Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 638-H.F.No. 1754 
           An act relating to crime victims; providing that 
          revenue recapture provisions apply to restitution 
          ordered in a juvenile delinquency proceeding; 
          requiring prosecutors to attempt to notify domestic 
          assault victims of decisions not to prosecute; 
          authorizing the crime victims reparations board to pay 
          the costs of returning an abducted child home; 
          authorizing the board to determine and award 
          reparations and damage claims from proceeds of a 
          commercial exploitation of a crime; permitting an 
          offender's minor dependents to receive some proceeds 
          of a commercial exploitation of a crime; clarifying 
          certain duties of the crime victim ombudsman; 
          prescribing penalties; amending Minnesota Statutes 
          1986, sections 518B.01, by adding a subdivision; 
          611A.56; 611A.67;  611A.68, subdivisions 1, 4, 6, 8, 
          and by adding subdivisions; and 611A.74, subdivision 
          3; and Minnesota Statutes 1987 Supplement, sections 
          270A.03, subdivisions 2 and 8; and 611A.52, 
          subdivision 8; proposing coding for new law in 
          Minnesota Statutes, chapter 611A; repealing Minnesota 
          Statutes 1986, section 611A.68, subdivisions 2 and 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1987 Supplement, section 
270A.03, subdivision 2, is amended to read:  
    Subd. 2.  "Claimant agency" means any state agency, as 
defined by section 14.02, subdivision 2, the regents of the 
University of Minnesota, any district court of the state, any 
county, any public agency responsible for child support 
enforcement, and any public agency responsible for the 
collection of court-ordered criminal restitution. 
    Sec. 2.  Minnesota Statutes 1987 Supplement, section 
270A.03, subdivision 8, is amended to read:  
    Subd. 8.  "Restitution" means money due to a crime the 
victim of a crime or a juvenile offense under an order of 
restitution issued by a court under section 609.10, or 609.125 
as part of a sentence or as a condition of probation, or under 
an order entered by a court under section 260.185, subdivision 
1, paragraph (e), following a finding of delinquency. 
    Sec. 3.  Minnesota Statutes 1986, section 518B.01, is 
amended by adding a subdivision to read: 
    Subd. 19.  [RECORDING REQUIRED.] Proceedings under this 
section must be recorded. 
    Sec. 4.  [611A.0315] [VICTIM NOTIFICATION; DOMESTIC 
ASSAULT.] 
    Subdivision 1.  [NOTICE OF DECISION NOT TO PROSECUTE.] A 
prosecutor shall make every reasonable effort to notify a 
domestic assault victim 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 mail.  If a suspect is still in 
custody, the notification attempt shall be made before the 
suspect is released from custody. 
    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. 
    Sec. 5.  Minnesota Statutes 1987 Supplement, section 
611A.52, subdivision 8, is amended to read:  
    Subd. 8.  [ECONOMIC LOSS.] "Economic loss" means actual 
economic detriment incurred as a direct result of injury or 
death. 
    (a) In the case of injury the term is limited to: 
    (1) reasonable expenses incurred for necessary medical, 
chiropractic, hospital, rehabilitative, and dental products, 
services, or accommodations, including ambulance services, 
drugs, appliances and prosthetic devices; 
    (2) reasonable expenses incurred for psychological or 
psychiatric products, services or accommodations where the 
nature of the injury or the circumstances of the crime are such 
that the treatment is necessary to the rehabilitation of the 
victim, subject to the following limitations: 
    (i) if treatment is likely to continue longer than six 
months after the date the claim is filed and the cost of the 
additional treatment will exceed $1,500, or if the total cost of 
treatment in any case will exceed $4,000, the provider shall 
first submit to the board a plan which includes the measurable 
treatment goals, the estimated cost of the treatment, and the 
estimated date of completion of the treatment.  Claims submitted 
for treatment that was provided more than 30 days after the 
estimated date of completion may be paid only after advance 
approval by the board of an extension of treatment; and 
     (ii) the board may, in its discretion, elect to pay claims 
under this clause on a quarterly basis; 
    (3) loss of income greater than $50 that the victim would 
have earned had the victim not been injured; and 
    (4) reasonable expenses incurred for substitute child care 
or household services to replace those the victim would have 
performed had the victim not been injured.  As used in this 
clause, "child care services" means services provided by 
facilities licensed under and in compliance with either 
Minnesota Rules, parts 9502.0315 to 9502.0445, or 9545.0510 to 
9545.0670, or exempted from licensing requirements pursuant to 
section 245.791.  Licensed facilities must be paid at a rate not 
to exceed their standard rate of payment.  Facilities exempted 
from licensing requirements must be paid at a rate not to exceed 
$3 an hour per child for daytime child care or $4 an hour per 
child for evening child care; and 
    (5) reasonable expenses actually incurred to return a child 
who was a victim of a crime under section 609.25 or 609.26 to 
the child's parents or lawful custodian.  These expenses are 
limited to transportation costs, meals, and lodging from the 
time the child was located until the child was returned home. 
