SF 133

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; clarifying that a 
  1.3             victim's impact statement may not be rebutted by a 
  1.4             defendant; providing a community representative the 
  1.5             right to submit an impact statement; requiring that 
  1.6             notice of a defendant's pending appeal be given to 
  1.7             crime victims; making various changes to the crime 
  1.8             victim emergency assistance grant statute; extending 
  1.9             the sunset date of the Minnesota crime victim and 
  1.10            witness advisory council and expanding its duties; 
  1.11            adding "criminal vehicular homicide and injury" to the 
  1.12            definition of "crime of violence" in the gun control 
  1.13            laws; appropriating money; amending Minnesota Statutes 
  1.14            1996, sections 611A.038; 611A.675; 611A.71, 
  1.15            subdivisions 5 and 7; and 624.712, subdivision 5; 
  1.16            proposing coding for new law in Minnesota Statutes, 
  1.17            chapter 611A. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 1996, section 611A.038, is 
  1.20  amended to read: 
  1.21     611A.038 [RIGHT TO SUBMIT STATEMENT AT SENTENCING.] 
  1.22     (a) A victim has the right to submit an impact statement to 
  1.23  the court at the time of sentencing or disposition hearing.  The 
  1.24  impact statement may be presented to the court orally or in 
  1.25  writing, at the victim's option.  If the victim requests, the 
  1.26  prosecutor must orally present the statement to the court. 
  1.27     Statements may include the following, subject to reasonable 
  1.28  limitations as to time and length: 
  1.29     (1) a summary of the harm or trauma suffered by the victim 
  1.30  as a result of the crime; 
  1.31     (2) a summary of the economic loss or damage suffered by 
  2.1   the victim as a result of the crime; and 
  2.2      (3) a victim's reaction to the proposed sentence or 
  2.3   disposition. 
  2.4      (b) A representative of the community affected by the crime 
  2.5   may submit an impact statement in the same manner that a victim 
  2.6   may as provided in paragraph (a).  This impact statement shall 
  2.7   describe the adverse social or economic effects the offense has 
  2.8   had on persons residing and businesses operating in the 
  2.9   community where the offense occurred. 
  2.10     (c) If the court permits the defendant or anyone speaking 
  2.11  on the defendant's behalf to present a statement to the court, 
  2.12  the court shall limit the response to factual issues which are 
  2.13  relevant to sentencing. 
  2.14     Sec. 2.  [611A.0395] [RIGHT TO INFORMATION REGARDING 
  2.15  DEFENDANT'S APPEAL.] 
  2.16     Subdivision 1.  [PROSECUTING ATTORNEY TO NOTIFY 
  2.17  VICTIMS.] (a) In a criminal case in which there is an 
  2.18  identifiable crime victim, within 30 working days of receiving 
  2.19  either a notice of appeal or a petition for postconviction 
  2.20  relief under chapter 590, the prosecuting attorney shall make a 
  2.21  reasonable and good faith effort to provide to each affected 
  2.22  victim oral or written notice of the pending appeal or requested 
  2.23  relief.  The notice must contain a brief explanation of what the 
  2.24  contested issues are, an explanation of the applicable process, 
  2.25  information about scheduled oral arguments or hearings, a 
  2.26  statement that the victim and the victim's family may attend the 
  2.27  argument or hearing, and the name and telephone number of a 
  2.28  person that may be contacted for additional information. 
  2.29     (b) In a criminal case in which there is an identifiable 
  2.30  crime victim, within 15 working days of a final decision on an 
  2.31  appeal or a petition for postconviction relief under chapter 
  2.32  590, the prosecuting attorney shall make a reasonable and good 
  2.33  faith effort to provide to each affected victim oral or written 
  2.34  notice of the decision.  This notice must include a brief 
  2.35  explanation of what effect, if any, the decision has upon the 
  2.36  judgment of the trial court and the name and telephone number of 
  3.1   a person that may be contacted for additional information. 
  3.2      Subd. 2.  [EXCEPTION.] The notices described in subdivision 
  3.3   1 do not have to be given to victims who have previously 
  3.4   indicated a desire not to be notified. 
  3.5      Sec. 3.  Minnesota Statutes 1996, section 611A.675, is 
  3.6   amended to read: 
  3.7      611A.675 [FUND FOR EMERGENCY NEEDS OF CRIME VICTIMS.] 
  3.8      Subdivision 1.  [GRANTS AUTHORIZED.] The crime victims 
  3.9   reparations board victim and witness advisory council shall make 
  3.10  grants to local law enforcement agencies prosecutors and victim 
  3.11  assistance programs for the purpose of providing emergency 
  3.12  assistance to victims.  As used in this section, "emergency 
  3.13  assistance" includes but is not limited to: 
  3.14     (1) replacement of necessary property that was lost, 
  3.15  damaged, or stolen as a result of the crime; 
  3.16     (2) purchase and installation of necessary home security 
  3.17  devices; and 
  3.18     (3) transportation to locations related to the victim's 
  3.19  needs as a victim, such as medical facilities and facilities of 
  3.20  the criminal justice system.; and 
  3.21     (4) cleanup of the crime scene. 
  3.22     Subd. 2.  [APPLICATION FOR GRANTS.] A city or county 
  3.23  sheriff or the chief administrative officer of a municipal 
  3.24  police department attorney's office or victim assistance program 
  3.25  may apply to the board council for a grant for any of the 
  3.26  purposes described in subdivision 1 or for any other emergency 
  3.27  assistance purpose approved by the board council.  The 
  3.28  application must be on forms and pursuant to procedures 
  3.29  developed by the board council.  The application must describe 
  3.30  the type or types of intended emergency assistance, estimate the 
  3.31  amount of money required, and include any other information 
  3.32  deemed necessary by the board council. 
