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HF1273 (Legislative Session 94 (2025-2026))

Board of Pardons exempted from the requirement to hold open meetings when considering waiver requests.

AI Generated Summary

This bill proposes changes to Minnesota Statutes 2024, section 638.12, regarding pardons and commutations of criminal sentences. The key amendments include:

  1. Exempting the Board of Pardons from Open Meeting Requirements:

    • When considering waiver requests for pardon or commutation eligibility, both the commission and the Board of Pardons would be exempt from public meeting requirements under section 638.14 and chapter 13D (Minnesota's Open Meeting Laws).

  2. Pardon Eligibility Clarification:

    • Individuals convicted under specific circumstances before August 1, 2023, could apply for a pardon immediately upon sentence completion, rather than waiting five years.
    • This primarily applies to those convicted of felony murder under certain aiding-and-abetting theories, provided they did not directly cause or intend the death.

  3. Commutation Eligibility Change:

    • Individuals can apply for a commutation after serving half of their sentence or five years from conviction, whichever is earlier.
    • They can also request a waiver of this period for "unusual circumstances and special need."

  4. Waiver Approval Process:

    • The commission will review waiver requests and make recommendations to the board.
    • The board must grant the waiver unless opposed by the governor or a board majority.

In summary, this bill aims to provide private deliberations for pardon and commutation waiver requests, clarify eligibility rules, and streamline the waiver decision-making process.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 19, 2025HouseFloorActionIntroduction and first reading, referred toJudiciary Finance and Civil Law
February 19, 2025HouseFloorActionIntroduction and first reading, referred toJudiciary Finance and Civil Law

Citations

 
[
  {
    "analysis": {
      "added": [
        "A new provision exempting the Board of Pardons from open meeting requirements when considering waiver requests."
      ],
      "removed": [
        ""
      ],
      "summary": "The bill modifies waiver and pardon eligibility under section 638.12.",
      "modified": [
        "Clarifies conditions under which a waiver for a pardon can be requested."
      ]
    },
    "citation": "638.12",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        "A provision exempting waiver considerations from open meeting requirements."
      ],
      "removed": [
        ""
      ],
      "summary": "Amendments related to commutation eligibility under section 638.12.",
      "modified": [
        "Adjusted procedures for requesting commutation waiver. Specifies when waiver may be granted."
      ]
    },
    "citation": "638.12",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [
        "Details exemption for individuals convicted before August 1, 2023, for crimes committed under the liability theory for crimes of another."
      ],
      "removed": [
        ""
      ],
      "summary": "Clarification on pardon eligibility for convictions under section 609.19.",
      "modified": [
        "Defines specific criteria where individuals may seek pardon under subdivision 1 clause 1."
      ]
    },
    "citation": "609.19",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Further specifications on pardon eligibility pertaining to convictions.",
      "modified": [
        "Clause explains additional circumstances under which a pardon may be applied."
      ]
    },
    "citation": "609.19",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Referenced for the definition of a major participant in the context of eligibility.",
      "modified": [
        ""
      ]
    },
    "citation": "609.05",
    "subdivision": "subdivision 2a"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Exempts the Board of Pardons from meeting requirements under section 638.14.",
      "modified": [
        ""
      ]
    },
    "citation": "638.14",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Amendments affect open meeting law requirements detailed in chapter 13D.",
      "modified": [
        ""
      ]
    },
    "citation": "13D",
    "subdivision": ""
  }
]

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