SF 3840

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/29/2022 10:20am

A bill for an act
relating to public safety; limiting liability for felony murder committed by another
person; extending the task force on aiding and abetting felony murder; providing
for a report; amending Minnesota Statutes 2020, sections 609.05, subdivisions 1,
2; 609.185; 609.19, subdivision 2.

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

Section 1.

Minnesota Statutes 2020, section 609.05, subdivision 1, is amended to read:

Subdivision 1.

Aiding, abetting; liability.

A person is criminally liable for a crime
committed by another new text begin , except for a violation of section 609.185, paragraph (a), clause (2),
(3), (5), (6), or (7), or 609.19, subdivision 2, paragraph (a), clause (1), new text end if the person
intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other
to commit the crime.

Sec. 2.

Minnesota Statutes 2020, section 609.05, subdivision 2, is amended to read:

Subd. 2.

Expansive liability.

A person liable under subdivision 1 is also liable for any
other crime new text begin , except for a violation of section 609.185, paragraph (a), clause (2), (3), (5),
(6), or (7), or 609.19, subdivision 2, paragraph (a), clause (1), new text end committed in pursuance of
the intended crime if reasonably foreseeable by the person as a probable consequence of
committing or attempting to commit the crime intended.

Sec. 3.

Minnesota Statutes 2020, section 609.185, is amended to read:

609.185 MURDER IN THE FIRST DEGREE.

(a) Whoever does any of the following is guilty of murder in the first degree and shall
be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect the
death of the person or of another;

(2) causes the death of a human being while committing or attempting to commit criminal
sexual conduct in the first or second degree with force or violence, either upon or affecting
the person or another;

(3) causes the death of a human being with intent to effect the death of the person or
another, while committing or attempting to commit burglary, aggravated robbery, kidnapping,
arson in the first or second degree, a drive-by shooting, tampering with a witness in the first
degree, escape from custody, or any felony violation of chapter 152 involving the unlawful
sale of a controlled substance;

(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed
at a Minnesota state or local correctional facility, with intent to effect the death of that person
or another, while the person is engaged in the performance of official duties;

(5) causes the death of a minor while committing child abuse, when the perpetrator has
engaged in a past pattern of child abuse upon a child and the death occurs under
circumstances manifesting an extreme indifference to human life;

(6) causes the death of a human being while committing domestic abuse, when the
perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another
family or household member and the death occurs under circumstances manifesting an
extreme indifference to human life; or

(7) causes the death of a human being while committing, conspiring to commit, or
attempting to commit a felony crime to further terrorism and the death occurs under
circumstances manifesting an extreme indifference to human life.

(b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning
given in section 609.221, subdivision 2, paragraph (c), clause (4).

(c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section
609.221, subdivision 2, paragraph (c), clause (5).

(d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed
against a minor victim that constitutes a violation of the following laws of this state or any
similar laws of the United States or any other state: section 609.221; 609.222; 609.223;
609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.

(e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:

(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
any other state; and

(2) is committed against the victim who is a family or household member as defined in
section 518B.01, subdivision 2, paragraph (b).

(f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given
in section 609.714, subdivision 1.

new text begin (g) A person who commits or attempts to commit a felony listed in paragraph (a), clause
(2), (3), or (7), in which a death occurs, or commits a felony listed in paragraph (a), clause
(5) or (6), in which a death occurs, is guilty of murder in the first degree and shall be
sentenced to imprisonment for life only if the person was:
new text end

new text begin (1) the person who actually caused the death; or
new text end

new text begin (2) not the person who actually caused the death but, with the intent to cause the death,
intentionally aided, advised, hired, counseled, conspired with, or otherwise procured the
other person to commit murder in the first degree.
new text end

Sec. 4.

Minnesota Statutes 2020, section 609.19, subdivision 2, is amended to read:

Subd. 2.

Unintentional murders.

new text begin (a) new text end Whoever does either of the following is guilty of
unintentional murder in the second degree and may be sentenced to imprisonment for not
more than 40 years:

(1) causes the death of a human being, without intent to effect the death of any person,
while committing or attempting to commit a felony offense other than criminal sexual
conduct in the first or second degree with force or violence or a drive-by shooting; or

(2) causes the death of a human being without intent to effect the death of any person,
while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the
perpetrator is restrained under an order for protection and the victim is a person designated
to receive protection under the order. As used in this clause, "order for protection" includes
an order for protection issued under chapter 518B; a harassment restraining order issued
under section 609.748; a court order setting conditions of pretrial release or conditions of
a criminal sentence or juvenile court disposition; a restraining order issued in a marriage
dissolution action; and any order issued by a court of another state or of the United States
that is similar to any of these orders.

new text begin (b) A person who commits or attempts to commit a felony listed in paragraph (a), clause
(1), in which a death occurs is guilty of murder in the second degree only if the person was:
new text end

new text begin (1) the person who actually caused the death; or
new text end

new text begin (2) a major participant in the underlying felony and acted with extreme indifference to
human life.
new text end

