1.1                          A bill for an act 
  1.2             relating to crime prevention; allowing crime victims 
  1.3             to have input earlier in the plea agreement process; 
  1.4             imposing conditions on the disclosure of videotaped 
  1.5             interviews of child abuse victims; clarifying the rape 
  1.6             examination law; amending Minnesota Statutes 2002, 
  1.7             sections 13.821; 609.35; 611A.03, subdivision 1; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapters 611A; 634.  
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 13.821, is 
  1.12  amended to read: 
  1.13     13.821 [VIDEOTAPES OF CHILD ABUSE VICTIMS.] 
  1.14     (a) Notwithstanding section 13.04, subdivision 3, an 
  1.15  individual subject of data may not obtain a copy of a videotape 
  1.16  in which a child victim or alleged victim is alleging, 
  1.17  explaining, denying, or describing an act of physical or sexual 
  1.18  abuse without a court order under section 13.03, subdivision 6, 
  1.19  or 611A.90.  The definitions of physical abuse and sexual abuse 
  1.20  in section 626.556, subdivision 2, apply to this section, except 
  1.21  that abuse is not limited to acts by a person responsible for 
  1.22  the child's care or in a significant relationship with the child 
  1.23  or position of authority. 
  1.24     (b) This section does not limit other rights of access to 
  1.25  data by an individual under section 13.04, subdivision 3, other 
  1.26  than the right to obtain a copy of the videotape, nor limit 
  1.27  prohibit rights of access pursuant to discovery in a court 
  2.1   proceeding. 
  2.2      Sec. 2.  Minnesota Statutes 2002, section 609.35, is 
  2.3   amended to read: 
  2.4      609.35 [COSTS OF MEDICAL EXAMINATION.] 
  2.5      (a) Costs incurred by a county, city, or private hospital 
  2.6   or other emergency medical facility or by a private physician 
  2.7   for the examination of a complainant victim of criminal sexual 
  2.8   conduct when the examination is performed for the purpose of 
  2.9   gathering evidence shall be paid by the county in which 
  2.10  the alleged offense was committed criminal sexual conduct 
  2.11  occurred.  Reasonable These costs of the examination include, 
  2.12  but are not limited to, full cost of the rape kit examination, 
  2.13  associated tests relating to the complainant's sexually 
  2.14  transmitted disease status, and pregnancy status.  
  2.15     (b) Nothing in this section shall be construed to limit the 
  2.16  duties, responsibilities, or liabilities of any insurer, whether 
  2.17  public or private.  However, a county may seek insurance 
  2.18  reimbursement from the victim's insurer only if authorized by 
  2.19  the victim.  This authorization may only be sought after the 
  2.20  examination is performed.  When seeking this authorization, the 
  2.21  county shall inform the victim that if the victim does not 
  2.22  authorize this, the county is required by law to pay for the 
  2.23  examination and that the victim is in no way liable for these 
  2.24  costs or obligated to authorize the reimbursement. 
  2.25     (c) The applicability of this section does not depend upon 
  2.26  whether the victim reports the offense to law enforcement or the 
  2.27  existence or status of any investigation or prosecution. 
  2.28     Sec. 3.  Minnesota Statutes 2002, section 611A.03, 
  2.29  subdivision 1, is amended to read: 
  2.30     Subdivision 1.  [PLEA AGREEMENTS; NOTIFICATION OF VICTIM.] 
  2.31  Prior to the entry of the factual basis for a plea pursuant to a 
  2.32  plea agreement recommendation, a prosecuting attorney shall make 
  2.33  a reasonable and good faith effort to inform the victim of: 
  2.34     (a) the contents of the plea agreement recommendation, 
  2.35  including the amount of time recommended for the defendant to 
  2.36  serve in jail or prison if the court accepts the agreement; and 
  3.1      (b) the right to be present at the sentencing hearing and 
  3.2   at the hearing during which the plea agreement is presented to 
  3.3   the court and to express orally or in writing, at the victim's 
  3.4   option, any objection to the agreement or to the proposed 
  3.5   disposition.  If the victim is not present when the court 
  3.6   considers the recommendation, but has communicated objections to 
  3.7   the prosecuting attorney, the prosecuting attorney shall make 
  3.8   these objections known to the court. 
  3.9      Sec. 4.  [611A.0301] [RIGHT TO SUBMIT STATEMENT AT PLEA 
  3.10  AGREEMENT PRESENTATION HEARING.] 
  3.11     A victim has the rights described in section 611A.03, 
  3.12  subdivision 1, paragraph (b), at a plea agreement presentation 
  3.13  hearing.  
  3.14     Sec. 5.  [634.35] [VIDEOTAPES OF CHILD VICTIMS; CONDITIONS 
  3.15  OF DISCLOSURE.] 
  3.16     (a) If a videotaped interview of a child victim of physical 
  3.17  or sexual abuse is disclosed by a prosecuting attorney to a 
  3.18  defendant or the defendant's attorney, the following applies:  
  3.19     (1) no more than two copies of the tape or any portion of 
  3.20  the tape may be made by the defendant or the defendant's 
  3.21  attorney, investigator, expert, or any other representative or 
  3.22  agent of the defendant; 
  3.23     (2) the tapes may not be used for any purpose other than to 
  3.24  prepare for the defense in the criminal action against the 
  3.25  defendant; 
  3.26     (3) the tapes may not be publicly exhibited, shown, 
  3.27  displayed, used for educational, research, or demonstrative 
  3.28  purposes, or used in any other fashion, except in judicial 
  3.29  proceedings in the criminal action against the defendant; 
  3.30     (4) the tapes may be viewed only by the defendant, the 
  3.31  defendant's attorney, and the attorney's employees, 
  3.32  investigators, and experts; 
  3.33     (5) no transcript of the tapes, nor the substance of any 
  3.34  portion of the tapes, may be divulged to any person not 
  3.35  authorized to view the tapes; 
  3.36     (6) no person may be granted access to the tapes, any 
  4.1   transcription of the tapes, or the substance of any portion of 
  4.2   the tapes unless the person has first signed a written agreement 
  4.3   that the person is aware of this statute and acknowledges that 
  4.4   the person is subject to the court's contempt powers for any 
  4.5   violation of it; and 
  4.6      (7) upon final disposition of the criminal case against the 
  4.7   defendant, the tapes and any transcripts of the tapes must be 
  4.8   returned to the prosecuting attorney.  
  4.9      (b) The court may hold a person who violates this section 
  4.10  in contempt. 
  4.11     Sec. 6.  [EFFECTIVE DATE.] 
  4.12     Sections 1 to 5 are effective August 1, 2003, and apply to 
  4.13  crimes committed and persons subject to registration on or after 
  4.14  that date.