SF 1615

as introduced - 90th Legislature (2017 - 2018) Posted on 05/10/2017 05:55pm

A bill for an act
relating to courts; updating outdated statutes pertaining to court reporters; modifying
name of drug court to treatment court; authorizing direct appeals of referee orders
and decrees in probate or civil commitment court proceedings to the Court of
Appeals; clarifying statutes related to penalty of perjury for documents provided
to the court; modifying service of harassment restraining orders; amending
Minnesota Statutes 2016, sections 243.49; 299A.707, subdivision 2; 357.42;
358.116; 484.70, subdivision 7; 484.702, by adding a subdivision; 486.01; 486.02;
486.05, subdivision 1; 486.06; 609.48, by adding a subdivision; 609.748,
subdivision 4; repealing Minnesota Statutes 2016, sections 484.72; 486.05,
subdivision 1a; 525.112.

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

Section 1.

Minnesota Statutes 2016, section 243.49, is amended to read:

243.49 COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.

Upon a plea of guilty or finding of guilty after trial, the court administrator of every
court which sentences a defendant for a felony or gross misdemeanor to the custody of the
commissioner of corrections or to the superintendent of the workhouse or work farm, shall
provide the officer or person having custody of the defendant a certified record for
commitment, including deleted text begin (1) deleted text end a copy of the indictment and plea deleted text begin , (2) a transcript of the sentencing
proceedings, with the date thereof, together with the defendant's statement under oath, if
obtained, as to the defendant's true name, residence, if any, the date and place of birth, the
names and addresses of parents and other relatives and of employers and others who know
the defendant well, social and other affiliations, past occupations and employments, former
places of residence and the period of time and the dates the defendant has resided in each,
citizenship, the number, dates, places and causes of any prior convictions, and (3) if the
person pleaded guilty, a transcript of the sentencing proceedings deleted text end . The record shall also
include the trial judge's impressions of the defendant's mental and physical condition, general
character, capacity, disposition, habits and special needs. deleted text begin The court reporter shall provide
the required transcripts. deleted text end The certified record for commitment may be used as evidence in
any postconviction proceeding brought by the defendant. The court administrator shall also
deliver to the sheriff or other officer or person conveying the defendant to the correctional
facility, workhouse, or work farm designated by the commissioner of corrections or the
judge a warrant of commitment together with a certified copy of the warrant directing the
conveyor to deliver the person and the certified record for commitment to the principal
officer in charge of the correctional facility, workhouse, or work farm. Upon the delivery
of any person, the principal officer in charge of the correctional facility, workhouse, or work
farm shall keep the certified copy of the warrant of commitment and endorse the principal
officer's receipt upon the original, which shall be filed with the sentencing court. The court
administrator shall retain deleted text begin one copy of the required transcripts, and deleted text end a deleted text begin tape deleted text end recording and the
court reporter's notes of all deleted text begin other deleted text end proceedings.

Sec. 2.

Minnesota Statutes 2016, section 299A.707, subdivision 2, is amended to read:

Subd. 2.

Account purpose, grants.

Money in this account shall be allocated by a grant
program administered by the commissioner of public safety through the Office of Justice
Programs. Local units of government and nonprofit organizations are eligible for grants to
establish or operate chemical dependency and mental health treatment programs, programs
that improve supervision, including pretrial and precharge supervision, and programs to
reduce recidivism of controlled substances offenders on probation or supervised release or
participating in deleted text begin drug deleted text end new text begin treatment new text end courts or to fund local participation in deleted text begin drug deleted text end new text begin treatment new text end court
initiatives approved by the Judicial Council.

Sec. 3.

Minnesota Statutes 2016, section 357.42, is amended to read:

357.42 deleted text begin DRUG deleted text end new text begin TREATMENT new text end COURT FEES.

(a) When a court establishes a deleted text begin drug deleted text end new text begin treatment new text end court process, the court may establish one
or more fees for services provided to defendants participating in the process.

(b) In each fiscal year, the court shall deposit the deleted text begin drug deleted text end new text begin treatment new text end court participation fees
in the special revenue fund and credit the fees to a separate account for the trial courts. The
balance in this account is appropriated to the trial courts and does not cancel but is available
until expended. Expenditures from this account must be made for deleted text begin drug deleted text end new text begin treatment new text end court
purposes.

