HF 2134

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; creating a criminal gang 
  1.3             prosecution council to support work of the Minnesota 
  1.4             criminal gang council and strike force, prosecute 
  1.5             crimes committed by criminal gangs throughout the 
  1.6             state, and develop criminal gang prosecution 
  1.7             guidelines; providing the attorney general 
  1.8             jurisdiction to prosecute criminal gang cases referred 
  1.9             by the Minnesota gang oversight council or Minnesota 
  1.10            gang strike force; amending Minnesota Statutes 1998, 
  1.11            sections 8.01; and 299A.64, by adding subdivisions. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 8.01, is 
  1.14  amended to read: 
  1.15     8.01 [APPEARANCE.] 
  1.16     The attorney general shall appear for the state in all 
  1.17  causes in the supreme and federal courts wherein the state is 
  1.18  directly interested; also in all civil causes of like nature in 
  1.19  all other courts of the state whenever, in the attorney 
  1.20  general's opinion, the interests of the state require it.  Upon 
  1.21  request of the county attorney, the attorney general shall 
  1.22  appear in court in such criminal cases as the attorney general 
  1.23  deems proper.  Upon request of a county attorney, the attorney 
  1.24  general may assume the duties of the county attorney in sexual 
  1.25  psychopathic personality and sexually dangerous person 
  1.26  commitment proceedings under section 253B.185.  Whenever the 
  1.27  governor shall so request, in writing, the attorney general 
  1.28  shall prosecute any person charged with an indictable offense, 
  2.1   and in all such cases may attend upon the grand jury and 
  2.2   exercise the powers of a county attorney.  The attorney general 
  2.3   may appear in court in criminal gang related cases referred for 
  2.4   prosecution by the Minnesota gang oversight council or the 
  2.5   statewide commander of the Minnesota gang strike force and in 
  2.6   all such cases may attend upon the grand jury and exercise the 
  2.7   power of a county attorney. 
  2.8      Sec. 2.  Minnesota Statutes 1998, section 299A.64, is 
  2.9   amended by adding a subdivision to read: 
  2.10     Subd. 11.  [MEMBERSHIP OF CRIMINAL GANG PROSECUTION 
  2.11  COUNCIL.] The criminal gang prosecution council consists of the 
  2.12  following individuals or their designees:  the attorney general; 
  2.13  the Hennepin, Ramsey, St. Louis, and Olmsted county attorneys; a 
  2.14  county attorney selected at-large by the Minnesota County 
  2.15  Attorneys Association and the United States Attorney's Office.  
  2.16  The attorney general shall chair the criminal gang prosecution 
  2.17  council.  The prosecution council shall meet at least quarterly. 
  2.18     Sec. 3.  Minnesota Statutes 1998, section 299A.64, is 
  2.19  amended by adding a subdivision to read: 
  2.20     Subd. 12.  [STATEWIDE PROSECUTION STRATEGY.] The 
  2.21  prosecution council shall support the overall strategy developed 
  2.22  by the criminal gang oversight council to eliminate the harm 
  2.23  caused to the public by criminal gangs and their illegal 
  2.24  activities within the state of Minnesota.  The prosecuting 
  2.25  effort must address criminal gangs in both the metropolitan area 
  2.26  and greater Minnesota and involve development of a statewide 
  2.27  strategic plan to prosecute crimes committed by criminal gangs.  
  2.28  The prosecution council shall develop guidelines specifying how 
  2.29  criminal cases developed by the strike force will be prosecuted 
  2.30  in a manner that utilizes the expertise and resources of the 
  2.31  attorney general's office, county and city attorneys throughout 
  2.32  the state, and the United States Attorney's Office.  The 
  2.33  guidelines must be approved by the council before they become 
  2.34  effective.