Minnesota Session Laws - 2003, Regular Session

                            CHAPTER 116-S.F.No. 964 
                  An act relating to crime prevention; defining terms in 
                  the predatory offender registration law; allowing 
                  crime victims to have input earlier in the plea 
                  process; imposing conditions on the disclosure of 
                  videotaped interviews of child abuse victims; 
                  clarifying the rape examination law; amending 
                  Minnesota Statutes 2002, sections 13.821; 243.166, 
                  subdivision 4a; 609.35; 611A.03, subdivision 1; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapters 611A; 634.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 13.821, is 
        amended to read: 
           13.821 [VIDEOTAPES OF CHILD ABUSE VICTIMS.] 
           (a) Notwithstanding section 13.04, subdivision 3, an 
        individual subject of data may not obtain a copy of a videotape 
        in which a child victim or alleged victim is alleging, 
        explaining, denying, or describing an act of physical or sexual 
        abuse without a court order under section 13.03, subdivision 6, 
        or 611A.90.  The definitions of physical abuse and sexual abuse 
        in section 626.556, subdivision 2, apply to this section, except 
        that abuse is not limited to acts by a person responsible for 
        the child's care or in a significant relationship with the child 
        or position of authority. 
           (b) This section does not limit other rights of access to 
        data by an individual under section 13.04, subdivision 3, other 
        than the right to obtain a copy of the videotape, nor limit 
        prohibit rights of access pursuant to discovery in a court 
        proceeding. 
           Sec. 2.  Minnesota Statutes 2002, section 243.166, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) As 
        used in this section: 
           (1) "motor vehicle" has the meaning given "vehicle" in 
        section 169.01, subdivision 2; 
           (2) "primary residence" means any place where the person 
        resides longer than 14 days or that is deemed a primary 
        residence by a person's corrections agent, if one is assigned to 
        the person; and 
           (3) "secondary residence" means any place where the person 
        regularly stays overnight when not staying at the person's 
        primary residence, and includes, but is not limited to: 
           (i) the person's parent's home if the person is a student 
        and stays at the home at times when the person is not staying at 
        school, including during the summer; and 
           (ii) the home of someone with whom the person has a minor 
        child in common where the child's custody is shared.  
           (b) A person required to register under this section shall 
        provide to the corrections agent or law enforcement authority 
        the following information: 
           (1) the address of the person's primary residence; 
           (2) the addresses of all the person's secondary residences 
        in Minnesota, including all addresses used for residential or 
        recreational purposes; 
           (3) the addresses of all Minnesota property owned, leased, 
        or rented by the person; 
           (4) the addresses of all locations where the person is 
        employed; 
           (5) the addresses of all residences where the person 
        resides while attending school; and 
           (6) the year, model, make, license plate number, and color 
        of all motor vehicles owned or regularly driven by the person.  
        "Motor vehicle" has the meaning given "vehicle" in section 
        169.01, subdivision 2. 
           (b) (c) The person shall report to the agent or authority 
        the information required to be provided under paragraph (a) (b), 
        clauses (2) to (6), within five days of the date the clause 
        becomes applicable.  If because of a change in circumstances a 
        clause no longer applies to previously reported information, the 
        person shall immediately inform the agent or authority that the 
        information is no longer valid. 
           Sec. 3.  Minnesota Statutes 2002, section 609.35, is 
        amended to read: 
           609.35 [COSTS OF MEDICAL EXAMINATION.] 
           (a) Costs incurred by a county, city, or private hospital 
        or other emergency medical facility or by a private physician 
        for the examination of a complainant victim of criminal sexual 
        conduct when the examination is performed for the purpose of 
        gathering evidence shall be paid by the county in which 
        the alleged offense was committed criminal sexual conduct 
        occurred.  Reasonable These costs of the examination include, 
        but are not limited to, full cost of the rape kit examination, 
        associated tests relating to the complainant's sexually 
        transmitted disease status, and pregnancy status.  
           (b) Nothing in this section shall be construed to limit the 
        duties, responsibilities, or liabilities of any insurer, whether 
        public or private.  However, a county may seek insurance 
        reimbursement from the victim's insurer only if authorized by 
        the victim.  This authorization may only be sought after the 
        examination is performed.  When seeking this authorization, the 
        county shall inform the victim that if the victim does not 
        authorize this, the county is required by law to pay for the 
        examination and that the victim is in no way liable for these 
        costs or obligated to authorize the reimbursement. 
           (c) The applicability of this section does not depend upon 
        whether the victim reports the offense to law enforcement or the 
        existence or status of any investigation or prosecution. 
           Sec. 4.  Minnesota Statutes 2002, 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 
        at the hearing during which the plea is presented to the court 
        and to express orally or in writing, at the victim's option, 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. 5.  [611A.0301] [RIGHT TO SUBMIT STATEMENT AT PLEA 
        PRESENTATION HEARING.] 
           A victim has the rights described in section 611A.03, 
        subdivision 1, paragraph (b), at a plea presentation hearing.  
           Sec. 6.  [634.35] [VIDEOTAPES OF CHILD VICTIMS; CONDITIONS 
        OF DISCLOSURE.] 
           (a) If a videotaped interview of a child victim of physical 
        or sexual abuse is disclosed by a prosecuting attorney to a 
        defendant or the defendant's attorney, the following applies:  
           (1) no more than two copies of the tape or any portion of 
        the tape may be made by the defendant or the defendant's 
        attorney, investigator, expert, or any other representative or 
        agent of the defendant; 
           (2) the tapes may not be used for any purpose other than to 
        prepare for the defense in the criminal action against the 
        defendant; 
           (3) the tapes may not be publicly exhibited, shown, 
        displayed, used for educational, research, or demonstrative 
        purposes, or used in any other fashion, except in judicial 
        proceedings in the criminal action against the defendant; 
           (4) the tapes may be viewed only by the defendant, the 
        defendant's attorney, and the attorney's employees, 
        investigators, and experts; 
           (5) no transcript of the tapes, nor the substance of any 
        portion of the tapes, may be divulged to any person not 
        authorized to view the tapes; 
           (6) no person may be granted access to the tapes, any 
        transcription of the tapes, or the substance of any portion of 
        the tapes unless the person has first signed a written agreement 
        that the person is aware of this statute and acknowledges that 
        the person is subject to the court's contempt powers for any 
        violation of it; and 
           (7) upon final disposition of the criminal case against the 
        defendant, the tapes and any transcripts of the tapes must be 
        returned to the prosecuting attorney.  
           (b) The court may hold a person who violates this section 
        in contempt. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Sections 1 to 6 are effective August 1, 2003, and apply to 
        crimes committed and persons subject to registration on or after 
        that date. 
           Presented to the governor May 23, 2003 
           Signed by the governor May 27, 2003, 3:50 p.m.