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HF 2925

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/09/2014 03:58pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; compensating exonerated persons; appropriating money;
amending Minnesota Statutes 2012, sections 590.01, by adding a subdivision;
609A.02, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapter 611.

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

Section 1.

Minnesota Statutes 2012, section 590.01, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Order regarding eligibility for compensation based on exoneration.
new text end

new text begin (a) This subdivision applies to petitions based on innocence when the court vacates or
reverses the judgment of conviction based on innocence, or orders a new trial because
of new evidence of innocence and the state dismisses the charges or the defendant was
found not guilty.
new text end

new text begin (b) Upon motion of the petitioner or defendant or upon its own motion, the court
shall determine whether the petitioner or defendant is entitled to a claim for compensation
based on the elements under section 611.362, subdivision 1. If the court determines that
the person is eligible, the court shall issue an order containing its finding and notify
the petitioner or defendant of the right to file a claim for compensation under sections
611.362 to 611.369 and provide the person with a copy of those sections. The person
must acknowledge receipt of the notice and a copy of those sections in writing or on the
record before the court.
new text end

Sec. 2.

Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:


Subd. 3.

Certain criminal proceedings deleted text beginnot resulting in convictiondeleted text endnew text begin resolved in
favor of defendant
new text end.

new text begin(a) new text endA petition may be filed under section 609A.03 to seal all records
relating to an arrest, indictment or information, trial, or verdict if the records are not
subject to section 299C.11, subdivision 1, paragraph (b), and if all pending actions or
proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict
of not guilty by reason of mental illness is not a resolution in favor of the petitioner.

new text begin (b) For the purposes of this chapter, an action or proceeding is resolved in favor of
the petitioner, if the petitioner was granted an order for relief based on innocence under
section 590.01.
new text end

Sec. 3.

new text begin [611.362] CLAIM FOR COMPENSATION FOR A PERSON WHO IS
EXONERATED.
new text end

new text begin Subdivision 1. new text end

new text begin Elements. new text end

new text begin (a) For purposes of issuing an order under section 590.01,
subdivision 3a, and awarding damages under sections 611.362 to 611.369, a claim for
compensation arises if:
new text end

new text begin (1) a person has been convicted of a crime and served any part of the imposed
sentence in prison;
new text end

new text begin (2) in cases where the person was convicted of multiple charges arising out of the
same behavioral incident, the person was exonerated based on innocence for all of those
charges;
new text end

new text begin (3) the person did not commit or induce another person to commit perjury, or
fabricate evidence to cause or bring about the conviction; and
new text end

new text begin (4) the person was not serving a term of imprisonment for another crime at the same
time, provided that if the person served additional time in prison due to the conviction that
is the basis of the claim, the person may make a claim for that portion of time served in
prison during which the person was serving no other sentence.
new text end

new text begin (b) A claimant may make a claim only for that portion of time served in prison
during which they were serving no other sentence.
new text end

new text begin (c) A confession or admission later found to be false or a guilty plea to a crime the
claimant did not commit does not constitute bringing about the claimant's conviction
for purposes of paragraph (a), clause (3).
new text end

new text begin Subd. 2. new text end

new text begin Respondent; filing requirement. new text end

new text begin The state must be named as the
respondent. A claimant shall serve the claim and all documents on the state through
the Office of Minnesota Management and Budget and file the claim with the Supreme
Court. The claim must include a copy of the order from the district court under section
590.01, subdivision 3a.
new text end

new text begin Subd. 3. new text end

new text begin Agent for claimant. new text end

new text begin If the person entitled to file a claim is incapacitated
and incapable of filing the claim or is a minor or nonresident of the state, the claim may be
filed on behalf of the claimant by a court-appointed guardian, the parent or guardian of
a minor, or an authorized agent.
new text end

new text begin Subd. 4. new text end

new text begin Statute of limitations. new text end

new text begin A claimant may commence a claim under this
section within two years after the date the person is exonerated, provided that if the person
does not receive the notice required under section 590.01, subdivision 3a, the person may
commence a claim within three years of that date. An action by the state challenging or
appealing the grant of judicial relief to the claimant tolls the two-year period. Persons
released from custody on grounds consistent with innocence before the effective date of this
section may commence an action under this section within two years of the effective date.
new text end

Sec. 4.

new text begin [611.363] COMPENSATION PANEL.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment. new text end

new text begin Within 30 business days after the claim is filed with
the Supreme Court, the chief justice of the Supreme Court shall appoint a compensation
panel of three attorneys or judges who are responsible for determining the amount of
damages to be awarded. Members of the panel must have experience in legal issues
involving the settlement of tort claims and the determination of damages or criminal
justice and sentencing.
new text end

new text begin Subd. 2. new text end

new text begin Compensation of panel members. new text end

new text begin Members of the panel are entitled to
the compensation authorized for members of boards under section 15.0575, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Payment of expenses. new text end

new text begin The state court administrator shall forward
documentation of expenses and administrative costs of the panel to the commissioner of
management and budget for payment of those amounts from appropriations available
for this purpose.
new text end

Sec. 5.

