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Minnesota Legislature

Office of the Revisor of Statutes

631.046 AUTHORIZING PRESENCE OF SUPPORT PERSON FOR MINOR
PROSECUTING WITNESS.
    Subdivision 1. Child abuse and violent crime cases. Notwithstanding any other law, a
prosecuting witness under 18 years of age in a case involving child abuse as defined in section
630.36, subdivision 2, a crime of violence, as defined in section 624.712, subdivision 5, or an
assault under section 609.224 or 609.2242, may choose to have in attendance or be accompanied
by a parent, guardian, or other supportive person, whether or not a witness, at the omnibus
hearing or at the trial, during testimony of the prosecuting witness. If the person so chosen is
also a prosecuting witness, the prosecution shall present on noticed motion, evidence that the
person's attendance is both desired by the prosecuting witness for support and will be helpful to
the prosecuting witness. Upon that showing the court shall grant the request unless information
presented by the defendant or noticed by the court establishes that the support person's attendance
during the testimony of the prosecuting witness would pose a substantial risk of influencing or
affecting the content of that testimony.
    Subd. 2. Other cases. Notwithstanding any other law, a prosecuting witness in any case
involving criminal sexual conduct as defined in sections 609.342, 609.343, 609.344, and 609.345
may choose to be accompanied by a supportive person, whether or not a witness, at the omnibus
or other pretrial hearing. If the supportive person is also a witness, the prosecution and the court
shall follow the motion procedure outlined in subdivision 1 to determine whether or not the
supportive person's presence will be permitted.
History: 1985 c 286 s 23; 1986 c 463 s 21; 1993 c 326 art 6 s 24; 1995 c 259 art 3 s 26