HF 1309

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to courts; civil actions; regulating certain 
  1.3             civil actions brought by inmates; increasing the 
  1.4             liability limits for tort claims against state and 
  1.5             local government; providing for trustee liability for 
  1.6             a hazardous waste release; providing that maintenance 
  1.7             of abandoned or neglected cemeteries by a charitable 
  1.8             organization does not create an employment 
  1.9             relationship with local government units; including 
  1.10            occupational therapists in the health care 
  1.11            professionals statute of limitations; providing for 
  1.12            jury instruction and comment by counsel on the issue 
  1.13            of comparative fault; providing for damages and 
  1.14            injunctive relief for victims of bias offenses; 
  1.15            amending Minnesota Statutes 1994, sections 3.736, 
  1.16            subdivision 4; 115B.03, by adding a subdivision; 
  1.17            243.23, subdivision 3; 306.243, subdivision 3; 
  1.18            306.246; 466.04, subdivisions 1 and 3; 541.07; 549.20, 
  1.19            by adding a subdivision; 563.01, subdivision 3; and 
  1.20            604.01, subdivision 1; proposing coding for new law in 
  1.21            Minnesota Statutes, chapters 243; 244; 473; 563; and 
  1.22            611A. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24                             ARTICLE 1
  1.25                         INMATE LITIGATION
  1.26     Section 1.  Minnesota Statutes 1994, section 243.23, 
  1.27  subdivision 3, is amended to read: 
  1.28     Subd. 3.  [EXCEPTIONS.] Notwithstanding sections 241.26, 
  1.29  subdivision 5, and 243.24, subdivision 1, the commissioner may 
  1.30  promulgate rules for the disbursement of shall make deductions 
  1.31  from funds earned under subdivision 1, or other funds in an 
  1.32  inmate account, and section 243.88, subdivision 2.  The 
  1.33  commissioner shall first make deductions for the following 
  1.34  expenses in the following order of priority:  
  2.1      (1) federal and state taxes; 
  2.2      (2) repayment of advances; 
  2.3      (3) gate money as provided in section 243.24; and, where 
  2.4   applicable, mandatory savings as provided by United States Code, 
  2.5   title 18, section 1761, as amended.  The commissioner's rules 
  2.6   may then provide for disbursements to be made in the following 
  2.7   order of priority: 
  2.8      (1) for the 
  2.9      (4) support of families and dependent relatives of the 
  2.10  respective inmates; 
  2.11     (2) for the (5) payment of court-ordered restitution; 
  2.12     (3) for (6) payment of fees and costs in a civil action 
  2.13  commenced by an inmate; 
  2.14     (7) payment of fines, surcharges, or other fees assessed or 
  2.15  ordered by a court; 
  2.16     (4) for (8) contribution to any programs established by law 
  2.17  to aid victims of crime provided that the contribution shall not 
  2.18  be more than 20 percent of an inmate's gross wages; 
  2.19     (5) for the (9) payment of restitution to the commissioner 
  2.20  ordered by prison disciplinary hearing officers for damage to 
  2.21  property caused by an inmate's conduct; and 
  2.22     (6) (10) for the discharge of any legal obligations arising 
  2.23  out of litigation under this subdivision.  
  2.24     The commissioner may authorize the payment of court-ordered 
  2.25  restitution from an inmate's wages when the restitution was 
  2.26  ordered by the court as a sanction for the conviction of an 
  2.27  offense which is not the offense of commitment, including 
  2.28  offenses which occurred prior to the offense for which the 
  2.29  inmate was committed to the commissioner.  An inmate of an adult 
  2.30  correctional facility under the control of the commissioner is 
  2.31  subject to actions for the enforcement of support obligations 
  2.32  and reimbursement of any public assistance rendered the 
  2.33  dependent family and relatives.  The commissioner may 
  2.34  conditionally release an inmate who is a party to an action 
  2.35  under this subdivision and provide for the inmate's detention in 
  2.36  a local detention facility convenient to the place of the 
  3.1   hearing when the inmate is not engaged in preparation and 
  3.2   defense. 
