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HF 3920

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/19/2022 11:48am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to judiciary; establishing a State Board of Appellate Counsel for Parents;
modifying certain fees; eliminating fee for uncertified copies of instruments from
civil or criminal proceedings; modifying time limit for postconviction relief for
petitioners with immigration consequences; appropriating money for the courts,
State Guardian Ad Litem Board, Board of Public Defense, human rights, and State
Board of Appellate Counsel for Parents; amending Minnesota Statutes 2020,
sections 357.021, subdivision 2; 484.85; 517.08, subdivision 1c; 590.01, subdivision
4; Minnesota Statutes 2021 Supplement, section 357.021, subdivision 1a; proposing
coding for new law in Minnesota Statutes, chapter 260C.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2021, First Special Session chapter
11, article 1, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2022" and "2023" used in this article mean that
the addition to or subtraction from the appropriation listed under them is available for the
fiscal year ending June 30, 2022, or June 30, 2023, respectively. "The first year" is fiscal
year 2022. "The second year" is fiscal year 2023. Supplemental appropriations and reductions
to appropriations for the fiscal year ending June 30, 2022, are effective the day following
final enactment.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2022
new text end
new text begin 2023
new text end

Sec. 2. new text beginSUPREME COURT
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 63,760,000
new text end

new text begin Subd. 2. new text end

new text begin Supreme Court Operations
new text end

new text begin -0-
new text end
new text begin 4,054,000
new text end

new text begin new text begin (a) Compensation
new text end
new text end

new text begin Compensation for staff is increased by a
minimum of six percent. Justices'
compensation is increased by up to six percent
from any remainder.
new text end

new text begin new text begin (b) Maintain Core Operations
new text end
new text end

new text begin $2,304,000 in fiscal year 2023 is for
maintaining core operations.
new text end

new text begin new text begin (c) Cybersecurity
new text end
new text end

new text begin $1,750,000 in fiscal year 2023 is for
cybersecurity.
new text end

new text begin Subd. 3. new text end

new text begin Civil Legal Services
new text end

new text begin -0-
new text end
new text begin 59,706,000
new text end

new text begin new text begin (a) Salary Equity
new text end
new text end

new text begin $4,304,000 in fiscal year 2023 is for salary
equity.
new text end

new text begin new text begin (b) COVID-19 Response
new text end
new text end

new text begin $7,463,000 in fiscal year 2023 is for
COVID-19 response. The general fund base
for this appropriation is $7,051,000 in fiscal
year 2024 and $7,051,000 in fiscal year 2025.
new text end

new text begin new text begin (c) Increased Legal Services
new text end
new text end

new text begin $47,939,000 in fiscal year 2023 is for
increased legal services. The ongoing base for
this appropriation is $58,806,000 beginning
in fiscal year 2024.
new text end

Sec. 3. new text beginCOURT OF APPEALS
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 621,000
new text end

new text begin new text begin Compensation
new text end
new text end

new text begin Compensation for staff is increased by a
minimum of six percent. Judges' compensation
is increased by up to six percent from any
remainder.
new text end

Sec. 4. new text beginDISTRICT COURTS
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 16,799,000
new text end

new text begin new text begin (a) Compensation
new text end
new text end

new text begin Compensation for staff is increased by a
minimum of six percent. Judges' compensation
is increased by up to six percent from any
remainder.
new text end

new text begin new text begin (b) Psychological Services
new text end
new text end

new text begin 1,996,000 in fiscal year 2023 is for mandated
psychological services.
new text end

new text begin new text begin (c) Base Adjustment
new text end
new text end

new text begin The general fund base is increased by
$200,000 beginning in fiscal year 2024 to
maintain funding for interpreter pay.
new text end

Sec. 5. new text beginGUARDIAN AD LITEM BOARD
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 909,000
new text end

