1.1 A bill for an act
1.2 relating to public safety; modifying certain criminal felony murder and aiding and
1.3 abetting murder provisions; authorizing retroactive relief for certain aiding and
1.4 abetting murder convictions; reviving task force on aiding and abetting felony
1.5 murder; requiring a report; amending Minnesota Statutes 2024, sections 609.05,
1.6 subdivision 2a; 609.185; 609.19, subdivisions 1, 2, by adding a subdivision.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 609.05, subdivision 2a, is amended to read:
1.9 Subd. 2a.Exception.(a) A person may not be held criminally liable for a violation of
1.10section 609.185, paragraph (a), clause (3), for a death caused by another unless the person
1.11intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
1.12other with the intent to cause the death of a human being.
1.13 (b) A person may not be held criminally liable for a violation of section 609.185,
1.14paragraph (a), clause (1), for a death of a human being caused by another unless the person
1.15intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
1.16other with premeditation and with intent to cause the death of a human being.
1.17 (c) A person may not be held criminally liable for a violation of section 609.19,
1.18subdivision 1, for a death of a human being caused by another unless the person intentionally
1.19aided, advised, hired, counseled, or conspired with or otherwise procured the other with the
1.20intent to cause the death of a human being.
1.21 (b) (d) A person may not be held criminally liable for a violation of section 609.19,
1.22subdivision 2, clause (1), for a death caused by another unless the person was a major
1.23participant in the underlying felony and acted with extreme indifference to human life.
1Section 1.
S0206-1 1st EngrossmentSF206 REVISOR KLL
SENATE
STATE OF MINNESOTA
S.F. No. 206NINETY-FOURTH SESSION
(SENATE AUTHORS: OUMOU VERBETEN)
OFFICIAL STATUSD-PGDATE
Introduction and first reading9201/16/2025
Referred to Judiciary and Public Safety
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:
2.2 (1) used a deadly weapon during the commission of the underlying felony or provided
2.3a deadly weapon to another participant where it was reasonably foreseeable that the weapon
2.4would be used in the underlying felony;
2.5 (2) caused substantial bodily harm to another during the commission of the underlying
2.6felony;
2.7 (3) coerced or hired a participant to undertake actions in furtherance of the underlying
2.8felony that proximately caused the death, and where it was reasonably foreseeable that such
2.9actions would cause death or great bodily harm; or
2.10 (4) impeded another person from preventing the death either by physical action or by
2.11threat of physical action where it was reasonably foreseeable that death or great bodily harm
2.12would result.
2.13 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
2.14committed on or after that date.
2.15 Sec. 2. Minnesota Statutes 2024, section 609.185, is amended to read:
2.16 609.185 MURDER IN THE FIRST DEGREE.
2.17 (a) Whoever does any of the following is guilty of murder in the first degree and shall
2.18be sentenced to imprisonment for life:
2.19 (1) causes the death of a human being with premeditation and with intent to effect the
2.20death of the person or of another;
2.21 (2) causes the death of a human being while committing or attempting to commit criminal
2.22sexual conduct in the first or second degree with force or violence, either upon or affecting
2.23the person or another;
2.24 (3) causes the death of a human being with intent to effect the death of the person or
2.25another, while committing or attempting to commit a felony-level violation of any of the
2.26following offenses: burglary, aggravated robbery, carjacking in the first or second degree,
2.27kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness
2.28in the first degree, escape from custody, or any felony a felony-level violation of chapter
2.29152 involving the unlawful sale of a controlled substance;
2.30 (4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed
2.31at a Minnesota state or local correctional facility, with intent to effect the death of that person
2.32or another, while the person is engaged in the performance of official duties;
2Sec. 2.
S0206-1 1st EngrossmentSF206 REVISOR KLL 3.1 (5) causes the death of a minor while committing child abuse, when the perpetrator has
3.2engaged in a past pattern of child abuse upon a child and the death occurs under
3.3circumstances manifesting an extreme indifference to human life;
3.4 (6) causes the death of a human being while committing domestic abuse, when the
3.5perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another
3.6family or household member and the death occurs under circumstances manifesting an
3.7extreme indifference to human life; or
3.8 (7) causes the death of a human being while committing, conspiring to commit, or
3.9attempting to commit a felony crime to further terrorism and the death occurs under
3.10circumstances manifesting an extreme indifference to human life.
