Minnesota Session Laws - 1999, Regular Session

                             CHAPTER 79-S.F.No. 98 
                  An act relating to crime victims; granting prosecutors 
                  discretion not to disclose a victim's or witness's 
                  date of birth; amending Minnesota Statutes 1998, 
                  section 611A.035. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 611A.035, is 
        amended to read: 
           611A.035 [CONFIDENTIALITY OF VICTIM'S ADDRESS.] 
           Subdivision 1.  [DISCRETION OF PROSECUTOR NOT TO DISCLOSE.] 
        A prosecutor may elect not to disclose a victim's or witness's 
        home or employment address or, telephone number, or date of 
        birth if the prosecutor certifies to the trial court that: 
           (1) the defendant or respondent has been charged with or 
        alleged to have committed a crime; 
           (2) the nondisclosure is needed to address the victim's or 
        witness's concerns about safety or security; and 
           (3) the victim's or witness's home or employment 
        address or, telephone number, or date of birth is not relevant 
        to the prosecution's case. 
           If such a certification is made, the prosecutor must move 
        at a contested hearing make a motion with proper notice for the 
        court's permission to continue to withhold this information. 
           The court shall either: 
           (1) order the information disclosed to defense counsel, but 
        order it not disclosed to the defendant; or 
           (2) order the prosecutor to contact the victim or witness 
        to arrange a confidential meeting between defense counsel, or 
        defense council's counsel's agent, and the victim or witness, at 
        a neutral location, if the victim or witness consents to a 
        meeting. 
           This subdivision shall not be construed to compel a victim 
        or witness to give any statement to or attend any meeting with 
        defense counsel or defense counsel's agent. 
           Subd. 2.  [WITNESS TESTIMONY IN COURT.] No victim or 
        witness providing testimony in court proceedings may be 
        compelled to state a home or employment address, telephone 
        number, or the date of birth of the victim or witness on the 
        record in open court unless the court finds that the testimony 
        would be relevant evidence. 
           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 16, 1999 
           Signed by the governor April 20, 1999, 9:21 a.m.