Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 520-H.F.No. 1836 
           An act relating to crimes; providing for proof of 
          prior convictions at sentencing hearings and in 
          certain criminal prosecutions; amending Minnesota 
          Statutes 1986, section 244.10, by adding a subdivision;
          proposing coding for new law in Minnesota Statutes, 
          chapter 609. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 244.10, is 
amended by adding a subdivision to read: 
    Subd. 3.  [COMPUTATION OF CRIMINAL HISTORY SCORE.] If the 
defendant contests the existence of or factual basis for a prior 
conviction in the calculation of the defendant's criminal 
history score, proof of it is established by competent and 
reliable evidence, including a certified court record of the 
conviction. 
    Sec. 2.  [609.041] [PROOF OF PRIOR CONVICTIONS.] 
    In a criminal prosecution in which the degree of the crime 
or the penalty for the crime depends, in whole or in part, on 
proof of the existence of a prior conviction, if the defendant 
contests the existence of or factual basis for a prior 
conviction, proof of it is established by competent and reliable 
evidence, including a certified court record of the conviction. 
    Approved April 14, 1988