    (b) In the case of death the term is limited to: 
    (1) reasonable expenses actually incurred for funeral, 
burial, or cremation, not to exceed $2,250; 
    (2) reasonable expenses for medical, chiropractic, 
hospital, rehabilitative, psychological and psychiatric 
services, products or accommodations which were incurred prior 
to the victim's death and for which the victim's survivors or 
estate are liable; 
    (3) loss of support, including contributions of money, 
products or goods, but excluding services which the victim would 
have supplied to dependents if the victim had lived; and 
     (4) reasonable expenses incurred for substitute child care 
and household services to replace those which the victim would 
have performed for the benefit of dependents if the victim had 
lived. 
     Claims for loss of support for minor children made under 
clause (3) must be paid for three years or until the child 
reaches 18 years old, whichever is the shorter period.  After 
three years, if the child is less than 18 years old a claim for 
loss of support may be resubmitted to the board, and the board 
shall evaluate the claim giving consideration to the child's 
financial need and to the availability of funds to the board. 
    Claims for substitute child care services made under clause 
(4) must be limited to the actual care that the deceased victim 
would have provided to enable surviving family members to pursue 
economic, educational, and other activities other than 
recreational activities. 
    Sec. 6.  Minnesota Statutes 1986, section 611A.56, is 
amended to read:  
    611A.56 [POWERS AND DUTIES OF THE BOARD.] 
    Subdivision 1.  [DUTIES.] In addition to carrying out any 
duties specified elsewhere in sections 611A.51 to 611A.67 
611A.68 or in other law, the board shall: 
    (a) provide all claimants with an opportunity for hearing 
pursuant to chapter 14; 
    (b) adopt rules to implement and administer sections 
611A.51 to 611A.67 611A.68, including rules governing the method 
of practice and procedure before the board, prescribing the 
manner in which applications for reparations shall be made, and 
providing for discovery proceedings; 
    (c) publicize widely the availability of reparations and 
the method of making claims; and 
    (d) prepare and transmit annually to the governor, the 
commissioner of public safety, and the legislature a report of 
its activities including the number of claims awarded, a brief 
description of the facts in each case, the amount of reparation 
awarded, and a statistical summary of claims and awards made and 
denied.  
    Subd. 2.  [POWERS.] In addition to exercising any powers 
specified elsewhere in sections 611A.51 to 611A.67 611A.68 or 
other law, the board upon its own motion or the motion of a 
claimant or the attorney general may: 
    (a) issue subpoenas for the appearance of witnesses and the 
production of books, records, and other documents; 
    (b) administer oaths and affirmations and cause to be taken 
affidavits and depositions within and without this state; 
    (c) take notice of judicially cognizable facts and general, 
technical, and scientific facts within their specialized 
knowledge; 
    (d) order a mental or physical examination of a victim or 
an autopsy of a deceased victim provided that notice is given to 
the person to be examined and that the claimant and the attorney 
general receive copies of any resulting report; 
    (e) suspend or postpone the proceedings on a claim if a 
criminal prosecution arising out of the incident which is the 
basis of the claim has been commenced or is imminent; 
    (f) request from prosecuting attorneys and law enforcement 
officers investigations and data to enable the board to perform 
its duties under sections 611A.51 to 611A.67 611A.68; 
    (g) grant emergency reparations pending the final 
determination of a claim if it is one with respect to which an 
award will probably be made and undue hardship will result to 
the claimant if immediate payment is not made; and 
    (h) reconsider any decision granting or denying reparations 
or determining their amount.  
