reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.07 — Order Of Final Argument.

631.07 ORDER OF FINAL ARGUMENT.
When the giving of evidence is concluded in a criminal trial, unless the case is submitted on both sides without argument, the prosecution may make a closing argument to the jury. The defense may then make its closing argument to the jury. The prosecution shall then have the right to reply in rebuttal to the closing argument of the defense.
History:
(10711) RL s 5364; 1985 c 265 art 11 s 1; 1987 c 395 s 2; 1997 c 239 art 3 s 21; 1999 c 72 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.09 — Jury Deliberation; Accommodations.

631.09 JURY DELIBERATION; ACCOMMODATIONS.
At the close of the evidence and after the court has charged the jury, the jury may decide the case in court or retire for deliberation. If the jury cannot agree on a verdict without retiring, the court shall swear one or more officers to take charge of the jury. The jury must be kept together in some private and convenient place. No person may be permitted to speak or communicate with any juror, unless by order of court, nor may a person listen to its deliberations. The jury must be returned to court upon agreeing on a verdict or when so ordered by the court. In case of mixed juries counties shall provide adequate, separate quarters for male and female jurors with proper accommodations. If the county fails to provide proper accommodations, the court shall order the jurors to be housed in a suitable hotel for the night.
This section applies only if the jury has failed to agree.
History:
(10713, 10713-1) RL s 5366; 1927 c 210 s 1,2; 1981 c 31 s 21; 1985 c 265 art 11 s 1; 1Sp1985 c 16 art 1 s 4
NOTE:
See
State v. Drew
, 889 N.W.2d 323 (Minn. Ct. App. 2017) for application of this section when Minnesota Rules of Criminal Procedure 26.03, subdivision 5, also applies.
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.12 — Jury Discharged Without Verdict.

631.12 JURY DISCHARGED WITHOUT VERDICT.
After the retirement of the jury, the court may discharge it if:
(1) one of the jurors becomes so sick as to be unable to continue to serve on the jury;
(2) the jury is unable to agree upon a verdict; or
(3) any other accident or cause occurs to prevent the jury from being kept together for deliberation.
History:
(10716) RL s 5369; 1985 c 265 art 11 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.13 — Conditions Under Which Second Trial Permitted.

631.13 CONDITIONS UNDER WHICH SECOND TRIAL PERMITTED.
If a jury is discharged or prevented from giving a verdict because of accident, disagreement, or other cause, the case may be again tried at the same or another term, unless the defendant is discharged during the trial or after the case has been submitted to the jury.
History:
(10717) RL s 5370; 1985 c 265 art 11 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.14 — Verdict For Lesser Included Offense.

631.14 VERDICT FOR LESSER INCLUDED OFFENSE.
Upon an indictment or complaint for an offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment or complaint, and guilty of any degree inferior to that. Upon an indictment or complaint for an offense, the jury may find the defendant not guilty of committing it, and guilty of an attempt to commit it. Upon an indictment or complaint for murder, if the jury finds the defendant not guilty, it may, upon the same indictment or complaint, find the defendant guilty of manslaughter in any degree. In all other cases, the defendant may be found guilty of any offense necessarily included in that offense with which the defendant is charged in the indictment or complaint.
History:
(10718) RL s 5371; 1985 c 265 art 11 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.15 — Verdict; Multiple Defendants.

631.15 VERDICT; MULTIPLE DEFENDANTS.
If the jury cannot agree upon a verdict with respect to all defendants in a trial involving multiple defendants, it may render a verdict as to those defendants in regard to whom it does agree, on which a judgment shall be entered accordingly. The defendants not receiving a verdict may be tried by another jury.
History:
(10719) RL s 5372; 1985 c 265 art 11 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.17 — Court Administrator To Read Verdict To Jury.

631.17 COURT ADMINISTRATOR TO READ VERDICT TO JURY.
When a verdict such as the court may receive is returned, the court administrator shall immediately file it in open court and read it to the jury, and ask the jurors if it is their verdict. If a juror disagrees, that fact shall be entered upon the minutes, and the court shall send the jury out to deliberate further. If no disagreement is expressed by the jury, the verdict is complete, and the court shall discharge the jury from the case. The court administrator shall immediately record the verdict in full in the court minutes.
History:
(10721) RL s 5374; 1955 c 32 s 1; 1985 c 265 art 11 s 1; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.20 — Hearing; Sentence.

