| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; authorizing payment of preliminary monetary damages |
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| 3 | 3 | | 1.3 to certain exonerated individuals; establishing the exoneration compensation |
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| 4 | 4 | | 1.4 account in the special revenue fund; appropriating money; amending Minnesota |
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| 5 | 5 | | 1.5 Statutes 2024, sections 590.11, subdivision 3; 611.365, subdivision 4, by adding |
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| 6 | 6 | | 1.6 a subdivision; proposing coding for new law in Minnesota Statutes, chapter 611. |
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| 7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 590.11, subdivision 3, is amended to read: |
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| 9 | 9 | | 1.9 Subd. 3.Compensation based on exoneration in the interests of justice.(a) An |
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| 10 | 10 | | 1.10individual who is exonerated is eligible for compensation in the interests of justice, if the |
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| 11 | 11 | | 1.11prosecutor, (1) within 60 days of filing the petition, joins the petition and indicates that it |
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| 12 | 12 | | 1.12is likely that the original complaint or indictment would not have been filed or sought or |
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| 13 | 13 | | 1.13would have been dismissed with the knowledge of all of the circumstances, or (2) after the |
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| 14 | 14 | | 1.14individual is exonerated but prior to the filing of the petition, indicates that the prosecutor |
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| 15 | 15 | | 1.15will join the petition and that it is likely that the original complaint or indictment would not |
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| 16 | 16 | | 1.16have been filed or sought or would have been dismissed with the knowledge of all of the |
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| 17 | 17 | | 1.17circumstances. Joinder and agreement to compensation based on the interests of justice by |
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| 18 | 18 | | 1.18the prosecutor shall conclusively establish eligibility for compensation precluding any |
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| 19 | 19 | | 1.19further proceedings under paragraph (b). Upon receipt of prosecutor's joinder and agreement, |
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| 20 | 20 | | 1.20the court shall issue an order as described in subdivision 7, granting petitioner's eligibility |
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| 21 | 21 | | 1.21for compensation under this subdivision. |
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| 22 | 22 | | 1.22 (b) If the prosecutor does not join and agree as provided under paragraph (a), the court |
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| 23 | 23 | | 1.23shall determine if an individual who is exonerated is eligible for compensation based on |
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| 24 | 24 | | 1.24the establishment of innocence if the petitioner establishes that a crime was not committed |
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| 25 | 25 | | 1Section 1. |
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| 26 | 26 | | 25-05191 as introduced03/25/25 REVISOR KLL/AC |
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| 27 | 27 | | SENATE |
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| 28 | 28 | | STATE OF MINNESOTA |
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| 29 | 29 | | S.F. No. 3376NINETY-FOURTH SESSION |
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| 30 | 30 | | (SENATE AUTHORS: LATZ) |
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| 31 | 31 | | OFFICIAL STATUSD-PGDATE |
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| 32 | 32 | | Introduction and first reading04/10/2025 |
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| 33 | 33 | | Referred to Judiciary and Public Safety 2.1or that the crime was not committed by the petitioner. The petitioner's burden of proof and |
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| 34 | 34 | | 2.2the procedures set forth in section 590.04, subdivision 3, apply to this proceeding. |
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| 35 | 35 | | 2.3 Sec. 2. Minnesota Statutes 2024, section 611.365, subdivision 4, is amended to read: |
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| 36 | 36 | | 2.4 Subd. 4.Notice and acceptance of award.A claimant who is awarded damages under |
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| 37 | 37 | | 2.5this section must be provided with a written notice of the award, which must include an |
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| 38 | 38 | | 2.6itemization of the total damage award calculation. A claimant's acceptance of an award, |
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| 39 | 39 | | 2.7compromise, or settlement must be in writing and is final and conclusive on the claimant. |
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| 40 | 40 | | 2.8This subdivision does not apply to a payment of preliminary monetary damages pursuant |
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| 41 | 41 | | 2.9to subdivision 8. |
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| 42 | 42 | | 2.10 Sec. 3. Minnesota Statutes 2024, section 611.365, is amended by adding a subdivision to |
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| 43 | 43 | | 2.11read: |
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| 44 | 44 | | 2.12 Subd. 8.Preliminary monetary damages.If, pursuant to section 590.11, subdivision |
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| 45 | 45 | | 2.133, paragraph (a), the prosecutor indicates prior to the filing of the petition that the prosecutor |
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| 46 | 46 | | 2.14will join the petition, the claimant is entitled to a prompt payment of preliminary monetary |
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| 47 | 47 | | 2.15damages to be paid out from the exoneration compensation account in the special revenue |
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| 48 | 48 | | 2.16fund. The amount of preliminary monetary damages is equal to $5,000 for each year of |
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| 49 | 49 | | 2.17incarceration and $2,500 for each year served on supervised release or as a registered |
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| 50 | 50 | | 2.18predatory offender. Preliminary monetary damages must be prorated for partial years served. |
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| 51 | 51 | | 2.19Final damages awarded under this section must be reduced by the amount of preliminary |
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| 52 | 52 | | 2.20monetary damages paid. |
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| 53 | 53 | | 2.21 Sec. 4. [611.3677] EXONERATION COMPENSATION ACCOUNT. |
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| 54 | 54 | | 2.22 Subdivision 1.Establishment.An exoneration compensation account is created in the |
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| 55 | 55 | | 2.23special revenue fund in the state treasury. Money in the exoneration compensation account |
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| 56 | 56 | | 2.24is appropriated to the commissioner of public safety for payment of preliminary monetary |
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| 57 | 57 | | 2.25damages awards pursuant to section 611.365, subdivision 8. |
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| 58 | 58 | | 2.26 Subd. 2.Transfer.$250,000 in fiscal year 2026 is transferred from the general fund to |
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| 59 | 59 | | 2.27the exoneration compensation account. Upon payment of preliminary monetary damages |
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| 60 | 60 | | 2.28awards pursuant to section 611.365, subdivision 8, an amount equal to the payment shall |
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| 61 | 61 | | 2.29be transferred from the general fund to the exoneration compensation account to maintain |
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| 62 | 62 | | 2.30a balance of $250,000. |
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| 63 | 63 | | 2Sec. 4. |
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| 64 | 64 | | 25-05191 as introduced03/25/25 REVISOR KLL/AC |
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