Sec. 6. new text beginBOARD OF PUBLIC DEFENSE
new text end

new text begin $
new text end
new text begin 1,740,000
new text end
new text begin $
new text end
new text begin 52,453,000
new text end

new text begin new text begin (a) Electronic File Storage and Remote
Hearing Access
new text end
new text end

new text begin $627,000 in fiscal year 2022 is for electronic
file storage and remote hearing access. This
is a onetime appropriation.
new text end

new text begin new text begin (b) Salary Equity
new text end
new text end

new text begin $1,113,000 in fiscal year 2022 and $2,266,000
in fiscal year 2023 are for salary equity.
new text end

new text begin new text begin (c) Increased Services
new text end
new text end

new text begin $50,000,000 in fiscal year 2023 is for
increased public defender services.
new text end

new text begin new text begin (d) Postconviction Relief Petitions
new text end
new text end

new text begin $187,000 in fiscal year 2023 is for contract
attorneys to represent individuals who file
postconviction relief petitions. This is a
onetime appropriation.
new text end

Sec. 7. new text beginHUMAN RIGHTS
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 2,543,000
new text end

new text begin (a) Improve Caseload Processing
new text end

new text begin $492,000 in fiscal year 2023 is to improve
caseload processing. The general fund base
for this appropriation is $461,000 in fiscal year
2024 and $461,000 in fiscal year 2025.
new text end

new text begin new text begin (b) Bias and Discrimination Data Gathering
and Reporting
new text end
new text end

new text begin $388,000 in fiscal year 2023 is to improve bias
and discrimination data gathering and
reporting. The general fund base for this
appropriation is $243,000 in fiscal year 2024
and $243,000 in fiscal year 2025.
new text end

new text begin new text begin (c) Bias Response Community Equity
Outreach
new text end
new text end

new text begin $1,185,000 in fiscal year 2023 is for bias
response community equity outreach. The
general fund base for this appropriation is
$1,001,000 in fiscal year 2024 and $1,001,000
in fiscal year 2025.
new text end

new text begin new text begin (d) Equity and Inclusion Strategic
Compliance
new text end
new text end

new text begin $228,000 in fiscal year 2023 is for equity and
inclusion strategic compliance.
new text end

new text begin new text begin (e) Equity and Inclusion Strategic
Compliance Data Consultant
new text end
new text end

new text begin $250,000 in fiscal year 2023 is for an equity
and inclusion strategic compliance data
consultant. These funds are available until
June 30, 2024. This is a onetime appropriation.
new text end

Sec. 8. new text beginBOARD OF APPELLATE COUNSEL
FOR PARENTS
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 699,000
new text end

new text begin new text begin Establishment
new text end
new text end

new text begin $699,000 in fiscal year 2023 is to establish
and operate the Board of Appellate Counsel
for Parents and appellate counsel program.
The ongoing base for this program is
$1,835,000 beginning in fiscal year 2024.
new text end

ARTICLE 2

CIVIL POLICY WITH FISCAL IMPACT

Section 1.

new text begin [260C.419] STATE BOARD OF APPELLATE COUNSEL FOR PARENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Structure; membership. new text end

new text begin (a) The State Board of Appellate Counsel for
Parents is established in the judicial branch. The board is not subject to the administrative
control of the judiciary. The board shall consist of seven members, including:
new text end

new text begin (1) three public members appointed by the governor;
new text end

new text begin (2) one member appointed by the state Indian Affairs Council; and
new text end

new text begin (3) three members appointed by the supreme court, at least one of whom must have
experience representing parents in juvenile court and who include two attorneys admitted
to practice law in the state and one public member.
new text end

new text begin (b) The appointing authorities may not appoint any of the following to be a member of
the State Board of Appellate Counsel for Parents:
new text end

new text begin (1) a person who is a judge;
new text end

new text begin (2) a person serving as a guardian ad litem or counsel for a guardian ad litem;
new text end

new text begin (3) a person who serves as counsel for children in juvenile court;
new text end

new text begin (4) a person under contract with or employed by the Department of Human Services or
a county department of human or social services; or
new text end