  3.3      Sec. 2.  [243.241] [CIVIL ACTION MONEY DAMAGES.] 
  3.4      Money damages recovered in a civil action by an inmate 
  3.5   confined in a state correctional facility or released from a 
  3.6   state correctional facility under section 244.065 or 244.07 
  3.7   shall be deposited in the inmate account fund and disbursed 
  3.8   according to the priorities in section 243.23, subdivision 3. 
  3.9      Sec. 3.  [244.035] [SANCTIONS RELATED TO LITIGATION.] 
  3.10     The commissioner shall develop disciplinary sanctions to 
  3.11  provide infraction penalties for an inmate who the court finds 
  3.12  has submitted a frivolous or malicious claim or who has 
  3.13  testified falsely or has submitted false evidence to a court.  
  3.14  Infraction penalties may include loss of privileges, isolation 
  3.15  or punitive segregation, loss of good time, or adding discipline 
  3.16  confinement time. 
  3.17     Sec. 4.  Minnesota Statutes 1994, section 563.01, 
  3.18  subdivision 3, is amended to read: 
  3.19     Subd. 3.  Any court of the state of Minnesota or any 
  3.20  political subdivision thereof may authorize the commencement or 
  3.21  defense of any civil action, or appeal therein, without 
  3.22  prepayment of fees, costs and security for costs by a natural 
  3.23  person who makes affidavit stating (a) the nature of the action, 
  3.24  defense or appeal, (b) a belief that affiant is entitled to 
  3.25  redress, and (c) that affiant is financially unable to pay the 
  3.26  fees, costs and security for costs.  
  3.27     Upon a finding by the court that the action is not of a 
  3.28  frivolous nature, the court shall allow the person to proceed in 
  3.29  forma pauperis if the affidavit is substantially in the language 
  3.30  required by this subdivision and is not found by the court to be 
  3.31  untrue.  Persons meeting the requirements of this subdivision 
  3.32  include, but are not limited to, a person who is receiving 
  3.33  public assistance, who is represented by an attorney on behalf 
  3.34  of a civil legal services program or a volunteer attorney 
  3.35  program based on indigency, or who has an annual income not 
  3.36  greater than 125 percent of the poverty line established under 
  4.1   United States Code, title 42, section 9902(2), except as 
  4.2   otherwise provided by section 563.02. 
  4.3      Sec. 5.  [563.02] [INMATE LIABILITY FOR FEES AND COSTS.] 
  4.4      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  4.5   "inmate" means a person who is not represented by counsel, who 
  4.6   has been convicted of a felony, who is committed to the custody 
  4.7   of the commissioner of corrections, and is: 
  4.8      (1) confined in a state correctional facility; or 
  4.9      (2) released from a state correctional facility under 
  4.10  section 244.065 or 244.07. 
  4.11     Subd. 2.  [INMATE REQUEST TO PROCEED IN FORMA 
  4.12  PAUPERIS.] (a) An inmate who wishes to commence a civil action 
  4.13  by proceeding in forma pauperis must meet the following 
  4.14  requirements, in addition to the requirements of section 563.01, 
  4.15  subdivision 3: 
  4.16     (1) exhaust the inmate complaint procedure developed under 
  4.17  the commissioner of corrections policy and procedure before 
  4.18  commencing a civil action against the department, and state in 
  4.19  the application to proceed in forma pauperis that the inmate has 
  4.20  done so; and 
  4.21     (2) include the following information in an affidavit 
  4.22  submitted under section 563.01: 
  4.23     (i) a statement that the inmate's claim is not 
  4.24  substantially similar to a previous claim brought by the inmate 
  4.25  against the same party, arising from the same operative facts, 
  4.26  and in which there was an action that operated as an 
  4.27  adjudication on the merits; 
  4.28     (ii) complete information on the inmate's identity, the 
  4.29  nature and amount of the inmate's income, spouse's income, if 
  4.30  available to the inmate, real property owned by the inmate, and 
  4.31  the inmate's bank accounts, debts, monthly expenses, and number 
  4.32  of dependents; and 
  4.33     (iii) the most recent monthly statement provided by the 
  4.34  commissioner of corrections showing the balance in the inmate's 
  4.35  inmate account. 
