SF1609

This bill clarifies the process for retroactive relief for individuals convicted under certain felony murder statutes in Minnesota. Specifically, it amends the existing law to outline criteria under which a petitioner may be entitled to relief if they can prove by a preponderance of the evidence that they did not cause a death or did not act with extreme indifference to human life.

Key provisions of the bill include:

• A petitioner convicted under Minnesota Statutes §609.185(a)(3) (felony murder rule) can seek relief if they did not directly cause the death and did not aid or conspire with intent to cause death.
• A petitioner convicted under Minnesota Statutes §609.19, subd. 2(1) (second-degree unintentional felony murder) can seek relief if they were not a major participant in the underlying felony or did not act with extreme indifference to human life.
• If the court determines the petitioner is not eligible for relief, the petition is denied.
• If eligible, the court must:
  • Vacate the original felony murder conviction.
  • Resentence the petitioner for the most serious remaining offense.
  • Enter a conviction and impose a sentence for any predicate felony related to the case.
  • If applicable, impose a sentence for any lesser included offense.
• The court must hold hearings when determining the appropriate conviction or sentence, giving victims an opportunity to provide statements.
• Resentencing cannot increase the total incarceration period but may modify consecutive sentences based on recalculated criminal history scores.
• Time served under the vacated conviction is credited toward any new sentence.
• Relief under this law is not considered an exoneration under the Incarceration and Exoneration Remedies Act.
• The date of the new conviction must align with the original conviction date to maintain consistency.

Overall, the bill ensures individuals convicted under outdated felony murder doctrines can seek retroactive sentence modifications or relief while maintaining proper legal procedures.