the
death sentence in the event +of conviction; requiring the court to order
appointment of counsel in +death penalty cases, exception; excluding certain
cases from imposition of +the death sentence; requiring and providing for a
separate sentencing proceeding to +determine imposition of the death or other
sentence, specifying certain +aggravating and mitigating circumstances;
excluding mental retardation cases from +imposition of the death penalty;
providing for imposition of the death sentence or +of life without the
possibility of release upon findings by the jury of +aggravating or mitigating
circumstance, prohibiting the carrying out of the sentence+ of death on persons
committing the crime as a minor, on persons with mental +illness and on pregnant
persons; providing for execution of the sentence by +lethal injection,
administrative requirements, requiring the pronunciation +of death by a licensed
physician; subjecting a sentence of death to automatic +review by the supreme
court, procedure, specifying certain review guidelines, +requiring notice to the
governor; requiring the supreme court to establish by +rule a unified review
procedure to provide for presentation to the +sentencing and supreme courts
possible challenges to the trial, conviction, sentence+ and detention of
defendants sentenced to death, procedure to govern +pretrial and posttrial
appellate review of death penalty cases; requiring the +supreme court to
establish by rule a series of checklists to be used by the trial +court, the
prosecuting attorney and defense counsel before, during and after the+ trial to
assure consideration and assertion of all possible matters of +defense;
providing for stay of execution of death by the governor in cases of +mental
illness or pregnancy; providing for issuance of the death warrant by +the
governor after notice from the supreme court of the upholding of the +death
sentence and for reassignment of inmates with set aside death +sentences from
the death unit; specifying certain duties of the commissioner of +corrections in
designating the place of execution and of the chief executive officer+ of the
designated maximum security facility; classifying information +relating to the
identity and compensation of the executioner; specifying certain +execution
witness requirements; requiring signing and return of the death +warrant after
execution to the governor and filing of an attested copy of the +warrant with
the court administrator imposing the sentence; providing for warrant +issuance
by and return to the supreme court under certain conditions; +requiring the
state to reimburse counties for costs incurred in prosecuting cases +involving
the death penalty; requiring attorney general prosecutorial +assistance upon
county prosecutor requestARTICLE 2 - BEST PRACTICES CAPITAL PUNISHMENT MODEL AND
PROSECUTORIAL+ CHARGE GUIDELINESEstablishing the Minnesota capital punishment
policy commission to +design, develop and maintain a best practices capital
punishment model policy+ governing the institutional architecture and operation
of capital punishment in+ the state, specifying certain commission membership
and policy content requirements; requiring the commission to coordinate and work
with collaborative task forces to assist in developing best practices
recommendations and to serve as a clearinghouse and information +center for the
collection, preparation, analysis and dissemination of information on+ capital
sentencing practices in other jurisdictions; requiring the +commissioner of
corrections to provide assistance to the commission; requiring the +commission
to adopt death penalty guidelines for the prosecutorial charge +decision,
specifying certain guidelines requirements; requiring the office of +the
attorney general to establish a capital charge review panel to ensure+ the
consistency of charging the death penalty in accordance with public +policy and
the capital punishment doctrine of the federal supreme court, +specifying
certain duties of the attorney general; requiring the state public +defender to
establish a capital defense and trial services unit and the manager +of the unit
to establish a public defense function task force, the attorney +general to
establish a capital prosecution and trial support division and the +manager of
the division to establish a capital prosecution function task force +and the
state court administrator to appoint a capital punishment task force +to develop
recommendations relating to the judicial function; requesting the +supreme court
to develop recommendations relating to capital case jurors and jury
instructions; requiring the superintendent of the bureau of criminal
apprehension (BCA) to develop uniform procedures and protocols for +collection
and preservation of evidence in murder cases, requiring creation of a+ capital
cases DNA data bank; requiring the capital punishment policy +commission to
appoint a task force to assist in developing continuing education +programs and
minimum standards of professional competence in death penalty +litigation and a
task force to assist in calculating the costs of a capital punishment+ sanction
system, specifying certain membership requirements and duties; +imposing a
schedule for implementation of the death penalty; specifying certain +reporting
requirements ARTICLE 3 � APPROPRIATIONS FOR CAPITAL PUNISHMENT Appropriating
money to the commissioner of corrections, to the +bureau of criminal
apprehension (BCA), to the board of public defense, to the +attorney general and
to the supreme and district courts to carry out the +required functions and to
the commissioner of finance to reimburse counties +for prosecuting capital cases
ARTICLE 4 - TECHNICAL AMENDMENTSMaking conforming amendments to certain
statutory provisions relating+ to conditional release, sentences available, the
sentencing of persons +for certain heinous crimes, parole or discharge, stay of
sentence and the +sentence for murder in the first degree (je)