Minnesota Legislature
HF 1998
1st Engrossment - 94th Legislature (2025 - 2026) Posted on 04/03/2025 04:14pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/06/2025 | |
| 1st Engrossment | Posted on 03/20/2025 |
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A bill for an act
relating to public safety; extending victim notification to order for protection and
harassment restraining order violations not prosecuted; clarifying and updating
victim notification requirements for law enforcement agencies and prosecutors;
amending Minnesota Statutes 2024, sections 611A.02; 611A.0315; 629.341,
subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 611A.02, is amended to read:
611A.02 NOTIFICATION OF VICTIM SERVICES AND VICTIMS' RIGHTS.
Subd. 2.
Victims' rights.
(a) The Office of Justice Programs in the Department of Public
Safety shall update the deleted text begin twodeleted text end model notices of the rights of crime victimsnew text begin required to be
distributed under this section and section 629.341new text end .
(b) The initial notice of the rights of crime victims must be distributed by a peace officer
to each victim, as defined in section 611A.01, at the time of initial contact with the victimnew text begin
at the scene or when the victim makes a reportnew text end . The noticenew text begin , which can be distributed as a
document or electronically,new text end must inform a victim of:
(1) the victim's right to apply deleted text begin for reparationsdeleted text end new text begin to the Minnesota Crime Victims
Reimbursement Programnew text end to cover losses, not including property losses, resulting from a
violent crime deleted text begin and the telephone number to call to request an applicationdeleted text end new text begin and information
on how to applynew text end ;
(2) the victim's right to request that the law enforcement agency withhold public access
to data revealing the victim's identity under section 13.82, subdivision 17, paragraph (d);
(3) the additional rights of domestic abuse victims as described in section 629.341;
(4) information on new text begin statewide crime victim help lines, the state address confidentiality
program, and new text end the nearest crime victim assistance program or resource;new text begin and
new text end
(5) the deleted text begin victim's rights, if an offender is charged, to be informed of and participate in the
prosecution process, including the right to request restitution; anddeleted text end new text begin right to be notified if an
offender is charged, to participate in the prosecution process, and to request restitution upon
conviction.
new text end
deleted text begin (6)deleted text end new text begin (c) A supplemental notice must be distributed by law enforcement agenciesnew text end in
homicide casesdeleted text begin ,deleted text end new text begin and must include resources and information specific to homicide victims
andnew text end information on rights and procedures available under sections 524.2-803, 524.3-614,
and 524.3-615.
deleted text begin (c)deleted text end new text begin (d)new text end A supplemental notice of the rights of crime victims must be distributed by the
city or county attorney's office to each victimdeleted text begin ,deleted text end within a reasonable time after the offender
is charged or petitioned. This notice must inform a victim of all the rights of crime victims
under this chapter.
Subd. 3.
Notice of rights of victims in juvenile court.
deleted text begin (a) The Office of Justice Programs
in the Department of Public Safety shall update the notice of the rights of victims in juvenile
court that explainsdeleted text end new text begin A supplemental notice shall be distributed by the prosecutor's office to
each victim of an offense committed by a juvenile within a reasonable time after the petition
is filed. This notice must notify the victim ofnew text end :
(1) the rights of victims in the juvenile court;
(2) when a juvenile matter is public;
(3) the procedures to be followed in juvenile court proceedings; deleted text begin and
deleted text end
new text begin
(4) the right to attend certain juvenile court proceedings;
new text end
new text begin
(5) the information related to the juvenile case that is available to victims; and
new text end
deleted text begin (4)deleted text end new text begin (6)new text end other relevant matters.
deleted text begin
(b) The juvenile court shall distribute a copy of the notice to each victim of juvenile
crime who attends a juvenile court proceeding, along with a notice of services for victims
available in that judicial district.
deleted text end
Sec. 2.
Minnesota Statutes 2024, section 611A.0315, is amended to read:
611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; CRIMINAL
SEXUAL CONDUCT; HARASSMENT; STALKING.
Subdivision 1.
Notice of decision not to prosecute.