    Sec. 7.  Minnesota Statutes 1986, section 611A.67, is 
amended to read:  
    611A.67 [FRAUDULENT CLAIMS; PENALTY.] 
    Any person who knowingly makes a false claim under sections 
611A.51 to 611A.67 shall be 611A.68 is guilty of a gross 
misdemeanor.  
    Sec. 8.  Minnesota Statutes 1986, section 611A.68, 
subdivision 1, is amended to read:  
    Subdivision 1.  For purposes of this section, the following 
terms have the meanings given them in this subdivision.  
    (a) "Contract" means an agreement regarding, in whole or in 
part, (1) the reenactment of an offender's crime by way of a 
movie, book, newspaper or magazine article, radio or television 
presentation, or live or recorded entertainment of any kind, or 
(2) the expression of the offender's thoughts, feelings, 
opinions, or emotions about the crime.  
    (b) "Crime" means an offense which is a felony under the 
laws of Minnesota or that would have been a felony if committed 
in Minnesota, and includes an offense committed or attempted on 
an Indian reservation or other trust land. 
    (c) "Offender" means a person convicted of a crime or found 
not guilty of a crime by reason of insanity.  
    (d) "Person" includes persons, corporations, partnerships, 
and other legal entities.  
    Sec. 9.  Minnesota Statutes 1986, section 611A.68, is 
amended by adding a subdivision to read:  
    Subd. 2a.  [NOTICE AND PAYMENT OF PROCEEDS TO BOARD 
REQUIRED.] A person that enters into a contract with an offender 
convicted in this state, and a person that enters into a 
contract in this state with an offender convicted in this state 
or elsewhere within the United States, must comply with this 
section if the person enters into the contract during the ten 
years after the offender is convicted of a crime or found not 
guilty by reason of insanity.  If an offender is imprisoned or 
committed to an institution following the conviction or finding 
of not guilty by reason of insanity, the ten-year period begins 
on the date of the offender's release.  A person subject to this 
section must notify the crime victims reparations board of the 
existence of the contract immediately upon its formation, and 
pay over to the board money owed to the offender or the 
offender's representatives by virtue of the contract according 
to the following proportions: 
    (a) if the crime occurred in this state, the person shall 
pay to the board 100 percent of the money owed under the 
contract; 
    (b) if the crime occurred in another jurisdiction having a 
law applicable to the contract which is substantially similar to 
this section, this section does not apply, and the person must 
not pay to the board any of the money owed under the contract; 
and 
    (c) in all other cases, the person shall pay to the board 
that percentage of money owed under the contract which can 
fairly be attributed to commerce in this state with respect to 
the subject matter of the contract. 
    Sec. 10.  Minnesota Statutes 1986, section 611A.68, 
subdivision 4, is amended to read:  
    Subd. 4.  When the board has made reparations payments to 
or on behalf of a crime victim of the offender's crime pursuant 
to sections 611A.51 to 611A.67, to the extent of payment made, 
it is subrogated to any claim or judgment of the victim or a 
representative against the offender it shall deduct the amount 
of the reparations award from any payment received under this 
section by virtue of the offender's contract unless the board 
has already been reimbursed for the reparations award from 
another collateral source. 
    Sec. 11.  Minnesota Statutes 1986, section 611A.68, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [OFFENDER'S MINOR DEPENDENT CLAIMS.] Immediately 
after money is deposited with the board under this section, the 
board may allocate up to ten percent of any money remaining 
after a deduction is made under subdivision 4 for the benefit of 
the offender's dependent minor children.  The board shall then 
retain the funds allocated until a claim is made by the 
dependent minor children or their representative.  Upon 
receiving a claim, the board shall disburse the allocated funds 
to the dependent minor children if it is shown by clear and 
convincing evidence that the funds will not be used in a way 
that benefits the offender. 
