HF 1273

as introduced - 94th Legislature (2025 - 2026) Posted on 02/20/2025 02:49pm

A bill for an act
relating to public safety; exempting the Board of Pardons from the requirement to
hold open meetings when considering waiver requests; amending Minnesota
Statutes 2024, section 638.12, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2024, section 638.12, subdivision 2, is amended to read:

Subd. 2.

Pardon eligibility; waiver.

(a) Except as provided in paragraphs (b) and (c),
an individual convicted of a crime in a court of this state may apply for a pardon of the
individual's conviction on or after five years from the sentence's expiration or discharge
date.

(b) An individual convicted before August 1, 2023, of a violation of section 609.19,
subdivision 1, clause (1), under the theory of liability for crimes of another may apply for
a pardon upon the sentence's expiration or discharge date if the individual:

(1) was charged with a violation of section 609.185, paragraph (a), clause (3), and:

(i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);

(ii) did not cause the death of a human being; and

(iii) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being; or

(2) was charged with a violation of section 609.19, subdivision 2, and:

(i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);

(ii) did not cause the death of a human being; and

(iii) was not a major participant, as defined in section 609.05, subdivision 2a, paragraph
(c), in the underlying felony or did not act with extreme indifference to human life.

(c) An individual may request the board to waive the waiting period if there is a showing
of unusual circumstances and special need.

(d) The commission must review a waiver request and recommend to the board whether
to grant the request. When considering a waiver request, the commission deleted text begin is deleted text end new text begin and board are new text end
exempt from the meeting requirements under section 638.14 and chapter 13D.

(e) The board must grant a waiver request unless the governor or a board majority opposes
the waiver.

Sec. 2.

Minnesota Statutes 2024, section 638.12, subdivision 3, is amended to read:

Subd. 3.

Commutation eligibility.

(a) An individual may apply for a commutation of
an unexpired criminal sentence imposed by a court of this state, including an individual
confined in a correctional facility or on probation, parole, supervised release, or conditional
release. An application for commutation may not be filed until the date that the individual
has served at least one-half of the sentence imposed or on or after five years from the
conviction date, whichever is earlier.

(b) An individual may request the board to waive the waiting period if there is a showing
of unusual circumstances and special need.

(c) The commission must review a waiver request and recommend to the board whether
to grant the request. When considering a waiver request, the commission deleted text begin is deleted text end new text begin and board are new text end
exempt from the meeting requirements under section 638.14 and chapter 13D.

(d) The board must grant a waiver request unless the governor or a board majority
opposes the waiver.