HF 434

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/28/2021 02:18pm

A bill for an act
relating to public safety; authorizing presentence investigation reports to include
information related to brain injury; amending Minnesota Statutes 2020, section
609.115, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 609.115, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Traumatic brain injury. new text end

new text begin (a) When a defendant appears in court and is
convicted of a crime, the court shall inquire whether the defendant has a history of stroke
or traumatic brain injury.
new text end

new text begin (b) If the defendant has a history of stroke or traumatic brain injury and the court believes
that the offender may have a mental impairment that caused the offender to lack substantial
capacity for judgment when the offense was committed, the court shall order that the offender
undergo a neuropsychological examination. The report prepared under subdivision 1 shall
contain the results of the examination and the officer preparing the report may consult with
any medical provider, mental health professional, or other agency or person with suitable
knowledge or experience for the purpose of providing the court with information regarding
treatment and case management options available to the defendant.
new text end

new text begin (c) At sentencing, the court may consider any relevant information including but not
limited to the information provided pursuant to paragraph (b) and the recommendations of
any diagnosing or treating medical providers or mental health professionals to determine
whether the offender, because of mental impairment resulting from a stroke or traumatic
brain injury, lacked substantial capacity for judgment when the offense was committed.
new text end