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SF 1296

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 04:11pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to public safety; requiring speedy trials and depositions for criminal cases
involving vulnerable adult victims; amending Minnesota Statutes 2018, section
611A.033; proposing coding for new law in Minnesota Statutes, chapter 630.

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

Section 1.

Minnesota Statutes 2018, section 611A.033, is amended to read:


611A.033 SPEEDY TRIAL; NOTICE OF SCHEDULE CHANGE.

(a) A victim has the right to request that the prosecutor make a demand under rule 11.09
of the Rules of Criminal Procedure that the trial be commenced within 60 days of the demand.
The prosecutor shall make reasonable efforts to comply with the victim's request.

(b) A prosecutor shall make reasonable efforts to provide advance notice of any change
in the schedule of the court proceedings to a victim who has been subpoenaed or requested
to testify.

(c) In a criminal proceeding in which a vulnerable adult, as defined in section 609.232,
subdivision 11, is a victim, the state maynew text begin , and, if requested to do so by the victim, the state
shall,new text end move the court for a speedy trial. The courtdeleted text begin , after consideration ofdeleted text end new text begin shall grant the
motion if it determines that new text end the age and health of the victimdeleted text begin , may grant a speedy trialdeleted text end new text begin justifies
doing sonew text end . The motion may be filed and served with the complaint or any time after the
complaint is filed and served.

Sec. 2.

new text begin [630.38] VULNERABLE ADULT VICTIM; MOTION FOR DEPOSITION.
 new text end

new text begin In a criminal proceeding in which a vulnerable adult, as defined in section 609.232,
subdivision 11, is a victim, the state may, and, if requested to do so by the victim, the state
shall, make a motion to depose the victim under Minnesota Rules of Criminal Procedure,
rule 21. The court shall grant the motion if it determines that the age and health of the victim
justifies doing so or if other criteria in the rule are met. If the motion is granted, the court
shall ensure that the deposition takes place as soon as is practicable.
 new text end