new text begin (5) a current city or county attorney or assistant city or county attorney.
new text end

new text begin (c) All members shall demonstrate an interest in maintaining a high quality, independent
appellate defense system for parents in juvenile protection proceedings who are unable to
obtain adequate representation. At least three members of the board shall be from judicial
districts other than the First, Second, Fourth, and Tenth Judicial Districts. To the extent
practicable, the membership of the board must include persons with disabilities, reflect the
ethnic diversity of the state, take into consideration race and gender, and include persons
from throughout the state. The members shall be well acquainted with representing parents
in appellate proceedings related to child protection matters as well as the laws that affect a
parent appellate attorney's work, including chapter 260C, the Minnesota Rules of Juvenile
Protection Procedure, the Minnesota Rules of Civil Appellate Procedure, the Indian Child
Welfare Act, and the Minnesota Indian Family Preservation Act. The terms, compensation,
and removal of members shall be as provided in section 15.0575. The members shall elect
the chair from among the membership for a term of two years.
new text end

new text begin Subd. 2. new text end

new text begin Head appellate counsel for parents; assistant and contracted attorneys. new text end

new text begin (a)
Beginning January 1, 2024, and for every four years after that date, the State Board of
Appellate Counsel for Parents shall appoint a head appellate counsel in charge of appellate
services, who shall provide for sufficient appellate counsel for parents and other personnel
necessary to discharge the functions of the office. The head appellate counsel shall serve a
four-year term and may be removed only for cause upon the order of the State Board of
Appellate Counsel for Parents. The head appellate counsel shall be a full-time qualified
attorney, licensed to practice law in this state, and serve in the unclassified service of the
state. Vacancies of the office shall be filled by the appointing authority for the unexpired
term. The head appellate counsel shall devote full time to the performance of duties and
shall not engage in the general practice of law. The compensation of the head appellate
counsel shall be set by the State Board of Appellate Counsel for Parents and shall be
commensurate with county attorneys in the state.
new text end

new text begin (b) Consistent with the decisions of the State Board of Appellate Counsel for Parents,
the head appellate counsel shall employ assistants or hire independent contractors to serve
as appellate counsel for parents. Each assistant appellate counsel and independent contractor
serves at the pleasure of the head appellate counsel. The compensation of assistant appellate
counsel and independent contractors shall be set by the State Board of Appellate Counsel
for Parents and shall be commensurate with assistant county attorneys in the state.
new text end

new text begin (c) A person serving as appellate counsel shall be a qualified attorney licensed to practice
law in this state. A person serving as appellate counsel practicing in Tribal court shall be a
licensed attorney qualified to practice law in Tribal courts in the state. Assistant appellate
counsel and contracted appellate counsel may engage in the general practice of law where
not employed or contracted to provide services on a full-time basis.
new text end

new text begin Subd. 3. new text end

new text begin Program administrator. new text end

new text begin The State Board of Appellate Counsel for Parents
shall appoint a program administrator who must be chosen solely on the basis of training,
experience, and other qualifications and who serves at the pleasure of the board. The program
administrator need not be licensed to practice law. The program administrator shall attend
all meetings of the board, but may not vote, and shall:
new text end

new text begin (1) enforce all resolutions, standards, rules, regulations, policies, and orders of the board;
new text end

new text begin (2) present to the board and the head appellate counsel plans, studies, and reports prepared
for the board's and the head appellate counsel's purposes and recommend to the board and
the head appellate counsel for adoption measures necessary to enforce or carry out the
powers and duties of the board and the head appellate counsel or to efficiently administer
the affairs of the board and the head appellate counsel;
new text end

new text begin (3) keep the board fully advised as to the board's financial condition and prepare and
submit to the board the annual appellate counsel for parents program and the State Board
of Appellate Counsel for Parents budget and other financial information as requested by
the board;
new text end

new text begin (4) recommend to the board the adoption of rules and regulations necessary for the
efficient operation of the board and the state appellate counsel for parents program;
new text end

