Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 190-H.F.No. 461 
           An act relating to crime victims; modifying the 
          limitations provision governing damage actions brought 
          by sexual assault victims; requiring that victims of 
          crimes against the person be informed of the 
          conditions governing the convicted offender's release 
          from confinement and the identity of the corrections 
          agent supervising the offender; requiring that sexual 
          assault victims be notified when the alleged sex 
          offender is released from pretrial detention; amending 
          Minnesota Statutes 1988, sections 541.07; 611A.03, 
          subdivision 1; and 611A.06; proposing coding for new 
          law in Minnesota Statutes, chapters 541 and 629. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 541.07, is 
amended to read: 
    541.07 [TWO OR THREE YEAR LIMITATIONS.] 
    Except where the uniform commercial code or, this section, 
section 148A.06, or section 2 otherwise prescribes, the 
following actions shall be commenced within two years: 
    (1) For libel, slander, assault, battery, false 
imprisonment, or other tort, resulting in personal injury, and 
all actions against physicians, surgeons, dentists, other health 
care professionals as defined in section 145.61, and 
veterinarians as defined in chapter 156, hospitals, sanitariums, 
for malpractice, error, mistake or failure to cure, whether 
based on contract or tort; provided a counterclaim may be 
pleaded as a defense to any action for services brought by a 
physician, surgeon, dentist or other health care professional or 
veterinarian, hospital or sanitarium, after the limitations 
herein described notwithstanding it is barred by the provisions 
of this chapter, if it was the property of the party pleading it 
at the time it became barred and was not barred at the time the 
claim sued on originated, but no judgment thereof except for 
costs can be rendered in favor of the party so pleading it; 
     (2) Upon a statute for a penalty or forfeiture; 
     (3) For damages caused by a dam, other than a dam used for 
commercial purposes; but as against one holding under the 
preemption or homestead laws, the limitations shall not begin to 
run until a patent has been issued for the land so damaged; 
     (4) Against a master for breach of an indenture of 
apprenticeship; the limitation runs from the expiration of the 
term of service; 
     (5) For the recovery of wages or overtime or damages, fees 
or penalties accruing under any federal or state law respecting 
the payment of wages or overtime or damages, fees or penalties 
except, that if the employer fails to submit payroll records by 
a specified date upon request of the department of labor and 
industry or if the nonpayment is willful and not the result of 
mistake or inadvertence, the limitation is three years.  (The 
term "wages" means all remuneration for services or employment, 
including commissions and bonuses and the cash value of all 
remuneration in any medium other than cash, where the 
relationship of master and servant exists and the term 
"damages," means single, double, or treble damages, accorded by 
any statutory cause of action whatsoever and whether or not the 
relationship of master and servant exists); 
    (6) For damages caused by the establishment of a street or 
highway grade or a change in the originally established grade; 
    (7) For sales or use taxes imposed by the laws of any other 
state; 
    (8) Against the person who applies the pesticide for injury 
or damage to property resulting from the application, but not 
the manufacture or sale, of a pesticide. 
    Sec. 2.  [541.073] [ACTIONS FOR DAMAGES DUE TO SEXUAL 
ABUSE; SPECIAL PROVISIONS.] 
    An action for damages based on personal injury caused by 
sexual abuse must be commenced, in the case of an intentional 
tort, within two years, or, in the case of an action for 
negligence, within six years of the time the plaintiff knew or 
had reason to know that the injury was caused by the sexual 
abuse.  The plaintiff need not establish which act in a 
continuous series of sexual abuse acts by the defendant caused 
the injury.  The knowledge of a parent or guardian may not be 
imputed to a minor.  This section does not affect the suspension 
of the statute of limitations during a period of disability 
under section 541.15. 
    As used in this section, "sexual abuse" means conduct 
described in sections 609.342 to 609.345. 
    This section applies to an action for damages commenced 
against a person who caused the plaintiff's personal injury 
either by (1) committing sexual abuse against the plaintiff, or 
(2) negligently permitting sexual abuse against the plaintiff to 
occur. 
    Sec. 3.  Minnesota Statutes 1988, section 611A.03, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PLEA AGREEMENTS; NOTIFICATION OF VICTIM.] 
Prior to the entry of the factual basis for a plea pursuant to a 
plea agreement recommendation, a prosecuting attorney shall make 
a reasonable and good faith effort to inform the victim of: 
    (a) The contents of the plea agreement recommendation, 
including the amount of time recommended for the defendant to 
serve in jail or prison if the court accepts the agreement; and 
    (b)  The right to be present at the sentencing hearing and 
to express in writing any objection to the agreement or to the 
proposed disposition.  If the victim is not present when the 
court considers the recommendation, but has communicated 
objections to the prosecuting attorney, the prosecuting attorney 
shall make these objections known to the court.  
    Sec. 4.  Minnesota Statutes 1988, 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 
notice given to a victim of a crime against a person must 
include the conditions governing the offender's release, and 
either the identity of the corrections agent who will be 
supervising the offender's release or a means to identify the 
court services agency that will be supervising the offender's 
release.  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.  All 
identifying information regarding the victim, including the 
victim's request and the notice provided by the commissioner or 
custodial authority, is classified as private data on 
individuals as defined in section 13.02, subdivision 12, and is 
accessible only to the victim. 
     As used in this section, "crime against the person" means a 
crime listed in section 611A.031. 
    Sec. 5.  [629.73] [NOTICE TO SEXUAL ASSAULT VICTIM 
REGARDING RELEASE OF ARRESTED PERSON.] 
    Subdivision 1.  [ORAL NOTICE.] When a person arrested for 
criminal sexual conduct or attempted criminal sexual conduct is 
about to be released from pretrial detention, the agency having 
custody of the arrested person or its designee shall make a 
reasonable and good faith effort before release to inform orally 
the victim or, if the victim is incapacitated, the same or next 
of kin, or if the victim is a minor, the victim's parent or 
guardian of the following matters: 
    (1) the conditions of release, if any; 
    (2) the time of release; 
    (3) the time, date, and place of the next scheduled court 
appearance of the arrested person and the victim's right to be 
present at the court appearance; and 
    (4) the location and telephone number of the area sexual 
assault program as designated by the commissioner of corrections.
    Subd. 2.  [WRITTEN NOTICE.] As soon as practicable after 
the arrested person is released, the agency having custody of 
the arrested person or its designee must personally deliver or 
mail to the alleged victim written notice of the information 
contained in subdivision 1, clauses (2) and (3). 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective the day following final 
enactment and apply to actions pending on or commenced on or 
after that date. 
    Sec. 7.  [APPLICATION.] 
    Notwithstanding any other provision of law, a plaintiff 
whose claim is otherwise time-barred has until August 1, 1990, 
to commence a cause of action for damages based on personal 
injury caused by sexual abuse if the plaintiff proves by a 
preponderance of the evidence that the plaintiff consulted an 
attorney to investigate a cause of action for damages based on 
personal injury caused by sexual abuse within two years of the 
time the plaintiff knew or had reason to know that the injury 
was caused by the sexual abuse. 
    Presented to the governor May 18, 1989 
    Signed by the governor May 19, 1989, 8:20 p.m.