.................... moves to amend H.F. No. 2925, the second engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. [590.11] ORDER DETERMINING ELIGIBILITY FOR
1.4COMPENSATION BASED ON EXONERATION.
1.5 Subdivision 1. Definition. For purposes of this section, "exonerated" means that:
1.6(1) a court of this state:
1.7(i) vacated or reversed a judgment of conviction, including all convictions arising
1.8out of the same behavioral incident, on grounds consistent with innocence and the
1.9prosecutor dismissed the charges; or
1.10(ii) ordered a new trial on grounds consistent with innocence and the prosecutor
1.11dismissed the charges or the petitioner was found not guilty at the new trial; and
1.12(2) the time for appeal of the order resulting in exoneration has expired or the order
1.13has been affirmed and is final.
1.14 Subd. 2. Procedure. A petition for an order declaring eligibility for compensation
1.15based on exoneration under sections 611.362 to 611.368 must be brought before the
1.16district court where the order resulting in the exoneration was obtained. The state must be
1.17represented by the prosecutor who obtained the conviction or the prosecutor's successor.
1.18Within 90 days after the filing of the petition, the prosecutor must respond to the petition.
1.19A petition must be brought within two years, but no less than 90 days after the petitioner is
1.20exonerated. Persons released from custody on grounds consistent with exoneration, as
1.21defined in subdivision 1, before the effective date of this section must commence an action
1.22under this section within two years of the effective date.
1.23 Subd. 3. Compensation based on exoneration and innocence. An individual who
1.24is exonerated is eligible for compensation based on the establishment of innocence if the
1.25petitioner establishes by clear and convincing evidence that a crime was not committed or
1.26that the crime was not committed by the petitioner.
2.1 Subd. 4. Compensation based on exoneration without establishing innocence.
2.2An individual who is exonerated is eligible for compensation without establishing
2.3innocence pursuant to subdivision 3, if the prosecutor, within 90 days of the filing of the
2.4petition, joins in the petition and indicates that it is likely that the original complaint
2.5would not have been filed or would have been dismissed with knowledge of all the
2.6circumstances. Joinder by the prosecutor shall conclusively establish eligibility for
2.7compensation, precluding any further proceedings pursuant to subdivision 3. Upon receipt
2.8of the prosecutor's joinder, the court shall issue an order, as described in subdivision 8,
2.9granting petitioner's eligibility for compensation under this subdivision.
2.10 Subd. 5. Evidence. District court records related to the conviction and the
2.11exoneration are admissible in a proceeding under this section. A written affidavit or verbal
2.12statement on the record by the prosecutor who obtained the conviction or the prosecutor's
2.13successor is admissible to support or refute the petition. The prosecutor may address the
2.14prosecutor's decision to dismiss the charges or other information that may not be fully
2.15reflected in the proceedings resulting in exoneration. The court shall consider acts by
2.16the petitioner that may have contributed to bringing about the conviction and any other
2.17offenses that may have been committed by the petitioner. The victim of the offense has a
2.18right to submit an oral or written statement before the court issues its order. The statement
2.19may summarize the harm suffered by the victim as a result of the crime and give the
2.20victim's recommendation on whether the petition should be granted or denied.
2.21 Subd. 6. Elements. (a) A claim for compensation arises if a person is eligible for
2.22compensation under subdivision 3 or 4 and:
2.23(1) the person was convicted of a felony and served any part of the imposed sentence
2.25(2) in cases where the person was convicted of multiple charges arising out of the
2.26same behavioral incident, the person was exonerated for all of those charges;
2.27(3) the person did not commit or induce another person to commit perjury or
2.28fabricate evidence to cause or bring about the conviction; and
2.29(4) the person was not serving a term of imprisonment for another crime at the same
2.30time, provided that if the person served additional time in prison due to the conviction that
2.31is the basis of the claim, the person may make a claim for that portion of time served in
2.32prison during which the person was serving no other sentence.
2.33(b) A claimant may make a claim only for that portion of time served in prison
2.34during which the claimant was serving no other sentence.
3.1(c) A confession or admission later found to be false or a guilty plea to a crime the
3.2claimant did not commit does not constitute bringing about the claimant's conviction
3.3for purposes of paragraph (a), clause (3).
3.4 Subd. 7. Hearing. Unless the petition and the files and records of the proceeding
3.5conclusively show that the petitioner is entitled to no compensation, the court shall set a
3.6hearing on the petition and response thereto.
3.7 Subd. 8. Order. If, after considering all the files and records admitted under
3.8subdivision 5, the court determines that the petitioner is eligible for compensation under
3.9subdivision 3, the court shall issue an order containing its findings and, if applicable,
3.10indicate the portion of the term of imprisonment for which the petitioner is entitled
3.11to make a claim. The court shall notify the petitioner of the right to file a claim for
3.12compensation under sections 611.362 to 611.368 and provide the petitioner with a copy
3.13of those sections. The petitioner must acknowledge receipt of the notice and a copy of
3.14those sections in writing or on the record before the court.
