1.1 A bill for an act
1.2 relating to public safety; authorizing presentence investigation reports to include
1.3 information related to brain injury; amending Minnesota Statutes 2024, section
1.4 609.115, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 609.115, is amended by adding a subdivision
1.7to read:
1.8 Subd. 11.Traumatic brain injury.(a) When a defendant appears in court and is
1.9convicted of a felony, the court shall inquire whether the defendant has a history of stroke
1.10or traumatic brain injury.
1.11 (b) If the defendant has a history of stroke or traumatic brain injury and the court believes
1.12that the offender may have a mental impairment that caused the offender to lack substantial
1.13capacity for judgment when the offense was committed, the court shall order that the offender
1.14undergo a neuropsychological examination unless the offender has had a recent examination
1.15as described in paragraph (c). The report prepared under subdivision 1 shall contain the
1.16results of the examination ordered by the court or the recent examination and the officer
1.17preparing the report may consult with any medical provider, mental health professional, or
1.18other agency or person with suitable knowledge or experience for the purpose of providing
1.19the court with information regarding treatment and case management options available to
1.20the defendant.
1.21 (c) An updated neuropsychological examination is not required under this subdivision
1.22if:
1.23 (1) the person had a previous examination when the person was at least 25 years of age;
1Section 1.
REVISOR KLL/ES 25-0410902/19/25
State of Minnesota
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HOUSE OF REPRESENTATIVES
H. F. No. 1510
NINETY-FOURTH SESSION 2.1 (2) the examination took place at least 18 months after the person's most recent stroke
2.2or traumatic brain injury; and
2.3 (3) the examination took place within the previous three years.
2.4 (d) At sentencing, the court may consider any relevant information including but not
2.5limited to the information provided pursuant to paragraph (b) and the recommendations of
2.6any diagnosing or treating medical providers or mental health professionals to determine
2.7whether the offender, because of mental impairment resulting from a stroke or traumatic
2.8brain injury, lacked substantial capacity for judgment when the offense was committed.
2Section 1.
REVISOR KLL/ES 25-0410902/19/25