Minnesota Session Laws - 2025, Regular Session

CHAPTER 24--S.F.No. 2200

An act

relating to evidence; making restorative practices statements and documents inadmissible in civil and criminal proceedings; modifying status report for restorative practices; classifying data;

amending Minnesota Statutes 2024, sections 142A.76, subdivision 8; 595.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 13.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [13.891] RESTORATIVE PRACTICE PARTICIPANT DATA. new text end

new text begin (a) For purposes of this section, "restorative practice participant" has the meaning given in section 595.02, subdivision 1b, paragraph (a), clause (2). new text end

new text begin (b) Data collected, created, or maintained by a government entity that identifies an individual as a restorative practice participant is private data on individuals but may be disclosed for the purposes described in section 595.02, subdivision 1b, paragraph (b), clauses (1) to (3), or paragraph (c). This section does not apply to personnel data, as defined in section 13.43, subdivision 1, or to an individual who receives payment to facilitate a restorative practice, as defined in section 142A.76, subdivision 1. new text end

Sec. 2.

Minnesota Statutes 2024, section 142A.76, subdivision 8, is amended to read:

Subd. 8.

Report.

new text begin (a) By November 15 of each year, grantees must provide the following information to the director: (1) information on their program's impact on recidivism, public safety, and local financial investments in restorative practices; and (2) summary data on the amount of grant funds paid to restorative practice participants, as defined in section 595.02, subdivision 1b, paragraph (a), clause (2), and the purpose of the payment to the participants. new text end

new text begin (b) new text end By February 15 of each year, the director shall report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over public safety, human services, and education, on the work of the Office of Restorative Practices, any grants issued pursuant to this section, and the status of local restorative practices initiatives in the state that were reviewed in the previous year new text begin , and the information submitted under paragraph (a) for the previous year new text end .

Sec. 3.

Minnesota Statutes 2024, section 595.02, is amended by adding a subdivision to read:

new text begin Subd. 1b. new text end

new text begin Inadmissibility; exceptions. new text end

new text begin (a) For purposes of this subdivision: new text end

new text begin (1) "restorative practice" has the meaning given in section 142A.76, subdivision 1; and new text end

new text begin (2) "restorative practice participant" means a facilitator, a person who has caused harm, a person who has been harmed, a community member, and any other person attending a restorative practice. new text end

new text begin (b) Statements made or documents offered in the course of a restorative practice are not subject to discovery or admissible as evidence in a civil or criminal proceeding. This paragraph does not apply: new text end

new text begin (1) to statements or documents that are the subject of a report made pursuant to section 626.557 or chapter 260E; new text end

new text begin (2) if a restorative practice participant reasonably believed that disclosure of a statement or document was necessary to prevent reasonably certain death, great bodily harm, or commission of a crime; or new text end

new text begin (3) if the statement or document constitutes evidence of professional misconduct by a restorative practice participant acting in the capacity of their professional or occupational license. new text end

new text begin (c) Notwithstanding paragraph (b), if a court orders a person who caused harm to participate in a restorative practice, a person overseeing the restorative practice may disclose information necessary to demonstrate whether the person who caused harm participated as ordered. new text end

new text begin (d) Evidence that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because it was discussed or used in a restorative practice. new text end

Presented to the governor May 16, 2025

Signed by the governor May 19, 2025, 11:12 a.m.