  4.36     The inmate shall also attach a written authorization for 
  5.1   the court to obtain at any time during pendency of the present 
  5.2   action, without further authorization from the inmate, a current 
  5.3   statement of the inmate's inmate account balance, if needed to 
  5.4   determine eligibility to proceed with bringing a civil action in 
  5.5   forma pauperis.  An inmate who has no funds in an inmate account 
  5.6   satisfies the requirement of section 563.01, subdivision 3, 
  5.7   clause (c). 
  5.8      (b) An inmate who seeks to proceed as a plaintiff in forma 
  5.9   pauperis must file with the court the complaint in the action 
  5.10  and the affidavit under this section before serving the 
  5.11  complaint on an opposing party. 
  5.12     (c) An inmate who has funds in an inmate account may only 
  5.13  proceed as a plaintiff in a civil action by paying the lesser of:
  5.14     (1) the applicable court filing fee; or 
  5.15     (2) 50 percent of the balance shown in the inmate's account 
  5.16  according to the statement filed with the court under this 
  5.17  subdivision, consistent with the requirements of section 243.23, 
  5.18  subdivision 3.  
  5.19     If an inmate elects to proceed under this paragraph, the 
  5.20  court shall notify the commissioner of corrections to withdraw 
  5.21  from the inmate's inmate account the amount required under this 
  5.22  section and forward the amount to the court administrator in the 
  5.23  county where the action was commenced.  The court shall also 
  5.24  notify the commissioner of corrections of the amount of the 
  5.25  filing fee remaining unpaid.  The commissioner shall continue 
  5.26  making withdrawals from the inmate's account and forwarding the 
  5.27  amounts withdrawn to the court administrator, at intervals as 
  5.28  the applicable funds in the inmate's account equal at least $10, 
  5.29  until the entire filing fee and any costs have been paid in full.
  5.30     Subd. 3.  [DISMISSAL OF ACTION.] (a) The court may, as 
  5.31  provided by this subdivision, dismiss, in whole or in part, an 
  5.32  action in which an affidavit has been filed under section 563.01 
  5.33  by an inmate seeking to proceed as a plaintiff.  The action 
  5.34  shall be dismissed without prejudice on a finding that the 
  5.35  allegation of financial inability to pay fees, costs, and 
  5.36  security for costs is false.  The action shall be dismissed with 
  6.1   prejudice if it is frivolous or malicious.  In determining 
  6.2   whether an action is frivolous or malicious, the court may 
  6.3   consider whether: 
  6.4      (1) the claim has no arguable basis in law or fact; or 
  6.5      (2) the claim is substantially similar to a previous claim 
  6.6   that was brought against the same party, arises from the same 
  6.7   operative facts, and in which there was an action that operated 
  6.8   as an adjudication on the merits.  An order dismissing the 
  6.9   action or specific claims asserted in the action may be entered 
  6.10  before or after service of process, and with or without holding 
  6.11  a hearing. 
  6.12     If the court dismisses a specific claim in the action, it 
  6.13  shall designate any issue and defendant on which the action is 
  6.14  to proceed without the payment of fees and costs.  An order 
  6.15  under this subdivision is not subject to interlocutory appeal. 
  6.16     (b) To determine whether the allegation of financial 
  6.17  inability to pay fees, costs, and security for costs is false or 
  6.18  whether the claim is frivolous or malicious, the court may: 
  6.19     (1) request the commissioner of corrections to file a 
  6.20  report under oath responding to the issues described in 
  6.21  paragraph (a), clause (1) or (2); 
  6.22     (2) order the commissioner of corrections to furnish 
  6.23  information on the balance in the inmate's inmate account, if 
  6.24  authorized by the inmate under subdivision 2; or 
  6.25     (3) hold a hearing at the correctional facility where the 
  6.26  inmate is confined on the issue of whether the allegation of 
  6.27  financial inability to pay is false, or whether the claim is 
  6.28  frivolous or malicious. 
  6.29     Subd. 4.  [DEFENSE WITHOUT FEES OR COSTS.] A natural person 
  6.30  who is named as a defendant in a civil action brought by an 
  6.31  inmate may appear and defend the action, including any appeal in 
  6.32  the action, without prepayment of the filing fee.  If the action 
  6.33  is dismissed under rule 12 or 56 of the rules of civil 
  6.34  procedure, the inmate is liable for the person's fees and costs, 
  6.35  including reasonable attorney fees.  In all other instances, the 
  6.36  defendant shall pay the defendant's fees and costs at the 
  7.1   conclusion of the action or when ordered by the court. 