631.20 HEARING; SENTENCE.
After a plea or verdict of guilty, if the court has discretion as to the extent of the punishment, and if either party suggests that there are aggravating or mitigating circumstances which may be properly considered in imposing sentence, the court may hear the issue summarily, at a specified time, and upon notice to the adverse party as it may direct. The aggravating or mitigating circumstances must be presented by the testimony of witnesses examined in open court.
History:
(10724) RL s 5377; 1985 c 265 art 11 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.21 — Dismissal Of Action.

631.21 DISMISSAL OF ACTION.
The court may order a criminal action, whether prosecuted upon indictment or complaint, to be dismissed. The court may order dismissal of an action either on its own motion or upon motion of the prosecuting attorney and in furtherance of justice. If the court dismisses an action, the reasons for the dismissal must be set forth in the order and entered upon the minutes. The recommendations of the prosecuting officer in reference to dismissal, with reasons for dismissal, must be stated in writing and filed as a public record with the official files of the case.
History:
(10725) RL s 5378; 1927 c 296; 1985 c 265 art 11 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.22 — Jury Challenges.

631.22 JURY CHALLENGES.
A challenge is an objection made to a trial jury, and is of two kinds:
(1) to the panel; and
(2) to an individual juror.
When several defendants are tried together, they cannot sever the challenge, but shall join in making the challenge.
History:
(10729) RL s 5382; 1985 c 265 art 11 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.36 — Voir Dire.

631.36 VOIR DIRE.
At a voir dire examination, a challenged juror may be examined as a witness to prove or disprove the challenge. The juror shall answer every question pertinent to the inquiry. When challenged on the ground that the juror is not a citizen of the United States, the juror's own testimony is competent evidence of the fact of naturalization, without other evidence. The juror's testimony on the issue of citizenship may be disputed by the challenger. At a voir dire examination either party may examine other witnesses on either side. The Rules of Evidence applicable to the trial of other issues govern the admission or exclusion of testimony at a voir dire examination.
History:
(10743) RL s 5396; 1985 c 265 art 11 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.41 — Requiring Court Administrator To Deliver Transcript Of Minutes Of Sentence To Sheriff.

631.41 REQUIRING COURT ADMINISTRATOR TO DELIVER TRANSCRIPT OF MINUTES OF SENTENCE TO SHERIFF.
When a person convicted of an offense is sentenced to pay a fine or costs or to be imprisoned in the county jail, or committed to the commissioner of corrections, the court administrator shall, as soon as possible, make out and deliver to the sheriff or a deputy a transcript from the minutes of the court of the conviction and sentence. A duly certified transcript is sufficient authority for the sheriff to execute the sentence. Upon receiving the transcript, the sheriff shall execute the sentence.
History:
(10758) RL s 5411; 1979 c 102 s 13; 1985 c 265 art 11 s 1; 1Sp1986 c 3 art 1 s 82; 1993 c 326 art 8 s 15
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.412 — Same Sex Escort For Inmates Being Transferred.

631.412 SAME SEX ESCORT FOR INMATES BEING TRANSFERRED.
(a) Except as provided in paragraph (b), when a sheriff or other correctional officer has custody of a person charged with or convicted of a crime and transfers that person more than 100 miles, that sheriff or other correctional officer shall provide the transferee with a custodial escort of the same sex as the transferee. A sheriff may employ, when the occasion exists, a suitable person to carry out this section. The expenses of the person's employment must be paid out of county funds not otherwise appropriated.
(b) A sheriff or other correctional officer is not required to provide a same sex escort if: (1) the vehicle used to transport the transferee has video and audio recording equipment installed; (2) the vehicle's video and audio recording equipment is operational and positioned to record the portion of the vehicle where the transferee is held during the transfer; and (3) the video and audio equipment records the duration of the transfer. A recording of an inmate transfer made under this paragraph must be maintained by the sheriff or agency employing the correctional officer for at least 12 months after the date of the transfer.
History:
(9950-4) 1927 c 213 s 1; 1985 c 265 art 11 s 1; 1987 c 49 s 16; 1992 c 417 s 1; 1Sp2019 c 5 art 3 s 11
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.43 — Sentence When Punishment Not Prescribed.

631.43 SENTENCE WHEN PUNISHMENT NOT PRESCRIBED.
When no punishment is provided by statute, the court shall sentence the convicted person to a term of imprisonment that, in view of the degree and aggravation of the offense, is not cruel, unusual, or repugnant to the person's constitutional rights.
History:
(10760) RL s 5414; 1985 c 265 art 11 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.44 — Recognizance To Keep Peace.

