Judge required to inquire whether victim has been notified of plea and sentencing hearings, victim protected from identification in prosecutor's petition for sentence adjustment, victim notification of defendant eligibility for automatic expungement expanded, and other crime victim provisions modified.

A bill for an act

relating to public safety; requiring judge to inquire whether victim has been notified

of plea and sentencing hearings; protecting victim from identification in prosecutor's

petition for sentence adjustment; expanding victim notification of defendant

eligibility for automatic expungement; protecting identity of minor victim in a

crime involving sexual performance; expanding protection from employer

retaliation to victims of stalking; amending Minnesota Statutes 2024, sections

609.133, subdivision 4; 609.3471; 611A.03, subdivision 1, by adding a subdivision;

611A.036, subdivision 7; 611A.038; 611A.039, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 609.133, subdivision 4, is amended to read:

Subd. 4.

Petition; contents; fee.

(a) A prosecutor's petition for sentence adjustment

shall be filed in the district court where the individual was convicted and include the

following:

(1) the full name of the individual on whose behalf the petition is being brought and, to

the extent possible, all other legal names or aliases by which the individual has been known

at any time;

(2) the individual's date of birth;

(3) the individual's address;

(4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for

the individual;

(5) the details of the offense for which an adjustment is sought, including:

(i) the date and jurisdiction of the occurrence;

(ii)
deleted text begin
either the names of any victims or that there were no
deleted text end

new text begin
the number of
new text end
identifiable

victims;

(iii) whether there is a current order for protection, restraining order, or other no contact

order prohibiting the individual from contacting the victims or whether there has ever been

a prior order for protection or restraining order prohibiting the individual from contacting

the victims;

(iv) the court file number; and

(v) the date of conviction;

(6) what steps the individual has taken since the time of the offense toward personal

rehabilitation, including treatment, work, good conduct within correctional facilities, or

other personal history that demonstrates rehabilitation;

(7) the individual's criminal conviction record indicating all convictions for

misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable

convictions in any other state, federal court, or foreign country, whether the convictions

occurred before or after the conviction for which an adjustment is sought;

(8) the individual's criminal charges record indicating all prior and pending criminal

charges against the individual in this state or another jurisdiction, including all criminal

charges that have been continued for dismissal, stayed for adjudication, or were the subject

of pretrial diversion; and

(9) to the extent known, all prior requests by the individual, whether for the present

offense or for any other offenses in this state or any other state or federal court, for pardon,

return of arrest records, or expungement or sealing of a criminal record, whether granted

or not, and all stays of adjudication or imposition of sentence involving the petitioner.

(b) The filing fee for a petition brought under this section shall be waived.

(c) Notwithstanding chapter 13 or any other statute related to the classification of

government data, a supervising agent or the commissioner of corrections may provide private

or confidential data to a prosecutor for purposes of a petition for sentence adjustment.

Sec. 2.

Minnesota Statutes 2024, section 609.3471, is amended to read:

609.3471 RECORDS PERTAINING TO VICTIM IDENTITY CONFIDENTIAL.

Notwithstanding any provision of law to the contrary, no data contained in records or

reports relating to petitions, complaints, or indictments issued pursuant to section
609.322
,

609.342
,
609.343
,
609.344
,
609.345
,
609.3453
,
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or
deleted text end

609.3458
new text begin
, or 617.246
new text end
, which specifically

identifies a victim who is a minor shall be accessible to the public, except by order of the

court. Nothing in this section authorizes denial of access to any other data contained in the

records or reports, including the identity of the defendant.

Sec. 3.

Minnesota Statutes 2024, section 611A.03, subdivision 1, is amended to read:

Subdivision 1.

Plea agreements; notification of victim.

Prior to the entry of the factual

basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall

make a reasonable and good faith effort to inform the victim of:

(1) the contents of the plea agreement recommendation, including the amount of time

recommended for the defendant to serve in jail or prison if the court accepts the agreement;

(2) the right to be present at the sentencing hearing
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and
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, to be present
new text end
at the hearing

during which the plea is presented to the court
new text begin
,
new text end
and to express
new text begin
at the plea hearing
new text end
orally or

in writing, at the victim's option, any objection to the agreement or to the proposed

disposition. If the victim is not present when the court considers the recommendation, but

has communicated objections to the prosecuting attorney, the prosecuting attorney shall

make these objections known to the court; and

(3) the eligibility
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of the offense
deleted text end
for automatic expungement pursuant to section
609A.015
new text begin

of any offense pleaded to or dismissed as part of the plea agreement
new text end
.

Sec. 4.

Minnesota Statutes 2024, section 611A.03, is amended by adding a subdivision to

read:

new text begin

Subd. 4.

new text end

new text begin

Plea hearing.

new text end

new text begin

At the hearing during which the plea is presented to the court,

the court shall ask the prosecutor if the victim has been notified of the plea agreement

recommendation pursuant to this section; has been notified of the plea hearing; and if the

victim wishes to express their objections to the plea agreement orally, in writing, or through

the prosecutor.

new text end

Sec. 5.

Minnesota Statutes 2024, section 611A.036, subdivision 7, is amended to read:

Subd. 7.

Definition.

