HF 535

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; barring perpetrators of 
  1.3             crimes from recovering for injuries sustained during 
  1.4             criminal conduct; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 611A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [611A.08] [BARRING PERPETRATORS OF CRIMES FROM 
  1.8   RECOVERING FOR INJURIES SUSTAINED DURING CRIMINAL CONDUCT.] 
  1.9      Subdivision 1.  [INJURY.] A perpetrator of a crime assumes 
  1.10  the risk of and does not have the right to recover damages for 
  1.11  any loss or injury caused by a crime victim if the victim makes 
  1.12  a prima facie showing that the loss or injury resulted from or 
  1.13  arose out of a course of criminal conduct involving a violent 
  1.14  crime engaged in by the perpetrator, or another person acting in 
  1.15  concert with the perpetrator, unless the perpetrator establishes 
  1.16  by clear and convincing evidence that: 
  1.17     (1) neither the perpetrator nor any other person acting in 
  1.18  concert with the perpetrator was engaged in the course of 
  1.19  criminal conduct; and 
  1.20     (2) the victim did not use reasonable force as authorized 
  1.21  in sections 609.06 and 609.065. 
  1.22     Subd. 2.  [DEATH.] The personal representative or 
  1.23  administrator of the estate of a perpetrator of a crime or the 
  1.24  trustee appointed under section 573.02, subdivision 3, does not 
  1.25  have the right to recover damages for any loss, injury, or death 
  2.1   caused by a crime victim, and the perpetrator assumes the risk 
  2.2   of the loss, injury, or death if the victim makes a prima facie 
  2.3   showing that the loss, injury, or death resulted from or arose 
  2.4   out of a course of criminal conduct involving a violent crime 
  2.5   engaged in by the perpetrator or another person acting in 
  2.6   concert with the perpetrator, unless the personal representative 
  2.7   or administrator of the estate of the perpetrator establishes by 
  2.8   clear and convincing evidence that: 
  2.9      (1) neither the perpetrator nor any other person acting in 
  2.10  concert with the perpetrator was engaged in the course of 
  2.11  criminal conduct; and 
  2.12     (2) the victim did not use reasonable force as authorized 
  2.13  in sections 609.06 and 609.065. 
  2.14     Subd. 3.  [SUMMARY JUDGMENT.] In any civil action in which 
  2.15  the defendant alleges that the loss, injury, or death for which 
  2.16  recovery of damages is sought resulted from or arose out of a 
  2.17  course of criminal conduct involving a violent crime against the 
  2.18  defendant engaged in by the plaintiff or the plaintiff's 
  2.19  decedent, upon the defendant making a prima facie showing of 
  2.20  these facts on motion for summary judgment, summary judgment 
  2.21  must be granted to the defendant unless the plaintiff presents 
  2.22  evidence that, in the opinion of the court, would be sufficient 
  2.23  for a jury to find that the conditions in subdivision 1 or 2 
  2.24  have been established by clear and convincing evidence. 
  2.25     Subd. 4.  [ATTORNEY'S FEES TO VICTIM.] If the perpetrator 
  2.26  does not prevail in all respects in a civil action that is 
  2.27  subject to this section, the court shall award reasonable 
  2.28  expenses, including attorney's fees and disbursements, to the 
  2.29  victim. 
  2.30     Subd. 5.  [VIOLENT CRIME; DEFINITION.] For purposes of this 
  2.31  section "violent crime" means an offense named in sections 
  2.32  609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 
  2.33  609.223; 609.2231; 609.224; 609.24; 609.245; 609.25; 609.255; 
  2.34  609.342; 609.343; 609.344; 609.345; 609.551, subdivision 1; 
  2.35  609.561; 609.562; 609.563; and 609.582, or an attempt to commit 
  2.36  any of these offenses.