631.44 RECOGNIZANCE TO KEEP PEACE.
When a person is convicted of an offense not punishable by imprisonment in the Minnesota Correctional Facility-Stillwater or county jail, the sentencing court may require the person to recognize, to keep the peace and be of good behavior for a term of not more than two years. The court may require the person to be detained in custody until that person agrees to recognize. The recognizance is in addition to the punishment prescribed by law. It must be with sufficient sureties and in a reasonable sum.
History:
(10761) RL s 5415; 1979 c 102 s 13; 1985 c 265 art 11 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.45 — Proceedings Required If Breach Of Recognizance To Keep Peace.

631.45 PROCEEDINGS REQUIRED IF BREACH OF RECOGNIZANCE TO KEEP PEACE.
In case of the breach of the conditions of a recognizance entered into under section 631.44, the same proceedings must be had that are by law prescribed for recognizances to keep the peace.
History:
(10762) RL s 5416; 1985 c 265 art 11 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.46 — Sentence Served In Another County When No Facility Available In County Of Offense.

631.46 SENTENCE SERVED IN ANOTHER COUNTY WHEN NO FACILITY AVAILABLE IN COUNTY OF OFFENSE.
If a sentence requires imprisonment at a local correctional facility and there is no suitable facility in the county in which the offense was committed, the court may order the sentence to be executed in any other county where there is a suitable facility. The county in which the offense was committed shall pay the expense of supporting the inmate.
History:
(10763) RL s 5417; 1985 c 265 art 11 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.461 — Imprisonment; County Jail; Alternatives.

631.461 IMPRISONMENT; COUNTY JAIL; ALTERNATIVES.
(a) When a sentence for an offense includes imprisonment in a county jail, the court may sentence the offender to imprisonment in a workhouse or correctional or work farm if there is one in the county where the offender is tried or where the offense was committed. If not, the court may sentence the offender to imprisonment in a workhouse or correctional or work farm in any county in this state. However, the county board of the county where the offender is tried shall have some agreement for the receipt, maintenance, and confinement of inmates with the county where the offender has been sentenced to imprisonment. The place of imprisonment must be specified in the sentence. Inmates may be removed from one place of confinement to another as provided by statute.
(b) If a court orders or a sheriff permits an offender to serve any portion of the offender's sentence on electronic surveillance, the court or sheriff may require that the offender be kept in custody, or that the offender's probation agent directly supervise the offender until electronic surveillance is activated.
(c) It is the responsibility of the offender placed on electronic surveillance to ensure that the offender's residence is properly equipped and the offender's telecommunications system is properly configured to support electronic surveillance prior to being released from custody or the direct supervision of a probation agent. An offender who fails to comply with this paragraph may be found in violation of the offender's conditions of release after a revocation hearing.
History:
(9934) RL s 4775; 1933 c 329; 1963 c 130 s 1; 1963 c 753 art 2 s 8; 1985 c 265 art 11 s 1; 2015 c 65 art 5 s 10
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.471 — Protecting Inmates; Certain Forfeitures Abolished.

631.471 PROTECTING INMATES; CERTAIN FORFEITURES ABOLISHED.
An inmate sentenced to imprisonment is under the protection of the law, and an unauthorized injury to the inmate's person is punishable just as if the inmate were not convicted or sentenced. A conviction for a crime does not work a forfeiture of real or personal property or of any right or interest in property. Forfeitures in the nature of deodands, or in a case of suicide, or where a person flees from justice, are abolished.
History:
(9939) RL s 4777; 1985 c 265 art 11 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.48 — Sentence; Costs Of Prosecution.

631.48 SENTENCE; COSTS OF PROSECUTION.
In a criminal action, upon conviction of the defendant, the court may order as part of the sentence that defendant shall pay the whole or any part of the disbursements of the prosecution, including disbursements made to extradite a defendant. The court may order this payment in addition to any other penalty authorized by law which it may impose. The payment of the disbursements of prosecution may be enforced in the same manner as the sentence, or by execution against property. When collected, the disbursements of ordered prosecution costs shall be paid to the municipality or subdivision of government which employed the prosecuting attorney or otherwise provided for prosecution of the case. This payment may not interfere with the payment of officers', witnesses', or jurors' fees.
History:
(9485) RL s 4352; 1985 c 265 art 11 s 1; 1990 c 579 s 6; 2009 c 83 art 2 s 48
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.50 — Alien Inmates Or Mentally Ill Persons; Notice To United States Immigration Officers.

