Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF206 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to public safety; modifying certain criminal felony murder and aiding and
3	3		1.3 abetting murder provisions; authorizing retroactive relief for certain aiding and
4	4		1.4 abetting murder convictions; reviving task force on aiding and abetting felony
5	5		1.5 murder; requiring a report; amending Minnesota Statutes 2024, sections 609.05,
6	6		1.6 subdivision 2a; 609.185; 609.19, subdivisions 1, 2, by adding a subdivision.
7	7		1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8		1.8 Section 1. Minnesota Statutes 2024, section 609.05, subdivision 2a, is amended to read:
9	9		1.9 Subd. 2a.Exception.(a) A person may not be held criminally liable for a violation of
10	10		1.10section 609.185, paragraph (a), clause (3), for a death caused by another unless the person
11	11		1.11intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
12	12		1.12other with the intent to cause the death of a human being.
13	13		1.13 (b) A person may not be held criminally liable for a violation of section 609.185,
14	14		1.14paragraph (a), clause (1), for a death of a human being caused by another unless the person
15	15		1.15intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
16	16		1.16other with premeditation and with intent to cause the death of a human being.
17	17		1.17 (c) A person may not be held criminally liable for a violation of section 609.19,
18		-	1.18subdivision 1, for a death of a human being caused by another unless the person ~~intentionally~~
19		-	1.~~19aided~~, advised, hired, counseled, or conspired with or otherwise procured the ~~other with the~~
20		-	1.~~20intent~~ to cause the death of a human being.
	18	+	1.18subdivision (1), clause (1), for a death of a human being caused by another unless the person
	19	+	1.19intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
	20	+	1.20other with the intent to cause the death of a human being.
21	21		1.21 (b) (d) A person may not be held criminally liable for a violation of section 609.19,
22	22		1.22subdivision 2, clause (1), for a death caused by another unless the person was a major
23	23		1.23participant in the underlying felony and acted with extreme indifference to human life.
24	24		1Section 1.
25		-	~~S0206-1 1st Engrossment~~~~SF206~~ REVISOR KLL
	25	+	25-00816 as introduced12/18/24 REVISOR KLL/KR
26	26		SENATE
27	27		STATE OF MINNESOTA
28	28		S.F. No. 206NINETY-FOURTH SESSION
29	29		(SENATE AUTHORS: OUMOU VERBETEN)
30	30		OFFICIAL STATUSD-PGDATE
31		-	Introduction and first reading9201/16/2025
32		-	Referred to Judiciary and Public Safety
33		-	Comm report: To pass as amended and re-refer to State and Local Government03/24/2025 2.1 (c) (e) As used in this subdivision, "major participant" means a person who:
	31	+	Introduction and first reading01/16/2025
	32	+	Referred to Judiciary and Public Safety 2.1 (c) (e) As used in this subdivision, "major participant" means a person who:
34	33		2.2 (1) used a deadly weapon during the commission of the underlying felony or provided
35	34		2.3a deadly weapon to another participant where it was reasonably foreseeable that the weapon
36	35		2.4would be used in the underlying felony;
37	36		2.5 (2) caused substantial bodily harm to another during the commission of the underlying
38	37		2.6felony;
39	38		2.7 (3) coerced or hired a participant to undertake actions in furtherance of the underlying
40	39		2.8felony that proximately caused the death, and where it was reasonably foreseeable that such
41	40		2.9actions would cause death or great bodily harm; or
42	41		2.10 (4) impeded another person from preventing the death either by physical action or by
43	42		2.11threat of physical action where it was reasonably foreseeable that death or great bodily harm
44	43		2.12would result.
45	44		2.13 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
46	45		2.14committed on or after that date.
47	46		2.15 Sec. 2. Minnesota Statutes 2024, section 609.185, is amended to read:
48	47		2.16 609.185 MURDER IN THE FIRST DEGREE.
49	48		2.17 (a) Whoever does any of the following is guilty of murder in the first degree and shall
50	49		2.18be sentenced to imprisonment for life:
51	50		2.19 (1) causes the death of a human being with premeditation and with intent to effect the
52	51		2.20death of the person or of another;
53	52		2.21 (2) causes the death of a human being while committing or attempting to commit criminal
54	53		2.22sexual conduct in the first or second degree with force or violence, either upon or affecting
55	54		2.23the person or another;
56	55		2.24 (3) causes the death of a human being with intent to effect the death of the person or
57	56		2.25another, while committing or attempting to commit a felony-level violation of any of the
58	57		2.26following offenses: burglary, aggravated robbery, carjacking in the first or second degree,
59	58		2.27kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness
60	59		2.28in the first degree, escape from custody, or any felony a felony-level violation of chapter
61	60		2.29152 involving the unlawful sale of a controlled substance;
62	61		2.30 (4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed
63	62		2.31at a Minnesota state or local correctional facility, with intent to effect the death of that person
64	63		2.32or another, while the person is engaged in the performance of official duties;
65	64		2Sec. 2.