  7.2      Sec. 6.  [EFFECTIVE DATE; APPLICATION.] 
  7.3      Section 2 is effective August 1, 1995, and applies to 
  7.4   causes of action arising on or after that date. 
  7.5      Section 5 is effective August 1, 1995, and applies to 
  7.6   actions filed on or after that date. 
  7.7                              ARTICLE 2
  7.8                   OTHER CIVIL LIABILITY PROVISIONS
  7.9      Section 1.  Minnesota Statutes 1994, section 3.736, 
  7.10  subdivision 4, is amended to read: 
  7.11     Subd. 4.  [LIMITS.] The total liability of the state and 
  7.12  its employees acting within the scope of their employment on any 
  7.13  tort claim shall not exceed: 
  7.14     (a) $200,000 $250,000 when the claim is one for death by 
  7.15  wrongful act or omission and $200,000 $250,000 to any claimant 
  7.16  in any other case; 
  7.17     (b) $600,000 $750,000 for any number of claims arising out 
  7.18  of a single occurrence, for claims arising on or after January 
  7.19  1, 1996, and before January 1, 2000; or 
  7.20     (c) $1,000,000 for any number of claims arising out of a 
  7.21  single occurrence, for claims arising on and after January 1, 
  7.22  2000. 
  7.23     If the amount awarded to or settled upon multiple claimants 
  7.24  exceeds $600,000 the applicable limit under clause (b) or (c), 
  7.25  any party may apply to the district court to apportion to each 
  7.26  claimant a proper share of the $600,000 amount available under 
  7.27  the applicable limit under clause (b) or (c).  The share 
  7.28  apportioned to each claimant shall be in the proportion that the 
  7.29  ratio of the award or settlement bears to the aggregate awards 
  7.30  and settlements for all claims arising out of the occurrence. 
  7.31     The limitation imposed by this subdivision on individual 
  7.32  claimants includes damages claimed for loss of services or loss 
  7.33  of support arising out of the same tort. 
  7.34     Sec. 2.  Minnesota Statutes 1994, section 115B.03, is 
  7.35  amended by adding a subdivision to read: 
  7.36     Subd. 8.  [TRUSTEE LIABILITY.] A trustee who is not 
  8.1   otherwise a responsible party for a release or threatened 
  8.2   release of a hazardous substance from a facility is not a 
  8.3   responsible person under this section solely because the 
  8.4   facility is among the trust assets or solely because the trustee 
  8.5   has the capacity to direct the operation of the facility. 
  8.6      Sec. 3.  Minnesota Statutes 1994, section 306.243, 
  8.7   subdivision 3, is amended to read: 
  8.8      Subd. 3.  [DELEGATION OF DUTIES.] The management and 
  8.9   supervision of the maintenance and care of the abandoned 
  8.10  cemeteries, and abandoned or neglected private cemeteries, or 
  8.11  the removal of bodies as provided in this section must be 
  8.12  delegated by the county board to the county highway department 
  8.13  or to some existing cemetery association, veterans organization 
  8.14  or Boy Scouts of America Area Council, or other charitable 
  8.15  institution.  That organization is responsible to the county 
  8.16  board for its acts.  If the county board delegates work 
  8.17  described in this subdivision to an organization described in 
  8.18  this section, other than the county highway department, then 
  8.19  persons who do the work under the auspices of the organization 
  8.20  are not, solely on that basis, employees of the county. 
  8.21     Sec. 4.  Minnesota Statutes 1994, section 306.246, is 
  8.22  amended to read: 
  8.23     306.246 [CEMETERY MAINTENANCE FUNDS.] 
  8.24     A county, city, or town may disburse funds for the general 
  8.25  maintenance of abandoned or neglected cemeteries.  If a county, 
  8.26  city, or town contracts with or permits a charitable 
  8.27  organization to maintain those cemeteries, the persons who do 
  8.28  the work under the auspices of the organization are not, solely 
  8.29  on that basis, employees of the county, city, or town. 
