HF3825

Purpose

• Strengthen and expand crime victims’ rights and protections in Minnesota. The bill aims to ensure victims are informed and can participate in plea negotiations, sentencing, and post-conviction decisions, protect the identity of minor victims in certain records, and broaden what counts as a violent crime for some procedures.

Main Provisions

• Section 1 — Petition for sentence adjustment (609.133, Subd. 4)

  • Prosecutors must file a petition in the district where the conviction occurred and include:
  • The defendant’s full name and any aliases, date of birth, and address.
  • The reason for seeking a sentence adjustment and details of the offense (date, jurisdiction).
  • Names or number of victims, presence of orders (protective/restraining/no-contact), case number, and date of conviction.
  • Steps the defendant has taken toward rehabilitation (treatment, work, good conduct) and a full criminal history, including prior charges and outcomes.
  • Any prior requests by the defendant for pardons, expungement, or similar actions.
  • The filing fee for this petition is waived.
  • Data sharing: supervising agents or the Department of Corrections may provide private or confidential data to the prosecutor for this petition.

• Section 2 — Victim identity confidentiality (609.3471)

  • Data identifying a minor victim in records related to petitions, complaints, or indictments under listed sections must not be publicly accessible, except by court order.
  • This protection does not block access to other data about the defendant.

• Section 3 — Plea agreements notification of victim (611A.03, Subd. 1)

  • Before the factual basis for a plea is entered, prosecutors must reasonably inform the victim about:
  • The contents of the plea agreement and recommended sentence.
  • The victim’s right to be present at the sentencing hearing and at the hearing where the plea is presented, and to object verbally or in writing.
  • If the victim objects but is not present, prosecutors must communicate those objections to the court.
  • The bill also makes the offense’s eligibility for automatic expungement (609A.015) relevant to any offense included in the plea or dismissed as part of the plea.

• Section 4 — Plea hearing requirement (611A.03, adding Subd. 4)

  • At the plea hearing, the court must ask the prosecutor whether the victim has been notified and whether the victim wishes to express objections to the plea or agreement.

• Section 5 — Definition of violent crime (611A.036, Subd. 7)

  • Expands the list of offenses considered “violent crime.” The list includes many serious crimes such as various degrees of murder and manslaughter, high-level assaults, kidnapping, robbery, certain sex offenses, child abuse, trafficking, domestic violence, and related conduct. It also adds offenses like female genital mutilation and labor trafficking to the scope.

• Section 6 — Right to submit statements at sentencing (611A.038)

  • Victims can submit an impact statement to the court at sentencing or disposition, either orally or in writing.
  • The prosecutor or their designee must present the statement if the victim requests.
  • The court can accept victim impact statements and community impact statements describing harms to victims and the community.
  • The court must ask if the victim has been notified of the sentencing and whether the victim wishes to submit an impact statement.
  • The defendant’s right to address the court is not expanded by this section.

• Section 7 — Notice and notices related to post-conviction rights (611A.039, Subd. 1)

  • Within 15 working days after conviction, acquittal, or dismissal in cases with an identifiable crime victim, the prosecutor should provide notice of the final disposition, the victim’s rights, and whether the offense is eligible for automatic expungement (609A.015) if dismissed or if the defendant was convicted/acquitted.
  • When the court considers modifying a sentence for a felony or crime of violence, the prosecutor must notify the victim and provide contact information and an opportunity for input.
  • The Office of Justice Programs must develop and update a model notice of post-conviction rights.
  • Definitions: the bill defines “crime of violence” and clarifies who is considered a “victim.”

Implementation and Roles

• Who is involved:

  • Prosecutors must notify victims, facilitate objections, and share relevant information for petitions and plea processes.
  • Courts must ask about victim notification and allow victim input at plea and sentencing.
  • The Department of Public Safety’s Office of Justice Programs will provide model notices and guidance.
  • Data sharing is allowed between certain state agents to support sentence adjustment petitions.

• Key operational changes:

  • Stronger and more consistent victim notification and participation requirements across plea, sentencing, and post-conviction processes.
  • Confidentiality protections for minor victims’ identities in specific records.
  • Expanded list of offenses considered violent crimes for certain procedures, potentially broadening protections and procedures tied to those offenses.

Potential Impacts

• For victims:

  • Greater involvement in plea and sentencing decisions.
  • Clear rights to be informed, to object, and to submit impact statements.
  • Enhanced privacy protections for minor victims in certain records.
  • clearer notice about final dispositions and expungement eligibility.

• For defendants and the court system:

  • More procedures to verify victim notification and allow victim input.
  • Expanded categories of offenses treated as violent crimes for related processes.
  • More administrative tasks for prosecutors and courts, plus standardized notices.

Summary of Key Effects

• Mandatory victim notification and opportunity to object at plea and sentencing.
• Expanded protections for minor victims’ identities in certain records.
• Expanded definition of violent crime for related sentencing and post-conviction processes.
• Formal rights for victims to submit impact and community impact statements.
• Clear timelines and model notices for victim rights and expungement eligibility.

Relevant Terms - petition for sentence adjustment - sentence adjustment - victim notification - plea agreement notification - plea hearing - victim impact statement - community impact statement - automatic expungement - expungement eligibility - minor victim identity confidentiality - order for protection / restraining order - crime of violence - violent crime - protest/objection by victim - 609A.015 (expungement statute) - 624.712 (definition reference for violence) - 611A.01 / 611A.03 / 611A.036 / 611A.038 / 611A.039 (sections involved)