HF 124

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

  1.1                          A bill for an act
  1.2             relating to criminal procedure; limiting a defendant's 
  1.3             opportunity to present mitigating information to the 
  1.4             court at the time of sentencing; amending Minnesota 
  1.5             Statutes 1996, section 631.20. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 631.20, is 
  1.8   amended to read: 
  1.9      631.20 [HEARING ON PUNISHMENT.] 
  1.10     (a) After a plea or verdict of guilty, if the court has 
  1.11  discretion as to the extent of the punishment, and if either 
  1.12  party suggests that there are aggravating or mitigating 
  1.13  circumstances which may be properly considered in imposing 
  1.14  sentence, the court may hear the issue summarily, at a specified 
  1.15  time, and upon notice to the adverse party as it may direct.  
  1.16  Except as otherwise limited under paragraph (b), the aggravating 
  1.17  or mitigating circumstances must be presented by the testimony 
  1.18  of witnesses examined in open court. 
  1.19     (b) The defendant or the defendant's attorney may speak on 
  1.20  the defendant's behalf, but the defendant is not allowed to 
  1.21  present mitigating information through other witnesses. 
  1.22     Sec. 2.  [EFFECT ON RULES OF CRIMINAL PROCEDURE.] 
  1.23     Rule 27.03 of the Minnesota Rules of Criminal Procedure is 
  1.24  superseded to the extent it conflicts with section 1. 
  1.25     Sec. 3.  [EFFECTIVE DATE.] 
  2.1      Sections 1 and 2 are effective August 1, 1997, and apply to 
  2.2   proceedings conducted on or after that date.