new text begin (5) work cooperatively and collaboratively with sovereign Tribal Nations in the state;
new text end

new text begin (6) work cooperatively and collaboratively with counties to implement the appellate
counsel program; and
new text end

new text begin (7) perform other duties prescribed by the board.
new text end

new text begin Subd. 4. new text end

new text begin Duties and responsibilities. new text end

new text begin (a) The State Board of Appellate Counsel for
Parents shall create and administer a statewide, independent appellate counsel program to
represent indigent parents who are eligible for the appointment of counsel under section
260C.163, subdivision 3, on appeal in juvenile protection matters.
new text end

new text begin (b) The board shall approve and recommend to the legislature a budget for the board
and the appellate counsel for parents program.
new text end

new text begin (c) The board shall establish procedures for distribution of funding under this section to
the appellate program.
new text end

new text begin (d) The head appellate counsel with the approval of the board shall establish appellate
program standards, administrative policies, procedures, and rules consistent with statute,
rules of court, and laws that affect appellate counsel's work. The standards must include but
are not limited to:
new text end

new text begin (1) standards needed to maintain and operate an appellate counsel for parents program,
including requirements regarding the qualifications, training, and size of the legal and
supporting staff for an appellate counsel program;
new text end

new text begin (2) standards for appellate counsel caseloads;
new text end

new text begin (3) standards and procedures for the eligibility of appointment, assessment, and collection
of the costs for legal representation provided by appellate counsel;
new text end

new text begin (4) standards for contracts between contracted appellate counsel and the state appellate
counsel program for the legal representation of indigent persons;
new text end

new text begin (5) standards prescribing minimum qualifications of counsel appointed under the board's
authority or by the courts; and
new text end

new text begin (6) standards ensuring the independent, competent, and efficient representation of clients
whose cases present conflicts of interest.
new text end

new text begin (e) The board may:
new text end

new text begin (1) propose statutory changes to the legislature and rule changes to the supreme court
that are in the best interests of the operation of the appellate counsel for parents program;
and
new text end

new text begin (2) require the reporting of statistical data, budget information, and other cost factors
by the appellate counsel for parents program.
new text end

new text begin Subd. 5. new text end

new text begin Limitation. new text end

new text begin In no event shall the board or its members interfere with the
discretion, judgment, or zealous advocacy of counsel in their handling of individual cases
as a part of the judicial branch of government.
new text end

new text begin Subd. 6. new text end

new text begin Budget; county opt-in. new text end

new text begin The establishment of the office and its employees and
support staff and the board shall be funded by the state. Counties must utilize this office to
provide appellate representation to indigent parents in their county who are seeking an
appeal.
new text end

new text begin Subd. 7. new text end

new text begin Collection of costs; appropriation. new text end

new text begin If any of the costs provided by appellate
counsel are assessed and collected or otherwise reimbursed from any source, payments shall
be deposited in the general fund.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 357.021, subdivision 1a, is amended
to read:


Subd. 1a.

Transmittal of fees to commissioner of management and budget.

(a) Every
person, including the state of Minnesota and all bodies politic and corporate, who shall
transact any business in the district court, shall pay to the court administrator of said court
the sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the commissioner of management and budget
for deposit in the state treasury and credit to the general fund. deleted text begin$30deleted text endnew text begin $45new text end of each fee collected
in a dissolution action under subdivision 2, clause (1), must be deposited by the commissioner
of management and budget in the special revenue fund and is appropriated to the
commissioner of employment and economic development for the Minnesota Family
Resiliency Partnership under section 116L.96.

(b) In a county which has a screener-collector position, fees paid by a county pursuant
to this subdivision shall be transmitted monthly to the county treasurer, who shall apply the
fees first to reimburse the county for the amount of the salary paid for the screener-collector
position. The balance of the fees collected shall then be forwarded to the commissioner of
management and budget for deposit in the state treasury and credited to the general fund.
In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), which
has a screener-collector position, the fees paid by a county shall be transmitted monthly to
the commissioner of management and budget for deposit in the state treasury and credited
to the general fund. A screener-collector position for purposes of this paragraph is an
employee whose function is to increase the collection of fines and to review the incomes
of potential clients of the public defender, in order to verify eligibility for that service.