Sec. 4.

Minnesota Statutes 2016, section 358.116, is amended to read:

358.116 COURT DOCUMENTS.

Unless specifically required by court rule, a pleading, motion, affidavit, or other document
filed with a court of the Minnesota judicial branch new text begin , or presented to a judge or judicial officer
in support of a request for a court order, warrant, or other relief, new text end is not required to be
notarized. Signing a document filed with the court new text begin or presented to a judge or judicial officer new text end
constitutes "verification upon oath or affirmation" as defined in section 358.41, clause (3),
without administration of an oath under section 358.07, provided that the signature, as
defined by court rules, is affixed immediately below a declaration using substantially the
following language: "I declare under penalty of perjury that everything I have stated in this
document is true and correct." In addition to the signature, the date of signing and the county
and state where the document was signed shall be noted on the document. A person who
signs knowing that the document is false in any material respect is guilty of perjury under
section 609.48, even if the date, county, and state of signing are omitted from the document.

Sec. 5.

Minnesota Statutes 2016, section 484.70, subdivision 7, is amended to read:

Subd. 7.

Referee duties.

The duties and powers of referees shall be as follows:

(a) Hear and report all matters assigned by the chief judge.

(b) Recommend findings of fact, conclusions of law, temporary and interim orders, and
final orders for judgment.

All recommended orders and findings of a referee shall be subject to confirmation by a
judge.

(c) Upon the conclusion of the hearing in each case, the referee shall transmit to a judge
the court file together with recommended findings and orders in writing. The recommended
findings and orders of a referee become the findings and orders of the court when confirmed
by a judge. The order of the court shall be proof of such confirmation, and also of the fact
that the matter was duly referred to the referees.

(d) Review of any recommended order or finding of a referee by a judge may be by
notice served and filed within ten days of effective notice of the recommended order or
finding. The notice of review shall specify the grounds for review and the specific provisions
of the recommended findings or orders disputed, and the court, upon receipt of a notice of
review, shall set a time and place for a review hearing.

(e) All orders and findings recommended by a referee become an effective order when
countersigned by a judge and remain effective during the pendency of a review, including
a remand to the referee, unless a judge:

(1) expressly stays the effect of the order;

(2) changes the order during the pendency of the review; or

(3) changes or vacates the order upon completion of the review.

new text begin (f) Notwithstanding paragraphs (d) and (e), referee orders and decrees in probate or civil
commitment court proceedings, if appealed, must be appealed directly to the Court of
Appeals, in the same manner as judicial orders and decrees.
new text end

Sec. 6.

Minnesota Statutes 2016, section 484.702, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Expedited child support process. new text end

new text begin Hearings and proceedings conducted in the
expedited child support process under this section may be reported by use of electronic
recording equipment provided that the equipment meets the minimum standards established
by the state court administrator. Electronic recording equipment must be operated and
monitored by a person who meets the minimum qualifications established by the state court
administrator.
new text end

Sec. 7.

Minnesota Statutes 2016, section 486.01, is amended to read:

486.01 APPOINTMENT, DUTIES, BOND; SUBSTITUTES.

Each judge, by deleted text begin duplicate orders deleted text end new text begin order new text end filed with the court administrator deleted text begin and county
auditor of the several counties of the judge's district deleted text end , may appoint a competent deleted text begin stenographer
deleted text end new text begin court reporter new text end as reporter of the court, to hold office during the judge's pleasure, and to act
as the judge's secretary in all matters pertaining to official duties. deleted text begin Such reporter shall give
bond to the state in the sum of $2,000, to be approved by the appointing judge, conditioned
for the faithful and impartial discharge of all the reporter's duties, which bond, with the oath
of office, shall be filed with the court administrator in the county in which the judge resides.
deleted text end

deleted text begin Whenever the official reporter so appointed, because of sickness or physical disability,
is temporarily unable to perform duties, the judge of the court affected may, if another
official court reporter is not available, secure for the temporary period of disability of the
official court reporter, another competent reporter to perform such duties for not to exceed
60 days in any calendar year. The substitute court reporter so appointed shall receive as
salary an amount equal to the salary of the official court reporter for the period of time
involved and shall also receive in addition thereto expenses and fees provided by sections
486.05 and 486.06. The salary of such substitute reporter shall be paid in the manner now
provided by law for the payment of the salary of the official court reporter. The substitute
court reporter shall not be required to furnish bond, unless ordered by the judge to do so.
The employment of and the compensation paid to such substitute reporter shall in no way
affect or prejudice the employment of and the compensation paid to the official court reporter
of said court.
deleted text end

Sec. 8.