(a) A prosecutor shall make every
reasonable effort to notify a victim of domestic assault, a criminal sexual conduct offense,
deleted text begin ordeleted text end harassment or stalkingnew text begin , a violation of an order for protection, domestic abuse no contact
order, or harassment restraining ordernew text end that the prosecutor has decided to decline prosecution
of the case or to dismiss the criminal charges filed against the defendant. Efforts to notify
the victim should include, in order of priority: (1) contacting the victim or a person designated
by the victim by telephone; and (2) contacting the victim by new text begin email or new text end mail. If a suspect is
still in custody, deleted text begin thedeleted text end new text begin a telephone or emailnew text end notification attempt shall be made before the suspect
is released from custody.
(b) Whenever a prosecutor dismisses criminal charges against a person accused of
domestic assault, a criminal sexual conduct offense, deleted text begin ordeleted text end harassment or stalking, new text begin a violation
of an order for protection, or a violation of a harassment restraining order, new text end a record shall be
made of the specific reasons for the dismissal. If the dismissal is due to the unavailability
of the witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual conduct,
or harassment or stalking under this section, the prosecutor shall also inform the victim of
the method and benefits of seeking an order for protection under section 518B.01 or a
restraining order under section 609.748 and that the victim may seek an order without paying
a fee.
Subd. 2.
Definitions.
For the purposes of this section, the following terms have the
meanings given them.
(a) "Assault" has the meaning given it in section 609.02, subdivision 10.
(b) "Domestic assault" means an assault committed by the actor against a family or
household member.
(c) "Family or household member" has the meaning given it in section 518B.01,
subdivision 2.
(d) "Harassment" or "stalking" means a violation of section 609.749.
(e) "Criminal sexual conduct offense" means a violation of sections 609.342 to 609.3453.
new text begin
(f) "Violation of an order for protection" has the meaning given in section 518B.01,
subdivision 14.
new text end
new text begin
(g) "Violation of a harassment restraining order" has the meaning given in section
609.748, subdivision 6.
new text end
Sec. 3.
Minnesota Statutes 2024, section 629.341, subdivision 3, is amended to read:
Subd. 3.
Notice of rights.
The peace officer shall deleted text begin telldeleted text end new text begin orally notifynew text end the victim deleted text begin whether
adeleted text end new text begin aboutnew text end shelter or other services deleted text begin aredeleted text end available in the community and give the victim immediate
new text begin written new text end notice of the legal deleted text begin rights anddeleted text end remedies new text begin and resources new text end available. The new text begin written new text end notice
must include deleted text begin furnishing the victim a copy ofdeleted text end the following statement:
deleted text begin
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or
county attorney to file a criminal complaint. You also have the right to go to court and file
a petition requesting an order for protection from domestic abuse. The order could include
the following:
deleted text end
deleted text begin
(1) an order restraining the abuser from further acts of abuse;
deleted text end
deleted text begin
(2) an order directing the abuser to leave your household;
deleted text end
deleted text begin
(3) an order preventing the abuser from entering your residence, school, business, or
place of employment;
deleted text end
deleted text begin
(4) an order awarding you or the other parent custody of or parenting time with your
minor child or children; or
deleted text end
deleted text begin
(5) an order directing the abuser to pay support to you and the minor children if the
abuser has a legal obligation to do so."
deleted text end
new text begin
"IF YOU ARE A VICTIM OF DOMESTIC VIOLENCE, you can file a petition with
the court for an order for protection and ask that the person responsible for the domestic
violence:
new text end
new text begin
(1) Be restrained from further acts of abuse;
new text end
new text begin
(2) Leave your household;
new text end
new text begin
(3) Stay away from your residence, school, business, or place of employment; and
new text end
new text begin
(4) Pay temporary support to you and for the minor child if the person is legally obligated
to do so.
new text end
new text begin
In your petition, you can request a custody and parenting time order for a child in common
with the person."
new text end
The notice must include the deleted text begin resource listing, including telephone number, for the area
program that providesdeleted text end new text begin statewide domestic abuse help line and contact information for area
organizations providingnew text end services to victims of domestic abuse as deleted text begin shelter,deleted text end designated by the
Office of Justice Programs in the Department of Public Safety.
Sec. 4. new text begin USE OF EXISTING SUPPLY.
new text end
new text begin
A law enforcement agency, city attorney's office, or county attorney's office may exhaust
existing notices before producing materials with the modifications required under Minnesota
Statutes, sections 611A.02, subdivision 2, and 629.341, subdivision 3.
new text end