631.50 ALIEN INMATES OR MENTALLY ILL PERSONS; NOTICE TO UNITED STATES IMMIGRATION OFFICERS.
When a person who is convicted of a felony or is found to be a person who is mentally ill is committed to the Minnesota Correctional Facility-Stillwater, the Minnesota Correctional Facility-St. Cloud, the county jail, or any other state or county institution which is supported, wholly or in part, by public funds, the chief executive officer, sheriff, or other officer in charge of the state or county institution shall at once inquire into the nationality of the person. If it appears that the person is an alien, the officer shall immediately notify the United States immigration officer in charge of the district in which the correctional facility, jail, or other institution is located of (1) the date of and the reasons for the alien commitment, (2) the length of time for which committed, (3) the country of which the alien is a citizen, and (4) the date on which and the port at which the alien last entered the United States.
History:
(9950-1) 1927 c 301 s 1; 1976 c 2 s 155; 1979 c 102 s 13; 1985 c 265 art 11 s 1; 2002 c 221 s 49
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.51 — Certified Copies Of Indictment Or Complaint Furnished To Immigration Officers.

631.51 CERTIFIED COPIES OF INDICTMENT OR COMPLAINT FURNISHED TO IMMIGRATION OFFICERS.
Upon the official request of a United States immigration officer to a court committing an alien after conviction of a felony, the court administrator of the committing court shall furnish the officer without charge a certified copy of the complaint or indictment, the judgment, sentence, and any other record pertaining to the case of the convicted alien if:
(1) the immigration officer is in charge of the district or territory in which the court is located; and
(2) the state or county institution is supported, in whole or in part, by public funds.
History:
(9950-2) 1927 c 301 s 2; 1985 c 265 art 11 s 1; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 632 — Appeal; First-degree Murder › Section 632.14 — Appeal In First-degree Murder Cases.

632.14 APPEAL IN FIRST-DEGREE MURDER CASES.
A person who has been convicted of murder in the first degree may appeal directly from the district court to the supreme court. The appeal may include other charges against the same defendant which were tried in the same trial as the first-degree murder charge. The Rules of Appellate Procedure shall provide the form of the appeal.
History:
1982 c 501 s 21
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.01 — Evidence; Forgery Of Treasury Notes.

634.01 EVIDENCE; FORGERY OF TREASURY NOTES.
In prosecutions for forging or counterfeiting any note, certificate, bill of credit, or security issued on behalf of the United States or of any state, or for uttering, publishing, or tendering in payment as true any such forged or counterfeit note, certificate, bill of credit, or security, or for being possessed thereof with intent to utter and pass the same as true, the certificate, under oath, of the secretary of the Treasury or of the treasurer of the United States, or of the secretary or treasurer of any state in whose behalf such note, certificate, bill of credit, or security purports to have been issued, shall be admitted as evidence for the purpose of proving the same to be forged or counterfeit.
History:
(9900) RL s 4741
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.02 — Evidence; Bank Notes.

634.02 EVIDENCE; BANK NOTES.
In prosecutions for forging or counterfeiting any notes or bills of a banking company or corporation, or for uttering, publishing, or tendering in payment as true any such forged or counterfeit bills or notes, or for being possessed thereof with the intent to utter and pass them as true, the testimony of any person acquainted with the signature of the president or cashier of such bank, or who has knowledge of the difference in appearance of the true and counterfeit bills or notes thereof shall be competent to prove that any such bill or note is counterfeit, without calling such president or cashier.
History:
(9901) RL s 4742
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.03 — Confession, Inadmissible When.

634.03 CONFESSION, INADMISSIBLE WHEN.
A confession of the defendant shall not be sufficient to warrant conviction without evidence that the offense charged has been committed; nor can it be given in evidence against the defendant whether made in the course of judicial proceedings or to a private person, when made under the influence of fear produced by threats.
History:
(9902) RL s 4743; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.031 — Evidence Of Accomplice.

634.031 EVIDENCE OF ACCOMPLICE.
Any person may be convicted for violation of sections 609.75 to 609.76 on the person's own confession out of court, or upon the testimony of an accomplice.
History:
(10223) RL s 4973; 1963 c 753 art 2 s 10; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.04 — Uncorroborated Evidence Of Accomplice.

634.04 UNCORROBORATED EVIDENCE OF ACCOMPLICE.
A conviction cannot be had upon the testimony of an accomplice, unless it is corroborated by such other evidence as tends to convict the defendant of the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
History:
(9903) RL s 4744
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.051 — Proof Of Death; Killing By Defendant.

634.051 PROOF OF DEATH; KILLING BY DEFENDANT.
No person shall be convicted of murder or manslaughter unless the death of the person alleged to have been killed, and the fact of killing by the defendant, as alleged, are each established as independent facts beyond a reasonable doubt.
History:
(10066) RL s 4875; 1981 c 147 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.06 — Residents Required To Testify In Another State.

