HF 1483

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 prevention; specifying that the 
  1.3             prosecution may reply in rebuttal to the closing 
  1.4             argument of the defense; amending Minnesota Statutes 
  1.5             1996, section 631.07. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 631.07, is 
  1.8   amended to read: 
  1.9      631.07 [ORDER OF FINAL ARGUMENT.] 
  1.10     When the giving of evidence is concluded in a criminal 
  1.11  trial, unless the case is submitted on both sides without 
  1.12  argument, the prosecution may make a closing argument to the 
  1.13  jury.  The defense may then make its closing argument to the 
  1.14  jury.  On the motion of the prosecution, the court may permit 
  1.15  the prosecution to reply in rebuttal if the court determines 
  1.16  that the defense has made in its closing argument a misstatement 
  1.17  of law or fact or a statement that is inflammatory or 
  1.18  prejudicial.  The rebuttal must be limited to a direct response 
  1.19  to the misstatement of law or fact or the inflammatory or 
  1.20  prejudicial statement.  The prosecution may then reply in 
  1.21  rebuttal to the closing argument of the defense. 
  1.22     Sec. 2.  [RULE SUPERSEDED.] 
  1.23     Minnesota Rules of Criminal Procedure, rule 26.03, 
  1.24  subdivision 11, is superseded to the extent it conflicts with 
  1.25  section 1. 
  2.1      Sec. 3.  [EFFECTIVE DATE.] 
  2.2      Sections 1 and 2 are effective August 1, 1997, and apply to 
  2.3   crimes committed on or after that date.