Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 649-S.F.No. 232 
           An act relating to crimes; expanding the definition of 
          crime for victims' rights provisions to include 
          ordinance violations resulting in bodily harm; 
          expanding crimes that entitle victim to notice of plea 
          agreement; granting right to victim to submit an 
          impact statement to the court; requiring officers to 
          give victims a notice of their rights; requiring 
          prosecutors to present to the court a written victim 
          impact summary prepared by the victim; ensuring 
          privacy of victim's request for notice of prisoner 
          release; amending Minnesota Statutes 1986, sections 
          611A.01; 611A.02; and 611A.06; proposing coding for 
          new law in Minnesota Statutes, chapter 611A; repealing 
          Minnesota Statutes 1986, section 611A.03, subdivision 
          3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 611A.01, is 
amended to read: 
    611A.01 [DEFINITIONS.] 
    For the purposes of sections 611A.01 to 611A.04 and 611A.06:
    (a) "Crime" means conduct that is prohibited by local 
ordinance and results in bodily harm to an individual; or 
conduct that is included within the definition of "crime" in 
section 609.02, subdivision 1, or would be included within that 
definition but for the fact that (i) the person engaging in the 
conduct lacked capacity to commit the crime under the laws of 
this state, or (ii) the act was alleged or found to have been 
committed by a juvenile;  
    (b) "Victim" means a natural person who incurs loss or harm 
as a result of a crime.  If the victim is deceased, "victim" 
means the deceased's surviving spouse or next of kin; and 
    (c) "Juvenile" has the same meaning as given to the term 
"child" in section 260.015, subdivision 2.  
     Sec. 2.  Minnesota Statutes 1986, section 611A.02, is 
amended to read:  
    611A.02 [VICTIM SERVICE NOTIFICATION OF VICTIM SERVICES AND 
VICTIMS' RIGHTS.] 
    Subdivision 1.  [VICTIM SERVICES.] The commissioner of 
corrections, in cooperation with the executive director of the 
crime victims reparations board, shall develop a plan to provide 
victims with information concerning victim services in the 
geographic area where the crime occurred.  This information 
shall include, but need not be limited to, information about 
available victim crisis centers, programs for victims of sexual 
assault, victim witness programs, elderly victims projects, 
victim assistance hotlines, incest abuse programs, and domestic 
violence shelters and programs.  
    The plan shall take into account the fact that some 
counties currently have informational service systems and victim 
or witness services or programs.  
    This plan shall be presented to the appropriate standing 
committees of the legislature no later than February 1, 1984.  
    Subd. 2.  [VICTIMS' RIGHTS.] (a) The commissioner of public 
safety, in consultation with the crime victim and witness 
advisory council, must develop a notice of the rights of crime 
victims.  The notice must include a form for the preparation of 
a preliminary written victim impact summary.  A preliminary 
victim impact summary is a concise statement of the immediate 
and expected damage to the victim as a result of the crime.  A 
victim desiring to file a preliminary victim impact summary must 
file the summary with the investigating officer no more than 
five days after the victim receives the notice from a peace 
officer.  If a preliminary victim impact statement is filed with 
the investigating officer, it must be sent to the prosecutor 
with other investigative materials.  If a prosecutor has 
received a preliminary victim impact summary, the prosecutor 
must present the summary to the court.  This subdivision does 
not relieve a probation officer of the notice requirements 
imposed by section 609.115, subdivision 1c. 
    (b) The notice of the rights of crime victims must be 
distributed by a peace officer to each victim, as defined in 
section 611A.01, when the peace officer takes a formal statement 
from the victim.  A peace officer is not obligated to distribute 
the notice if a victim does not make a formal statement.  The 
notice must inform a victim of: 
    (1) the victim's right to request restitution under section 
611A.04; 
    (2) the victim's right to be notified of any plea 
negotiations under section 611A.03; and 
    (3) the victim's right to be present at sentencing, and to 
object orally or in writing to a proposed agreement or 
disposition. 
    Sec. 3.  [611A.038] [RIGHT TO SUBMIT STATEMENT AT 
SENTENCING.] 
    Subdivision 1.  [IMPACT STATEMENT.] A victim has the right 
to submit an impact statement, either orally or in writing, to 
the court at the time of sentencing or disposition hearing.  If 
the victim requests, the prosecutor must orally present the 
statement to the court. 
    Statements may include the following, subject to reasonable 
limitations as to time and length: 
    (1) a summary of the harm or trauma suffered by the victim 
as a result of the crime; 
    (2) a summary of the economic loss or damage suffered by 
the victim as a result of the crime; and 
    (3) a victim's reaction to the proposed sentence or 
disposition. 
    Sec. 4.  Minnesota Statutes 1986, section 611A.06, is 
amended to read: 
    611A.06 [RIGHT TO NOTICE OF RELEASE.] 
    The commissioner of corrections or other custodial 
authority shall make a good faith effort to notify the victim 
that the offender is to be released from imprisonment or 
incarceration, including release on extended furlough and for 
work release, or released from a facility in which the offender 
was confined due to incompetency, mental illness, or mental 
deficiency, or commitment under section 253B.18, prior to the 
release if the victim has mailed to the commissioner of 
corrections or to the head of the facility in which the offender 
is confined a written request for this notice.  A written 
request for notice submitted under this section is private data 
on individuals as defined in section 13.02, subdivision 12.  The 
commissioner or other custodial authority complies with this 
section upon mailing the notice of impending release to the 
victim at the address which the victim has most recently 
provided to the commissioner or authority in writing. 
     Sec. 5.  [REPEALER.] 
    Minnesota Statutes 1986, section 611A.03, subdivision 3, is 
repealed. 
    Approved April 26, 1988