634.06 RESIDENTS REQUIRED TO TESTIFY IN ANOTHER STATE.
(a) Upon presentation of a certificate from a judge of a court of record in any state that may require persons within that state to attend and testify in criminal actions or grand jury investigations in this state stating that (1) there is a criminal action pending in the court or a grand jury investigation has commenced or is about to be commenced; (2) a person within this state is a material witness in the action or grand jury investigation; and (3) the person's presence will be required for a specified number of days at the trial or grand jury investigation; a judge of the district court of the county where the person resides, or where the person is found if not a resident of this state, shall set a time and place for a hearing and notify the person of the time and place.
(b) If at the hearing the judge determines that (1) the person is a material and necessary witness; (2) it will not cause undue hardship to the person to be compelled to attend and testify in the other state; and (3) the laws of the state where the person will testify and of any other state that the person may be required to pass through by ordinary course of travel will provide protection from arrest and the service of civil and criminal process; the judge shall make an order, with a copy of the certificate attached, directing the person to attend and testify at the time and place specified in the certificate.
(c) If the person, after being paid by an authorized person reasonable travel and lodging expenses and $25 for each day the person is required to travel and attend as a witness, fails without good cause to attend and testify as directed by the order, the person is guilty of constructive contempt of court.
History:
(9819-1) 1935 c 140 s 1; 1953 c 34 s 1; 1955 c 812 s 1; 1985 c 151 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.07 — Nonresidents Required To Testify In State.

634.07 NONRESIDENTS REQUIRED TO TESTIFY IN STATE.
If a person, in any state which by its laws has made provision for commanding persons within that state to attend and testify either for the prosecution or the defense in criminal actions, or for the purpose of a grand jury investigation which has commenced or is about to be commenced, in this state, is a material witness in an action pending in a district court, or a grand jury investigation which has commenced or is about to be commenced, in this state, a judge of such court may issue a certificate, under the seal of the court, stating these facts and specifying the number of days the witness will be required. This certificate shall be presented to a judge of a court of record in the county in which the witness resides, or the county in which the witness is found if not a resident of that state.
If the witness is ordered by the court to attend and testify in a criminal action or a grand jury investigation in this state the witness shall be tendered the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the action is pending, or the place where the grand jury investigation has commenced or is about to be commenced, and $5 for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the order of the court shall not be required to remain within this state a longer period of time than the period mentioned in the certificate.
History:
(9819-2) 1935 c 140 s 2; 1955 c 812 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.08 — Exemptions; Arrest, Service Of Process.

634.08 EXEMPTIONS; ARREST, SERVICE OF PROCESS.
If a person comes into this state in obedience to a court order directing the person's attendance and testimony in a criminal action or grand jury investigation in this state the person shall not, while in this state, pursuant to such court order, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before entrance into this state under such order.
If a person passes through this state while going to another state in obedience to a court order requiring the person's attendance and testimony in a criminal action or grand jury investigation in that state or while returning therefrom, the person shall not, while so passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before entrance into this state pursuant to such court order.
History:
(9819-3) 1935 c 140 s 3; 1955 c 812 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.09 — Uniformity.

634.09 UNIFORMITY.
Sections 634.06 to 634.09 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact them.
History:
(9819-4) 1935 c 140 s 4
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.16 — Admission Into Evidence Of Results Of Approved Breath Tests.

634.16 ADMISSION INTO EVIDENCE OF RESULTS OF APPROVED BREATH TESTS.
In any civil or criminal hearing or trial, the results of a breath test, when performed by a person who has been fully trained in the use of an infrared or other approved breath-testing instrument, as defined in section 169A.03, subdivision 11, pursuant to training given or approved by the commissioner of public safety or the commissioner's acting agent, are admissible in evidence without antecedent expert testimony that an infrared or other approved breath-testing instrument provides a trustworthy and reliable measure of the alcohol in the breath.
History:
1984 c 430 s 9; 1986 c 444; 2000 c 478 art 2 s 7; 2003 c 96 s 6
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.20 — Evidence Of Conduct.

634.20 EVIDENCE OF CONDUCT.
Evidence of domestic conduct by the accused against the victim of domestic conduct, or against other family or household members, is admissible unless the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issue, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. "Domestic conduct" includes, but is not limited to, evidence of domestic abuse, violation of an order for protection under section 518B.01; violation of a harassment restraining order under section 609.748; violation of a domestic abuse no contact order under section 629.75; or violation of section 609.749 or 609.79, subdivision 1. "Domestic abuse" and "family or household members" have the meanings given under section 518B.01, subdivision 2.
History:
1985 c 159 s 3; 1998 c 367 art 5 s 10; 2000 c 437 s 19; 2002 c 314 s 9; 2013 c 47 s 7; 1Sp2019 c 5 art 2 s 27
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.25 — Admissibility Of Results Of Dna Analysis.

