Minnesota SF 3871: Special education restrictive procedures and seclusion modifications

Bill Text

1.1 A bill for an act​
1.2 relating to public safety; requiring judge to inquire whether victim has been notified​
1.3 of plea and sentencing hearings; protecting victim from identification in prosecutor's​
1.4 petition for sentence adjustment; expanding victim notification of defendant​
1.5 eligibility for automatic expungement; protecting identity of minor victim in a​
1.6 crime involving sexual performance; expanding protection from employer​
1.7 retaliation to victims of stalking; amending Minnesota Statutes 2024, sections​
1.8 609.133, subdivision 4; 609.3471; 611A.03, subdivision 1, by adding a subdivision;​
1.9 611A.036, subdivision 7; 611A.038; 611A.039, subdivision 1.​
1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.11 Section 1. Minnesota Statutes 2024, section 609.133, subdivision 4, is amended to read:​
1.12 Subd. 4.Petition; contents; fee.(a) A prosecutor's petition for sentence adjustment​
1.13 shall be filed in the district court where the individual was convicted and include the​
1.14 following:​
1.15 (1) the full name of the individual on whose behalf the petition is being brought and, to​
1.16 the extent possible, all other legal names or aliases by which the individual has been known​
1.17 at any time;​
1.18 (2) the individual's date of birth;​
1.19 (3) the individual's address;​
1.20 (4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for​
1.21 the individual;​
1.22 (5) the details of the offense for which an adjustment is sought, including:​
1.23 (i) the date and jurisdiction of the occurrence;​
1​Section 1.​
26-06125 as introduced​11/17/25 REVISOR EB/RC​
SENATE​
STATE OF MINNESOTA​
S.F. No. 3871​NINETY-FOURTH SESSION​
(SENATE AUTHORS: WIKLUND, Oumou Verbeten, Latz and Gustafson)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​6397​02/26/2026​
Referred to Judiciary and Public Safety​
Chief author stricken, shown as co-author Oumou Verbeten​10668​05/15/2026​
Chief author added Wiklund​
See SF4760​

2.1 (ii) either the names of any victims or that there were no the number of identifiable​
2.2 victims;​
2.3 (iii) whether there is a current order for protection, restraining order, or other no contact​
2.4 order prohibiting the individual from contacting the victims or whether there has ever been​
2.5 a prior order for protection or restraining order prohibiting the individual from contacting​
2.6 the victims;​
2.7 (iv) the court file number; and​
2.8 (v) the date of conviction;​
2.9 (6) what steps the individual has taken since the time of the offense toward personal​
2.10 rehabilitation, including treatment, work, good conduct within correctional facilities, or​
2.11 other personal history that demonstrates rehabilitation;​
2.12 (7) the individual's criminal conviction record indicating all convictions for​
2.13 misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable​
2.14 convictions in any other state, federal court, or foreign country, whether the convictions​
2.15 occurred before or after the conviction for which an adjustment is sought;​
2.16 (8) the individual's criminal charges record indicating all prior and pending criminal​
2.17 charges against the individual in this state or another jurisdiction, including all criminal​
2.18 charges that have been continued for dismissal, stayed for adjudication, or were the subject​
2.19 of pretrial diversion; and​
2.20 (9) to the extent known, all prior requests by the individual, whether for the present​
2.21 offense or for any other offenses in this state or any other state or federal court, for pardon,​
2.22 return of arrest records, or expungement or sealing of a criminal record, whether granted​
2.23 or not, and all stays of adjudication or imposition of sentence involving the petitioner.​
2.24 (b) The filing fee for a petition brought under this section shall be waived.​
2.25 (c) Notwithstanding chapter 13 or any other statute related to the classification of​
2.26 government data, a supervising agent or the commissioner of corrections may provide private​
2.27 or confidential data to a prosecutor for purposes of a petition for sentence adjustment.​
2.28 Sec. 2. Minnesota Statutes 2024, section 609.3471, is amended to read:​
2.29 609.3471 RECORDS PERTAINING TO VICTIM IDENTITY CONFIDENTIAL.​
2.30 Notwithstanding any provision of law to the contrary, no data contained in records or​
2.31 reports relating to petitions, complaints, or indictments issued pursuant to section 609.322,​
2.32 609.342, 609.343, 609.344, 609.345, 609.3453, or 609.3458, or 617.246, which specifically​
2​Sec. 2.​
26-06125 as introduced​11/17/25 REVISOR EB/RC​

3.1 identifies a victim who is a minor shall be accessible to the public, except by order of the​
3.2 court. Nothing in this section authorizes denial of access to any other data contained in the​
3.3 records or reports, including the identity of the defendant.​
3.4 Sec. 3. Minnesota Statutes 2024, section 611A.03, subdiv