66		-	~~S0206-1 1st Engrossment~~~~SF206~~ REVISOR KLL 3.1 (5) causes the death of a minor while committing child abuse, when the perpetrator has
	65	+	25-00816 as introduced12/18/24 REVISOR KLL/KR 3.1 (5) causes the death of a minor while committing child abuse, when the perpetrator has
67	66		3.2engaged in a past pattern of child abuse upon a child and the death occurs under
68	67		3.3circumstances manifesting an extreme indifference to human life;
69	68		3.4 (6) causes the death of a human being while committing domestic abuse, when the
70	69		3.5perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another
71	70		3.6family or household member and the death occurs under circumstances manifesting an
72	71		3.7extreme indifference to human life; or
73	72		3.8 (7) causes the death of a human being while committing, conspiring to commit, or
74	73		3.9attempting to commit a felony crime to further terrorism and the death occurs under
75	74		3.10circumstances manifesting an extreme indifference to human life.
76	75		3.11 (b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning
77	76		3.12given in section 609.221, subdivision 6, clause (4).
78	77		3.13 (c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section
79	78		3.14609.221, subdivision 6, clause (5).
80	79		3.15 (d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed
81	80		3.16against a minor victim that constitutes a violation of the following laws of this state or any
82	81		3.17similar laws of the United States or any other state: section 609.221; 609.222; 609.223;
83	82		3.18609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.
84	83		3.19 (e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:
85	84		3.20 (1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
86	85		3.21609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
87	86		3.22any other state; and
88	87		3.23 (2) is committed against the victim who is a family or household member as defined in
89	88		3.24section 518B.01, subdivision 2, paragraph (b).
90	89		3.25 (f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given
91	90		3.26in section 609.714, subdivision 1.
92	91		3.27 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
93	92		3.28committed on or after that date.
94	93		3.29 Sec. 3. Minnesota Statutes 2024, section 609.19, subdivision 1, is amended to read:
95	94		3.30 Subdivision 1.Intentional murder; drive-by shootings.Whoever does either of the
96	95		3.31following causes the death of a human being with intent to effect the death of that person
97	96		3Sec. 3.
98		-	~~S0206-1 1st Engrossment~~~~SF206~~ REVISOR KLL 4.1or another, but without premeditation, is guilty of murder in the second degree and may be
	97	+	25-00816 as introduced12/18/24 REVISOR KLL/KR 4.1or another, but without premeditation, is guilty of murder in the second degree and may be
99	98		4.2sentenced to imprisonment for not more than 40 years:.
100	99		4.3 (1) causes the death of a human being with intent to effect the death of that person or
101	100		4.4another, but without premeditation; or
102	101		4.5 (2) causes the death of a human being while committing or attempting to commit a
103	102		4.6drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other
104	103		4.7than those described in section 609.185, paragraph (a), clause (3).
105	104		4.8 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
106	105		4.9committed on or after that date.
107	106		4.10 Sec. 4. Minnesota Statutes 2024, section 609.19, subdivision 2, is amended to read:
108	107		4.11 Subd. 2.Unintentional murders.Whoever does either of the following is guilty of
109	108		4.12unintentional murder in the second degree and may be sentenced to imprisonment for not
110	109		4.13more than 40 years:
111	110		4.14 (1) causes the death of a human being, without intent to effect the death of any person,
112	111		4.15while committing or attempting to commit a felony offense other than criminal sexual
113	112		4.16conduct in the first or second degree with force or violence or a drive-by shooting a
114	113		4.17felony-level violation of any of the following offenses: burglary, aggravated robbery,
115	114		4.18carjacking in the first or second degree, kidnapping, arson in the first or second degree,
116	115		4.19drive-by shooting, tampering with a witness in the first degree, escape from custody,
117	116		4.20malicious punishment of a child, domestic assault, domestic assault by strangulation, a
118	117		4.21crime to further terrorism, or a felony-level violation of chapter 152 involving the unlawful
119	118		4.22sale of a controlled substance; or
120	119		4.23 (2) causes the death of a human being without intent to effect the death of any person,
121	120		4.24while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the
122	121		4.25perpetrator is restrained under an order for protection and the victim is a person designated
123	122		4.26to receive protection under the order. As used in this clause, "order for protection" includes
124	123		4.27an order for protection issued under chapter 518B; a harassment restraining order issued
125	124		4.28under section 609.748; a court order setting conditions of pretrial release or conditions of
126	125		4.29a criminal sentence or juvenile court disposition; a restraining order issued in a marriage
127	126		4.30dissolution action; and any order issued by a court of another state or of the United States
128	127		4.31that is similar to any of these orders.
129	128		4.32 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
130	129		4.33committed on or after that date.
131	130		4Sec. 4.
