HF 776

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

  1.1                          A bill for an act
  1.2             relating to crime victim rights; permitting certain 
  1.3             neighborhood groups to request notification under the 
  1.4             crime victim bill of rights regarding certain crimes 
  1.5             committed in the neighborhood; proposing coding for 
  1.6             new law in Minnesota Statutes, chapter 611A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [611A.0395] [NEIGHBORHOOD ASSOCIATIONS; RIGHT 
  1.9   TO REQUEST NOTIFICATIONS REGARDING CERTAIN CRIMES.] 
  1.10     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.11     (1) "crime" includes controlled substance offenses, 
  1.12  prostitution offenses, dangerous weapon offenses, burglary, 
  1.13  criminal damage to property, arson, disorderly house offenses, 
  1.14  nuisance actions, unlawful detainer actions under section 
  1.15  504.181, and violations of noise ordinances; 
  1.16     (2) "neighborhood" means the geographic area described in 
  1.17  the neighborhood association's articles of incorporation or 
  1.18  bylaws; and 
  1.19     (3) "neighborhood association" means a nonprofit 
  1.20  corporation, organized under chapter 317A, which includes the 
  1.21  purposes of neighborhood development or improvement in its 
  1.22  articles of incorporation or bylaws. 
  1.23     Subd. 2.  [RIGHT TO REQUEST NOTIFICATIONS.] A neighborhood 
  1.24  association that complies with the registration requirements 
  1.25  described in subdivision 3 shall receive the following 
  1.26  notifications concerning crimes committed within the 
  2.1   association's neighborhood: 
  2.2      (1) notification by the prosecutor of the contents of the 
  2.3   prosecutor's plea agreement recommendation as provided in 
  2.4   section 611A.03; 
  2.5      (2) notification by the prosecutor of a decision to refer a 
  2.6   defendant to a pretrial diversion program in lieu of prosecution 
  2.7   as provided in section 611A.031; 
  2.8      (3) notification by the prosecutor of the scheduled trial 
  2.9   date in the case; 
  2.10     (4) notification by the prosecutor of the final disposition 
  2.11  of the case, as provided in section 611A.039; and 
  2.12     (5) in felony-level controlled substance cases, 
  2.13  notification by the preparer of the defendant's presentence 
  2.14  investigation report of the right to submit information 
  2.15  concerning the adverse effects the offense has had on the 
  2.16  neighborhood, as provided in section 609.115, subdivision 1. 
  2.17     Subd. 3.  [REGISTRATION PROCESS.] (a) A neighborhood 
  2.18  association that wishes to receive the notifications described 
  2.19  in subdivision 2 shall register its name, address, and the 
  2.20  specific crimes about which notification is sought with the city 
  2.21  attorney and county attorney who have prosecutorial jurisdiction 
  2.22  in the association's neighborhood.  The prosecuting authorities 
  2.23  shall forward a copy of the registration to the agency that 
  2.24  prepares presentence investigation reports in the jurisdiction. 
  2.25     (b) The neighborhood association also may request to be 
  2.26  notified of other offenses that are not "crimes" as defined in 
  2.27  this section.  However, unless the notification request is 
  2.28  limited to offenses committed at a particular, specified street 
  2.29  address, the prosecuting authority may decline to provide 
  2.30  notifications in these additional cases if doing so would overly 
  2.31  burden the notifying agencies.