  8.30     Sec. 5.  Minnesota Statutes 1994, section 466.04, 
  8.31  subdivision 1, is amended to read: 
  8.32     Subdivision 1.  [LIMITS; PUNITIVE DAMAGES.] (a) Liability 
  8.33  of any municipality on any claim within the scope of sections 
  8.34  466.01 to 466.15 shall not exceed:  
  8.35     (1) $200,000 $250,000 when the claim is one for death by 
  8.36  wrongful act or omission and $200,000 $250,000 to any claimant 
  9.1   in any other case; 
  9.2      (2) $600,000 $750,000 for any number of claims arising out 
  9.3   of a single occurrence, for claims arising on or after January 
  9.4   1, 1996, and before January 1, 2000; or 
  9.5      (3) $1,000,000 for any number of claims arising out of a 
  9.6   single occurrence, for claims arising on or after January 1, 
  9.7   2000; or 
  9.8      (4) twice the limits provided in clauses (1) and (2) to (3) 
  9.9   when the claim arises out of the release or threatened release 
  9.10  of a hazardous substance, whether the claim is brought under 
  9.11  sections 115B.01 to 115B.15 or under any other law.  
  9.12     (b) No award for damages on any such claim shall include 
  9.13  punitive damages. 
  9.14     Sec. 6.  Minnesota Statutes 1994, section 466.04, 
  9.15  subdivision 3, is amended to read: 
  9.16     Subd. 3.  [DISPOSITION OF MULTIPLE CLAIMS.] Where the 
  9.17  amount awarded to or settled upon multiple claimants exceeds 
  9.18  $600,000 the applicable limit under subdivision 1, clauses (2) 
  9.19  to (4), any party may apply to any district court to apportion 
  9.20  to each claimant a proper share of the total amount limited by 
  9.21  subdivision 1.  The share apportioned each claimant shall be in 
  9.22  the proportion that the ratio of the award or settlement made to 
  9.23  each bears to the aggregate awards and settlements for all 
  9.24  claims arising out of the occurrence. 
  9.25     Sec. 7.  [473.89] [ENFORCEMENT.] 
  9.26     Subdivision 1.  [CITIZEN ACTIONS.] Any person residing in 
  9.27  the state may maintain a civil action in the district court in 
  9.28  the name of the state of Minnesota against the council to seek 
  9.29  an order requiring the council to (1) implement its adopted 
  9.30  policies, or (2) require a local government to adopt and 
  9.31  implement a local comprehensive plan that is consistent with the 
  9.32  provisions of sections 462.355, subdivision 4, 473.175, and 
  9.33  473.851 to 473.871, and that promotes the adopted policies of 
  9.34  the council in the metropolitan development guide.  A person may 
  9.35  bring an action under this subdivision in the district court in 
  9.36  which the local government unit is located.  If the person 
 10.1   prevails, the court shall award the person costs and reasonable 
 10.2   attorney's fees. 
 10.3      Subd. 2.  [COUNCIL AUTHORITY.] If a local government unit 
 10.4   fails to adopt a local comprehensive plan consistent with the 
 10.5   provisions of sections 462.355, subdivision 4, 473.175, and 
 10.6   473.851 to 473.871, or if the council determines that a local 
 10.7   government has failed to adopt and implement the official 
 10.8   controls necessary to implement the approved local comprehensive 
 10.9   plan and the council's adopted policies and plans in the 
 10.10  metropolitan development guide, the council may maintain a civil 
 10.11  action to seek enforcement of the provisions of sections 
 10.12  462.355, subdivision 4, 473.175, and 473.851 to 473.871, in the 
 10.13  district court where the local government unit is located.  The 
 10.14  court shall award costs and reasonable attorney's fees to the 
 10.15  prevailing party. 
 10.16     Sec. 8.  Minnesota Statutes 1994, section 541.07, is 
 10.17  amended to read: 
 10.18     541.07 [TWO- OR THREE-YEAR LIMITATIONS.] 
