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Minnesota Legislature

Office of the Revisor of Statutes

HF 707

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2019 04:17pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; modifying compensation for exonerated persons; amending
Minnesota Statutes 2018, sections 590.11, subdivisions 1, 2, 5, 7; 611.365,
subdivisions 2, 3; 611.367; 611.368.

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

Section 1.

Minnesota Statutes 2018, section 590.11, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginDefinitiondeleted text end new text beginDefinitionsnew text end.

new text begin(a)new text end For purposes of this section, new text beginthe following
terms have the meanings given them.
new text end

new text begin (b) new text end"Exonerated" means that:

(1) a court deleted text beginof this statedeleted text end:

(i) vacated deleted text beginordeleted text endnew text begin,new text end reversednew text begin, or set asidenew text end a judgment of conviction on grounds consistent with
innocence and new text beginthere are no remaining felony charges in effect against the petitioner from
the same behavioral incident, or if there are remaining felony charges against the petitioner
from the same behavioral incident,
new text endthe prosecutor deleted text begindismissed thedeleted text endnew text begin dismisses those remaining
felony
new text end charges; or

(ii) ordered a new trial on grounds consistent with innocence and the prosecutor dismissed
deleted text begin the charges or the petitioner was found not guilty at the new trialdeleted text endnew text begin all felony charges against
the petitioner arising from the same behavioral incident or the petitioner was found not
guilty of all felony charges arising from the same behavioral incident at the new trial
new text end; deleted text beginand
deleted text end

(2) the time for appeal of the order resulting in exoneration has expired or the order has
been affirmed and is finaldeleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) 60 days have passed since the judgment of conviction was reversed or vacated, and
the prosecutor has not filed any felony charges against the petitioner from the same behavioral
incident, or if the prosecutor did file felony charges against the petitioner from the same
behavioral incident, those felony charges were dismissed or the defendant was found not
guilty of those charges at the new trial.
new text end

new text begin (c) "On grounds consistent with innocence" means either:
new text end

new text begin (1) exonerated, through a pardon or sentence commutation, based on factual innocence;
or
new text end

new text begin (2) exonerated because the judgment of conviction was vacated or reversed, or a new
trial was ordered, and there is any evidence of factual innocence whether it was available
at the time of investigation or trial or is newly discovered evidence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 2.

Minnesota Statutes 2018, section 590.11, subdivision 2, is amended to read:


Subd. 2.

Procedure.

A petition for an order declaring eligibility for compensation based
on exoneration under sections 611.362 to 611.368 must be brought before the district court
where the original conviction was obtained. The state must be represented by the office of
the prosecutor that obtained the conviction or the prosecutor's successor. Within 60 days
after the filing of the petition, the prosecutor must respond to the petition. A petition must
be brought within two years, but no less than 60 days after the petitioner is exonerated.
deleted text begin Persons released from custody after being exonerated before July 1, 2014, must commence
an action under this section within two years of July 1, 2014.
deleted text endnew text begin If before July 1, 2019, a person
did not meet both requirements of Minnesota Statutes 2018, section 590.11, subdivision 1,
clause (1), item (i), and did not file a petition or the petition was denied, that person may
commence an action meeting the requirements under subdivision 1, paragraph (b), clause
(1), item (i), on or after July 1, 2019, and before July 1, 2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 3.

Minnesota Statutes 2018, section 590.11, subdivision 5, is amended to read:


Subd. 5.

Elements.

(a) A claim for compensation arises if a person is eligible for
compensation under subdivision 3 and:

(1) the person was convicted of a felony and served any part of the imposed sentence
deleted text begin in prisondeleted text end;

(2) in cases where the person was convicted of multiple charges arising out of the same
behavioral incident, the person was exonerated for all of those charges;

(3) the person did not commit or induce another person to commit perjury or fabricate
evidence to cause or bring about the conviction; and

(4) the person was not serving a term of deleted text beginimprisonmentdeleted text endnew text begin incarcerationnew text end for another crime
at the same time, deleted text beginprovided thatdeleted text endnew text begin except:
new text end

new text begin (i)new text end if the person served additional time in prison new text beginor jail new text enddue to the conviction that is the
basis of the claim, the person may make a claim for that portion of time served in prison new text beginor
jail
new text endduring which the person was serving no other sentencedeleted text begin.deleted text endnew text begin; or
new text end

new text begin (ii) if the person served additional executed sentences that had been previously stayed,
and the reason the additional stayed sentences were executed was due to the conviction that
is the basis for the claim.
new text end

(b) A claimant may make a claim only for that portion of time served in prison new text beginor jail
new text end during which the claimant was serving no other sentencenew text begin, unless the other sentence arose
from the circumstances described in paragraph (a), clause (4), item (ii)
new text end.

