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HF 3415

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf

Bill Text Versions

Engrossments
Introduction Posted on 03/13/2006

Current Version - as introduced

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A bill for an act
 relating to crime victims; requiring victim of criminal sexual conduct notification
when the prosecutor declines prosecution or dismisses charges; amending
Minnesota Statutes 2004, section 611A.0315.

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

Section 1.

Minnesota Statutes 2004, section 611A.0315, is amended to read:


611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT;
HARASSMENT.

Subdivision 1.

Notice of decision not to prosecute.

(a) A prosecutor shall make
every reasonable effort to notify a victim of domestic assaultnew text begin , a criminal sexual conduct
offense,new text end or harassment that the prosecutor has decided to decline prosecution of the case
or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim
should include, in order of priority: (1) contacting the victim or a person designated by the
victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody,
the notification attempt shall be made before the suspect is released from custody.

(b) Whenever a prosecutor dismisses criminal charges against a person accused of
domestic assaultnew text begin , a criminal sexual conduct offense,new text end or harassment, a record shall be made
of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the
witness, the prosecutor shall indicate the specific reason that the witness is unavailable.

(c) Whenever a prosecutor notifies a victim of domestic assault or harassment under
this section, the prosecutor shall also inform the victim of the method and benefits of
seeking an order for protection under section 518B.01 or a restraining order under section
609.748 and that the victim may seek an order without paying a fee.

Subd. 2.

Definitions.

For the purposes of this section, the following terms have
the meanings given them.

(a) "Assault" has the meaning given it in section 609.02, subdivision 10.

(b) "Domestic assault" means an assault committed by the actor against a family or
household member.

(c) "Family or household member" has the meaning given it in section 518B.01,
subdivision 2.

(d) "Harassment" means a violation of section 609.749.

new text begin (e) "Criminal sexual conduct" means a violation of sections 609.342 to 609.3451.
 new text end