Sec. 5. new text begin LIABILITY FOR CRIMES OF ANOTHER; RETROACTIVE
APPLICATION.
new text end

new text begin (a) A person convicted of a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (2), (3), (5), (6), or (7), may file a petition to have the person's conviction vacated
when the following apply:
new text end

new text begin (1) the person was found liable for a crime committed by another;
new text end

new text begin (2) the person did not actually cause the death; and
new text end

new text begin (3) the person did not intend to cause the death.
new text end

new text begin (b) A person convicted of a violation of Minnesota Statutes, section 609.19, subdivision
2, paragraph (a), clause (1), may file a petition to have the person's conviction vacated when
the following apply:
new text end

new text begin (1) the person was found liable for a crime committed by another;
new text end

new text begin (2) the person did not actually cause the death; and
new text end

new text begin (3) the person was not a major participant in the underlying felony and did not act with
extreme indifference to human life.
new text end

new text begin (c) The person described in paragraphs (a) and (b) shall file a petition under this section
with the district court that sentenced the person and shall serve the petition upon the
prosecutorial office in the jurisdiction. Any filing fee for this petition is waived. The petition
shall be signed under oath by the petitioner and state the following:
new text end

new text begin (1) the petitioner's full name;
new text end

new text begin (2) the petitioner's date of birth;
new text end

new text begin (3) the district court case number and year of the petitioner's conviction;
new text end

new text begin (4) a declaration that the petitioner is eligible for relief and the grounds upon which
relief is based; and
new text end

new text begin (5) whether the petitioner requests appointment of counsel.
new text end

new text begin (d) The prosecutorial office that had jurisdiction over the offense may file a petition on
behalf of a person described in paragraph (a). Any filing fee for a petition filed by the
prosecutorial office is waived. The prosecutorial office must provide notice to the person
on whose behalf the petition is filed.
new text end

new text begin (e) Within 30 days of service of the petition, the prosecutorial office in the jurisdiction
may file a response to the petition. The response shall address the petitioner's eligibility for
relief.
new text end

new text begin (f) Within ten days of service of the prosecutor's response, the petitioner may file a reply
to the response.
new text end

new text begin (g) Within 30 days of the receipt of the petition, the prosecution's response, and the
petitioner's reply, the court shall review the parties' filings and determine whether the
petitioner has made a prima facie showing that the petitioner is entitled to relief. If any of
the information required by this subdivision is missing from the petition and cannot be
readily ascertained by the court, the court may deny the petition without prejudice to the
filing of another petition and advise the petitioner that the matter cannot be considered
without the missing information. If the court determines that the petitioner did not make a
prima facie showing, the court may request that the petitioner supplement the petition or
enter an order denying the petition. If the court determines that the petitioner has made a
prima facie showing, the court shall set the matter for a hearing.
new text end

new text begin (h) Unless the parties agree to a different time, the hearing shall be scheduled within 90
days of the court's determination that a petitioner has made a prima facie showing. This
deadline may be extended by agreement of the parties or for good cause. The prosecutorial
office in the jurisdiction shall promptly notify all victims of the date of the hearing as
required under Minnesota Statutes, section 611A. The parties may submit written arguments
to the court prior to the date of the hearing and may make oral arguments before the court
at the hearing. The parties may waive a resentencing hearing and stipulate that the petitioner
is eligible to have the conviction vacated and for resentencing. The petitioner must be present
at the hearing, unless excused under Rules of Criminal Procedure, rule 26.03, subdivision
1, clause (3). The prosecutor and the petitioner may rely on the record of conviction or offer
new or additional evidence at the hearing. The court may cancel the hearing if the parties
stipulate that the petitioner is eligible to have the conviction vacated.
new text end

new text begin (i) If the court determines that the petitioner is entitled to relief, the court shall vacate
the conviction for a violation of Minnesota Statutes, section 609.185, paragraph (a), clause
(2), (3), (5), (6), or (7), or 609.19, subdivision 2, paragraph (a), clause (1), and, if applicable,
either:
new text end

new text begin (1) resentence the petitioner for any other offense for which the petitioner was convicted;
or
new text end

new text begin (2) enter a conviction and impose a sentence for any other predicate felony arising out
of the course of conduct that served as the factual basis for the conviction vacated by the
court.
new text end

new text begin (j) Victims shall have the right to submit a statement to the court at the time of any
resentencing as provided in Minnesota Statutes, section 611A.038.
new text end

new text begin (k) A sentence imposed under paragraph (i) may not increase the petitioner's period of
confinement or, if the petitioner was serving a stayed sentence, increase the period of
supervision.
new text end

new text begin (l) A person who is resentenced under paragraph (i) is entitled to credit for time served
in connection with the vacated offense.
new text end

new text begin (m) Relief granted under this section shall not be treated as an exoneration for purposes
of the Incarceration and Exoneration Remedies Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 6. new text begin TASK FORCE ON AIDING AND ABETTING FELONY MURDER.
new text end

new text begin (a) Laws 2021, First Special Session chapter 11, article 2, section 53, subdivisions 2, 3,
4, and 5, are revived and reenacted on the effective date of this section to expand the focus
of the task force's duties and work beyond the intersection of felony murder and aiding and
abetting liability for felony murder to more generally apply to the broader issues regarding
the state's felony murder doctrine and aiding and abetting liability schemes discussed in
"Task Force on Aiding and Abetting Felony Murder", Report to the Minnesota Legislature,
dated February 1, 2022, "The Task Force's recommendations", number 4.
new text end

new text begin (b) On or before January 15, 2022, the task force shall submit a report to the chairs and
ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over crime and sentencing on the findings and recommendations
of the task force.
new text end

new text begin (c) The task force expires January 16, 2022, or the day after submitting its report under
paragraph (b), whichever is earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end