3.11 (b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning
3.12given in section 609.221, subdivision 6, clause (4).
3.13 (c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section
3.14609.221, subdivision 6, clause (5).
3.15 (d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed
3.16against a minor victim that constitutes a violation of the following laws of this state or any
3.17similar laws of the United States or any other state: section 609.221; 609.222; 609.223;
3.18609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.
3.19 (e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:
3.20 (1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
3.21609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
3.22any other state; and
3.23 (2) is committed against the victim who is a family or household member as defined in
3.24section 518B.01, subdivision 2, paragraph (b).
3.25 (f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given
3.26in section 609.714, subdivision 1.
3.27 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
3.28committed on or after that date.
3.29 Sec. 3. Minnesota Statutes 2024, section 609.19, subdivision 1, is amended to read:
3.30 Subdivision 1.Intentional murder; drive-by shootings.Whoever does either of the
3.31following causes the death of a human being with intent to effect the death of that person
3Sec. 3.
S0206-1 1st EngrossmentSF206 REVISOR KLL 4.1or another, but without premeditation, is guilty of murder in the second degree and may be
4.2sentenced to imprisonment for not more than 40 years:.
4.3 (1) causes the death of a human being with intent to effect the death of that person or
4.4another, but without premeditation; or
4.5 (2) causes the death of a human being while committing or attempting to commit a
4.6drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other
4.7than those described in section 609.185, paragraph (a), clause (3).
4.8 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
4.9committed on or after that date.
4.10 Sec. 4. Minnesota Statutes 2024, section 609.19, subdivision 2, is amended to read:
4.11 Subd. 2.Unintentional murders.Whoever does either of the following is guilty of
4.12unintentional murder in the second degree and may be sentenced to imprisonment for not
4.13more than 40 years:
4.14 (1) causes the death of a human being, without intent to effect the death of any person,
4.15while committing or attempting to commit a felony offense other than criminal sexual
4.16conduct in the first or second degree with force or violence or a drive-by shooting a
4.17felony-level violation of any of the following offenses: burglary, aggravated robbery,
4.18carjacking in the first or second degree, kidnapping, arson in the first or second degree,
4.19drive-by shooting, tampering with a witness in the first degree, escape from custody,
4.20malicious punishment of a child, domestic assault, domestic assault by strangulation, a
4.21crime to further terrorism, or a felony-level violation of chapter 152 involving the unlawful
4.22sale of a controlled substance; or
4.23 (2) causes the death of a human being without intent to effect the death of any person,
4.24while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the
4.25perpetrator is restrained under an order for protection and the victim is a person designated
4.26to receive protection under the order. As used in this clause, "order for protection" includes
4.27an order for protection issued under chapter 518B; a harassment restraining order issued
4.28under section 609.748; a court order setting conditions of pretrial release or conditions of
4.29a criminal sentence or juvenile court disposition; a restraining order issued in a marriage
4.30dissolution action; and any order issued by a court of another state or of the United States
4.31that is similar to any of these orders.
4.32 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
4.33committed on or after that date.
4Sec. 4.
S0206-1 1st EngrossmentSF206 REVISOR KLL 5.1 Sec. 5. Minnesota Statutes 2024, section 609.19, is amended by adding a subdivision to
5.2read:
5.3 Subd. 3.Exception.A person shall not be held liable for a violation of subdivision 2,
5.4clause (1), unless their acts present a special danger to human life based on the circumstances
5.5under which the predicate felony was committed.
5.6 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
5.7committed on or after that date.
