Minnesota SF 1609: Optometrist services payment and certain contract provisions specification

Bill Text

1.1 A bill for an act​
1.2 relating to public safety; clarifying the law on retroactive relief for certain felony​
1.3 murders; amending Laws 2023, chapter 52, article 4, section 24, subdivision 7, as​
1.4 amended.​
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. Laws 2023, chapter 52, article 4, section 24, subdivision 7, as amended by Laws​
1.7 2024, chapter 123, article 4, section 20, is amended to read:​
1.8 Subd. 7.Determination; order; resentencing.(a) A petitioner who was convicted of​
1.9 a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), is entitled to​
1.10 relief if the petitioner shows by a preponderance of the evidence that the petitioner:​
1.11 (1) did not cause the death of a human being; and​
1.12 (2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure​
1.13 another with the intent to cause the death of a human being.​
1.14 (b) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.19,​
1.15 subdivision 2, clause (1), is entitled to relief if the petitioner shows by a preponderance of​
1.16 the evidence that the petitioner:​
1.17 (1) did not cause the death of a human being; and​
1.18 (2) was not a major participant in the underlying felony or did not act with extreme​
1.19 indifference to human life.​
1.20 (c) If the court determines that the petitioner does not qualify for relief, the court shall​
1.21 issue an order denying the petition.​
1​Section 1.​
25-03602 as introduced​02/10/25 REVISOR KLL/AC​
SENATE​
STATE OF MINNESOTA​
S.F. No. 1609​NINETY-FOURTH SESSION​
(SENATE AUTHORS: OUMOU VERBETEN, Pratt, Mann, Westlin and Duckworth)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​440​02/20/2025​
Referred to Judiciary and Public Safety​

2.1 (d) If the court determines that the petitioner is entitled to relief, the court shall issue an​
2.2 order vacating the conviction for a violation of Minnesota Statutes, section 609.185,​
2.3 paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), and:​
2.4 (1) resentence the petitioner for the most serious remaining offense for which the​
2.5 petitioner was convicted;​
2.6 (2) enter a conviction and impose a sentence for any other predicate felony arising out​
2.7 of the course of conduct that served as the factual basis for the conviction vacated by the​
2.8 court; or​
2.9 (3) enter a conviction and impose a sentence for any lesser included offense as described​
2.10 in Minnesota Statutes, section 631.14.​
2.11 (e) If the court intends to enter a conviction and impose a sentence for a lesser included​
2.12 offense, the court must hold a hearing to determine the appropriate offense.​
2.13 (f) If the court proceeds under paragraph (d), clause (1) or (2), the new sentence​
2.14 announced by the court under this section must be for the most serious predicate felony​
2.15 unless the most serious remaining offense for which the petitioner was convicted is that​
2.16 offense or a more serious offense.​
2.17 (g) If, pursuant to paragraph (d), the court either resentences a petitioner or imposes a​
2.18 sentence, the court shall also resentence the petitioner for any other offense if the sentence​
2.19 was announced by a district court of the same county, the sentence was either ordered to​
2.20 be served consecutively to the vacated conviction or the criminal history calculation for​
2.21 that sentence included the vacated sentence, and the changes made pursuant to paragraph​
2.22 (d) would have resulted in a different criminal history score being used at the time of​
2.23 sentencing.​
2.24 (h) The court shall state in writing or on the record the reasons for its decision on the​
2.25 petition.​
2.26 (i) If the court intends to resentence a petitioner or impose a sentence on a petitioner,​
2.27 the court must hold the hearing at a time that allows any victim an opportunity to submit a​
2.28 statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make​
2.29 a good faith and reasonable effort to notify any person determined to be a victim of the​
2.30 hearing and the right to submit or make a statement. A sentence imposed under this​
2.31 subdivision shall not increase the petitioner's total period of confinement or, if the petitioner​
2.32 was serving a stayed sentence, increase the period of supervision. The court may increase​
2.33 the period of confinement for a sentence that was ordered to be served consecutively to the​
2​Section 1.​
25-03602 as introduced​02/10/25 REVISOR KLL/AC​

3.1 vacated conviction based on a change in the appropriate criminal history score provided the​
3.2 court does not increase the petitioner's total period of confinement. A person resentenced​
3.3 under this paragraph is entitled to credit for time served in connection with the vacated​
3.4 offense.​
3.5 (j) Relief granted under this section shall not be treated as an exoneration for purposes​
3.6 of the Incarc