SF 3619

as introduced - 89th Legislature (2015 - 2016) Posted on 05/17/2016 08:44am

A bill for an act
relating to criminal justice; providing for speedy trials for child victims of crime;
amending Minnesota Statutes 2014, section 611A.033.

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

Section 1.

Minnesota Statutes 2014, section 611A.033, is amended to read:

611A.033 SPEEDY TRIAL; NOTICE OF SCHEDULE CHANGE.

new text begin Subdivision 1. new text end

new text begin In general. new text end

(a) A victim has the right to request that the prosecutor
make a demand under rule 11.09 of the Rules of Criminal Procedure that the trial be
commenced within 60 days of the demand. The prosecutor shall make reasonable efforts
to comply with the victim's request.

(b) A prosecutor shall make reasonable efforts to provide advance notice of any
change in the schedule of the court proceedings to a victim who has been subpoenaed or
requested to testify.

(c) In a criminal proceeding in which a vulnerable adult, as defined in section 609.232,
subdivision 11, is a victim, the state may move the court for a speedy trial. The court, after
consideration of the age and health of the victim, may grant a speedy trial. The motion may
be filed and served with the complaint or any time after the complaint is filed and served.

new text begin Subd. 2. new text end

new text begin Child victims; right to speedy trial. new text end

new text begin Notwithstanding any contrary
provision in subdivision 1, in all criminal cases that involve a child victim, the court
and prosecuting attorney shall take all appropriate actions to ensure a speedy trial in
order to minimize the length of time the child victim must endure the stress of the child's
involvement in the proceeding. In ruling on any motion or other request for a delay or
continuance of any proceeding, the court shall consider and give weight to any adverse
impact that the requested delay or continuance may have on the well-being of a child
victim, and findings of fact shall be made on this issue.
new text end