 10.19     Except where the Uniform Commercial Code, this section, 
 10.20  section 148A.06, or section 541.073 otherwise prescribes, the 
 10.21  following actions shall be commenced within two years: 
 10.22     (1) for libel, slander, assault, battery, false 
 10.23  imprisonment, or other tort, resulting in personal injury, and 
 10.24  all actions against physicians, surgeons, dentists, occupational 
 10.25  therapists, other health care professionals as defined in 
 10.26  section 145.61, and veterinarians as defined in chapter 156, 
 10.27  hospitals, sanitariums, for malpractice, error, mistake or 
 10.28  failure to cure, whether based on contract or tort; provided a 
 10.29  counterclaim may be pleaded as a defense to any action for 
 10.30  services brought by a physician, surgeon, dentist, or other 
 10.31  health care professional or veterinarian, hospital or 
 10.32  sanitarium, after the limitations herein described 
 10.33  notwithstanding it is barred by the provisions of this chapter, 
 10.34  if it was the property of the party pleading it at the time it 
 10.35  became barred and was not barred at the time the claim sued on 
 10.36  originated, but no judgment thereof except for costs can be 
 11.1   rendered in favor of the party so pleading it; 
 11.2      (2) upon a statute for a penalty or forfeiture, except as 
 11.3   provided in sections 541.074 and 541.075; 
 11.4      (3) for damages caused by a dam, other than a dam used for 
 11.5   commercial purposes; but as against one holding under the 
 11.6   preemption or homestead laws, the limitations shall not begin to 
 11.7   run until a patent has been issued for the land so damaged; 
 11.8      (4) against a master for breach of an indenture of 
 11.9   apprenticeship; the limitation runs from the expiration of the 
 11.10  term of service; 
 11.11     (5) for the recovery of wages or overtime or damages, fees 
 11.12  or penalties accruing under any federal or state law respecting 
 11.13  the payment of wages or overtime or damages, fees or penalties 
 11.14  except, that if the employer fails to submit payroll records by 
 11.15  a specified date upon request of the department of labor and 
 11.16  industry or if the nonpayment is willful and not the result of 
 11.17  mistake or inadvertence, the limitation is three years.  (The 
 11.18  term "wages" means all remuneration for services or employment, 
 11.19  including commissions and bonuses and the cash value of all 
 11.20  remuneration in any medium other than cash, where the 
 11.21  relationship of master and servant exists and the term "damages" 
 11.22  means single, double, or treble damages, accorded by any 
 11.23  statutory cause of action whatsoever and whether or not the 
 11.24  relationship of master and servant exists); 
 11.25     (6) for damages caused by the establishment of a street or 
 11.26  highway grade or a change in the originally established grade; 
 11.27     (7) against the person who applies the pesticide for injury 
 11.28  or damage to property resulting from the application, but not 
 11.29  the manufacture or sale, of a pesticide. 
 11.30     Sec. 9.  Minnesota Statutes 1994, section 549.20, is 
 11.31  amended by adding a subdivision to read: 
 11.32     Subd. 6.  [LIMITATION ON PUNITIVE DAMAGES.] (a) In general, 
 11.33  punitive damages otherwise permitted by applicable law shall not 
 11.34  be awarded against the manufacturer or seller of a product or 
 11.35  device that caused the harm claimed by the plaintiff if: 
 11.36     (1) the product or device was subject to approval under 
 12.1   United States Code, title 21, section 355, or premarket approval 
 12.2   under United States Code, title 21, section 360e, by the Food 
 12.3   and Drug Administration with respect to the safety of 
 12.4   formulation or performance of the aspect of the product or 
 12.5   device that caused the harm, or by the adequacy of the packaging 
 12.6   or labeling of the product or device; and 
 12.7      (2) the product or device was approved by the Food and Drug 
 12.8   Administration.  
 12.9      (b) Paragraph (a) does not apply in a case in which it is 
 12.10  determined on the basis of clear and convincing evidence that 
 12.11  the defendant:  
 12.12     (1) withheld from or misrepresented to the Food and Drug 
 12.13  Administration information concerning the product or device that 
 12.14  is required to be submitted under the federal Food, Drug and 
 12.15  Cosmetic Act that is material and relevant to the harm suffered 
 12.16  by the claimant; 
 12.17     (2) made an illegal payment to an official of the Food and 
 12.18  Drug Administration for the purpose of securing approval of the 
 12.19  product or device; or 
 12.20     (3) failed to use reasonable care to comply with Food and 
 12.21  Drug Administration regulations concerning the manufacture of, 
 12.22  or the investigation and correction of defects in design or 
 12.23  manufacture of, a medical device, and the failure to comply has 
 12.24  caused the harm suffered by the plaintiff. 