634.25 ADMISSIBILITY OF RESULTS OF DNA ANALYSIS.
In a civil or criminal trial or hearing, the results of DNA analysis, as defined in section 299C.155, are admissible in evidence without antecedent expert testimony that DNA analysis provides a trustworthy and reliable method of identifying characteristics in an individual's genetic material upon a showing that the offered testimony meets the standards for admissibility set forth in the Rules of Evidence.
History:
1989 c 290 art 4 s 18; 1989 c 356 s 55
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.26 — Statistical Probability Evidence.

634.26 STATISTICAL PROBABILITY EVIDENCE.
In a civil or criminal trial or hearing, statistical population frequency evidence, based on genetic or blood test results, is admissible to demonstrate the fraction of the population that would have the same combination of genetic markers as was found in a specific human biological specimen. "Genetic marker" means the various blood types or DNA types that an individual may possess.
History:
1989 c 290 art 4 s 19
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.30 — Evidence Obtained In Foreign Jurisdictions.

634.30 EVIDENCE OBTAINED IN FOREIGN JURISDICTIONS.
Relevant evidence shall not be excluded in any criminal trial or hearing or in any proceeding arising under section 169A.53 on the ground that it existed or was obtained outside of this state.
History:
1990 c 449 s 4; 2000 c 478 art 2 s 7
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.35 — Videotapes Of Child Victims; Conditions Of Disclosure.

634.35 VIDEOTAPES OF CHILD VICTIMS; CONDITIONS OF DISCLOSURE.
(a) If a videotaped interview of a child victim of physical or sexual abuse is disclosed by a prosecuting attorney to a defendant or the defendant's attorney, the following applies:
(1) no more than two copies of the tape or any portion of the tape may be made by the defendant or the defendant's attorney, investigator, expert, or any other representative or agent of the defendant;
(2) the tapes may not be used for any purpose other than to prepare for the defense in the criminal action against the defendant;
(3) the tapes may not be publicly exhibited, shown, displayed, used for educational, research, or demonstrative purposes, or used in any other fashion, except in judicial proceedings in the criminal action against the defendant;
(4) the tapes may be viewed only by the defendant, the defendant's attorney, and the attorney's employees, investigators, and experts;
(5) no transcript of the tapes, nor the substance of any portion of the tapes, may be divulged to any person not authorized to view the tapes;
(6) no person may be granted access to the tapes, any transcription of the tapes, or the substance of any portion of the tapes unless the person has first signed a written agreement that the person is aware of this statute and acknowledges that the person is subject to the court's contempt powers for any violation of it; and
(7) upon final disposition of the criminal case against the defendant, the tapes and any transcripts of the tapes must be returned to the prosecuting attorney.
(b) The court may hold a person who violates this section in contempt.
History:
2003 c 116 s 6
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 634 — Evidence; Witnesses › Section 634.36 — Evidence Of Videotapes, Audiotapes, Or Other Recordings.

634.36 EVIDENCE OF VIDEOTAPES, AUDIOTAPES, OR OTHER RECORDINGS.
In any hearing or trial of a criminal offense or petty misdemeanor or proceeding pursuant to section 169A.53, subdivision 3, evidence of a videotape, audiotape, or electronic or digital recording prepared by a peace officer, using recording equipment in a law enforcement vehicle or on the officer's person, while in the performance of official duties shall not be excluded on the ground that a written transcript of the recording was not prepared and available at or prior to trial. As used in this section, "peace officer" has the meaning given in section 169A.03, subdivision 18.
History:
2010 c 231 s 1; 2017 c 95 art 2 s 18
2023 Minnesota Statutes › Chapters 636 - 643 — Local Jail Facilities; Lockups; Workhouse; Juvenile Offender Care; Pardons › Chapter 636 — Care Of Juvenile Offenders › Section 636.07 — Care And Custody Of Minors.

636.07 CARE AND CUSTODY OF MINORS.
Every sheriff or other person having charge of a minor under the age of 18 years, chargeable with any crime, shall provide the minor while in confinement with good reading matter, and relatives and friends likely to exert a good influence over the minor shall at all reasonable times be permitted to visit.
History:
(10916) RL s 5502; 1917 c 265 s 1; 1959 c 685 s 52; 1986 c 444; 1988 c 515 s 4
2023 Minnesota Statutes › Chapters 636 - 643 — Local Jail Facilities; Lockups; Workhouse; Juvenile Offender Care; Pardons › Chapter 638 — Board Of Pardons › Section 638.01 — Board Of Pardons.