new text begin [611.364] PREHEARING SETTLEMENTS AND HEARING.
new text end

new text begin Subdivision 1. new text end

new text begin Prehearing settlements. new text end

new text begin The panel may set a prehearing settlement
conference date. At this conference, the parties must make a good faith attempt to reach a
settlement in the case. If the parties agree, they may present the panel with a joint motion
for summary disposition and no further hearings are required. If a settlement document is
approved by the panel, it has the same effect as an award under section 611.365, for all
purposes of that section.
new text end

new text begin Subd. 2. new text end

new text begin Hearing. new text end

new text begin (a) If the parties are unable to reach a settlement, the panel must
hold an evidentiary hearing and consider any evidence and argument submitted by the
parties, including affidavits, documentation, and oral and written arguments. The panel is
bound by any fact or damage amount established by the stipulation of the parties.
new text end

new text begin (b) Hearings and records relating to the hearing are open to the public, except where,
in the interest of justice, the panel orders a hearing closed or a record sealed.
new text end

Sec. 6.

new text begin [611.365] DAMAGES.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin A claimant is entitled to the damages provided for in
this section.
new text end

new text begin Subd. 2. new text end

new text begin Monetary damages; attorney fees. new text end

new text begin (a) A claimant is entitled to not less
than $50,000 for each year of imprisonment, and not less than $25,000 for each year
served on supervised release or as a registered sex offender, to be prorated for partial years
served. In addition, the claimant must be reimbursed for all restitution, assessments, fees,
court costs, and other sums paid by the claimant as required by the judgment and sentence.
In calculating additional monetary damages, the panel shall consider:
new text end

new text begin (1) economic damages, including reasonable attorney fees, lost wages, reimbursement
for costs associated with the claimant's criminal defense, and efforts to prove innocence;
new text end

new text begin (2) reimbursement for medical and dental expenses that the claimant already incurred
and future unpaid expenses expected to be incurred related to the claimant's imprisonment;
new text end

new text begin (3) noneconomic damages for personal physical injuries or sickness and any
nonphysical injuries or sickness incurred during or as a result of imprisonment;
new text end

new text begin (4) reimbursement for any tuition and fees paid for each semester successfully
completed by the claimant in an educational program, up to the equivalent value of a
four-year degree at a public university, and reasonable reimbursement for employment
skills and development training for the claimant as well as future unpaid costs for education
and training not to exceed the anticipated cost of a four-year degree at a public university;
new text end

new text begin (5) reimbursement for paid or unpaid child support payments owed by the claimant
that became due, and interest on child support arrearages that accrued, during the time
served in prison; and
new text end

new text begin (6) reimbursement for paid or unpaid reintegrative expenses, if not provided for
under section 611.367, for any reasonable costs incurred by the claimant for immediate
services secured upon exoneration and release, including housing, transportation and
subsistence, reintegrative services, and psychological, physical, and dental health care
costs incurred by the claimant for the time period between release from wrongful
imprisonment and the date of an award of damages under this section.
new text end

new text begin (b) The panel shall award the claimant reasonable attorney fees incurred in bringing
a claim under sections 611.362 to 611.369 and in obtaining an order of eligibility for
compensation based on exoneration under chapter 590.
new text end

new text begin Subd. 3. new text end

new text begin No limit. new text end

new text begin There is no limit on the amount of damages that may be awarded
under this section.
new text end

new text begin Subd. 4. new text end

new text begin Notice and acceptance of award. new text end

new text begin A claimant who is awarded damages
under this section must be provided with a written notice of the award. A claimant's
acceptance of an award, compromise, or settlement must be in writing and is final and
conclusive on the claimant.
new text end

new text begin Subd. 5. new text end

new text begin Subsequent damage awards. new text end

new text begin Any future damages awarded to the
claimant resulting from an action by the claimant against the state or a political subdivision
of this state based on the same subject must be offset by the damage award received
under this section.
new text end

new text begin Subd. 6. new text end

new text begin No offsets. new text end

new text begin The damage award must not be offset by:
new text end

new text begin (1) any expenses incurred by the state or any political subdivision of the state,
including expenses incurred to secure the claimant's custody or to feed, clothe, or provide
medical services for the claimant; or
new text end

new text begin (2) the value of any services or reduction in fees for services, or the value of services
to be provided to the claimant that may be awarded to the claimant under this section.
new text end

Sec. 7.

new text begin [611.366] JUDICIAL REVIEW.
new text end

new text begin A party aggrieved by an award of damages under section 611.365 is entitled
to judicial review of the decision as provided in sections 14.63 to 14.69; however,
proceedings on a complaint filed under this section are not a contested case within the
meaning of chapter 14 and are not otherwise governed by chapter 14.
new text end

Sec. 8.

new text begin [611.368] COMPENSATING EXONERATED PERSONS.
new text end

new text begin The compensation panel established in section 611.363 shall forward a final award
of damages under section 611.365 to the commissioner of management and budget. The
commissioner of management and budget shall submit the recommendations of the
compensation panel to the legislature for consideration during the next session of the
legislature.
new text end

Sec. 9.

new text begin [611.369] SHORT TITLE.
new text end

new text begin Sections 611.362 to 611.369 shall be cited as the Imprisonment and Exoneration
Remedies Act.
new text end

Sec. 10. new text beginAPPROPRIATION.
new text end

new text begin $3,000 is appropriated in fiscal year 2015 from the general fund to the commissioner
of management and budget for the operating costs of the compensation panel established
in section 4 of this act.
new text end