SF 1934

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/08/2024 09:08am

A bill for an act
relating to public safety; clarifying the revocation of stay provision relating to
certain stays of adjudication and deferred prosecutions; amending Minnesota
Statutes 2022, section 609.14, subdivisions 2, 3, by adding a subdivision; Minnesota
Statutes 2023 Supplement, section 609.14, subdivision 1.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 609.14, subdivision 1, is amended
to read:

Subdivision 1.

Grounds.

(a) When it appears that the defendant has violated any of the
conditions of probation or intermediate sanction, or has otherwise been guilty of misconduct
deleted text begin which deleted text end new text begin that new text end warrants the deleted text begin imposing deleted text end new text begin adjudication of guilt, or imposition new text end or execution of sentence,
the court may without notice revoke the stay and direct that the defendant be taken into
immediate custody. Revocation shall only be used as a last resort when rehabilitation has
failed.

(b) When it appears that the defendant violated any of the conditions of probation during
the term of the stay, but the term of the stay has since expired, the defendant's probation
officer or the prosecutor may ask the court to initiate probation revocation proceedings
under the Rules of Criminal Procedure at any time within six months after the expiration
of the stay. The court also may initiate proceedings under these circumstances on its own
motion. If proceedings are initiated within this six-month period, the court may conduct a
revocation hearing and take any action authorized under rule 27.04 at any time during or
after the six-month period.

(c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after
proceedings to revoke the stay have been initiated by a court order revoking the stay and
directing either that the defendant be taken into custody or that a summons be issued in
accordance with paragraph (a), the proceedings to revoke the stay may be concluded and
the summary hearing provided by subdivision 2 may be conducted after the expiration of
the stay or after the six-month period set forth in paragraph (b). The proceedings to revoke
the stay shall not be dismissed on the basis that the summary hearing is conducted after the
term of the stay or after the six-month period. The ability or inability to locate or apprehend
the defendant prior to the expiration of the stay or during or after the six-month period shall
not preclude the court from conducting the summary hearing unless the defendant
demonstrates that the delay was purposefully caused by the state in order to gain an unfair
advantage.

Sec. 2.

Minnesota Statutes 2022, section 609.14, subdivision 2, is amended to read:

Subd. 2.

Notification of grounds for revocation.

The defendant shall thereupon be
notified in writing and in such manner as the court directs of the grounds alleged to exist
for revocation of the stay deleted text begin of imposition or execution of sentence deleted text end . If such grounds are brought
in issue by the defendant, a summary hearing shall be held thereon at which the defendant
is entitled to be heard and to be represented by counsel.

Sec. 3.

Minnesota Statutes 2022, section 609.14, subdivision 3, is amended to read:

Subd. 3.

Sentence.

If any of such grounds are found to exist the court may:

(1) if imposition of sentence was previously stayed, again stay sentence or impose
sentence and stay the execution thereof, and in either event place the defendant on probation
or order intermediate sanctions pursuant to section 609.135, or impose sentence and order
execution thereof; deleted text begin or
deleted text end

(2) if sentence was previously imposed and execution thereof stayed, continue such stay
and place the defendant on probation or order intermediate sanctions in accordance with
the provisions of section 609.135, or order execution of the sentence previously imposed new text begin ;
or
new text end

new text begin (3) if adjudication was stayed or prosecution was deferred, continue the stay without
intermediate sanctions, continue it with intermediate sanctions, or adjudicate guilt and
proceed as otherwise provided, including, in the event of a felony conviction, as provided
in section 244.10 new text end .

Sec. 4.

Minnesota Statutes 2022, section 609.14, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "stay" means a stay of adjudication,
a stay of imposition, a stay of execution, or a deferred prosecution.
new text end