(c) No fee is required under this section from the public authority or the party the public
authority represents in an action for:

(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court, or in a proceeding under section 484.702;

(2) civil commitment under chapter 253B;

(3) the appointment of a public conservator or public guardian or any other action under
chapters 252A and 525;

(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or recovery
of overpayments of public assistance;

(5) court relief under chapters 260, 260A, 260B, and 260C;

(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;

(7) recovery of amounts issued by political subdivisions or public institutions under
sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37,
260B.331, and 260C.331, or other sections referring to other forms of public assistance;

(8) restitution under section 611A.04; or

(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14,
subdivision 5
.

(d) $20 from each fee collected for child support modifications under subdivision 2,
clause (13), must be transmitted to the county treasurer for deposit in the county general
fund and $35 from each fee shall be credited to the state general fund. The fees must be
used by the county to pay for child support enforcement efforts by county attorneys.

(e) No fee is required under this section from any federally recognized Indian Tribe or
its representative in an action for:

(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court or in a proceeding under section 484.702;

(2) civil commitment under chapter 253B;

(3) the appointment of a public conservator or public guardian or any other action under
chapters 252A and 525; or

(4) court relief under chapters 260, 260A, 260B, 260C, and 260D.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2020, section 357.021, subdivision 2, is amended to read:


Subd. 2.

Fee amounts.

The fees to be charged and collected by the court administrator
shall be as follows:

(1) In every civil action or proceeding in said court, including any case arising under
the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for that party in said
action, a fee of $285, except in marriage dissolution actions the fee is $315.

The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of $285, except in
marriage dissolution actions the fee is $315. This subdivision does not apply to the filing
of an Application for Discharge of Judgment. Section 548.181 applies to an Application
for Discharge of Judgment.

The party requesting a trial by jury shall pay $100.

The fees above stated shall be the full trial fee chargeable to said parties irrespective of
whether trial be to the court alone, to the court and jury, or disposed of without trial, and
shall include the entry of judgment in the action, but does not include copies or certified
copies of any papers so filed or proceedings under chapter 103E, except the provisions
therein as to appeals.

(2) Certified copy of any instrument from a civil or criminal proceeding, $14deleted text begin, and $8
for an uncertified copy
deleted text end.

(3) Issuing a subpoena, $16 for each name.

(4) Filing a motion or response to a motion in civil, family, excluding child support, and
guardianship cases, $75.

(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically
mentioned, $55.

(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
from another court, $40.

(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of
judgment, $5.

(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name
certified to.

(9) Filing and indexing trade name; or recording basic science certificate; or recording
certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists,
$5.

(10) For the filing of each partial, final, or annual account in all trusteeships, $55.

(11) For the deposit of a will, $27.

(12) For recording notary commission, $20.

(13) Filing a motion or response to a motion for modification of child support, a fee of
$50.

(14) All other services required by law for which no fee is provided, such fee as compares
favorably with those herein provided, or such as may be fixed by rule or order of the court.

(15) In addition to any other filing fees under this chapter, a surcharge in the amount of
$75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption
petition filed in district court to fund the fathers' adoption registry under section 259.52.

The fees in clauses (3) and (5) need not be paid by a public authority or the party the
public authority represents.new text begin No fee may be charged for an uncertified copy of an instrument
from a civil or criminal proceeding.
new text end

Sec. 4.

Minnesota Statutes 2020, section 484.85, is amended to read:


484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS;
RAMSEY COUNTY DISTRICT COURT.