132		-	~~S0206-1 1st Engrossment~~~~SF206~~ REVISOR KLL 5.1 Sec. 5. Minnesota Statutes 2024, section 609.19, is amended by adding a subdivision to
	131	+	25-00816 as introduced12/18/24 REVISOR KLL/KR 5.1 Sec. 5. Minnesota Statutes 2024, section 609.19, is amended by adding a subdivision to
133	132		5.2read:
134	133		5.3 Subd. 3.Exception.A person shall not be held liable for a violation of subdivision 2,
135	134		5.4clause (1), unless their acts present a special danger to human life based on the circumstances
136	135		5.5under which the predicate felony was committed.
137	136		5.6 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
138	137		5.7committed on or after that date.
139	138		5.8 Sec. 6. TASK FORCE ON AIDING AND ABETTING FELONY MURDER.
140	139		5.9 (a) Laws 2021, First Special Session chapter 11, article 2, section 53, subdivisions 2 to
141	140		5.105, are revived and reenacted on the effective date of this section to expand the focus of the
142	141		5.11task force's duties and work on felony murder, aiding and abetting liability generally, and
143	142		5.12other implicated issues pursuant to recommendation number six in the February 14, 2024,
144	143		5.13task force on aiding and abetting felony murder report to the Minnesota legislature.
145	144		5.14 (b) On or before February 1, 2027, the task force shall submit a report to the chairs and
146	145		5.15ranking minority members of the legislative committees and divisions with jurisdiction over
147	146		5.16crime and sentencing on the findings and recommendations of the task force.
148	147		5.17 (c) The task force expires February 2, 2027, or the day after submitting its report under
149	148		5.18paragraph (b), whichever is earlier.
150	149		5.19 EFFECTIVE DATE.This section is effective August 1, 2025.
151	150		5.20 Sec. 7. LIABILITY FOR MURDER COMMITTED BY ANOTHER; RETROACTIVE
152	151		5.21APPLICATION.
153	152		5.22 Subdivision 1.Purpose.Any person convicted of a violation of Minnesota Statutes,
154	153		5.23section 609.185, paragraph (a), clause (1), under the theory of liability for crimes of another
155	154		5.24and who is in the custody of the commissioner of corrections or under court supervision is
156	155		5.25entitled to petition to have the person's conviction vacated pursuant to this section.
157	156		5.26 Subd. 2.Notification.(a) By September 1, 2026, the commissioner of corrections shall
158	157		5.27notify individuals convicted of a violation of Minnesota Statutes, section 609.185, paragraph
159	158		5.28(a), clause (1), of the right to file a preliminary application for relief if the person was
160	159		5.29convicted of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (1),
161	160		5.30and the person:
162	161		5.31 (1) did not cause the death of a human being; and
163	162		5Sec. 7.
164		-	~~S0206-1 1st Engrossment~~~~SF206~~ REVISOR KLL 6.1 (2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
	163	+	25-00816 as introduced12/18/24 REVISOR KLL/KR 6.1 (2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
165	164		6.2another with premeditation or the intent to cause the death of a human being.
166		-	6.3 (b) The notice shall include the address of the court ~~administration of the judicial district~~
167		-	6.~~4of conviction~~.
	165	+	6.3 (b) The notice shall include the address of the Ramsey County District Court court
	166	+	6.4administration.
168	167		6.5 (c) The commissioner of corrections may coordinate with the judicial branch to establish
169	168		6.6a standardized notification form.
170	169		6.7 Subd. 3.Preliminary application.(a) An applicant shall submit a preliminary application
171		-	6.8to the court administration of the judicial district in which the conviction took place. The
172		-	6.9preliminary application must contain:
173		-	6.10 (1) the applicant's name and, if different, the name under which the person was convicted;
174		-	6.11 (2) the applicant's date of birth;
175		-	6.12 (3) the district court case number of the case for which the person is seeking relief;
176		-	6.13 (4) a statement as to whether the applicant was convicted following a trial or pursuant
177		-	6.14to a plea;
178		-	6.15 (5) a statement as to whether the person filed a direct appeal from the conviction, a
179		-	6.16petition for postconviction relief, or both;
180		-	6.17 (6) a brief statement, not to exceed 3,000 words, explaining why the applicant is entitled
181		-	6.18to relief under this section from a conviction for the death of a human being caused by
182		-	6.19another; and
183		-	6.20 (7) the name and address of any attorney representing the applicant.
184		-	6.21 (b) The preliminary application may contain:
185		-	6.22 (1) the name, date of birth, and district court case number of any other person charged
186		-	6.23with, or convicted of, a crime arising from the same set of circumstances for which the
187		-	6.24applicant was convicted; and
188		-	6.25 (2) a copy of a criminal complaint or indictment, or the relevant portions of a presentence
189		-	6.26investigation or life imprisonment report, describing the facts of the case for which the
190		-	6.27applicant was convicted.
