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Bill > HF2976


MN HF2976

MN HF2976
Mitigated departures provided for certain offenders who have been victims, presentence investigation reports required to include certain information, certain offenders who have been victims allowed to apply for a pardon or for clemency, and Minnesota Sentencing Guidelines Commission directed to include an additional mitigating factor.


summary

Introduced
04/01/2025
In Committee
04/01/2025
Crossed Over
Passed
Dead

Introduced Session

94th Legislature 2025-2026

Bill Summary

A bill for an act relating to public safety; providing for mitigated departures for certain offenders who have been victims; requiring presentence investigation reports to include certain information; allowing certain offenders who have been victims to apply for a pardon or for clemency; directing the Minnesota Sentencing Guidelines Commission to include an additional mitigating factor; amending Minnesota Statutes 2024, sections 609.115, subdivision 1; 609.133, subdivision 7; 638.12, subdivision 2; 638.15, subdivision 1; 638.19, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 609.

AI Summary

This bill introduces comprehensive reforms to address the experiences of individuals who have been victims of domestic abuse, sexual assault, or sex trafficking within the criminal justice system. The legislation allows courts to consider a person's history of victimization when sentencing, with the potential for a mitigated departure from standard sentencing guidelines if the court determines that the victim's traumatic experiences were a contributing factor to the crime and that a reduced sentence would serve the public interest. The bill requires presentence investigation reports to include information about the defendant's experiences of domestic abuse, sexual assault, or sex trafficking, and expands opportunities for such individuals to apply for pardons or clemency by considering their victimization as a relevant factor. Additionally, the bill directs the Minnesota Sentencing Guidelines Commission to explicitly include victimization experiences as a potential mitigating factor in sentencing recommendations. The legislation aims to recognize the complex ways in which trauma can influence criminal behavior and provide a more nuanced approach to justice that takes into account an individual's experiences of victimization. The changes will take effect on August 1, 2025, and apply to sentencing hearings, presentence investigations, and clemency applications from that date forward.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduction and first reading, referred to Public Safety Finance and Policy (on 04/01/2025)

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