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Capital IconMinnesota Legislature

HF 737

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/06/2003

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to criminal procedure; providing that 
  1.3             government units are not required to pay defendants' 
  1.4             attorney fees for certain appeals; proposing coding 
  1.5             for new law as Minnesota Statutes, chapter 545A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [545A.01] [APPEAL OF PRETRIAL ORDERS; ATTORNEY 
  1.8   FEES; DEFENDANT; NOT GOVERNMENT RESPONSIBILITY.] 
  1.9      Notwithstanding Rule 28.04, subdivision 2, clause (6), of 
  1.10  the Rules of Criminal Procedure, the government unit is not 
  1.11  required to pay the attorney's fees and costs incurred by the 
  1.12  defendant on the unit's appeal of the following: 
  1.13     (1) in any case, from a pretrial order of the trial court; 
  1.14     (2) in felony cases from any sentence imposed or stayed by 
  1.15  the trial court; 
  1.16     (3) in any case, from an order granting postconviction 
  1.17  relief; 
  1.18     (4) in any case, from a judgment of acquittal by the trial 
  1.19  court entered after the jury returns a verdict of guilty under 
  1.20  Rule 26.03, subdivision 17(2) or (3), of the Rules of Criminal 
  1.21  Procedure; and 
  1.22     (5) in any case, from an order of the trial court vacating 
  1.23  judgment and dismissing the case made after the jury returns a 
  1.24  verdict of guilty under Rule 26.04, subdivision 2, of the Rules 
  1.25  of Criminal Procedure.