SF3002 (Legislative Session 94 (2025-2026))
Mitigated departures provision for certain offenders who have been victims
Related bill: HF2976
AI Generated Summary
Purpose of the Bill
This bill aims to support individuals who have been victims of domestic abuse, sexual assault, or sex trafficking and have committed felonies as a result of their victimization. It intends to provide legal mechanisms for potentially reducing their sentences and offering assistance during probation.
Main Provisions
Mitigated Sentencing: Courts can consider whether a felony offender has been a victim of domestic abuse, sexual assault, or sex trafficking. If it is determined that their victimization contributed to the offense, the court may reduce the sentence from the standard guideline.
Presentence Investigations: The bill requires that presentence investigation reports include details about whether the offender has been a victim of domestic abuse, sexual assault, or sex trafficking, which could influence sentencing decisions.
Pardon and Clemency Applications: Offenders who have been victims may apply for pardons or clemency more easily, acknowledging their victimization as a factor in their criminal behavior.
Supportive Services for Probation: If placed on probation, offenders who are victims of these crimes may be required to engage in treatment or programs that address behavior and mental health issues related to their experiences.
Confidential Records: To protect the privacy of victims, certain court and personal records can be sealed or kept confidential when evaluating the contributory factor of victimization in their offenses.
Significant Changes to Existing Law
- The bill would amend current statutes by adding a specific mitigating factor related to victimization from domestic violence, sexual assault, or sex trafficking into the Minnesota Sentencing Guidelines.
- It incorporates new provisions for sealed records to maintain confidentiality during legal proceedings involving such victims.
Relevant Terms
domestic abuse, sexual assault, sex trafficking, mitigated departure, sentencing guidelines, probation, presentence investigation, pardon, clemency, mental health support, victimization, confidentiality, court records.
Bill text versions
- Introduction PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 26, 2025 | Senate | Floor | Action | Introduction and first reading | |
| March 26, 2025 | Senate | Floor | Action | Referred to | Judiciary and Public Safety |
Citations
[
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill references the meaning of domestic abuse as defined in section 518B.01, subdivision 2.",
"modified": []
},
"citation": "518B.01",
"subdivision": "subdivision 2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill references the definition of sex trafficking as given in section 609.321, subdivision 7a.",
"modified": []
},
"citation": "609.321",
"subdivision": "subdivision 7a"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill includes section 609.342 which pertains to sexual offenses.",
"modified": []
},
"citation": "609.342",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill includes section 609.343 which pertains to sexual offenses.",
"modified": []
},
"citation": "609.343",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill includes section 609.344 which pertains to sexual offenses.",
"modified": []
},
"citation": "609.344",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill includes section 609.345 which pertains to sexual offenses.",
"modified": []
},
"citation": "609.345",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill includes section 609.3451 which pertains to sexual offenses.",
"modified": []
},
"citation": "609.3451",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill includes section 609.3458 which pertains to sexual offenses.",
"modified": []
},
"citation": "609.3458",
"subdivision": ""
}
]