191		-	6.28 (c) The judicial branch may establish a standardized preliminary application form, but
192		-	6.29shall not reject a preliminary application for failure to use a standardized form.
193		-	6.30 (d) Any person seeking relief under this section must submit a preliminary application
194		-	6.31no later than October 1, 2027. Submission is complete upon mailing.
	170	+	6.8to the Ramsey County District Court. The preliminary application must contain:
	171	+	6.9 (1) the applicant's name and, if different, the name under which the person was convicted;
	172	+	6.10 (2) the applicant's date of birth;
	173	+	6.11 (3) the district court case number of the case for which the person is seeking relief;
	174	+	6.12 (4) a statement as to whether the applicant was convicted following a trial or pursuant
	175	+	6.13to a plea;
	176	+	6.14 (5) a statement as to whether the person filed a direct appeal from the conviction, a
	177	+	6.15petition for postconviction relief, or both;
	178	+	6.16 (6) a brief statement, not to exceed 3,000 words, explaining why the applicant is entitled
	179	+	6.17to relief under this section from a conviction for the death of a human being caused by
	180	+	6.18another; and
	181	+	6.19 (7) the name and address of any attorney representing the applicant.
	182	+	6.20 (b) The preliminary application may contain:
	183	+	6.21 (1) the name, date of birth, and district court case number of any other person charged
	184	+	6.22with, or convicted of, a crime arising from the same set of circumstances for which the
	185	+	6.23applicant was convicted; and
	186	+	6.24 (2) a copy of a criminal complaint or indictment, or the relevant portions of a presentence
	187	+	6.25investigation or life imprisonment report, describing the facts of the case for which the
	188	+	6.26applicant was convicted.
	189	+	6.27 (c) The judicial branch may establish a standardized preliminary application form, but
	190	+	6.28shall not reject a preliminary application for failure to use a standardized form.
	191	+	6.29 (d) Any person seeking relief under this section must submit a preliminary application
	192	+	6.30no later than October 1, 2027. Submission is complete upon mailing.
195	193		6Sec. 7.
196		-	~~S0206-1 1st Engrossment~~~~SF206~~ REVISOR KLL 7.1 (e) Submission of a preliminary application shall be without costs or any fees charged
	194	+	25-00816 as introduced12/18/24 REVISOR KLL/KR 7.1 (e) Submission of a preliminary application shall be without costs or any fees charged
197	195		7.2to the applicant.
198	196		7.3 Subd. 4.Review of preliminary application.(a) Upon receipt of a preliminary
199		-	7.4application, the ~~chief judge~~ of the ~~judicial~~ district ~~in which the conviction took place~~ shall
200		-	7.~~5promptly assign~~ the ~~matter~~ to a judge ~~in that district.~~
201		-	7.~~6 (b) Within 90 days of receiving~~ the ~~preliminary application,~~ ~~the reviewing~~ judge ~~shall~~
202		-	7.~~7determine whether, in~~ the ~~discretion of that judge, there is~~ a ~~reasonable probability that the~~
203		-	7.~~8application is entitled~~ to ~~relief under this section~~.
204		-	7.9 (c) ~~In making~~ the ~~determination under paragraph (b),~~ the ~~reviewing judge shall consider~~
205		-	7.~~10the preliminary application and any materials submitted with~~ the ~~preliminary application~~
206		-	7.~~11and may consider relevant records in~~ the ~~possession of the judicial branch~~.
207		-	7.12 (d) The ~~court may summarily deny an application when:~~
208		-	7.~~13 (1)~~ the application ~~does not contain the information required under subdivision 3,~~
209		-	7.~~14paragraph (a);~~
210		-	7.15 (2) the ~~applicant is not in the custody of the commissioner of corrections or under court~~
211		-	7.~~16supervision;~~
212		-	7.17 (3) ~~the applicant was not convicted of a violation of Minnesota Statutes, section 609.185,~~
213		-	7.~~18paragraph~~ (a)~~, clause (1), for crimes committed before August 1,~~ ~~2025;~~ or
214		-	7.~~19 (4) the issues raised in the application are not relevant to the relief available under this~~
215		-	7.~~20section or have previously been decided by~~ the ~~court~~ of ~~appeals or the supreme court in the~~
216		-	7.~~21same case.~~
217		-	7.22 (e) The ~~court may also summarily deny an~~ application if the ~~applicant has filed a second~~
218		-	7.~~23or successive preliminary application,~~ ~~any prior application was denied for a reason other~~
219		-	7.~~24than that it did not contain the information required under subdivision 3, paragraph (a), and:~~
220		-	7.25 (1) the ~~reviewing judge previously determined that there was~~ a ~~reasonable probability~~
221		-	7.~~26that the applicant~~ was ~~entitled to relief, but~~ a ~~court determined that the petitioner did not~~
222		-	7.~~27qualify for relief~~ under subdivision 6;
223		-	7.28 (2) a ~~previous application was submitted by an attorney representing the applicant; or~~
224		-	7.~~29 (3)~~ the ~~reviewing judge previously~~ determined that ~~there was~~ not ~~a reasonable probability~~
225		-	7.~~30that the applicant is entitled to~~ relief~~, the second or successive preliminary application does~~
226		-	7.~~31not contain any additional information described in subdivision 3, paragraph~~ (b)~~, and~~ the
	197	+	7.4application, the court administrator of the Ramsey County District Court shall immediately
	198	+	7.5direct attention of the filing of the application to the chief judge or judge acting on the chief
	199	+	7.6judge's behalf who shall promptly assign the matter to a judge in that district.
