HF2976

HF2976 (Legislative Session 94 (2025-2026))

Mitigated departures provided for certain offenders who have been victims, presentence investigation reports required to include certain information, certain offenders who have been victims allowed to apply for a pardon or for clemency, and Minnesota Sentencing Guidelines Commission directed to include an additional mitigating factor.

Related bill: SF3002

AI Generated Summary

Purpose of the Bill

The purpose of the bill is to provide certain legal adjustments and considerations for offenders who have been victims of domestic abuse, sexual assault, or sex trafficking. It aims to offer pathways for mitigated sentencing and the possibility of clemency or a pardon under specific circumstances, emphasizing a more nuanced approach to sentencing for affected individuals.

Main Provisions

Mitigated Sentencing Departures: The bill allows courts to consider reduced sentences (mitigated departures) for offenders who have been victims of domestic abuse, sexual assault, or sex trafficking if these experiences contributed to the commission of their offenses.
Presentence Investigation Reports: These reports must include information about any victimization due to domestic abuse, sexual assault, or sex trafficking, which could influence the court's sentencing decisions.
Confidentiality of Records: Courts may keep certain records confidential when assessing whether a person's victimization should affect sentencing, ensuring sensitive information remains private.
Probation and Support Services: When sentencing eligible offenders to probation, the court may require participation in support services or treatment programs that address trauma and mental health issues related to their victimization.
Clemency and Pardons: Victimized offenders may apply for clemency or a pardon, supporting a potential reduction in legal penalties due to the context of their offenses.

Significant Changes to Existing Law

Introduction of Mitigating Factors: The Minnesota Sentencing Guidelines will incorporate victim status due to domestic abuse, sexual assault, or sex trafficking as a mitigating factor, potentially altering standard sentencing practices.
Enhanced Victim Support Measures: The bill proposes a formal integration of supportive services in sentencing for victims, marking a shift toward rehabilitation and addressing root causes of criminal behavior.

Relevant Terms

Domestic abuse
Sexual assault
Sex trafficking
Mitigated departure
Sentencing Guidelines
Clemency
Pardon
Probation
Supportive services

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
March 31, 2025	House	Floor	Action	Introduction and first reading, referred to	Public Safety Finance and Policy

Citations

[
  {
    "analysis": {
      "added": [
        "Requirement for presentence investigation reports to include information about victim experiences of domestic abuse or sexual assault."
      ],
      "removed": [],
      "summary": "This amendment concerns the inclusion of certain information in presentence investigation reports under section 609.115, subdivision 1.",
      "modified": []
    },
    "citation": "609.115",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "Inclusion of victim status as a mitigating factor for sentencing."
      ],
      "removed": [],
      "summary": "This amendment involves allowing for mitigated departures for certain offenders under section 609.133, subdivision 7.",
      "modified": []
    },
    "citation": "609.133",
    "subdivision": "subdivision 7"
  },
  {
    "analysis": {
      "added": [
        "Victim experience as a factor in clemency applications."
      ],
      "removed": [],
      "summary": "This section's amendment allows certain victims to apply for clemency under section 638.12, subdivision 2.",
      "modified": []
    },
    "citation": "638.12",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        "Inclusion of victim status in pardon considerations."
      ],
      "removed": [],
      "summary": "This amendment impacts the process by which offenders may apply for a pardon under section 638.15, subdivision 1.",
      "modified": []
    },
    "citation": "638.15",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "Eligibility criteria adjustment for victims."
      ],
      "removed": [],
      "summary": "This amendment adjusts the application process for pardons under section 638.19, subdivision 1.",
      "modified": []
    },
    "citation": "638.19",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "Clarification of 'domestic abuse' definition as it applies to victim status."
      ],
      "removed": [],
      "summary": "This section defines 'domestic abuse' for purposes of the act under section 518B.01, subdivision 2.",
      "modified": []
    },
    "citation": "518B.01",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        "Clarification of 'sex trafficking' definition for usage in mitigation."
      ],
      "removed": [],
      "summary": "This section defines 'sex trafficking' under section 609.321, subdivision 7a.",
      "modified": []
    },
    "citation": "609.321",
    "subdivision": "subdivision 7a"
  }
]