Minnesota Statutes 2016, section 486.02, is amended to read:

486.02 deleted text begin STENOGRAPHIC deleted text end RECORD.

deleted text begin Except as provided in section 484.72, deleted text end A competent deleted text begin stenographer deleted text end new text begin court reporter new text end who
meets minimum qualifications promulgated by the Supreme Court, shall make a complete
deleted text begin stenographic deleted text end record of all testimony given and all proceedings had before the judge upon
the trial of issues of fact, with or without a jury, or before any referee appointed by such
judge. In so doing the deleted text begin stenographer deleted text end new text begin court reporter new text end shall take down all questions in the exact
language thereof, and all answers thereto precisely as given by the witness or by the sworn
interpreter. The deleted text begin stenographer deleted text end new text begin court reporter new text end shall also record, verbatim, all objections made,
and the grounds thereof as stated by counsel, all rulings thereon, all exceptions taken, all
motions, orders, and admissions made and the charge to the jury. When directed so to do
by the judge, the deleted text begin stenographer deleted text end new text begin court reporter new text end shall make a like record of any other matter
or proceeding, and shall read to such judge or referee any record made by the deleted text begin stenographer deleted text end new text begin
court reporter new text end , or transcribe the same, without charge, for any purpose in furtherance of
justice.

Sec. 9.

Minnesota Statutes 2016, section 486.05, subdivision 1, is amended to read:

Subdivision 1.

Salaries.

The salary for each court reporter shall be set deleted text begin annually by the
district administrator deleted text end new text begin as provided in judicial branch personnel policies and collective
bargaining agreements new text end within the range established under section 480.181 as provided in
the judicial branch personnel rules.

Sec. 10.

Minnesota Statutes 2016, section 486.06, is amended to read:

486.06 CHARGE FOR TRANSCRIPT.

In addition to the salary set in section 486.05, the court reporter may charge for a
transcript of a record ordered by any person other than the judge deleted text begin 50 cents per original folio
thereof and ten cents per folio for each manifold or other copy thereof when so ordered that
it can be made with the original transcript. The chief judge of the judicial district may by
order establish new transcript fee ceilings annually deleted text end new text begin a rate set by the chief justice new text end .

A court reporter may impose a fee authorized under this section only if the transcript is
delivered to the person who ordered it within a reasonable time after it was ordered.

Sec. 11.

Minnesota Statutes 2016, section 609.48, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Venue. new text end

new text begin A violation of subdivision 1, clause (4), may be prosecuted in the county
where the statement, under penalty of perjury, was signed, or the county of the district court
in which the statement was filed.
new text end

Sec. 12.

Minnesota Statutes 2016, section 609.748, subdivision 4, is amended to read:

Subd. 4.

Temporary restraining order; relief by court.

(a) The court may issue a
temporary restraining order that provides any or all of the following:

(1) orders the respondent to cease or avoid the harassment of another person; or

(2) orders the respondent to have no contact with another person.

(b) The court may issue an order under paragraph (a) if the petitioner files a petition in
compliance with subdivision 3 and if the court finds reasonable grounds to believe that the
respondent has engaged in harassment. When a petition alleges harassment as defined by
subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate and
present danger of harassment before the court may issue a temporary restraining order under
this section. When signed by a referee, the temporary order becomes effective upon the
referee's signature.

(c) Notice need not be given to the respondent before the court issues a temporary
restraining order under this subdivision. A copy of the restraining order must be served on
the respondent along with the order for hearing and petition, as provided in subdivision 3.
If the respondent is a juvenile, whenever possible, a copy of the restraining order, along
with notice of the pendency of the case and the time and place of the hearing, shall also be
served by mail at the last known address upon any parent or guardian of the juvenile
respondent who is not the petitioner. A temporary restraining order may be entered only
against the respondent named in the petition.