638.01 BOARD OF PARDONS.
The Board of Pardons consists of the governor, the chief justice of the supreme court, and the attorney general. The governor in conjunction with the board may grant clemency according to this chapter.
History:
(10779) RL s 5424; 1985 c 248 s 70; 2023 c 52 art 8 s 3
2023 Minnesota Statutes › Chapters 636 - 643 — Local Jail Facilities; Lockups; Workhouse; Juvenile Offender Care; Pardons › Chapter 638 — Board Of Pardons › Section 638.011 — Definitions.

638.011 DEFINITIONS.
Subdivision 1.
Scope.
For purposes of this chapter, the terms defined in this section have the meanings given.
Subd. 2.
Board.
"Board" means the Board of Pardons under section 638.01.
Subd. 3.
Clemency.
Unless otherwise provided, "clemency" includes a pardon, commutation, and reprieve after conviction for a crime against the state except in cases of impeachment.
Subd. 4.
Commission.
"Commission" means the Clemency Review Commission under section 638.09.
Subd. 5.
Department.
"Department" means the Department of Corrections.
Subd. 6.
Waiver request.
"Waiver request" means a request to waive a time restriction under sections 638.12, subdivisions 2 and 3, and 638.19, subdivision 1.
History:
2023 c 52 art 8 s 4
2023 Minnesota Statutes › Chapters 636 - 643 — Local Jail Facilities; Lockups; Workhouse; Juvenile Offender Care; Pardons › Chapter 638 — Board Of Pardons › Section 638.10 — Clemency Application.

638.10 CLEMENCY APPLICATION.
Subdivision 1.
Required contents.
A clemency application must:
(1) be in writing;
(2) be signed under oath by the applicant; and
(3) state the clemency sought, state why the clemency should be granted, and contain the following information and any additional information that the commission or board requires:
(i) the applicant's name, address, and date and place of birth, and every alias by which the applicant is or has been known;
(ii) the applicant's demographic information, including race, ethnicity, gender, disability status, and age, only if voluntarily reported;
(iii) the applicant's convicted crime for which clemency is requested, the date and county of conviction, the sentence imposed, and the sentence's expiration or discharge date;
(iv) the names of the sentencing judge, the prosecuting attorney, and any victims of the crime;
(v) a brief description of the crime and the applicant's age at the time of the crime;
(vi) the date and outcome of any prior clemency application, including any application submitted before July 1, 2024;
(vii) to the best of the applicant's knowledge, a statement of any past criminal conviction and any pending criminal charge or investigation;
(viii) for an applicant under the department's custody, a statement describing the applicant's reentry plan should clemency be granted; and
(ix) an applicant statement acknowledging and consenting to the disclosure to the commission, board, and public of any private data on the applicant in the application or in any other record relating to the clemency being sought, including conviction and arrest records.
Subd. 2.
Required form.
(a) An application must be made on a commission-approved form or forms and filed with the commission by commission-prescribed deadlines. The commission must consult with the board on the forms and deadlines.
(b) The application must include language informing the applicant that the board and the commission will consider any and all past convictions and that the applicant may provide information about the convictions.
Subd. 3.
Reviewing application for completeness.
The commission must review an application for completeness. An incomplete application must be returned to the applicant, who may then provide the missing information and resubmit the application within a commission-prescribed period.
Subd. 4.
Notice to applicant.
After the commission's initial investigation of a clemency application, the commission must notify the applicant of the scheduled date, time, and location that the applicant must appear before the commission for a meeting under section 638.14.
Subd. 5.
Equal access to information.
Each board and commission member must have equal access to information under this chapter that is used when making a clemency decision.
History:
2023 c 52 art 8 s 6
NOTE:
This section, as added by Laws 2023, chapter 52, article 8, section 6, is effective July 1, 2024. Laws 2023, chapter 52, article 8, section 22.
2023 Minnesota Statutes › Chapters 636 - 643 — Local Jail Facilities; Lockups; Workhouse; Juvenile Offender Care; Pardons › Chapter 638 — Board Of Pardons › Section 638.11 — Third-party Notifications.