(a) In all cases prosecuted in Ramsey County District Court by an attorney for a
municipality or subdivision of government within Ramsey County for violation of a statute;
an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and
forfeitures collected by the court administrator shall be deposited in the state treasury and
distributed according to this paragraph. Except where a different disposition is provided by
section 299D.03, subdivision 5, or other law, on or before the last day of each month, the
court shall pay over all fines, penalties, and forfeitures collected by the court administrator
during the previous month as follows:

deleted text begin (1) for offenses committed within the city of St. Paul,deleted text end two-thirds paid to the treasurer
of the deleted text begincity of St. Pauldeleted text endnew text begin municipality or subdivision of government within Ramsey Countynew text end
and one-third credited to the state general funddeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (2) for offenses committed within any other municipality or subdivision of government
within Ramsey County, one-half paid to the treasurer of the municipality or subdivision of
government and one-half credited to the state general fund.
deleted text end

All other fines, penalties, and forfeitures collected by the district court shall be distributed
by the courts as provided by law.

(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a)
when:

(1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3; or

(2) the attorney general provides assistance to the city attorney under section 484.87,
subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 5.

Minnesota Statutes 2020, section 517.08, subdivision 1c, is amended to read:


Subd. 1c.

Disposition of license fee.

(a) Of the civil marriage license fee collected
pursuant to subdivision 1b, paragraph (a), $25 must be retained by the county. The local
registrar must pay $90 to the commissioner of management and budget to be deposited as
follows:

(1) deleted text begin$55deleted text endnew text begin $40new text end in the general fund;

(2) $3 in the state government special revenue fund to be appropriated to the
commissioner of public safety for parenting time centers under section 119A.37;

(3) $2 in the special revenue fund to be appropriated to the commissioner of health for
developing and implementing the MN ENABL program under section 145.9255;

(4) deleted text begin$25deleted text endnew text begin $40new text end in the special revenue fund is appropriated to the commissioner of
employment and economic development for the Minnesota Family Resiliency Partnership
under section 116L.96; and

(5) $5 in the special revenue fund, which is appropriated to the Board of Regents of the
University of Minnesota for the Minnesota couples on the brink project under section 137.32.

(b) Of the $40 fee under subdivision 1b, paragraph (b), $25 must be retained by the
county. The local registrar must pay $15 to the commissioner of management and budget
to be deposited as follows:

(1) $5 as provided in paragraph (a), clauses (2) and (3); and

(2) $10 in the special revenue fund is appropriated to the commissioner of employment
and economic development for the Minnesota Family Resiliency Partnership under section
116L.96.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 6.

Minnesota Statutes 2020, section 590.01, subdivision 4, is amended to read:


Subd. 4.

Time limit.

(a) No petition for postconviction relief may be filed more than
two years after the later of:

(1) the entry of judgment of conviction or sentence if no direct appeal is filed; or

(2) an appellate court's disposition of petitioner's direct appeal.

(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief
if:

(1) the petitioner establishes that a physical disability or mental disease precluded a
timely assertion of the claim;

(2) the petitioner alleges the existence of newly discovered evidence, including scientific
evidence, that could not have been ascertained by the exercise of due diligence by the
petitioner or petitioner's attorney within the two-year time period for filing a postconviction
petition, and the evidence is not cumulative to evidence presented at trial, is not for
impeachment purposes, and establishes by a clear and convincing standard that the petitioner
is innocent of the offense or offenses for which the petitioner was convicted;

(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory
law by either the United States Supreme Court or a Minnesota appellate court and the
petitioner establishes that this interpretation is retroactively applicable to the petitioner's
case;

(4) the petition is brought pursuant to subdivision 3; deleted text beginor
deleted text end

(5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous
and is in the interests of justicedeleted text begin.deleted text endnew text begin; or
new text end

new text begin (6) the petitioner is either placed into immigration removal proceedings, or detained for
the purpose of removal from the United States, or received notice to report for removal, as
a result of a conviction that was obtained by relying on incorrect advice or absent advice
from counsel on immigration consequences.
new text end

(c) Any petition invoking an exception provided in paragraph (b) must be filed within
two years of the date the claim arises.