    Sec. 12.  Minnesota Statutes 1986, section 611A.68, is 
amended by adding a subdivision to read: 
    Subd. 4b.  [CLAIMS BY VICTIMS OF OFFENDER'S CRIME.] A 
victim of a crime committed by the offender and the estate of a 
deceased victim of a crime committed by the offender may submit 
the following claims for reparations and damages to the board to 
be paid from money received by virtue of the offender's contract:
    (1) claims for reparations to which the victim is entitled 
under sections 611A.51 to 611A.67 and for which the victim has 
not yet received an award from the board; 
    (2) claims for reparations to which the victim would have 
been entitled under sections 611A.51 to 611A.67, but for the 
$50,000 maximum limit contained in section 611A.54, clause (3); 
and 
    (3) claims for other uncompensated damages suffered by the 
victim as a result of the offender's crime including, but not 
limited to, damages for pain and suffering. 
    The victim must file the claim within five years of the 
date on which the board received payment under this section.  
The board shall determine the victim's claim in accordance with 
the procedures contained in sections 611A.57 to 611A.63.  An 
award made by the board under this subdivision must be paid from 
the money received by virtue of the offender's contract that 
remains after a deduction or allocation, if any, has been made 
under subdivision 4 or 4a. 
    Sec. 13.  Minnesota Statutes 1986, section 611A.68, is 
amended by adding a subdivision to read: 
    Subd. 4c.  [CLAIMS BY OTHER CRIME VICTIMS.] The board may 
use moneys received by virtue of an offender's contract for the 
purpose of paying reparations awarded to victims of other crimes 
pursuant to sections 611A.51 to 611A.67 under the following 
circumstances: 
    (1) moneys remain after deductions and allocations have 
been made under subdivisions 4 and 4a, and claims have been paid 
under subdivision 4b; or 
    (2) no claim is filed under subdivision 4b within five 
years of the date on which the board received payment under this 
section. 
None of these moneys may be used for purposes other than the 
payment of reparations. 
    Sec. 14.  Minnesota Statutes 1986, section 611A.68, 
subdivision 6, is amended to read:  
    Subd. 6.  Notwithstanding any other provision of this 
section, the board shall make payments to a person convicted of 
crime or found not guilty by reason of insanity an offender from 
the account of amounts received with reference to that person 
offender upon the order of a court of competent jurisdiction 
after a showing by that person offender that the moneys shall be 
used for the reasonable costs of defense in the appeal of a 
criminal conviction or in civil proceedings pursuant to this 
section.  
    Sec. 15.  Minnesota Statutes 1986, section 611A.68, 
subdivision 8, is amended to read:  
    Subd. 8.  (a) A person who willfully fails to notify the 
board of the existence of a contract as required by this section 
is guilty of a gross misdemeanor.  
    (b) Except as otherwise provided in paragraph (a), any 
person or offender who takes any action taken, whether by way of 
execution of a power of attorney, creation of corporate or trust 
entities or otherwise, to defeat the purpose of this 
section shall be null and void as against the public policy of 
this state is guilty of a misdemeanor.  
    Sec. 16.  Minnesota Statutes 1986, section 611A.74, 
subdivision 3, is amended to read:  
    Subd. 3.  [POWERS.] The crime victim ombudsman has those 
powers necessary to carry out the duties set out in subdivision 
1, including:  
    (a) The ombudsman may investigate, with or without a 
complaint, any action of an element of the criminal justice 
system or a victim assistance program included in subdivision 2. 
    (b) The ombudsman may request and shall be given access to 
information pertaining to a complaint, unless the information is 
otherwise restricted.  Any information received by the ombudsman 
retains its data classification under chapter 13 while in the 
ombudsman's possession.  
    (c) After completing investigation of a complaint, the 
ombudsman shall inform in writing the complainant, the 
investigated person or entity, and other appropriate 
authorities, including the attorney general, of the action taken.
If the complaint involved the conduct of an element of the 
criminal justice system in relation to a criminal or civil 
proceeding, the ombudsman's findings shall be forwarded to the 
court in which the proceeding occurred.  
    Sec. 17.  [REPEALER.] 
    Minnesota Statutes 1986, section 611A.68, subdivisions 2 
and 5, are repealed. 
    Approved April 26, 1988