SF3002

SF3002 (Legislative Session 94 (2025-2026))

Mitigated departures provision for certain offenders who have been victims

Related bill: HF2976

AI Generated Summary

Purpose of the Bill

The bill seeks to allow for reduced sentences (called mitigated departures) for certain offenders who are victims of domestic abuse, sexual assault, or sex trafficking. It aims to consider the impact of these experiences on the offender's behavior when determining their sentence. The bill also provides opportunities for such victims to apply for pardon or clemency and seeks to amend existing statutes to reflect these changes.

Main Provisions

Mitigated Sentencing:
Courts can consider a mitigated departure from the standard sentencing guidelines if the defendant has been a victim of domestic abuse, sexual assault, or sex trafficking and these experiences contributed to the crime committed. This includes considering the public interest in such departures.
Confidential Records Handling:
The bill allows courts to use non-public records, such as court records or medical documents, to determine eligibility for mitigated sentencing. It provides options to keep these records confidential to protect the victim's privacy.
Probation and Support Services:
If the offender is placed on probation and is a victim, the court may require them to participate in treatment or programs to address issues stemming from their victimization. This could include support for mental health or behavior-related problems caused or worsened by their experiences.
Statutory Amendments:
The Minnesota Sentencing Guidelines Commission is directed to include these considerations as a mitigating factor when establishing sentencing guidelines. The bill proposes amendments to several sections of Minnesota law to implement these changes.

Significant Changes to Existing Law

The introduction of mitigated departures specifically for victims of domestic abuse, sexual assault, or sex trafficking when these factors contribute to the offense.
Modification of presentence investigation reports to include relevant information about the offender's history of victimization.
Provisions for certain offenders who have been victims to apply for pardons or clemency based on their victim status.

Relevant Terms

domestic abuse, sexual assault, sex trafficking, mitigated departure, sentencing guidelines, presentence investigation, pardon, clemency, probation, confidentiality, mental health support.

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
March 26, 2025	Senate	Floor	Action	Introduction and first reading
March 26, 2025	Senate	Floor	Action	Referred to	Judiciary and Public Safety

Citations

[
  {
    "analysis": {
      "added": [
        "Incorporates victim status in presentence evaluations."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill amends presentence investigation requirements for offenders under section 609.115.",
      "modified": [
        "Updates list of required information to include victimization details."
      ]
    },
    "citation": "609.115",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "New mitigating factor for victims of domestic abuse and sexual assault."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill modifies sentencing guidelines by adding an additional factor for consideration under section 609.133.",
      "modified": [
        "Adjusts criteria for mitigated sentencing departures."
      ]
    },
    "citation": "609.133",
    "subdivision": "subdivision 7"
  },
  {
    "analysis": {
      "added": [
        "Clarification on eligibility criteria for victims applying for clemency."
      ],
      "removed": [
        ""
      ],
      "summary": "Clarifies application processes for clemency under section 638.12.",
      "modified": [
        "Updates procedures for clemency applications with a victim history."
      ]
    },
    "citation": "638.12",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        "Instructions for incorporating new victim-related factors into guidelines."
      ],
      "removed": [
        ""
      ],
      "summary": "This section modifies the responsibilities of the Minnesota Sentencing Guidelines Commission under section 638.15.",
      "modified": [
        "Refinement of sentencing commission duties regarding mitigating factors."
      ]
    },
    "citation": "638.15",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "New process for victim-related pardon evaluations."
      ],
      "removed": [
        ""
      ],
      "summary": "Amends provisions related to pardons under section 638.19.",
      "modified": [
        "Amended rules for considering victim circumstances in pardoning."
      ]
    },
    "citation": "638.19",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "References definition of 'domestic abuse' as provided in section 518B.01.",
      "modified": [
        "Utilizes existing definition for domestic abuse in legal applications."
      ]
    },
    "citation": "518B.01",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Utilizes the existing definition of 'sex trafficking' from section 609.321.",
      "modified": [
        "Incorporates existing legal definition to enhance bill coherence."
      ]
    },
    "citation": "609.321",
    "subdivision": "subdivision 7a"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Referential usage of sexual assault provision under section 609.342.",
      "modified": [
        "Incorporates reference to enforce section as related to victim status."
      ]
    },
    "citation": "609.342",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Reference to existing sexual assault statutes under section 609.343.",
      "modified": [
        "Enhances understanding by linking to established legal definitions."
      ]
    },
    "citation": "609.343",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Draws from established sexual assault law, section 609.344.",
      "modified": [
        "Strengthens bill by applying existing legal framework."
      ]
    },
    "citation": "609.344",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Utilizes statutes concerning sexual conduct under section 609.345.",
      "modified": [
        "Ensures legal consistency by referencing known statutes."
      ]
    },
    "citation": "609.345",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Incorporates statutes detailing criminal sexual conduct in section 609.3451.",
      "modified": [
        "Embeds existing statute to clarify legal applications."
      ]
    },
    "citation": "609.3451",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Encompasses statutory definitions under section 609.3458 for broader application.",
      "modified": [
        "Links proposed mitigations to established legal definitions."
      ]
    },
    "citation": "609.3458",
    "subdivision": ""
  }
]