	200	+	7.7 (b) The judicial branch may appoint a special master to review preliminary applications
	201	+	7.8and may assign additional staff as needed to assist in the review of preliminary applications.
	202	+	7.9 (c) Within 90 days of the Ramsey County District Court receiving the preliminary
	203	+	7.10application, the reviewing judge shall determine whether, in the discretion of that judge,
	204	+	7.11there is a reasonable probability that the application is entitled to relief under this section.
	205	+	7.12 (d) In making the determination under paragraph (c), the reviewing judge shall consider
	206	+	7.13the preliminary application and any materials submitted with the preliminary application
	207	+	7.14and may consider relevant records in the possession of the judicial branch.
	208	+	7.15 (e) The court may summarily deny an application when:
	209	+	7.16 (1) the application does not contain the information required under subdivision 3,
	210	+	7.17paragraph (a);
	211	+	7.18 (2) the applicant is not in the custody of the commissioner of corrections or under court
	212	+	7.19supervision;
	213	+	7.20 (3) the applicant was not convicted of a violation of Minnesota Statutes, section 609.185,
	214	+	7.21paragraph (a), clause (1), for crimes committed before August 1, 2025; or
	215	+	7.22 (4) the issues raised in the application are not relevant to the relief available under this
	216	+	7.23section or have previously been decided by the court of appeals or the supreme court in the
	217	+	7.24same case.
	218	+	7.25 (f) The court may also summarily deny an application if the applicant has filed a second
	219	+	7.26or successive preliminary application, any prior application was denied for a reason other
	220	+	7.27than that it did not contain the information required under subdivision 3, paragraph (a), and:
	221	+	7.28 (1) the reviewing judge previously determined that there was a reasonable probability
	222	+	7.29that the applicant was entitled to relief, but a court determined that the petitioner did not
	223	+	7.30qualify for relief under subdivision 6;
	224	+	7.31 (2) a previous application was submitted by an attorney representing the applicant; or
227	225		7Sec. 7.
228		-	~~S0206-1 1st Engrossment~~~~SF206~~ REVISOR KLL 8.~~1second or successive preliminary application~~ was ~~submitted by someone other than an~~
229		-	8.~~2attorney representing~~ the applicant.
230		-	8.3 (f) ~~If the reviewing judge determines that there is a reasonable probability that~~ the
231		-	8.~~4applicant is entitled to relief,~~ ~~the judge shall send notice to the applicant and the applicant's~~
232		-	8.5attorney~~, if any, and the prosecutorial office responsible for prosecuting~~ the applicant. In
233		-	8.~~6the event the applicant is without counsel,~~ the reviewing judge ~~shall send notice to~~ the ~~state~~
234		-	8.~~7public defender and~~ shall ~~advise~~ the applicant of the ~~referral.~~
235		-	8.~~8 (g)~~ If the ~~reviewing judge determines that there is not a reasonable probability that~~ the
236		-	8.~~9applicant~~ is ~~entitled to relief~~, the judge shall send notice to the ~~applicant and the applicant's~~
237		-	8.~~10attorney, if any.~~ The ~~notice must contain a brief statement explaining~~ the ~~reasons the~~
238		-	8.~~11reviewing~~ judge ~~concluded~~ that there is not a reasonable probability that the ~~applicant is~~
239		-	8.~~12entitled~~ to relief.
240		-	8.~~13 Subd~~. ~~5.Petition for relief;~~ ~~hearing.(~~a~~) Unless extended for good cause,~~ ~~within 60~~
241		-	8.~~14days of filing of~~ the ~~notice sent pursuant to subdivision 4, paragraph (f), the individual~~
242		-	8.~~15seeking relief shall file and serve a petition~~ to ~~vacate the conviction~~. ~~The petition must be~~
243		-	8.~~16filed in the district court of the judicial district in the county where the conviction took place~~
244		-	8.~~17and must contain~~ the ~~information identified in~~ subdivision 3, paragraph (a), ~~and a statement~~
245		-	8.~~18of why~~ the ~~petitioner is entitled to relief~~. The petition ~~may contain any other relevant~~
246		-	8.~~19information, including police reports, trial transcripts, and plea transcripts involving~~ the
247		-	8.~~20petitioner or any other person investigated for~~, ~~charged with~~, ~~or convicted of~~ a ~~crime arising~~
248		-	8.~~21out of the same set of circumstances for which~~ the petitioner ~~was convicted~~. The ~~filing of~~
249		-	8.~~22the petition~~ and ~~any document subsequent thereto and all proceedings thereon shall be~~
250		-	8.~~23without costs~~ or any ~~fees~~ charged ~~to the petitioner.~~
251		-	8.~~24 (b) Upon filing~~ of the ~~petition,~~ the ~~prosecutor shall make a good faith and reasonable~~
252		-	8.~~25effort to notify~~ any ~~person determined to~~ be ~~a victim of the underlying offense that a petition~~
253		-	8.~~26has been filed~~.
