Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987 CHAPTER 395-H.F.No. 137 An act relating to criminal procedure; providing a procedure for ordering joint or separate trials for jointly charged defendants; permitting the prosecution to offer a rebuttal closing argument; amending Minnesota Statutes 1986, section 631.07; proposing coding for new law in Minnesota Statutes, chapter 631. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [631.035] [JOINTLY CHARGED DEFENDANTS; SEPARATE OR JOINT TRIALS.] When two or more defendants are jointly charged with a felony, they may be tried separately or jointly in the discretion of the court. In making its determination on whether to order joinder or separate trials, the court shall consider the nature of the offense charged, the impact on the victim, the potential prejudice to the defendant, and the interests of justice. Sec. 2. Minnesota Statutes 1986, section 631.07, is amended to read: 631.07 [ORDER OF FINAL ARGUMENT.] When the giving of evidence is concluded in a criminal trial, unless the case is submitted oneither orboth sides without argument, theplaintiff shall begin and the defendantconclude the argument to the juryprosecution may make a closing argument to the jury. The defense may then make its closing argument to the jury. On the motion of the prosecution, the court may permit the prosecution to reply in rebuttal if the court determines that the defense has made in its closing argument a misstatement of law or fact or a statement that is inflammatory or prejudicial. The rebuttal must be limited to a direct response to the misstatement of law or fact or the inflammatory or prejudicial statement. Sec. 3. [EFFECTIVE DATE.] Sections 1 and 2 are effective August 1, 1987, and apply to prosecutions commenced on or after that date. Approved June 3, 1987
Official Publication of the State of Minnesota
Revisor of Statutes