  3.33     Subd. 3.  [REPORTING BY LOCAL AGENCIES REQUIRED.] A city or 
  3.34  county sheriff or chief administrative officer of a municipal 
  3.35  police department who attorney's office or victim assistance 
  3.36  program that receives a grant under this section shall report 
  4.1   all expenditures to the board on a quarterly basis.  The sheriff 
  4.2   or chief administrative officer shall also file an annual report 
  4.3   with the board council itemizing the expenditures made during 
  4.4   the preceding year, the purpose of those expenditures, and the 
  4.5   ultimate disposition, if any, of each assisted victim's criminal 
  4.6   case. 
  4.7      Subd. 4.  [REPORT TO LEGISLATURE.] On or before February 1, 
  4.8   1997 1999, the board council shall report to the chairs of the 
  4.9   senate crime prevention and house of representatives judiciary 
  4.10  committees on the implementation, use, and administration of the 
  4.11  grant program created under this section. 
  4.12     Sec. 4.  Minnesota Statutes 1996, section 611A.71, 
  4.13  subdivision 5, is amended to read: 
  4.14     Subd. 5.  [DUTIES.] The council shall:  
  4.15     (1) review on a regular basis the treatment of victims by 
  4.16  the criminal justice system and the need and availability of 
  4.17  services to victims; 
  4.18     (2) advise the agency designated by the governor to apply 
  4.19  for victim assistance program grants under chapter 14 of Public 
  4.20  Law Number 98-473, in the coordination and allocation of federal 
  4.21  funds for crime victims assistance programs; 
  4.22     (3) advocate necessary changes and monitor victim-related 
  4.23  legislation; 
  4.24     (4) provide information, training, and technical assistance 
  4.25  to state and local agencies and groups involved in victim and 
  4.26  witness assistance; 
  4.27     (5) serve as a clearinghouse for information concerning 
  4.28  victim and witness programs; 
  4.29     (6) develop guidelines for the implementation of victim and 
  4.30  witness assistance programs and aid in the creation and 
  4.31  development of programs; 
  4.32     (7) coordinate the development and implementation of 
  4.33  policies and guidelines for the treatment of victims and 
  4.34  witnesses, and the delivery of services to them; and 
  4.35     (8) develop ongoing public awareness efforts and programs 
  4.36  to assist victims; and 
  5.1      (9) administer the grant program described in section 
  5.2   611A.675. 
  5.3      Sec. 5.  Minnesota Statutes 1996, section 611A.71, 
  5.4   subdivision 7, is amended to read: 
  5.5      Subd. 7.  [EXPIRATION.] The council expires on June 30, 
  5.6   1997 1999. 
  5.7      Sec. 6.  Minnesota Statutes 1996, section 624.712, 
  5.8   subdivision 5, is amended to read: 
  5.9      Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
  5.10  murder in the first, second, and third degrees, manslaughter in 
  5.11  the first and second degrees, criminal vehicular homicide and 
  5.12  injury, aiding suicide, aiding attempted suicide, felony 
  5.13  violations of assault in the first, second, third, and fourth 
  5.14  degrees, assaults motivated by bias under section 609.2231, 
  5.15  subdivision 4, drive-by shootings, terroristic threats, use of 
  5.16  drugs to injure or to facilitate crime, crimes committed for the 
  5.17  benefit of a gang, commission of a crime while wearing or 
  5.18  possessing a bullet-resistant vest, simple robbery, aggravated 
  5.19  robbery, kidnapping, false imprisonment, criminal sexual conduct 
  5.20  in the first, second, third, and fourth degrees, theft of a 
  5.21  firearm, felony theft involving the intentional taking or 
  5.22  driving of a motor vehicle without the consent of the owner or 
  5.23  the authorized agent of the owner, felony theft involving the 
  5.24  taking of property from a burning, abandoned, or vacant 
  5.25  building, or from an area of destruction caused by civil 
  5.26  disaster, riot, bombing, or the proximity of battle, felony 
  5.27  theft involving the theft of a controlled substance, an 
  5.28  explosive, or an incendiary device, arson in the first and 
  5.29  second degrees, riot, burglary in the first, second, third, and 
  5.30  fourth degrees, harassment and stalking, shooting at a public 
  5.31  transit vehicle or facility, reckless use of a gun or dangerous 
  5.32  weapon, intentionally pointing a gun at or towards a human 
  5.33  being, setting a spring gun, and unlawfully owning, possessing, 
  5.34  operating a machine gun or short-barreled shotgun, and an 
  5.35  attempt to commit any of these offenses, as each of those 
  5.36  offenses is defined in chapter 609.  "Crime of violence" also 
  6.1   includes felony violations of the following:  malicious 
  6.2   punishment of a child; neglect or endangerment of a child; and 
  6.3   chapter 152. 
  6.4      Sec. 7.  [APPROPRIATION.] 
  6.5      $....... is appropriated from the general fund to the 
  6.6   commissioner of public safety for the fiscal biennium ending 
  6.7   June 30, 1999, for a grant to the crime victim and witness 
  6.8   advisory council to be used by the council for the purposes 
  6.9   specified in Minnesota Statutes, section 611A.675. 
  6.10     Sec. 8.  [EFFECTIVE DATE.] 
  6.11     Sections 1 and 2 are effective August 1, 1997, and apply to 
  6.12  proceedings occurring on or after that date.  Section 6 is 
  6.13  effective August 1, 1997, and applies to crimes committed on or 
  6.14  after that date.  Sections 3 to 5 are effective July 1, 1997.