5.8 Sec. 6. TASK FORCE ON AIDING AND ABETTING FELONY MURDER.
5.9 (a) Laws 2021, First Special Session chapter 11, article 2, section 53, subdivisions 2 to
5.105, are revived and reenacted on the effective date of this section to expand the focus of the
5.11task force's duties and work on felony murder, aiding and abetting liability generally, and
5.12other implicated issues pursuant to recommendation number six in the February 14, 2024,
5.13task force on aiding and abetting felony murder report to the Minnesota legislature.
5.14 (b) On or before February 1, 2027, the task force shall submit a report to the chairs and
5.15ranking minority members of the legislative committees and divisions with jurisdiction over
5.16crime and sentencing on the findings and recommendations of the task force.
5.17 (c) The task force expires February 2, 2027, or the day after submitting its report under
5.18paragraph (b), whichever is earlier.
5.19 EFFECTIVE DATE.This section is effective August 1, 2025.
5.20 Sec. 7. LIABILITY FOR MURDER COMMITTED BY ANOTHER; RETROACTIVE
5.21APPLICATION.
5.22 Subdivision 1.Purpose.Any person convicted of a violation of Minnesota Statutes,
5.23section 609.185, paragraph (a), clause (1), under the theory of liability for crimes of another
5.24and who is in the custody of the commissioner of corrections or under court supervision is
5.25entitled to petition to have the person's conviction vacated pursuant to this section.
5.26 Subd. 2.Notification.(a) By September 1, 2026, the commissioner of corrections shall
5.27notify individuals convicted of a violation of Minnesota Statutes, section 609.185, paragraph
5.28(a), clause (1), of the right to file a preliminary application for relief if the person was
5.29convicted of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (1),
5.30and the person:
5.31 (1) did not cause the death of a human being; and
5Sec. 7.
S0206-1 1st EngrossmentSF206 REVISOR KLL 6.1 (2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
6.2another with premeditation or the intent to cause the death of a human being.
6.3 (b) The notice shall include the address of the court administration of the judicial district
6.4of conviction.
6.5 (c) The commissioner of corrections may coordinate with the judicial branch to establish
6.6a standardized notification form.
6.7 Subd. 3.Preliminary application.(a) An applicant shall submit a preliminary application
6.8to the court administration of the judicial district in which the conviction took place. The
6.9preliminary application must contain:
6.10 (1) the applicant's name and, if different, the name under which the person was convicted;
6.11 (2) the applicant's date of birth;
6.12 (3) the district court case number of the case for which the person is seeking relief;
6.13 (4) a statement as to whether the applicant was convicted following a trial or pursuant
6.14to a plea;
6.15 (5) a statement as to whether the person filed a direct appeal from the conviction, a
6.16petition for postconviction relief, or both;
6.17 (6) a brief statement, not to exceed 3,000 words, explaining why the applicant is entitled
6.18to relief under this section from a conviction for the death of a human being caused by
6.19another; and
6.20 (7) the name and address of any attorney representing the applicant.
6.21 (b) The preliminary application may contain:
6.22 (1) the name, date of birth, and district court case number of any other person charged
6.23with, or convicted of, a crime arising from the same set of circumstances for which the
6.24applicant was convicted; and
6.25 (2) a copy of a criminal complaint or indictment, or the relevant portions of a presentence
6.26investigation or life imprisonment report, describing the facts of the case for which the
6.27applicant was convicted.
6.28 (c) The judicial branch may establish a standardized preliminary application form, but
6.29shall not reject a preliminary application for failure to use a standardized form.
6.30 (d) Any person seeking relief under this section must submit a preliminary application
6.31no later than October 1, 2027. Submission is complete upon mailing.
6Sec. 7.
S0206-1 1st EngrossmentSF206 REVISOR KLL 7.1 (e) Submission of a preliminary application shall be without costs or any fees charged
7.2to the applicant.
7.3 Subd. 4.Review of preliminary application.(a) Upon receipt of a preliminary
7.4application, the chief judge of the judicial district in which the conviction took place shall
7.5promptly assign the matter to a judge in that district.
7.6 (b) Within 90 days of receiving the preliminary application, the reviewing judge shall
7.7determine whether, in the discretion of that judge, there is a reasonable probability that the
7.8application is entitled to relief under this section.