254		-	8.27 (c) ~~A county attorney representing the prosecutorial office shall respond to~~ the petition
255		-	8.~~28by answer or motion within 45 days after the filing~~ of the petition ~~pursuant to paragraph (a)~~
256		-	8.~~29unless extended for good cause. The response shall be~~ filed ~~with the court administrator of~~
257		-	8.~~30the district court and served on~~ the ~~petitioner if unrepresented or on~~ the ~~petitioner's attorney.~~
258		-	8.~~31The response may serve notice~~ of the ~~intent~~ to ~~support the petition or include~~ a ~~statement~~
259		-	8.~~32explaining why~~ the ~~petitioner is not entitled to relief along~~ with ~~any supporting documents.~~
260		-	8.33The ~~filing of~~ the ~~response and any document subsequent thereto and all proceedings thereon~~
261		-	8.~~34shall be without costs~~ or ~~any fees charged to the county attorney.~~
	226	+	25-00816 as introduced12/18/24 REVISOR KLL/KR 8.1 (3) the reviewing judge previously determined that there was not a reasonable probability
	227	+	8.2that the applicant is entitled to relief, the second or successive preliminary application does
	228	+	8.3not contain any additional information described in subdivision 3, paragraph (b), and the
	229	+	8.4second or successive preliminary application was submitted by someone other than an
	230	+	8.5attorney representing the applicant.
	231	+	8.6 (g) If the reviewing judge determines that there is a reasonable probability that the
	232	+	8.7applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
	233	+	8.8attorney, if any, and the prosecutorial office responsible for prosecuting the applicant. In
	234	+	8.9the event the applicant is without counsel, the reviewing judge shall send notice to the state
	235	+	8.10public defender and shall advise the applicant of the referral.
	236	+	8.11 (h) If the reviewing judge determines that there is not a reasonable probability that the
	237	+	8.12applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
	238	+	8.13attorney, if any. The notice must contain a brief statement explaining the reasons the
	239	+	8.14reviewing judge concluded that there is not a reasonable probability that the applicant is
	240	+	8.15entitled to relief.
	241	+	8.16 Subd. 5.Petition for relief; hearing.(a) Unless extended for good cause, within 60
	242	+	8.17days of filing of the notice sent pursuant to subdivision 4, paragraph (g), the individual
	243	+	8.18seeking relief shall file and serve a petition to vacate the conviction. The petition must be
	244	+	8.19filed in the district court of the judicial district in the county where the conviction took place
	245	+	8.20and must contain the information identified in subdivision 3, paragraph (a), and a statement
	246	+	8.21of why the petitioner is entitled to relief. The petition may contain any other relevant
	247	+	8.22information, including police reports, trial transcripts, and plea transcripts involving the
	248	+	8.23petitioner or any other person investigated for, charged with, or convicted of a crime arising
	249	+	8.24out of the same set of circumstances for which the petitioner was convicted. The filing of
	250	+	8.25the petition and any document subsequent thereto and all proceedings thereon shall be
	251	+	8.26without costs or any fees charged to the petitioner.
	252	+	8.27 (b) Upon filing of the petition, the prosecutor shall make a good faith and reasonable
	253	+	8.28effort to notify any person determined to be a victim of the underlying offense that a petition
	254	+	8.29has been filed.
	255	+	8.30 (c) A county attorney representing the prosecutorial office shall respond to the petition
	256	+	8.31by answer or motion within 45 days after the filing of the petition pursuant to paragraph (a)
	257	+	8.32unless extended for good cause. The response shall be filed with the court administrator of
	258	+	8.33the district court and served on the petitioner if unrepresented or on the petitioner's attorney.
	259	+	8.34The response may serve notice of the intent to support the petition or include a statement
262	260		8Sec. 7.
263		-	S0206-1 1st EngrossmentSF206 REVISOR KLL 9.1 (d) The petitioner may file a reply to the response filed by the county attorney within
264		-	9.215 days after the response is filed, unless extended for good cause.