As used in this section, "violent crime" means a violation or attempt

to violate any of the following: section
609.185
(murder in the first degree);
609.19
(murder

in the second degree);
609.195
(murder in the third degree);
609.20
(manslaughter in the

first degree);
609.205
(manslaughter in the second degree);
609.2112
,
609.2113
, or
609.2114

(criminal vehicular homicide or injury);
609.221
(assault in the first degree);
609.222
(assault

in the second degree);
609.223
(assault in the third degree);
609.2231
(assault in the fourth

degree);
609.2241
(knowing transfer of communicable disease);
609.2242
(domestic assault);

609.2245
(female genital mutilation);
609.2247
(domestic assault by strangulation);
609.228

(great bodily harm caused by distribution of drugs);
609.23
(mistreatment of persons

confined);
609.231
(mistreatment of residents or patients);
609.2325
(criminal abuse);

609.233
(criminal neglect);
609.235
(use of drugs to injure or facilitate crime);
609.24

(simple robbery);
609.245
(aggravated robbery);
609.247
(carjacking);
609.25
(kidnapping);

609.255
(false imprisonment);
609.265
(abduction);
609.2661
(murder of an unborn child

in the first degree);
609.2662
(murder of an unborn child in the second degree);
609.2663

(murder of an unborn child in the third degree);
609.2664
(manslaughter of an unborn child

in the first degree);
609.2665
(manslaughter of an unborn child in the second degree);

609.267
(assault of an unborn child in the first degree);
609.2671
(assault of an unborn child

in the second degree);
609.2672
(assault of an unborn child in the third degree);
609.268

(injury or death of an unborn child in commission of a crime);
609.282
(labor trafficking);

609.322
(solicitation, inducement, and promotion of prostitution; sex trafficking);
609.342

(criminal sexual conduct in the first degree);
609.343
(criminal sexual conduct in the second

degree);
609.344
(criminal sexual conduct in the third degree);
609.345
(criminal sexual

conduct in the fourth degree);
609.3451
(criminal sexual conduct in the fifth degree);

609.3453
(criminal sexual predatory conduct);
609.3458
(sexual extortion);
609.352

(solicitation of children to engage in sexual conduct);
609.377
(malicious punishment of a

child);
609.378
(neglect or endangerment of a child);
609.561, subdivision 1
(arson in the

first degree; dwelling);
609.582, subdivision 1
, paragraph (a) or (c) (burglary in the first

degree; occupied dwelling or involving an assault);
609.66, subdivision 1e
, paragraph (b)

(drive-by shooting; firing at or toward a person, or an occupied building or motor vehicle);
deleted text begin

or
deleted text end

609.749, subdivision 2
(harassment);
new text begin
or 609.749, subdivision 5 (stalking);
new text end
or Minnesota

Statutes 2012, section 609.21.

Sec. 6.

Minnesota Statutes 2024, section 611A.038, is amended to read:

611A.038 RIGHT TO SUBMIT STATEMENT AT SENTENCING.

(a) A victim has the right to submit an impact statement to the court at the time of

sentencing or disposition hearing. The impact statement may be presented to the court orally

or in writing, at the victim's option. If the victim requests, the prosecutor
new text begin
or the prosecutor's

designee
new text end
must orally present the statement to the court. Statements may include the following,

subject to reasonable limitations as to time and length:

(1) a summary of the harm or trauma suffered by the victim as a result of the crime;

(2) a summary of the economic loss or damage suffered by the victim as a result of the

crime; and

(3) a victim's reaction to the proposed sentence or disposition.

new text begin

(b) At the sentencing or disposition hearing, the court shall ask the prosecutor if the

victim has been notified of the hearing, if the victim is in court, and if the victim wishes to

submit a victim impact statement orally, in writing, or through the prosecutor or the

prosecutor's designee.

new text end

deleted text begin

(b)
deleted text end
new text begin
(c)
new text end
A representative of the community affected by the crime may submit an impact

statement in the same manner that a victim may as provided in paragraph (a). This impact

statement shall describe the adverse social or economic effects the offense has had on persons

residing and businesses operating in the community where the offense occurred.

deleted text begin

(c)
deleted text end
new text begin
(d)
new text end
If the court permits the defendant or anyone speaking on the defendant's behalf

to present a statement to the court, the court shall limit the response to factual issues which

are relevant to sentencing.

deleted text begin

(d)
deleted text end
new text begin
(e)
new text end
Nothing in this section shall be construed to extend the defendant's right to address

the court under section
631.20
.

Sec. 7.

Minnesota Statutes 2024, section 611A.039, subdivision 1, is amended to read:

Subdivision 1.

Notice required.

(a) Except as otherwise provided in subdivision 2,

within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which

there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts

to provide to each affected crime victim oral or written notice of the final disposition of the

case
deleted text begin
and
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new text begin
,
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of the victim rights under section
611A.06
new text begin
, and of the eligibility of the offense

for automatic expungement under section 609A.015 of any offense that was dismissed or

for which the defendant was convicted or acquitted
new text end
. When the court is considering modifying

the sentence for a felony or a crime of violence or an attempted crime of violence, the

prosecutor shall make a reasonable and good faith effort to notify the victim of the crime.

The notice must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person to contact for additional information;

and

(4) a statement that the victim may provide input to the court concerning the sentence

modification.

(b) The Office of Justice Programs in the Department of Public Safety shall develop and

update a model notice of postconviction rights under this subdivision and section
611A.06
.

(c) As used in this section:

(1) "crime of violence" has the meaning given in section
624.712, subdivision 5
, and

also includes violations of section
609.3458
, gross misdemeanor violations of section

609.224
, and nonfelony violations of sections
518B.01
,
609.2231
,
609.3451
,
609.748
, and

609.749
; and

(2) "victim" has the meaning given in section
611A.01
, paragraph (b).