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HF 1688

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/12/2009

Current Version - as introduced

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A bill for an act
relating to courts; authorizing the court to offer or agree to continuance for
dismissal; amending Minnesota Statutes 2008, sections 609.132; 631.21.

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

Section 1.

Minnesota Statutes 2008, section 609.132, is amended to read:


609.132 CONTINUANCE FOR DISMISSAL.

The decision to offer or agree to a continuance of a criminal prosecution is an
exercise of deleted text begin prosecutorialdeleted text end discretion resting deleted text begin solelydeleted text end with the prosecuting attorneynew text begin or with
the court
new text end .

Sec. 2.

Minnesota Statutes 2008, section 631.21, is amended to read:


631.21 DISMISSAL OF ACTION.

The court may order a criminal action, whether prosecuted upon indictment or
complaint, to be dismissednew text begin or continued for dismissalnew text end . The court may order dismissal
new text begin or continuance for dismissal new text end of an action either on its own motion or upon motion of the
prosecuting attorney and in furtherance of justice. If the court dismisses an action, the
reasons for the dismissal must be set forth in the order and entered upon the minutes. The
recommendations of the prosecuting officer in reference to dismissal, with reasons for
dismissal, must be stated in writing and filed as a public record with the official files of
the case.