SF 2418

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; specifying that the 
  1.3             prosecution may reply in rebuttal to the closing 
  1.4             argument of the defense; amending Minnesota Statutes 
  1.5             1997 Supplement, section 631.07; repealing Laws 1997, 
  1.6             chapter 239, article 3, section 23. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.9   631.07, is amended to read: 
  1.10     631.07 [ORDER OF FINAL ARGUMENT.] 
  1.11     When the giving of evidence is concluded in a criminal 
  1.12  trial, unless the case is submitted on both sides without 
  1.13  argument, the prosecution may make a closing argument to the 
  1.14  jury.  The defense may then make its closing argument to the 
  1.15  jury.  The court shall permit the prosecution to reply in 
  1.16  rebuttal, which shall be limited to a response to any 
  1.17  misstatement of law or fact or a statement that is inflammatory 
  1.18  or prejudicial made by the defense in its closing argument.  The 
  1.19  prosecution may then reply in rebuttal to the closing argument 
  1.20  of the defense. 
  1.21     Sec. 2.  [RULE SUPERSEDED.] 
  1.22     Minnesota Rules of Criminal Procedure, rule 26.03, 
  1.23  subdivision 11, is superseded to the extent it conflicts with 
  1.24  section 1. 
  1.25     Sec. 3.  [REPEALER.] 
  1.26     Laws 1997, chapter 239, article 3, section 23, is repealed. 
  2.1      Sec. 4.  [EFFECTIVE DATE.] 
  2.2      Sections 1 to 3 are effective August 1, 1998, and apply to 
  2.3   crimes committed on or after that date.