Bill Text: MN HF2386 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Conviction relief petition filing and notice to offender for restitution modified.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-05-14 - Secretary of State Chapter 245 05/13/14 [HF2386 Detail]
Download: Minnesota-2013-HF2386-Engrossed.html
1.2relating to judiciary; modifying filing of petition for relief from conviction;
1.3modifying notice to offender for restitution;amending Minnesota Statutes 2012,
1.4sections 590.02, subdivision 3; 611A.045, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 590.02, subdivision 3, is amended to read:
1.7 Subd. 3. Filing. When a petition is filed pursuant to section590.01 it shall be filed
1.8with an original and three copies, each verified signed by the petitioner or signed by the
1.9petitioner's attorney with proof of service on the attorney general and county attorney.
1.10It shall be addressed to the district court of the judicial district in the county where the
1.11conviction took place.
1.12In those cases in which the petitioner is represented by counsel or in which the
1.13petitioner has filed a written waiver of right to counsel, the court administrator of the district
1.14courtshall deliver a copy of the petition to the county attorney and to the attorney general
1.15and shall immediately direct attention of the filing thereof to the chief judge or judge acting
1.16in the chief judge's behalf who shall promptly assign the matter to a judge in said district.
1.17 Sec. 2. Minnesota Statutes 2012, section 611A.045, subdivision 3, is amended to read:
1.18 Subd. 3. Dispute; evidentiary burden; procedures. (a) At the sentencing,
1.19dispositional hearing, or hearing on the restitution request, the offender shall have the
1.20burden to produce evidence if the offender intends to challenge the amount of restitution
1.21or specific items of restitution or their dollar amounts. This burden of production must
1.22include a detailed sworn affidavit of the offender setting forth all challenges to the
1.23restitution or items of restitution, and specifying all reasons justifying dollar amounts of
2.1restitution which differ from the amounts requested by the victim or victims. The affidavit
2.2must be served on the prosecuting attorney and the court at least five business days before
2.3the hearing. A dispute as to the proper amount or type of restitution must be resolved
2.4by the court by the preponderance of the evidence. The burden of demonstrating the
2.5amount of loss sustained by a victim as a result of the offense and the appropriateness of a
2.6particular type of restitution is on the prosecution.
2.7(b) An offender may challenge restitution, but must do so by requesting a hearing
2.8within 30 days of receiving written notification of the amount of restitution requested,
2.9or within 30 days of sentencing, whichever is later.Notice to the offender's attorney is
2.10deemed notice to the offender. The hearing request must be made in writing and filed
2.11with the court administrator. A defendant may not challenge restitution after the 30-day
2.12time period has passed.
1.3modifying notice to offender for restitution;amending Minnesota Statutes 2012,
1.4sections 590.02, subdivision 3; 611A.045, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 590.02, subdivision 3, is amended to read:
1.7 Subd. 3. Filing. When a petition is filed pursuant to section
1.8
1.9petitioner's attorney with proof of service on the attorney general and county attorney.
1.10It shall be addressed to the district court of the judicial district in the county where the
1.11conviction took place.
1.12In those cases in which the petitioner is represented by counsel or in which the
1.13petitioner has filed a written waiver of right to counsel, the court administrator of the district
1.14court
1.15
1.16in the chief judge's behalf who shall promptly assign the matter to a judge in said district.
1.17 Sec. 2. Minnesota Statutes 2012, section 611A.045, subdivision 3, is amended to read:
1.18 Subd. 3. Dispute; evidentiary burden; procedures. (a) At the sentencing,
1.19dispositional hearing, or hearing on the restitution request, the offender shall have the
1.20burden to produce evidence if the offender intends to challenge the amount of restitution
1.21or specific items of restitution or their dollar amounts. This burden of production must
1.22include a detailed sworn affidavit of the offender setting forth all challenges to the
1.23restitution or items of restitution, and specifying all reasons justifying dollar amounts of
2.1restitution which differ from the amounts requested by the victim or victims. The affidavit
2.2must be served on the prosecuting attorney and the court at least five business days before
2.3the hearing. A dispute as to the proper amount or type of restitution must be resolved
2.4by the court by the preponderance of the evidence. The burden of demonstrating the
2.5amount of loss sustained by a victim as a result of the offense and the appropriateness of a
2.6particular type of restitution is on the prosecution.
2.7(b) An offender may challenge restitution, but must do so by requesting a hearing
2.8within 30 days of receiving written notification of the amount of restitution requested,
2.9or within 30 days of sentencing, whichever is later.
2.10
2.11with the court administrator. A defendant may not challenge restitution after the 30-day
2.12time period has passed.