 12.25     Sec. 10.  Minnesota Statutes 1994, section 604.01, 
 12.26  subdivision 1, is amended to read: 
 12.27     Subdivision 1.  [SCOPE OF APPLICATION.] Contributory fault 
 12.28  does not bar recovery in an action by any person or the person's 
 12.29  legal representative to recover damages for fault resulting in 
 12.30  death, in injury to person or property, or in economic loss, if 
 12.31  the contributory fault was not greater than the fault of the 
 12.32  person against whom recovery is sought, but any damages allowed 
 12.33  must be diminished in proportion to the amount of fault 
 12.34  attributable to the person recovering.  The court may, and when 
 12.35  requested by any party shall, direct the jury to find separate 
 12.36  special verdicts determining the amount of damages and the 
 13.1   percentage of fault attributable to each party and the court 
 13.2   shall then reduce the amount of damages in proportion to the 
 13.3   amount of fault attributable to the person recovering. 
 13.4      In actions involving this chapter, the court shall inform 
 13.5   the jury of the effect of its answers to the comparative fault 
 13.6   question and shall permit counsel to comment thereon, unless the 
 13.7   court is of the opinion that doubtful or unresolved questions of 
 13.8   law or complex issues of law or fact are involved which may 
 13.9   render the instruction or comment erroneous, misleading, or 
 13.10  confusing to the jury. 
 13.11     Sec. 11.  [611A.08] [BARRING PERPETRATORS OF CRIMES FROM 
 13.12  RECOVERING FOR INJURIES SUSTAINED DURING CRIMINAL CONDUCT.] 
 13.13     Subdivision 1.  [DEFINITION.] As used in this section, 
 13.14  "perpetrator" means a person who has been convicted of 
 13.15  committing a violent crime. 
 13.16     Subd. 2.  [INJURY.] A perpetrator assumes the risk of and 
 13.17  does not have the right to recover damages for any loss or 
 13.18  injury caused by a crime victim if the victim makes a prima 
 13.19  facie showing that the loss or injury resulted from or arose out 
 13.20  of a course of criminal conduct involving a violent crime 
 13.21  engaged in by the perpetrator or an accomplice, as defined in 
 13.22  section 609.05, unless the perpetrator establishes by competent 
 13.23  evidence that: 
 13.24     (1) neither the perpetrator nor any accomplice was engaged 
 13.25  in the course of conduct involving a violent crime; or 
 13.26     (2) the victim did not use reasonable force as authorized 
 13.27  in sections 609.06 and 609.065. 
 13.28     Subd. 3.  [DEATH.] The personal representative or 
 13.29  administrator of the estate of a perpetrator or the trustee 
 13.30  appointed under section 573.02, subdivision 3, does not have the 
 13.31  right to recover damages for any loss, injury, or death caused 
 13.32  by a crime victim, and the perpetrator assumes the risk of the 
 13.33  loss, injury, or death if the victim makes a prima facie showing 
 13.34  that the loss, injury, or death resulted from or arose out of a 
 13.35  course of criminal conduct involving a violent crime engaged in 
 13.36  by the perpetrator or an accomplice, unless the personal 
 14.1   representative or administrator of the estate of the perpetrator 
 14.2   establishes by competent evidence that: 
 14.3      (1) neither the perpetrator nor any accomplice was engaged 
 14.4   in the course of conduct involving a violent crime; or 
 14.5      (2) the victim did not use reasonable force as authorized 
 14.6   in sections 609.06 and 609.065. 
 14.7      Subd. 4.  [SUMMARY DISPOSITION.] In any civil action in 
 14.8   which the defendant alleges that the loss, injury, or death for 
 14.9   which recovery of damages is sought resulted from or arose out 
 14.10  of a course of criminal conduct involving a violent crime 
 14.11  against the defendant engaged in by the plaintiff or the 
 14.12  plaintiff's decedent, upon the defendant making a prima facie 
 14.13  showing of these facts on motion for summary disposition, 
 14.14  summary disposition must be granted to the defendant unless the 
 14.15  plaintiff presents evidence that, in the opinion of the court, 
 14.16  would be sufficient for a jury to find that the conditions in 
 14.17  subdivision 1 or 2 have been established by competent evidence.  