7.9 (c) In making the determination under paragraph (b), the reviewing judge shall consider
7.10the preliminary application and any materials submitted with the preliminary application
7.11and may consider relevant records in the possession of the judicial branch.
7.12 (d) The court may summarily deny an application when:
7.13 (1) the application does not contain the information required under subdivision 3,
7.14paragraph (a);
7.15 (2) the applicant is not in the custody of the commissioner of corrections or under court
7.16supervision;
7.17 (3) the applicant was not convicted of a violation of Minnesota Statutes, section 609.185,
7.18paragraph (a), clause (1), for crimes committed before August 1, 2025; or
7.19 (4) the issues raised in the application are not relevant to the relief available under this
7.20section or have previously been decided by the court of appeals or the supreme court in the
7.21same case.
7.22 (e) The court may also summarily deny an application if the applicant has filed a second
7.23or successive preliminary application, any prior application was denied for a reason other
7.24than that it did not contain the information required under subdivision 3, paragraph (a), and:
7.25 (1) the reviewing judge previously determined that there was a reasonable probability
7.26that the applicant was entitled to relief, but a court determined that the petitioner did not
7.27qualify for relief under subdivision 6;
7.28 (2) a previous application was submitted by an attorney representing the applicant; or
7.29 (3) the reviewing judge previously determined that there was not a reasonable probability
7.30that the applicant is entitled to relief, the second or successive preliminary application does
7.31not contain any additional information described in subdivision 3, paragraph (b), and the
7Sec. 7.
S0206-1 1st EngrossmentSF206 REVISOR KLL 8.1second or successive preliminary application was submitted by someone other than an
8.2attorney representing the applicant.
8.3 (f) If the reviewing judge determines that there is a reasonable probability that the
8.4applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
8.5attorney, if any, and the prosecutorial office responsible for prosecuting the applicant. In
8.6the event the applicant is without counsel, the reviewing judge shall send notice to the state
8.7public defender and shall advise the applicant of the referral.
8.8 (g) If the reviewing judge determines that there is not a reasonable probability that the
8.9applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
8.10attorney, if any. The notice must contain a brief statement explaining the reasons the
8.11reviewing judge concluded that there is not a reasonable probability that the applicant is
8.12entitled to relief.
8.13 Subd. 5.Petition for relief; hearing.(a) Unless extended for good cause, within 60
8.14days of filing of the notice sent pursuant to subdivision 4, paragraph (f), the individual
8.15seeking relief shall file and serve a petition to vacate the conviction. The petition must be
8.16filed in the district court of the judicial district in the county where the conviction took place
8.17and must contain the information identified in subdivision 3, paragraph (a), and a statement
8.18of why the petitioner is entitled to relief. The petition may contain any other relevant
8.19information, including police reports, trial transcripts, and plea transcripts involving the
8.20petitioner or any other person investigated for, charged with, or convicted of a crime arising
8.21out of the same set of circumstances for which the petitioner was convicted. The filing of
8.22the petition and any document subsequent thereto and all proceedings thereon shall be
8.23without costs or any fees charged to the petitioner.
8.24 (b) Upon filing of the petition, the prosecutor shall make a good faith and reasonable
8.25effort to notify any person determined to be a victim of the underlying offense that a petition
8.26has been filed.
8.27 (c) A county attorney representing the prosecutorial office shall respond to the petition
8.28by answer or motion within 45 days after the filing of the petition pursuant to paragraph (a)
8.29unless extended for good cause. The response shall be filed with the court administrator of
8.30the district court and served on the petitioner if unrepresented or on the petitioner's attorney.
8.31The response may serve notice of the intent to support the petition or include a statement
8.32explaining why the petitioner is not entitled to relief along with any supporting documents.
8.33The filing of the response and any document subsequent thereto and all proceedings thereon
8.34shall be without costs or any fees charged to the county attorney.
8Sec. 7.
