| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; providing for a process to review case files of cold case |
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| 3 | 3 | | 1.3 homicides at the request of certain family members and to potentially conduct |
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| 4 | 4 | | 1.4 reinvestigations of these cases; requiring a report; proposing coding for new law |
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| 5 | 5 | | 1.5 in Minnesota Statutes, chapter 299C. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. [299C.85] COLD CASE HOMICIDES; REVIEWS; REINVESTIGATIONS. |
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| 8 | 8 | | 1.8 Subdivision 1.Definitions.As used in this section, the following terms have the meanings |
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| 9 | 9 | | 1.9given: |
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| 10 | 10 | | 1.10 (1) "agency" means a state or local law enforcement agency; |
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| 11 | 11 | | 1.11 (2) "authorized person" means an immediate family member of a victim, including a |
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| 12 | 12 | | 1.12parent, parent-in-law, grandparent, grandparent-in-law, sibling, spouse, child, or stepchild; |
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| 13 | 13 | | 1.13 (3) "cold case homicide" means a homicide: |
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| 14 | 14 | | 1.14 (i) committed more than three years prior to the date of an application for a case file |
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| 15 | 15 | | 1.15review; |
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| 16 | 16 | | 1.16 (ii) previously investigated by a state, local, or federal law enforcement agency; |
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| 17 | 17 | | 1.17 (iii) for which all probative investigative leads have been exhausted; and |
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| 18 | 18 | | 1.18 (iv) for which no likely perpetrator has been identified; and |
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| 19 | 19 | | 1.19 (4) "victim" means a natural person who died as a result of a cold case homicide. |
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| 20 | 20 | | 1.20 Subd. 2.Initial review.(a) The head of an agency shall review the case file regarding |
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| 21 | 21 | | 1.21a cold case homicide within the agency's jurisdiction upon the receipt of a written application |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | 25-02684 as introduced01/24/25 REVISOR KLL/ES |
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| 24 | 24 | | SENATE |
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| 25 | 25 | | STATE OF MINNESOTA |
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| 26 | 26 | | S.F. No. 1067NINETY-FOURTH SESSION |
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| 27 | 27 | | (SENATE AUTHORS: CARLSON) |
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| 28 | 28 | | OFFICIAL STATUSD-PGDATE |
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| 29 | 29 | | Introduction and first reading02/06/2025 |
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| 30 | 30 | | Referred to Judiciary and Public Safety 2.1submitted by an authorized person to determine if a full reinvestigation of the case would |
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| 31 | 31 | | 2.2result in either the identification of probative investigative leads or a likely perpetrator. The |
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| 32 | 32 | | 2.3review must include: |
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| 33 | 33 | | 2.4 (1) an analysis of what investigative steps or follow-up steps may have been missed in |
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| 34 | 34 | | 2.5the initial investigation; |
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| 35 | 35 | | 2.6 (2) an assessment of whether witnesses should be interviewed or reinterviewed; |
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| 36 | 36 | | 2.7 (3) an examination of physical evidence to see if all appropriate forensic testing and |
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| 37 | 37 | | 2.8analysis was performed in the first instance or if additional testing might produce information |
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| 38 | 38 | | 2.9relevant to the investigation; and |
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| 39 | 39 | | 2.10 (4) an update of the case file using the most current investigative standards as of the |
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| 40 | 40 | | 2.11date of the review to the extent it would help develop probative leads. |
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| 41 | 41 | | 2.12 (b) If the head of the agency determines that the case does not satisfy the criteria to be |
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| 42 | 42 | | 2.13considered a cold case homicide, a review under paragraph (a) is not required and the head |
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| 43 | 43 | | 2.14shall issue a written certification to the authorized person stating that a review is not necessary |
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| 44 | 44 | | 2.15because all probative investigative leads have been exhausted or that a likely perpetrator |
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| 45 | 45 | | 2.16will not be identified. |
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| 46 | 46 | | 2.17 (c) A review under paragraph (a) may not be conducted by a person who previously |
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| 47 | 47 | | 2.18investigated the homicide at issue. |
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| 48 | 48 | | 2.19 (d) The agency shall provide in writing to the authorized person as soon as reasonably |
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| 49 | 49 | | 2.20possible: |
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| 50 | 50 | | 2.21 (1) confirmation of the agency's receipt of the application under paragraph (a); and |
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| 51 | 51 | | 2.22 (2) notice of the authorized person's rights under this section. |
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| 52 | 52 | | 2.23 (e) Only one case file review shall be undertaken at any one time with respect to the |
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| 53 | 53 | | 2.24same cold case homicide victim. |
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| 54 | 54 | | 2.25 (f) The agency shall conclude its case file review and reach a conclusion about whether |
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| 55 | 55 | | 2.26or not a full reinvestigation under subdivision 4 is warranted within six months of receiving |
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| 56 | 56 | | 2.27the application for review. |
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| 57 | 57 | | 2.28 (g) The agency may extend the time limit under paragraph (f) once for a period of time |
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| 58 | 58 | | 2.29not to exceed six months if the agency makes a finding that the number of case files to be |
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| 59 | 59 | | 2.30reviewed make it impracticable to comply with the limit without unreasonably taking |
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| 60 | 60 | | 2.31resources from other law enforcement activities. For cases for which the time limit in |
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| 61 | 61 | | 2Section 1. |
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| 62 | 62 | | 25-02684 as introduced01/24/25 REVISOR KLL/ES 3.1paragraph (f) is extended, the agency shall provide notice and an explanation of its reasoning |
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| 63 | 63 | | 3.2to the authorized person who filed the written application for review. |
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| 64 | 64 | | 3.3 Subd. 3.Application.Each agency shall develop a written application to be used for |
