HF 3155

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human rights; limiting the admissibility 
  1.3             of evidence regarding a complainant's sexual behavior; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 363. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [363.16] [LIMITATION ON ADMISSIBILITY OF 
  1.8   EVIDENCE REGARDING SEXUAL BEHAVIOR.] 
  1.9      Subdivision 1.  [LIMITATION.] In any action, hearing, or 
  1.10  proceeding involving allegations of sexual harassment, evidence 
  1.11  offered to prove the complainant's sexual behavior with 
  1.12  individuals other than the alleged perpetrator or evidence 
  1.13  offered to prove the complainant's sexual predisposition is 
  1.14  admissible only as provided in this section. 
  1.15     Subd. 2.  [STANDARD FOR ADMISSIBILITY.] Evidence offered to 
  1.16  prove the sexual behavior or sexual predisposition of a 
  1.17  complainant is admissible if it is otherwise admissible under 
  1.18  applicable law and its probative value substantially outweighs 
  1.19  the danger of harm to the complainant and of unfair prejudice to 
  1.20  any party.  Evidence of a complainant's reputation is admissible 
  1.21  only if it has been placed in controversy by the complainant. 
  1.22     Subd. 3.  [PROCEDURE TO DETERMINE ADMISSIBILITY.] A party 
  1.23  intending to offer evidence under subdivision 2 must: 
  1.24     (1) file a written motion at least 14 days before the trial 
  1.25  or other proceeding where it would be offered specifically 
  2.1   describing the evidence and stating the purpose for which it 
  2.2   would be offered, unless the court or presiding officer for good 
  2.3   cause requires a different time for filing or permits filing 
  2.4   during the trial or other proceeding; and 
  2.5      (2) serve the motion on all parties and the complainant. 
  2.6      Before admitting evidence under this section, the court or 
  2.7   presiding officer must conduct a hearing in camera and afford 
  2.8   the complainant and parties a right to attend and be heard.  The 
  2.9   motion, related papers, and the record of the hearing must be 
  2.10  sealed and remain under seal unless the court or presiding 
  2.11  officer orders otherwise.