S0206-1 1st EngrossmentSF206 REVISOR KLL 9.1 (d) The petitioner may file a reply to the response filed by the county attorney within
9.215 days after the response is filed, unless extended for good cause.
9.3 (e) Within 30 days of the filing of the reply from the petition or, if no reply is filed,
9.4within 30 days of the filing of the response from the county attorney, the court shall:
9.5 (1) issue an order and schedule the matter for sentencing or resentencing pursuant to
9.6subdivision 6 if the county attorney indicates an intent to support the petition;
9.7 (2) issue an order denying the petition if additional information or submissions establish
9.8that there is not a reasonable probability that the applicant is entitled to relief under this
9.9section and include a memorandum identifying the additional information or submissions
9.10and explaining the reasons why the court concluded that there is not a reasonable probability
9.11that the applicant is entitled to relief; or
9.12 (3) schedule the matter for a hearing and issue any appropriate order regarding submission
9.13of evidence or identification of witnesses.
9.14 (f) The hearing shall be held in open court and conducted pursuant to Minnesota Statutes,
9.15section 590.04, except that the petitioner must be present at the hearing, unless excused
9.16under Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3). The prosecutor
9.17shall make a good faith and reasonable effort to notify any person determined to be a victim
9.18of the hearing.
9.19 Subd. 6.Determination; order; resentencing.(a) A petitioner who was convicted of
9.20a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (1), is entitled to
9.21relief if the petitioner shows by a preponderance of the evidence that the petitioner:
9.22 (1) did not cause the death of a human being; and
9.23 (2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
9.24another with premeditation or the intent to cause the death of a human being.
9.25 (b) If the court determines that the petitioner does not qualify for relief, the court shall
9.26issue an order denying the petition. If the court determines that the petitioner is entitled to
9.27relief, the court shall issue an order vacating the conviction for a violation of Minnesota
9.28Statutes, section 609.185, paragraph (a), clause (1), and:
9.29 (1) resentence the petitioner for a remaining offense for which the petitioner was
9.30convicted; or
9.31 (2) enter a conviction and impose a sentence for any lesser included offenses as described
9.32in Minnesota Statutes, section 631.14.
9Sec. 7.
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
10.2offense, the court must hold a hearing to determine the appropriate offense.
10.3 (d) If, pursuant to paragraph (b), the court either resentences a petitioner or imposes a
10.4sentence, the court shall also resentence the petitioner for any other offense if the sentence
10.5was announced by a district court of the same county, the sentence was either ordered to
10.6be served consecutively to the vacated conviction or the criminal history calculation for
10.7that sentence included the vacated sentence, and the changes made pursuant to paragraph
10.8(b) would have resulted in a different criminal history score being used at the time of
10.9sentencing.
10.10 (e) The court shall state in writing or on the record the reasons for its decision on the
10.11petition.
10.12 (f) If the court intends to resentence a petitioner or impose a sentence on a petitioner,
10.13the court must hold the hearing at a time that allows any victim an opportunity to submit a
10.14statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make
10.15a good faith and reasonable effort to notify any person determined to be a victim of the
10.16hearing and the right to submit or make a statement. A sentence imposed under this
10.17subdivision shall not increase the petitioner's total period of confinement or, if the petitioner
10.18was serving a stayed sentence, increase the period of supervision. The court may increase
10.19the period of confinement for a sentence that was ordered to be served consecutively to the
10.20vacated conviction based on a change in the appropriate criminal history score provided the
10.21court does not increase the petitioner's total period of confinement. A person resentenced
10.22under this paragraph is entitled to credit for time served in connection with the vacated
10.23offense.
10.24 (g) Relief granted under this section shall not be treated as an exoneration for purposes
10.25of the Incarceration and Exoneration Remedies Act.
10.26 (h) If the court enters a conviction under this subdivision, the court shall ensure that the
10.27date of the conviction being entered is the same as that of the original conviction.
10.28 EFFECTIVE DATE.This section is effective August 1, 2025.
10Sec. 7.
S0206-1 1st EngrossmentSF206 REVISOR KLL