HF 848

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public defense; limiting representation by
public defenders to statutorily designated persons;
providing for public defender access to certain data;
amending Minnesota Statutes 2004, sections 611.14;
611.16; 611.25, subdivision 1; 611.272; repealing
Minnesota Statutes 2004, section 611.18.

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

Section 1.

Minnesota Statutes 2004, section 611.14, is
amended to read:

611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.

The following persons who are financially unable to obtain
counsel are entitled to be represented by a public defender:

(1) a person charged with a felony, gross misdemeanor, or
misdemeanor including a person charged under sections 629.01 to
629.29;

(2) a person appealing from a conviction of a felony or
gross misdemeanor, or a person convicted of a felony or gross
misdemeanor, who is pursuing a postconviction proceeding and who
has not already had a direct appeal of the conviction, but if
the person pled guilty and received a presumptive sentence or a
downward departure in sentence, and the state public defender
reviewed the person's case and determined that there was no
basis for an appeal of the conviction or of the sentence, then
the state public defender may decline to represent the person in
a postconviction remedy case;

(3) a person who is entitled to be represented by counsel
under section 609.14, subdivision 2; or

(4) a minor ten years of age or older who is entitled to be
represented by counsel under section 260B.163, subdivision 4, or
260C.163, subdivision 3.

new text begin The Board of Public Defense must not provide or pay for
public defender services to persons other than those entitled to
representation under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 611.16, is
amended to read:

611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.

Any person described in section 611.14 deleted text begin or any other person
entitled by law to representation by counsel, deleted text end may at any time
request the court in which the matter is pending, or the court
in which the conviction occurred, to appoint a public defender
to represent the person. In a proceeding defined by clause (2)
of section 611.14, application for the appointment of a public
defender may also be made to a judge of the Supreme Court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 611.25,
subdivision 1, is amended to read:

Subdivision 1.

Representation.

(a) The state public
defender shall represent, without charge:

(1) a defendant or other person appealing from a conviction
of a felony or gross misdemeanor;

(2) a person convicted of a felony or gross misdemeanor who
is pursuing a postconviction proceeding and who has not already
had a direct appeal of the conviction, but if the person pled
guilty and received a presumptive sentence or a downward
departure in sentence, and the state public defender reviewed
the person's case and determined that there was no basis for an
appeal of the conviction or of the sentence, then the state
public defender may decline to represent the person in a
postconviction remedy case; and

(3) a child who is appealing from a delinquency
adjudication or from an extended jurisdiction juvenile
conviction.

(b) The state public defender may represent, without
charge, all other persons pursuing a postconviction remedy under
section 590.01, who are financially unable to obtain counsel.

(c) deleted text begin The state public defender shall represent any other
person, who is financially unable to obtain counsel, when
directed to do so by the Supreme Court or the Court of Appeals,
except that deleted text end The state public defender shall not represent a
person in any action or proceeding in which a party is seeking a
monetary judgment, recovery or award. When requested by a
district public defender or appointed counsel, the state public
defender may assist the district public defender, appointed
counsel, or an organization designated in section 611.216 in the
performance of duties, including trial representation in matters
involving legal conflicts of interest or other special
circumstances, and assistance with legal research and brief
preparation. deleted text begin When the state public defender is directed by a
court to represent a defendant or other person, the state public
defender may assign the representation to any district public
defender.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 611.272, is
amended to read:

611.272 ACCESS TO GOVERNMENT DATA.

The district public defender, the state public defender, or
an attorney working for a public defense corporation under
section 611.216 has access to the criminal justice data
communications network described in section 299C.46, as provided
in this section. Access to data under this section is limited
to data deleted text begin regarding the public defender's own client as deleted text end necessary
to prepare criminal cases in which the public defender has been
appointed deleted text begin , including deleted text end new text begin as follows:
new text end

new text begin (1) access to data about witnesses in a criminal case shall
be limited to records of criminal convictions; and
new text end

new text begin (2) access to data regarding the public defender's own
client which includes new text end , but new text begin is new text end not limited to, criminal history
data under section 13.87; juvenile offender data under section
299C.095; warrant information data under section 299C.115;
incarceration data under section 299C.14; conditional release
data under section 299C.147; and diversion program data under
section 299C.46, subdivision 5.

new text begin The public defender has access to data under this section,
whether accessed via CriMNet or other methods. new text end The public
defender does not have access to law enforcement active
investigative data under section 13.82, subdivision 7; data
protected under section 13.82, subdivision 17; deleted text begin or deleted text end confidential
arrest warrant indices data under section 13.82, subdivision 19 new text begin ;
or data systems maintained by a prosecuting attorney new text end . The
public defender has access to the data at no charge, except for
the monthly network access charge under section 299C.46,
subdivision 3, paragraph (b), and a reasonable installation
charge for a terminal. Notwithstanding section 13.87,
subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48,
or any other law to the contrary, there shall be no charge to
public defenders for Internet access to the criminal justice
data communications network.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 611.18, is repealed
effective July 1, 2005.
new text end