HF 3355

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/08/2022 12:26pm

A bill for an act
relating to public safety; requiring county attorneys to record and report the reason
for dismissing charges; requiring the Sentencing Guidelines Commission to report
information on dismissals to the legislature; requiring county attorneys to post
information on dismissals to a publicly accessible website; amending Minnesota
Statutes 2020, section 244.09, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapter 388.

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

Section 1.

Minnesota Statutes 2020, section 244.09, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Report on dismissals with agreement of the prosecutor. new text end

new text begin The Sentencing
Guidelines Commission shall include in its annual report to the legislature a summary and
analysis of reports received from county attorneys under section 388.052.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 2.

new text begin [388.052] REPORT ON CRIMINAL CHARGES AND CASES DISMISSED.
new text end

new text begin (a) In each case where the defendant is charged with a felony, a county attorney who
dismisses any part of a criminal action pursuant to rule 30.01 of the Rules of Criminal
Procedure shall record the following information in writing:
new text end

new text begin (1) the name of the defendant;
new text end

new text begin (2) the date of the offense;
new text end

new text begin (3) all crimes charged;
new text end

new text begin (4) any charges that were dismissed;
new text end

new text begin (5) whether the victim, if any, supports the dismissal;
new text end

new text begin (6) the date of dismissal; and
new text end

new text begin (7) any reason for the dismissal.
new text end

new text begin (b) The county attorney shall forward the information recorded under paragraph (a) to
the Sentencing Guidelines Commission upon forms prescribed by the commission and must
publish the information on the county attorney's publicly accessible website. Information
forwarded to the Sentencing Guidelines Commission and posted on the county attorney's
website must not include the identifying information of any victim.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to dismissals
that take place on or after that date.
new text end