3.15 Subd. 9. Appeal. An order issued pursuant to subdivision 3 may be appealed as
3.16provided for under section 590.06, except that service of the notice of appeal on the
3.17attorney general is not required. The petitioner may not appeal a decision of the prosecutor
3.18or order entered pursuant to subdivision 4.
Sec. 2. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
Subd. 3. Certain criminal proceedings
not resulting in conviction resolved in
3.21favor of defendant. (a)
A petition may be filed under section
to seal all records
relating to an arrest, indictment or information, trial, or verdict if the records are not
subject to section
299C.11, subdivision 1
, paragraph (b), and if all pending actions or
proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict
of not guilty by reason of mental illness is not a resolution in favor of the petitioner.
3.26(b) For purposes of this chapter, an action or proceeding is resolved in favor of the
3.27petitioner if the petitioner received an order under section 590.11 determining that the
3.28petitioner is eligible for compensation based on exoneration.
Sec. 3. [611.362] CLAIM FOR COMPENSATION BASED ON EXONERATION.
3.30 Subdivision 1. General. A person who receives an order under section 590.11
3.31determining that the person is entitled to compensation based on exoneration may bring
3.32a claim for an award under sections 611.362 to 611.368.
3.33 Subd. 2. Process; filing requirement. The state must be named as the respondent.
3.34A claimant shall serve the claim and all documents on the state through the commissioner
4.1of management and budget and file the claim with the Supreme Court. The claim must
4.2include a copy of the order issued by the district court under section 590.11, subdivision
4.37. The state shall respond to the claim within 60 days after service. In all matters under
4.4sections 611.362 to 611.369, legal representation for the state shall be provided by either
4.5the attorney general or legal counsel for the Department of Management and Budget.
4.6 Subd. 3. Agent for claimant. If a person entitled to file a claim is incapacitated and
4.7incapable of filing the claim or is a minor or nonresident of the state, the claim may be
4.8filed on behalf of the claimant by a court-appointed guardian, the parent or guardian of
4.9a minor, or an authorized agent.
4.10 Subd. 4. Statute of limitations. A claimant must commence a claim under
4.11this section within 60 days after the date the order was issued under section 590.11,
4.12subdivision 7, provided that if the person did not receive the notice required under section
4.13590.11, subdivision 7, the person may commence a claim within three years of that date.
4.14An action by the state challenging or appealing the order under section 590.11 tolls the
4.15two-year period. Persons released from custody on grounds consistent with exoneration
4.16before the effective date of this section may commence an action under this section within
4.17two years of the effective date.
Sec. 4. [611.363] COMPENSATION PANEL.
4.19 Subdivision 1. Appointment. Within 30 business days after the claim is filed with
4.20the Supreme Court, the chief justice of the Supreme Court shall appoint a compensation
4.21panel of three attorneys or judges who are responsible for determining the amount of
4.22damages to be awarded. Members of the panel must have experience in legal issues
4.23involving the settlement of tort claims and the determination of damages.
4.24 Subd. 2. Compensation of panel members; procedures. (a) Members of the
4.25panel are entitled to the compensation authorized for members of boards under section
4.2615.0575, subdivision 3.
4.27(b) Consistent with sections 611.362 to 611.368, the panel may establish procedures,
4.28rules, and forms for considering claims and awarding damages.
4.29 Subd. 3. Payment of expenses. The state court administrator shall forward
4.30documentation of expenses and administrative costs of the panel to the commissioner of
4.31management and budget for payment of those amounts from appropriations available
4.32for this purpose.
Sec. 5. [611.364] PREHEARING SETTLEMENTS AND HEARING.
5.1 Subdivision 1. Prehearing settlements. The panel may set a prehearing settlement
5.2conference date. At this conference, the parties must make a good faith attempt to reach a
5.3settlement in the case. If the parties agree, they may present the panel with a joint motion
5.4for summary disposition and no further hearings are required. If a settlement document is
5.5approved by the panel, it has the same effect as an award under section 611.365, for all
5.6purposes of that section.
5.7 Subd. 2. Hearing. (a) If the parties are unable to reach a settlement, the panel must
5.8hold an evidentiary hearing to determine the amount of damages to be awarded to the
5.9claimant. The panel may consider any evidence and argument submitted by the parties,
5.10including affidavits, documentation, and oral and written arguments. The panel is bound
5.11by any fact or damage amount established by the stipulation of the parties.
5.12(b) Hearings and records relating to the hearing are open to the public, except where,
5.13in the interest of justice, the panel orders a hearing closed or a record sealed.
Sec. 6. [611.365] DAMAGES.