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| 65 | 65 | | 3.4authorized persons to request a case file review under subdivision 2. |
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| 66 | 66 | | 3.5 Subd. 4.Full reinvestigation.(a) The agency shall conduct a full reinvestigation of the |
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| 67 | 67 | | 3.6cold case homicide at issue if the review of the case file required by subdivision 2 concludes |
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| 68 | 68 | | 3.7that a full reinvestigation of the cold case homicide would result in probative investigative |
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| 69 | 69 | | 3.8leads. |
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| 70 | 70 | | 3.9 (b) A full reinvestigation must include analyzing all evidence regarding the cold case |
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| 71 | 71 | | 3.10homicide at issue for the purpose of developing probative investigative leads or a likely |
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| 72 | 72 | | 3.11perpetrator. |
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| 73 | 73 | | 3.12 (c) A reinvestigation required under paragraph (a) may not be conducted by a person |
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| 74 | 74 | | 3.13who previously investigated the homicide at issue. |
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| 75 | 75 | | 3.14 (d) Only one full reinvestigation may be undertaken at any one time with respect to the |
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| 76 | 76 | | 3.15same cold case homicide victim. |
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| 77 | 77 | | 3.16 Subd. 5.Consultation and updates.(a) An agency conducting a case file review or full |
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| 78 | 78 | | 3.17reinvestigation under this section shall consult with the authorized person who filed the |
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| 79 | 79 | | 3.18written application for review and provide the person with periodic updates during the case |
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| 80 | 80 | | 3.19file review and full reinvestigation. |
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| 81 | 81 | | 3.20 (b) The agency shall meet with the authorized person and discuss the evidence to explain |
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| 82 | 82 | | 3.21to the person its decision whether or not to engage in the full reinvestigation provided for |
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| 83 | 83 | | 3.22under subdivision 4 at the conclusion of the case file review. |
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| 84 | 84 | | 3.23 Subd. 6.Subsequent reviews.(a) If a case file review is conducted and a conclusion is |
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| 85 | 85 | | 3.24reached not to conduct a full reinvestigation, no additional case file review is required to |
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| 86 | 86 | | 3.25be undertaken with respect to that case for a period of five years, unless there is newly |
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| 87 | 87 | | 3.26discovered, materially significant evidence. An agency may continue an investigation absent |
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| 88 | 88 | | 3.27an authorized person's application. |
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| 89 | 89 | | 3.28 (b) If a full reinvestigation of a cold case homicide is completed, and a suspect is not |
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| 90 | 90 | | 3.29identified at its conclusion, no additional case file review or full reinvestigation need be |
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| 91 | 91 | | 3.30undertaken with regard to that case for a period of five years beginning on the date of the |
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| 92 | 92 | | 3.31conclusion of the reinvestigation, unless there is newly discovered, materially significant |
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| 93 | 93 | | 3.32evidence. |
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| 94 | 94 | | 3Section 1. |
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| 95 | 95 | | 25-02684 as introduced01/24/25 REVISOR KLL/ES 4.1 Subd. 7.Withholding information.Nothing in this section requires an agency to provide |
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| 96 | 96 | | 4.2information to an authorized person that would endanger the safety of any person, |
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| 97 | 97 | | 4.3unreasonably impede an ongoing investigation, violate a court order, or violate legal |
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| 98 | 98 | | 4.4obligations regarding privacy. |
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| 99 | 99 | | 4.5 Subd. 8.Multiple agencies.In a case where more than one agency conducted the initial |
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| 100 | 100 | | 4.6investigation of a cold case homicide, each agency shall coordinate their case file review |
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| 101 | 101 | | 4.7or full reinvestigation so that there is only one joint case file review or full reinvestigation |
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| 102 | 102 | | 4.8occurring at a time. |
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| 103 | 103 | | 4.9 Subd. 9.Applicability.This section applies to cold case homicides occurring on or after |
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| 104 | 104 | | 4.10January 1, 1970. |
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| 105 | 105 | | 4.11 Subd. 10.Annual report.(a) By January 30 of each year, each agency shall submit to |
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| 106 | 106 | | 4.12the Bureau of Criminal Apprehension in a manner determined by the bureau a report |
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| 107 | 107 | | 4.13describing actions taken and results achieved under this section during the previous calendar |
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| 108 | 108 | | 4.14year. At a minimum, the report must include: |
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| 109 | 109 | | 4.15 (1) the number of written applications filed with the agency for case file reviews; |
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| 110 | 110 | | 4.16 (2) the number of extensions granted, and an explanation of the reasons for the extension; |
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| 111 | 111 | | 4.17 (3) the number of cases where the agency head determined a case file review was not |
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| 112 | 112 | | 4.18warranted; |
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| 113 | 113 | | 4.19 (4) the number of cases in which a case file review under subdivision 2 was conducted |
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| 114 | 114 | | 4.20but where a full reinvestigation was determined to be unnecessary; |
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| 115 | 115 | | 4.21 (5) the number of full reinvestigations initiated or closed; and |
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| 116 | 116 | | 4.22 (6) information on the results of any full investigations conducted. |
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| 117 | 117 | | 4.23 (b) By March 15 of each year, the superintendent of the Bureau of Criminal Apprehension |
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| 118 | 118 | | 4.24shall publish on the bureau's website and report to the chairs and ranking minority members |
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| 119 | 119 | | 4.25of the senate and house of representatives committees with jurisdiction over criminal justice |
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| 120 | 120 | | 4.26policy a summary of the reports it received from agencies under paragraph (a). |
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| 121 | 121 | | 4Section 1. |
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| 122 | 122 | | 25-02684 as introduced01/24/25 REVISOR KLL/ES |
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