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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 38-S.F.No. 117 
                  An act relating to crime; limiting the time period 
                  during which a defendant may challenge a restitution 
                  request; amending Minnesota Statutes 1998, section 
                  611A.045, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 611A.045, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DISPUTE; EVIDENTIARY BURDEN; PROCEDURES.] (a) At 
        the sentencing, dispositional hearing, or hearing on the 
        restitution request, the offender shall have the burden to 
        produce evidence if the offender intends to challenge the amount 
        of restitution or specific items of restitution or their dollar 
        amounts.  This burden of production must include a detailed 
        sworn affidavit of the offender setting forth all challenges to 
        the restitution or items of restitution, and specifying all 
        reasons justifying dollar amounts of restitution which differ 
        from the amounts requested by the victim or victims.  The 
        affidavit must be served on the prosecuting attorney and the 
        court at least five business days before the hearing.  A dispute 
        as to the proper amount or type of restitution must be resolved 
        by the court by the preponderance of the evidence.  The burden 
        of demonstrating the amount of loss sustained by a victim as a 
        result of the offense and the appropriateness of a particular 
        type of restitution is on the prosecution.  
           (b) An offender may challenge restitution, but must do so 
        by requesting a hearing within 30 days of receiving written 
        notification of the amount of restitution requested, or within 
        30 days of sentencing, whichever is later.  Notice to the 
        offender's attorney is deemed notice to the offender.  The 
        hearing request must be made in writing and filed with the court 
        administrator.  A defendant may not challenge restitution after 
        the 30-day time period has passed. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective August 1, 1999, and applies to 
        crimes committed on or after that date. 
           Presented to the governor April 8, 1999 
           Signed by the governor April 12, 1999, 2:13 p.m.