 14.18  Notwithstanding other proof which the defendant may adduce, a 
 14.19  certified copy of a court's judgment of guilt relating to the 
 14.20  offense involving the plaintiff or the plaintiff's decedent 
 14.21  constitutes a prima facie showing for purposes of this section. 
 14.22     Subd. 5.  [ATTORNEY'S FEES TO VICTIM.] If the perpetrator 
 14.23  does not prevail in a civil action that is subject to this 
 14.24  section, the court may award reasonable expenses, including 
 14.25  attorney's fees and disbursements, to the victim. 
 14.26     Subd. 6.  [STAY OF CIVIL ACTION.] Except to the extent 
 14.27  needed to preserve evidence, any civil action in which the 
 14.28  defense set forth in subdivision 1 or 2 is raised shall be 
 14.29  stayed by the court on the motion of the defendant during the 
 14.30  pendency of any criminal action against the plaintiff based on 
 14.31  the alleged violent crime. 
 14.32     Subd. 7.  [VIOLENT CRIME; DEFINITION.] For purposes of this 
 14.33  section, "violent crime" means an offense named in sections 
 14.34  609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 
 14.35  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.342; 
 14.36  609.343; 609.344; 609.345; 609.561; 609.562; 609.563; and 
 15.1   609.582, or an attempt to commit any of these offenses. 
 15.2      Sec. 12.  [611A.78] [CIVIL DAMAGES FOR BIAS OFFENSES.] 
 15.3      Subdivision 1.  [DEFINITION.] For purposes of this section, 
 15.4   "bias offense" means conduct that would constitute a crime and 
 15.5   was committed because of the victim's or another's actual or 
 15.6   perceived race, color, religion, sex, sexual orientation, 
 15.7   disability as defined in section 363.01, age, or national origin.
 15.8      Subd. 2.  [CAUSE OF ACTION; DAMAGES AND FEES; 
 15.9   INJUNCTION.] A person who is damaged by a bias offense has a 
 15.10  civil cause of action against the person who committed the 
 15.11  offense.  The plaintiff is entitled to recover: 
 15.12     (1) the greater of $500 or actual general and special 
 15.13  damages, including damages for emotional distress; 
 15.14     (2) punitive damages; and 
 15.15     (3) reasonable costs and attorney's fees. 
 15.16     A plaintiff also may obtain an injunction or other 
 15.17  appropriate relief. 
 15.18     Subd. 3.  [RELATION TO CRIMINAL PROCEEDING; BURDEN OF 
 15.19  PROOF.] A person may bring an action under this section 
 15.20  regardless of the existence or outcome of criminal proceedings 
 15.21  involving the bias offense that is the basis for the action.  
 15.22  The burden of proof in an action under this section is 
 15.23  preponderance of the evidence. 
 15.24     Subd. 4.  [PARENTAL LIABILITY.] Section 540.18 applies to 
 15.25  actions under this section, except that: 
 15.26     (1) the parent or guardian is liable for all types of 
 15.27  damages awarded under this section in an amount not exceeding 
 15.28  $5,000; and 
 15.29     (2) the parent or guardian is not liable if the parent or 
 15.30  guardian made reasonable efforts to exercise control over the 
 15.31  minor's behavior. 
 15.32     Subd. 5.  [OTHER RIGHTS PRESERVED.] The remedies under this 
 15.33  section do not affect any rights or remedies of the plaintiff 
 15.34  under other law. 
 15.35     Sec. 13.  [EFFECTIVE DATE; APPLICATION.] 
 15.36     Sections 3 and 4 are effective the day following final 
 16.1   enactment. 
 16.2      Section 8 is effective August 1, 1995, and applies to 
 16.3   causes of action arising on or after that date. 
 16.4      Section 12 is effective August 1, 1995, and applies to 
 16.5   offenses committed on or after that date. 
 16.6      Sections 1, 5, and 6 are effective January 1, 1996, and 
 16.7   apply to claims for acts or omissions occurring on or after that 
 16.8   date. 
 16.9      Section 7 applies in the counties of Anoka, Carver, Dakota, 
 16.10  Hennepin, Ramsey, Scott, and Washington.