SF 98

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime victims; granting prosecutors 
  1.3             discretion not to disclose a victim's or witness's 
  1.4             date of birth; amending Minnesota Statutes 1998, 
  1.5             section 611A.035. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 611A.035, is 
  1.8   amended to read: 
  1.9      611A.035 [CONFIDENTIALITY OF VICTIM'S ADDRESS.] 
  1.10     Subdivision 1.  [DISCRETION OF PROSECUTOR NOT TO DISCLOSE.] 
  1.11  A prosecutor may elect not to disclose a victim's or witness's 
  1.12  home or employment address or, telephone number, or date of 
  1.13  birth if the prosecutor certifies to the trial court that: 
  1.14     (1) the defendant or respondent has been charged with or 
  1.15  alleged to have committed a crime; 
  1.16     (2) the nondisclosure is needed to address the victim's or 
  1.17  witness's concerns about safety or security; and 
  1.18     (3) the victim's or witness's home or employment 
  1.19  address or, telephone number, or date of birth is not relevant 
  1.20  to the prosecution's case. 
  1.21     If such a certification is made, the prosecutor must move 
  1.22  at a contested hearing make a motion with proper notice for the 
  1.23  court's permission to continue to withhold this information. 
  1.24     The court shall either: 
  1.25     (1) order the information disclosed to defense counsel, but 
  2.1   order it not disclosed to the defendant; or 
  2.2      (2) order the prosecutor to contact the victim or witness 
  2.3   to arrange a confidential meeting between defense counsel, or 
  2.4   defense council's counsel's agent, and the victim or witness, at 
  2.5   a neutral location, if the victim or witness consents to a 
  2.6   meeting. 
  2.7      This subdivision shall not be construed to compel a victim 
  2.8   or witness to give any statement to or attend any meeting with 
  2.9   defense counsel or defense counsel's agent. 
  2.10     Subd. 2.  [WITNESS TESTIMONY IN COURT.] No victim or 
  2.11  witness providing testimony in court proceedings may be 
  2.12  compelled to state a home or employment address, telephone 
  2.13  number, or the date of birth of the victim or witness on the 
  2.14  record in open court unless the court finds that the testimony 
  2.15  would be relevant evidence. 
  2.16     Sec. 2.  [EFFECTIVE DATE.] 
  2.17     Section 1 is effective August 1, 1999, and applies to 
  2.18  crimes committed on or after that date.