265		-	9.3 (e) Within 30 days of the filing of the reply from the petition or, if no reply is filed,
266		-	9.4within 30 days of the filing of the response from the county attorney, the court shall:
267		-	9.5 (1) issue an order and schedule the matter for sentencing or resentencing pursuant to
268		-	9.6subdivision 6 if the county attorney indicates an intent to support the petition;
269		-	9.7 (2) issue an order denying the petition if additional information or submissions establish
270		-	9.8that there is not a reasonable probability that the applicant is entitled to relief under this
271		-	9.9section and include a memorandum identifying the additional information or submissions
272		-	9.10and explaining the reasons why the court concluded that there is not a reasonable probability
273		-	9.11that the applicant is entitled to relief; or
274		-	9.12 (3) schedule the matter for a hearing and issue any appropriate order regarding submission
275		-	9.13of evidence or identification of witnesses.
276		-	9.14 (f) The hearing shall be held in open court and conducted pursuant to Minnesota Statutes,
277		-	9.15section 590.04, except that the petitioner must be present at the hearing, unless excused
278		-	9.16under Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3). The prosecutor
279		-	9.17shall make a good faith and reasonable effort to notify any person determined to be a victim
280		-	9.18of the hearing.
281		-	9.19 Subd. 6.Determination; order; resentencing.(a) A petitioner who was convicted of
282		-	9.20a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (1), is entitled to
283		-	9.21relief if the petitioner shows by a preponderance of the evidence that the petitioner:
284		-	9.22 (1) did not cause the death of a human being; and
285		-	9.23 (2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
286		-	9.24another with premeditation or the intent to cause the death of a human being.
287		-	9.25 (b) If the court determines that the petitioner does not qualify for relief, the court shall
288		-	9.26issue an order denying the petition. If the court determines that the petitioner is entitled to
289		-	9.27relief, the court shall issue an order vacating the conviction for a violation of Minnesota
290		-	9.28Statutes, section 609.185, paragraph (a), clause (1), and:
291		-	9.29 (1) resentence the petitioner for a remaining offense for which the petitioner was
292		-	9.30convicted; or
293		-	9.31 (2) enter a conviction and impose a sentence for any lesser included offenses as described
294		-	9.32in Minnesota Statutes, section 631.14.
	261	+	25-00816 as introduced12/18/24 REVISOR KLL/KR 9.1explaining why the petitioner is not entitled to relief along with any supporting documents.
	262	+	9.2The filing of the response and any document subsequent thereto and all proceedings thereon
	263	+	9.3shall be without costs or any fees charged to the county attorney.
	264	+	9.4 (d) The petitioner may file a reply to the response filed by the county attorney within
	265	+	9.515 days after the response is filed, unless extended for good cause.
	266	+	9.6 (e) Within 30 days of the filing of the reply from the petition or, if no reply is filed,
	267	+	9.7within 30 days of the filing of the response from the county attorney, the court shall:
	268	+	9.8 (1) issue an order and schedule the matter for sentencing or resentencing pursuant to
	269	+	9.9subdivision 6 if the county attorney indicates an intent to support the petition;
	270	+	9.10 (2) issue an order denying the petition if additional information or submissions establish
	271	+	9.11that there is not a reasonable probability that the applicant is entitled to relief under this
	272	+	9.12section and include a memorandum identifying the additional information or submissions
	273	+	9.13and explaining the reasons why the court concluded that there is not a reasonable probability
	274	+	9.14that the applicant is entitled to relief; or
	275	+	9.15 (3) schedule the matter for a hearing and issue any appropriate order regarding submission
	276	+	9.16of evidence or identification of witnesses.
	277	+	9.17 (f) The hearing shall be held in open court and conducted pursuant to Minnesota Statutes,
	278	+	9.18section 590.04, except that the petitioner must be present at the hearing, unless excused
	279	+	9.19under Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3). The prosecutor
	280	+	9.20shall make a good faith and reasonable effort to notify any person determined to be a victim
	281	+	9.21of the hearing.
	282	+	9.22 Subd. 6.Determination; order; resentencing.(a) A petitioner who was convicted of
	283	+	9.23a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (1), is entitled to
	284	+	9.24relief if the petitioner shows by a preponderance of the evidence that the petitioner:
	285	+	9.25 (1) did not cause the death of a human being; and
	286	+	9.26 (2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
	287	+	9.27another with premeditation or the intent to cause the death of a human being.
	288	+	9.28 (b) If the court determines that the petitioner does not qualify for relief, the court shall
	289	+	9.29issue an order denying the petition. If the court determines that the petitioner is entitled to
	290	+	9.30relief, the court shall issue an order vacating the conviction for a violation of Minnesota
	291	+	9.31Statutes, section 609.185, paragraph (a), clause (1), and:
295	292		9Sec. 7.
296		-	S0206-1 1st EngrossmentSF206 REVISOR KLL 10.1 (c) If the court intends to enter a conviction and impose a sentence for a lesser included
297		-	10.2offense, the court must hold a hearing to determine the appropriate offense.
