HF 2905

as introduced - 90th Legislature (2017 - 2018) Posted on 04/09/2018 04:30pm

A bill for an act
relating to public safety; state government; establishing a criminal sexual conduct
prosecution team in the Office of the Attorney General; amending Minnesota
Statutes 2016, sections 8.01; 8.31, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 8.01, is amended to read:

8.01 APPEARANCE.

new text begin (a) new text end The attorney general shall appear for the state in all causes in the supreme and federal
courts wherein the state is directly interested; also in all civil causes of like nature in all
other courts of the state whenever, in the attorney general's opinion, the interests of the state
require it. Upon request of the county attorney, the attorney general shall appear in court in
such criminal cases as the attorney general deems proper new text begin , except as provided in paragraph
(b) new text end . Upon request of a county attorney, the attorney general may assume the duties of the
county attorney in sexual psychopathic personality and sexually dangerous person
commitment proceedings under chapter 253D. Whenever the governor shall so request, in
writing, the attorney general shall prosecute any person charged with an indictable offense,
and in all such cases may attend upon the grand jury and exercise the powers of a county
attorney.

new text begin (b) The attorney general shall appear in court in each felony-level criminal sexual conduct
case that a county attorney requests the attorney general's assistance pursuant to section
8.31, subdivision 5.
new text end

Sec. 2.

Minnesota Statutes 2016, section 8.31, is amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Criminal sexual conduct prosecution unit. new text end

new text begin The attorney general shall form
a unit within the office's criminal division to prosecute criminal sexual conduct cases. The
attorney general shall staff the unit with attorneys who have experience prosecuting
felony-level criminal sexual conduct cases. The unit shall appear on behalf of the state in
all felony-level criminal sexual conduct cases where a county attorney requests the attorney
general's assistance under section 8.01. The unit shall also provide training to county attorneys
in the best practices of criminal sexual conduct prosecutions.
new text end