638.11 THIRD-PARTY NOTIFICATIONS.
Subdivision 1.
Notice to victim; victim rights.
(a) After receiving a clemency application, the commission must make all reasonable efforts to locate any victim of the applicant's crime.
(b) At least 30 calendar days before the commission meeting at which the application will be heard, the commission must notify any located victim of:
(1) the application;
(2) the meeting's scheduled date, time, and location; and
(3) the victim's right to attend the meeting and submit an oral or written statement to the commission.
(c) The commission must make all reasonable efforts to ensure that a victim can:
(1) submit an oral or written statement; and
(2) receive victim support services as necessary to help the victim submit a statement and participate in the clemency process.
Subd. 2.
Notice to sentencing judge and prosecuting attorney.
(a) At least 60 calendar days before the commission meeting at which the application will be heard, the commission must:
(1) notify the sentencing judge and prosecuting attorney, or their successors, of the application;
(2) provide a copy of the application to the judge and attorney; and
(3) solicit the judge's and attorney's written statements on whether to grant clemency.
(b) Unless otherwise provided in this chapter, "law enforcement agency" includes the sentencing judge and prosecuting attorney or their successors.
Subd. 3.
Notice to public.
At least 30 calendar days before the commission meeting at which the application will be heard, the commission must publish notice of an application in a qualified newspaper of general circulation in the county in which the applicant's crime occurred.
History:
2023 c 52 art 8 s 7
NOTE:
This section, as added by Laws 2023, chapter 52, article 8, section 7, is effective July 1, 2024. Laws 2023, chapter 52, article 8, section 22.
2023 Minnesota Statutes › Chapters 636 - 643 — Local Jail Facilities; Lockups; Workhouse; Juvenile Offender Care; Pardons › Chapter 638 — Board Of Pardons › Section 638.13 — Access To Records; Issuing Subpoena.

638.13 ACCESS TO RECORDS; ISSUING SUBPOENA.
Subdivision 1.
Access to records.
(a) Notwithstanding chapter 13 or any other law to the contrary, upon receiving a clemency application, the board or commission may request and obtain any relevant reports, data, and other information from state courts, law enforcement agencies, or state agencies. The board and the commission must have access to all relevant sealed or otherwise inaccessible court records, presentence investigation reports, police reports, criminal history reports, prison records, and any other relevant information.
(b) State courts, law enforcement agencies, and state agencies must promptly respond to record requests from the board or the commission.
Subd. 2.
Issuing subpoena.
The board or the commission may issue a subpoena requiring the presence of any person before the commission or board and the production of papers, records, and exhibits in any pending matter. When a person is summoned before the commission or the board, the person may be allowed compensation for travel and attendance as the commission or the board considers reasonable.
History:
2023 c 52 art 8 s 9
NOTE:
This section, as added by Laws 2023, chapter 52, article 8, section 9, is effective July 1, 2024. Laws 2023, chapter 52, article 8, section 22.
2023 Minnesota Statutes › Chapters 636 - 643 — Local Jail Facilities; Lockups; Workhouse; Juvenile Offender Care; Pardons › Chapter 638 — Board Of Pardons › Section 638.14 — Commission Meetings.

638.14 COMMISSION MEETINGS.
Subdivision 1.
Frequency.
The commission must meet at least four times each year for one or more days at each meeting to hear eligible clemency applications and recommend appropriate action to the board on each application. One or more of the meetings may be held at a department-operated correctional facility.
Subd. 2.
When open to the public.
All commission meetings are open to the public as provided under chapter 13D, but the commission may hold closed meetings:
(1) as provided under chapter 13D; or
(2) as necessary to protect sensitive or confidential information, including (i) a victim's identity, and (ii) sensitive or confidential victim testimony.
Subd. 3.
Recording.
When possible, the commission must record its meetings by audio or audiovisual means.
Subd. 4.
Board attendance.
The governor, attorney general, and chief justice, or their designees, may attend commission meetings as ex-officio nonvoting members, but their attendance does not affect whether the commission has a quorum.
Subd. 5.
Applicant appearance; third-party statements.
(a) An applicant for clemency must appear before the commission either in person or through available forms of telecommunication.
(b) The victim of an applicant's crime may appear and speak at the meeting or submit a written statement to the commission. The commission may treat a victim's written statement as confidential and not disclose the statement to the applicant or the public if there is or has been an order for protection, harassment restraining order, or other no-contact order prohibiting the applicant from contacting the victim.
(c) A law enforcement agency's representative may provide the agency's position on whether the commission should recommend clemency by:
(1) appearing and speaking at the meeting; or
(2) submitting a written statement to the commission.
(d) The sentencing judge and the prosecuting attorney, or their successors, may provide their positions on whether the commission should recommend clemency by:
(1) appearing and speaking at the meeting; or
(2) submitting their statements under section 638.11, subdivision 2.
History:
2023 c 52 art 8 s 10
NOTE:
This section, as added by Laws 2023, chapter 52, article 8, section 10, is effective July 1, 2024. Laws 2023, chapter 52, article 8, section 22.