(c) A confession or admission later found to be false or a guilty plea to a crime the
claimant did not commit does not constitute bringing about the claimant's conviction for
purposes of paragraph (a), clause (3).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 4.

Minnesota Statutes 2018, section 590.11, subdivision 7, is amended to read:


Subd. 7.

Order.

If, after considering all the files and records admitted and any evidence
admitted at a hearing held pursuant to subdivision 4, the court determines that the petitioner
is eligible for compensation, the court shall issue an order containing its findings and, if
applicable, indicate the portion of the term of deleted text beginimprisonmentdeleted text endnew text begin incarcerationnew text end for which the
petitioner is entitled to make a claim. The court shall notify the petitioner of the right to file
a claim for compensation under sections 611.362 to 611.368 and provide the petitioner with
a copy of those sections. The petitioner must acknowledge receipt of the notice and a copy
of those sections in writing or on the record before the court.

Sec. 5.

Minnesota Statutes 2018, section 611.365, subdivision 2, is amended to read:


Subd. 2.

Reimbursement; monetary damages; attorney fees.

(a) The claimant is
entitled to reimbursement for all restitution, assessments, fees, court costs, and other sums
paid by the claimant as required by the judgment and sentence. In addition, the claimant is
entitled to monetary damages of not less than $50,000 for each year of deleted text beginimprisonmentdeleted text endnew text begin
incarceration
new text end, and not less than $25,000 for each year served on supervised release new text beginor
probation
new text endor as a registered predatory offender, to be prorated for partial years served. In
calculatingnew text begin additionalnew text end monetary damages, the panel shall consider:

(1) economic damages, including reasonable attorney fees, lost wages, reimbursement
for costs associated with the claimant's criminal defense;

(2) reimbursement for medical and dental expenses that the claimant already incurred
and future unpaid expenses expected to be incurred as a result of the claimant's deleted text beginimprisonmentdeleted text endnew text begin
incarceration
new text end;

(3) noneconomic damages for personal physical injuries or sickness and any nonphysical
injuries or sickness incurred as a result of deleted text beginimprisonmentdeleted text endnew text begin incarcerationnew text end;

(4) reimbursement for any tuition and fees paid for each semester successfully completed
by the claimant in an educational program or for employment skills and development training,
up to the equivalent value of a four-year degree at a public university, and reasonable
payment for future unpaid costs for education and training, not to exceed the anticipated
cost of a four-year degree at a public university;

(5) reimbursement for paid or unpaid child support payments owed by the claimant that
became due, and interest on child support arrearages that accrued, during the time served
in prison provided that there shall be no reimbursement for any child support payments
already owed before the claimant's incarceration; and

(6) reimbursement for reasonable costs of paid or unpaid reintegrative expenses for
immediate services secured by the claimant upon exoneration and release, including housing,
transportation and subsistence, reintegrative services, and medical and dental health care
costs.

(b) The panel shall award the claimant reasonable attorney fees incurred in bringing a
claim under sections 611.362 to 611.368 and in obtaining an order of eligibility for
compensation based on exoneration under chapter 590.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 6.

Minnesota Statutes 2018, section 611.365, subdivision 3, is amended to read:


Subd. 3.

Limits on damages.

There is no limit on the aggregate amount of damages
that may be awarded under this section. Damages that may be awarded under subdivision
2, paragraph (a), clauses (1) and (4) to (6), are limited to $100,000 per year of deleted text beginimprisonmentdeleted text endnew text begin
incarceration
new text end and $50,000 per year served on supervised release new text beginor probation new text endor as a registered
predatory offender.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 7.

Minnesota Statutes 2018, section 611.367, is amended to read:


611.367 COMPENSATING EXONERATED PERSONS; APPROPRIATIONS
PROCESS.

The compensation panel established in section 611.363 shall forward an award of damages
under section 611.365 to the commissioner of management and budget. The commissioner
shall submit the amount of the award to the legislature for consideration as an appropriationdeleted text begin
during the next session of the legislature
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 8.

Minnesota Statutes 2018, section 611.368, is amended to read:


611.368 SHORT TITLE.

Sections 611.362 to 611.368 shall be cited as the "deleted text beginImprisonmentdeleted text endnew text begin Incarcerationnew text end and
Exoneration Remedies Act."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end