HF 1229

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime victims and witnesses; authorizing 
  1.3             prosecutors to elect not to disclose a crime victim's 
  1.4             or witness's home or employment address or telephone 
  1.5             number under certain circumstances; amending Minnesota 
  1.6             Statutes 1996, section 611A.035. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 611A.035, is 
  1.9   amended to read: 
  1.10     611A.035 [CONFIDENTIALITY OF VICTIM'S ADDRESS.] 
  1.11     Subdivision 1.  [DISCRETION OF PROSECUTOR NOT TO DISCLOSE.] 
  1.12  A prosecutor may elect not to disclose a victim's or witness's 
  1.13  home or employment address or telephone number if the prosecutor 
  1.14  certifies to the trial court that: 
  1.15     (1) the defendant or respondent has been charged with or 
  1.16  alleged to have committed a crime of violence, as defined in 
  1.17  section 624.712, subdivision 5; 
  1.18     (2) the nondisclosure is needed to address the victim's or 
  1.19  witness's concerns about safety or security; 
  1.20     (3) the victim's or witness's home or employment address or 
  1.21  telephone number is not relevant to the prosecution's case; and 
  1.22     (4) the prosecutor or the prosecutor's agent is willing to 
  1.23  establish telephone contact between defense counsel or defense 
  1.24  counsel's agent and the victim or witness. 
  1.25     This subdivision shall not be construed to compel a victim 
  1.26  or witness to give any statement to defense counsel or defense 
  2.1   counsel's agent. 
  2.2      Subd. 2.  [WITNESS TESTIMONY IN COURT.] No victim or 
  2.3   witness providing testimony in court proceedings may be 
  2.4   compelled to state a home or employment address on the record in 
  2.5   open court unless the court finds that the testimony would be 
  2.6   relevant evidence.