SF 1061

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:01pm

A bill for an act
relating to public safety; limiting liability for certain crimes committed by another;
amending Minnesota Statutes 2020, section 609.05, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2020, section 609.05, subdivision 1, is amended to read:

Subdivision 1.

Aiding, abetting; liability.

new text begin (a) new text end A person is criminally liable for a crime new text begin
other than a violation of section 609.185, 609.19, 609.195, or 609.20 new text end committed by another
if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise
procures the other to commit the crime.

new text begin (b) A person is criminally liable for a violation of section 609.185, 609.19, 609.195, or
609.20 committed by another if:
new text end

new text begin (1) the person intentionally aids, advises, hires, counsels, or conspires with or otherwise
procures the other to commit the crime; and
new text end

new text begin (2) the person does so with intent to effect the death of a human being.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to violations
committed on or after that date, and retroactively to violations committed before that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 609.05, subdivision 2, is amended to read:

Subd. 2.

Expansive liability.

A person liable under subdivision 1 is also liable for any
other crime new text begin , other than a violation of section 609.185, 609.19, 609.195, or 609.20, new text end committed
in pursuance of the intended crime if reasonably foreseeable by the person as a probable
consequence of committing or attempting to commit the crime intended.

Sec. 3. new text begin LIABILITY FOR CRIMES OF ANOTHER; RETROACTIVE
APPLICATION.
new text end

new text begin (a) A person convicted of a violation of Minnesota Statutes, section 609.185, 609.19,
609.195, or 609.20, may file a petition to have the person's conviction vacated when all of
the following apply:
new text end

new text begin (1) the person was found liable for a crime committed by another; and
new text end

new text begin (2) the person did not intentionally aid, advise, hire, counsel, or conspire with or otherwise
procure the other to commit the crime with intent to effect the death of a human being.
new text end

new text begin (b) The person shall file a petition under this section with the district court that sentenced
the person. Any filing fee for this petition is waived. The petition shall be signed under oath
by the petitioner and state the following:
new text end

new text begin (1) the petitioner's full name;
new text end

new text begin (2) the petitioner's date of birth;
new text end

new text begin (3) the district court case number and year of the petitioner's conviction;
new text end

new text begin (4) a declaration that the petitioner is eligible for relief; and
new text end

new text begin (5) whether the petitioner requests appointment of counsel.
new text end

new text begin (c) The prosecutorial office that had jurisdiction over the offense may file a petition on
behalf of a person described in paragraph (a). Any filing fee for a petition filed by the
prosecutorial office is waived. The prosecutorial office must provide notice to the person
on whose behalf the petition is filed.
new text end

new text begin (d) Within ten days of receipt of the petition, the court shall notify the prosecutorial
office that had jurisdiction over the offense and provide a copy of the petition to that office.
new text end

new text begin (e) Within 30 days of the receipt of the petition, the court shall review the petition and
determine whether the petitioner has made a prima facie showing that the petitioner is
entitled to relief. If the court determines that the petitioner did not make a prima facie
showing, the court may either request that the petitioner supplement the petition or enter
an order denying the petition. If the court determines that the petitioner has made a prima
facie showing, the court shall set the matter for a hearing.
new text end

new text begin (f) Unless the parties agree to a different time, the hearing shall be scheduled within 90
days of the court's determination that a petitioner has made a prima facie showing. The
parties may submit written arguments to the court prior to the date of the hearing and may
make oral arguments before the court at the hearing. The petitioner must be present at the
hearing, unless excused under Minnesota Rules of Criminal Procedure, rule 26.03,
subdivision 1, clause (3). The prosecutor and the petitioner may rely on the record of
conviction or offer new or additional evidence at the hearing. The court may cancel the
hearing if the parties stipulate that the petitioner is eligible to have the conviction vacated.
new text end

new text begin (g) If the court determines that the petitioner is entitled to relief, the court shall vacate
the conviction for a violation of Minnesota Statutes, section 609.185, 609.19, 609.195, or
609.20 and, if applicable, either:
new text end

new text begin (1) resentence the petitioner for any other offense for which the petitioner was convicted;
or
new text end

new text begin (2) enter a conviction and impose a sentence for any other predicate felony arising out
of the course of conduct that served as the factual basis for the conviction vacated by the
court.
new text end

new text begin A sentence imposed under this paragraph must not increase the petitioner's period of
confinement or, if the petitioner was serving a stayed sentence, increase the period of
supervision.
new text end

new text begin (h) A person who is resentenced under paragraph (g) is entitled to credit for time served
in connection with the vacated offense.
new text end

new text begin (i) Relief granted under this section shall not be treated as an exoneration for purposes
of the Incarceration and Exoneration Remedies Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end