(d) The temporary restraining order is in effect until a hearing is held on the issuance of
a restraining order under subdivision 5. The court shall hold the hearing on the issuance of
a restraining order if the petitioner requests a hearing. The hearing may be continued by the
court upon a showing that the respondent has not been served with a copy of the temporary
restraining order despite the exercise of due diligence or if service is made by published
notice under subdivision 3 and the petitioner files the affidavit required under that
subdivision.

(e) If the temporary restraining order has been issued and the respondent requests a
hearing, the hearing shall be scheduled by the court upon receipt of the respondent's request.
Service of the notice of hearing must be made upon the petitioner not less than five days
prior to the hearing. The court shall serve the notice of the hearing upon the petitioner by
mail in the manner provided in the Rules of Civil Procedure for pleadings subsequent to a
complaint and motions and shall also mail notice of the date and time of the hearing to the
respondent. In the event that service cannot be completed in time to give the respondent or
petitioner the minimum notice required under this subdivision, the court may set a new
hearing date.

(f) A request for a hearing under this subdivision must be made within deleted text begin 45 deleted text end new text begin 20 new text end days deleted text begin after
the temporary restraining order is issued deleted text end new text begin of the date of completed service of the petition new text end .

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 484.72; 486.05, subdivision 1a; and 525.112, new text end new text begin are
repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-3598

484.72 ELECTRONIC RECORDING OF COURT PROCEEDINGS.

Subdivision 1.

Authorization.

Except as provided in subdivision 4, electronic recording equipment may be used to record court proceedings in lieu of a court reporter. However, at the request of any party to any proceedings, the court may, in its discretion, require a competent stenographer who meets minimum qualifications promulgated by the Supreme Court, to make a complete stenographic record of the proceedings.

Subd. 2.

Appointment of operator, costs and payment.

The court shall have the authority to appoint a person or persons to operate and monitor electronic recording equipment. The person or persons may be paid on a salary basis, on a contract basis, or such other basis as the court deems appropriate.

Subd. 3.

Specification for electronic recording equipment; qualifications for operator.

For the purpose of this section the state court administrator shall promulgate specifications for acceptable electronic recording equipment used to record court proceedings and minimum qualifications for the persons who operate and monitor the equipment.

Subd. 4.

Limitations on use of electronic recording equipment.

A competent stenographer who meets minimum qualifications promulgated by the Supreme Court, shall make a complete stenographic record of the following court proceedings:

(1) Felony and gross misdemeanor offenses, except arraignments and first appearance in district court as specified in rule 8 of the Rules of Criminal Procedure.

(2) District court jury trials.

(3) Contested district court trials and fact-finding hearings. Where required by statute or court rule, electronic recording equipment may be used in addition to the services of a competent stenographer.

Subd. 5.

Malfunction of electronic recording.

If, when electronic recording equipment is used, a malfunction occurs in the recording process so that the recording is incomplete, the court may declare a mistrial if the malfunction is discovered during the trial. If the malfunction is discovered in the course of preparing a transcript after a verdict has been entered, the court may grant a new trial upon motion of any party.

Subd. 6.

Expedited child support process.

Notwithstanding subdivisions 1 and 4, hearings and proceedings conducted in the expedited child support process under section 484.702 may be reported by use of electronic recording equipment provided that the equipment meets the minimum standards promulgated by the state court administrator. Electronic recording equipment must be operated and monitored by a person who meets the minimum qualifications promulgated by the state court administrator.

486.05 DISTRICT COURT; REPORTERS' SALARIES AND EXPENSES.

Subd. 1a.

Expenses.

A court reporter, in addition to a salary, shall be paid necessary mileage, traveling, and hotel expenses incurred in the discharge of official duties while absent from the home chambers where the judge the reporter serves is assigned. The expenses are to be paid by the state upon presentation of a verified itemized statement approved by the judge.

525.112 COURT REPORTERS FOR HENNEPIN COUNTY COURT.

The county judge or judge of probate of any county now having or which may hereafter have 400,000 inhabitants, or over, may appoint a competent stenographer as court reporter and secretary, who shall be paid a salary of $3,000 per annum; and, in addition to this salary, the court reporter may also be paid such fees for transcripts of evidence made in relation to probate hearings, as the judge of probate shall fix and allow, and appoint two additional clerks who shall be competent stenographers, who shall each be paid a salary of $1,200 per annum.