5.15 Subdivision 1. General. A claimant is entitled to the damages provided for in
5.17 Subd. 2. Reimbursement; monetary damages; attorney fees. (a) The claimant is
5.18entitled to reimbursement for all restitution, assessments, fees, court costs, and other sums
5.19paid by the claimant as required by the judgment and sentence. In addition, the claimant
5.20is entitled to monetary damages of not less than $50,000 for each year of imprisonment,
5.21and not less than $25,000 for each year served on supervised release or as a registered
5.22sex offender, to be prorated for partial years served. In calculating monetary damages,
5.23the panel shall consider:
5.24(1) economic damages, including reasonable attorney fees, lost wages, and
5.25reimbursement for costs associated with the claimant's criminal defense;
5.26(2) reimbursement for medical and dental expenses that the claimant already incurred
5.27and future unpaid expenses expected to be incurred related to the claimant's imprisonment;
5.28(3) noneconomic damages for personal physical injuries or sickness and any
5.29nonphysical injuries or sickness incurred as a result of imprisonment;
5.30(4) reimbursement for any tuition and fees paid for each semester successfully
5.31completed by the claimant in an educational program or for employment skills and
5.32development training, up to the equivalent value of a four-year degree at a public
5.33university, and reasonable payment for future unpaid costs for education and training, not
5.34to exceed the anticipated cost of a four-year degree at a public university;
6.1(5) reimbursement for paid or unpaid child support payments owed by the claimant
6.2that became due, and interest on child support arrearages that accrued, during the time
6.3served in prison; and
6.4(6) reimbursement for reasonable costs of paid or unpaid reintegrative expenses for
6.5immediate services secured by the claimant upon exoneration and release, including
6.6housing, transportation and subsistence, reintegrative services, and medical and dental
6.7health care costs.
6.8(b) The panel shall award the claimant reasonable attorney fees incurred in bringing
6.9a claim under sections 611.362 to 611.368 and in obtaining an order of eligibility for
6.10compensation based on exoneration under chapter 590.
6.11 Subd. 3. Limits on damages. There is no limit on the aggregate amount of damages
6.12that may be awarded under this section. Damages that may be awarded under subdivision 2,
6.13paragraph (b), clauses (1) and (4) to (6), are limited to $100,000 per year of imprisonment
6.14and $50,000 per year served on supervised release or as a registered sex offender.
6.15 Subd. 4. Notice and acceptance of award. A claimant who is awarded damages
6.16under this section must be provided with a written notice of the award, which must include
6.17an itemization of the total damage award calculation. A claimant's acceptance of an award,
6.18compromise, or settlement must be in writing and is final and conclusive on the claimant.
6.19 Subd. 5. Subsequent damage awards. Any future damages awarded to the
6.20claimant resulting from an action by the claimant against the state or a political subdivision
6.21of this state based on the same subject must be offset by the damage award received
6.22under this section.
6.23 Subd. 6. No offsets. The damage award must not be offset by:
6.24(1) any expenses incurred by the state or any political subdivision of the state,
6.25including expenses incurred to secure the claimant's custody or to feed, clothe, or provide
6.26medical services for the claimant; or
6.27(2) the value of any services or reduction in fees for services, or the value of services
6.28to be provided to the claimant that may be awarded to the claimant under this section.
6.29 Subd. 7. Survival of claim. A pending order issued under section 590.11,
6.30subdivision 7, or claim under sections 611.362 to 611.368, survives the death of the
6.31petitioner or claimant and the personal representative of the person may be substituted
6.32as the claimant or bring a claim.
6.33 Subd. 8. Child support payments. The amount of an award that represents
6.34reimbursement for child support payments or lost wages is subject to execution for
6.35payment of child support arrearages and interest.
Sec. 7. [611.366] JUDICIAL REVIEW.
7.2A party aggrieved by an award of damages under section 611.365 is entitled
7.3to judicial review of the decision as provided in sections 14.63 to 14.69; however,
7.4proceedings on a complaint filed under this section are not a contested case within the
7.5meaning of chapter 14 and are not otherwise governed by chapter 14.
Sec. 8. [611.367] COMPENSATING EXONERATED PERSONS;
7.8The compensation panel established in section 611.363 shall forward a final award
7.9of damages under section 611.365 to the commissioner of management and budget.
7.10The commissioner shall submit the amount of the final award to the legislature for
7.11consideration during the next session of the legislature.
Sec. 9. [611.368] SHORT TITLE.
7.13Sections 611.362 to 611.368 may be cited as the Imprisonment and Exoneration
Sec. 10. APPROPRIATION.
7.16$3,000 is appropriated from the general fund for the fiscal year ending June 30,
7.172015, to the commissioner of management and budget for expenses incurred by the
7.18compensation panel described in Minnesota Statutes, section 611.363.