HF 4672

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 02:44pm

A bill for an act
relating to court records; requiring prosecuting authorities to seek protective order
for certain evidence clearly offensive to common sensibilities; proposing coding
for new law in Minnesota Statutes, chapter 634.

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

Section 1.

new text begin [634.355] EVIDENCE CLEARLY OFFENSIVE TO COMMON
SENSIBILITIES.
new text end

new text begin (a) This section may be cited as the "Jay Boughton Evidence Access Act."
new text end

new text begin (b) In a criminal proceeding, when a prosecuting authority introduces or plans to introduce
evidence that is clearly offensive to common sensibilities, the public release of which could
reasonably be foreseen to cause either a significant disruption to the privacy of or severe
emotional distress to a victim as defined in section 611A.01, paragraph (b), or a third party,
the prosecuting authority may file the evidence under seal with the court and must seek an
appropriate protective order from the court to protect the evidence from unnecessary
disclosure.
new text end

new text begin (c) A prosecuting authority must seek an appropriate protective order from the court
under paragraph (b) to protect the audio recording of a call placed to a 911 system for the
purpose of requesting service from a law enforcement, fire, or medical agency.
new text end

new text begin (d) In determining whether evidence warrants seeking a protective order under paragraph
(b), a prosecuting authority must give special consideration to a victim or third party who
is a minor.
new text end

new text begin (e) This section does not affect the right of a defendant in a criminal proceeding to obtain
access to evidence under the Rules of Criminal Procedure, provided that a protective order
from the court may prohibit further dissemination of the evidence by the defendant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to proceedings
commenced on or after that date.
new text end