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HF 1162

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2021 12:43pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/15/2021

Current Version - as introduced

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A bill for an act
relating to public safety; establishing a task force on sentencing for aiding and
abetting felony murder; requiring a report.

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

Section 1. new text beginTASK FORCE ON SENTENCING FOR AIDING AND ABETTING
FELONY MURDER.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the meanings
given:
new text end

new text begin (1) "aiding and abetting" means a person who is criminally liable for a crime committed
by another because that person intentionally aided, advised, hired, counseled, or conspired
with or otherwise procured the other to commit the crime; and
new text end

new text begin (2) "felony murder" means a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (2), (3), (5), (6), or (7); or 609.19, subdivision 2, clause (1).
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The task force on sentencing for aiding and abetting felony
murder is established to collect and analyze data on the charging, convicting, and sentencing
of people for aiding and abetting felony murder; assess whether current laws and practices
promote public safety and equity in sentencing; and make recommendations to the legislature.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The task force consists of the following members:
new text end

new text begin (1) the commissioner of corrections or a designee;
new text end

new text begin (2) the executive director of the Minnesota Sentencing Guidelines Commission or a
designee;
new text end

new text begin (3) the attorney general or a designee;
new text end

new text begin (4) the state public defender or a designee;
new text end

new text begin (5) the statewide coordinator of the Violent Crime Coordinating Council;
new text end

new text begin (6) one defense attorney appointed by the Minnesota Association of Criminal Defense
Lawyers;
new text end

new text begin (7) one county attorney appointed by the Minnesota County Attorneys Association;
new text end

new text begin (8) two members representing victims' rights organizations appointed by the Office of
Justice Programs director in the Department of Public Safety;
new text end

new text begin (9) two members of a criminal justice advocacy organization, one of which is a licensed
attorney appointed by the commissioner of human rights; and
new text end

new text begin (10) an impacted person who is directly related to a person who has been convicted of
felony murder appointed by the governor.
new text end

new text begin (b) Appointments must be made no later than July 30, 2021.
new text end

new text begin (c) Members shall serve without compensation.
new text end

new text begin (d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Officers; meetings. new text end

new text begin (a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end

new text begin (b) The commissioner of corrections shall convene the first meeting of the task force no
later than August 1, 2021, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
new text end

new text begin (c) The task force shall meet at least monthly or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end

new text begin (d) To compile and analyze data, the task force shall request the cooperation and
assistance of local law enforcement agencies, the Minnesota Sentencing Guidelines
Commission, the judicial branch, the Bureau of Criminal Apprehension, county attorneys,
and tribal governments and may request the cooperation of academics and others with
experience and expertise in researching the impact of laws criminalizing aiding and abetting
felony murder.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin (a) The task force shall, at a minimum:
new text end

new text begin (1) collect and analyze data on charges, convictions, and sentences for aiding and abetting
felony murder;
new text end

new text begin (2) collect and analyze data on sentences for aiding and abetting felony murder in which
a person received a mitigated durational departure because the person played a minor or
passive role in the crime or participated under circumstances of coercion or duress;
new text end

new text begin (3) collect and analyze data on charges, convictions, and sentences for codefendants of
people sentenced for aiding and abetting felony murder;
new text end

new text begin (4) review relevant state statutes and state and federal court decisions;
new text end

new text begin (5) receive input from individuals who were convicted of aiding and abetting felony
murder;
new text end

new text begin (6) receive input from family members of individuals who were victims of felony murder;
new text end

new text begin (7) analyze the benefits and unintended consequences of Minnesota Statutes and practices
related to the charging, convicting, and sentencing of people for aiding and abetting felony
murder including but not limited to an analysis of whether current statutes and practice:
new text end

new text begin (i) promote public safety; and
new text end

new text begin (ii) properly punish people for their role in an offense; and
new text end

new text begin (8) make recommendations for legislative action, if any, on laws affecting:
new text end

new text begin (i) the collection and reporting of data; and
new text end

new text begin (ii) the charging, convicting, and sentencing of people for aiding and abetting felony
murder.
new text end

new text begin (b) At its discretion, the task force may examine, as necessary, other related issues
consistent with this section.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin 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 criminal sentencing on the findings and
recommendations of the task force.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The task force expires the day after submitting its report under
subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end