298		-	10.3 (d) If, pursuant to paragraph (b), the court either resentences a petitioner or imposes a
299		-	10.4sentence, the court shall also resentence the petitioner for any other offense if the sentence
300		-	10.5was announced by a district court of the same county, the sentence was either ordered to
301		-	10.6be served consecutively to the vacated conviction or the criminal history calculation for
302		-	10.7that sentence included the vacated sentence, and the changes made pursuant to paragraph
303		-	10.8(b) would have resulted in a different criminal history score being used at the time of
304		-	10.9sentencing.
305		-	10.10 (e) The court shall state in writing or on the record the reasons for its decision on the
306		-	10.11petition.
307		-	10.12 (f) If the court intends to resentence a petitioner or impose a sentence on a petitioner,
308		-	10.13the court must hold the hearing at a time that allows any victim an opportunity to submit a
309		-	10.14statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make
310		-	10.15a good faith and reasonable effort to notify any person determined to be a victim of the
311		-	10.16hearing and the right to submit or make a statement. A sentence imposed under this
312		-	10.17subdivision shall not increase the petitioner's total period of confinement or, if the petitioner
313		-	10.18was serving a stayed sentence, increase the period of supervision. The court may increase
314		-	10.19the period of confinement for a sentence that was ordered to be served consecutively to the
315		-	10.20vacated conviction based on a change in the appropriate criminal history score provided the
316		-	10.21court does not increase the petitioner's total period of confinement. A person resentenced
317		-	10.22under this paragraph is entitled to credit for time served in connection with the vacated
318		-	10.23offense.
319		-	10.24 (g) Relief granted under this section shall not be treated as an exoneration for purposes
320		-	10.25of the Incarceration and Exoneration Remedies Act.
321		-	10.26 (h) If the court enters a conviction under this subdivision, the court shall ensure that the
322		-	10.27date of the conviction being entered is the same as that of the original conviction.
323		-	10.28 EFFECTIVE DATE.This section is effective August 1, 2025.
	293	+	25-00816 as introduced12/18/24 REVISOR KLL/KR 10.1 (1) resentence the petitioner for the most serious remaining offense for which the
	294	+	10.2petitioner was convicted; or
	295	+	10.3 (2) enter a conviction and impose a sentence for the most serious of any lesser included
	296	+	10.4offenses as described in Minnesota Statutes, section 631.14.
	297	+	10.5 (c) If the court intends to enter a conviction and impose a sentence for a lesser included
	298	+	10.6offense, the court must hold a hearing to determine the appropriate offense.
	299	+	10.7 (d) If the court proceeds under paragraph (b), clause (1) or (2), the new sentence
	300	+	10.8announced by the court under this section must be for the most serious felony.
	301	+	10.9 (e) If, pursuant to paragraph (b), the court either resentences a petitioner or imposes a
	302	+	10.10sentence, the court shall also resentence the petitioner for any other offense if the sentence
	303	+	10.11was announced by a district court of the same county, the sentence was either ordered to
	304	+	10.12be served consecutively to the vacated conviction or the criminal history calculation for
	305	+	10.13that sentence included the vacated sentence, and the changes made pursuant to paragraph
	306	+	10.14(b) would have resulted in a different criminal history score being used at the time of
	307	+	10.15sentencing.
	308	+	10.16 (f) The court shall state in writing or on the record the reasons for its decision on the
	309	+	10.17petition.
	310	+	10.18 (g) If the court intends to resentence a petitioner or impose a sentence on a petitioner,
	311	+	10.19the court must hold the hearing at a time that allows any victim an opportunity to submit a
	312	+	10.20statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make
	313	+	10.21a good faith and reasonable effort to notify any person determined to be a victim of the
	314	+	10.22hearing and the right to submit or make a statement. A sentence imposed under this
	315	+	10.23subdivision shall not increase the petitioner's total period of confinement or, if the petitioner
	316	+	10.24was serving a stayed sentence, increase the period of supervision. The court may increase
	317	+	10.25the period of confinement for a sentence that was ordered to be served consecutively to the
	318	+	10.26vacated conviction based on a change in the appropriate criminal history score provided the
	319	+	10.27court does not increase the petitioner's total period of confinement. A person resentenced
	320	+	10.28under this paragraph is entitled to credit for time served in connection with the vacated
	321	+	10.29offense.
	322	+	10.30 (h) Relief granted under this section shall not be treated as an exoneration for purposes
	323	+	10.31of the Incarceration and Exoneration Remedies Act.
	324	+	10.32 EFFECTIVE DATE.This section is effective August 1, 2025.
324	325		10Sec. 7.
325		-	~~S0206-1 1st Engrossment~~~~SF206~~ REVISOR KLL
	326	+	25-00816 as introduced12/18/24 REVISOR KLL/KR