SF 1084

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

A bill for an act
relating to public safety; clarifying requirements under crime victim rights law
to include victims of criminal sexual conduct to receive information regarding
orders for protection and restraining orders; amending Minnesota Statutes 2008,
section 611A.0315, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 611A.0315, subdivision 1, is amended to
read:

Subdivision 1.

Notice of decision not to prosecute.

(a) A prosecutor shall make
every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct
offense, or harassment that the prosecutor has decided to decline prosecution of the case
or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim
should include, in order of priority: (1) contacting the victim or a person designated by the
victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody,
the notification attempt shall be made before the suspect is released from custody.

(b) Whenever a prosecutor dismisses criminal charges against a person accused of
domestic assault, a criminal sexual conduct offense, or harassment, a record shall be made
of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the
witness, the prosecutor shall indicate the specific reason that the witness is unavailable.

(c) Whenever a prosecutor notifies a victim of domestic assault new text begin , criminal sexual
conduct, new text end or harassment under this section, the prosecutor shall also inform the victim of
the method and benefits of seeking an order for protection under section 518B.01 or a
restraining order under section 609.748 and that the victim may seek an order without
paying a fee.