SF 3781

02/11/26  REVISOR  VH/CG  26-06342  as introduced
  SENATE
  STATE OF MINNESOTA
  NINETY-FOURTH SESSION  S.F. No. 3781
  (SENATE AUTHORS: GRUENHAGEN)
  DATE       D-PG  OFFICIAL STATUS
  02/23/2026      6368 Introduction and first reading
  Referred to Judiciary and Public Safety
1.1A bill for an act
1.2relating to crimes; authorizing death penalty for capital offenses; providing statutory
1.3framework, including procedures and criteria for imposition of death penalty;
1.4authorizing Board of Pardons to hear petitions for commutations of death penalty
1.5sentences; providing for automatic appellate review of death penalty cases;
1.6providing for appointment of attorneys in death penalty cases; providing
1.7administrative framework for implementing death penalty; amending Minnesota
1.8Statutes 2024, sections 243.05, subdivision 1; 609.10, subdivision 1; 609.106, by
1.9adding a subdivision; 609.12, subdivision 1; 609.135, subdivision 1; 609.185;
1.10proposing coding for new law in Minnesota Statutes, chapter 638; proposing coding
1.11for new law as Minnesota Statutes, chapter 244A.
1.12   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13ARTICLE 1
1.14DEATH PENALTY PROCEDURES
1.15     Section 1. [244A.01] REQUIRING NOTICE BY STATE IN DEATH PENALTY
1.16   CASES.
1.17If the state intends to seek the death penalty for a capital offense, the prosecuting attorney
1.18   must sign and file with the court, and serve upon the defendant, a notice that the state will
1.19   seek the sentence of death in the event of conviction. The notice must be filed and served
1.20   within a reasonable time before trial or acceptance by the court of a plea of guilty. If the
1.21   prosecuting attorney does not comply with the notice requirements of this section, the court
1.22   must not impose the death penalty under section 244A.05.
1.23     Sec. 2. [244A.02] APPOINTMENT OF ATTORNEYS IN CAPITAL CASES.
1.24Upon notification under section 244A.01 that the prosecuting attorney intends to seek
1.25   the death penalty, the court must order the appointment of two attorneys to counsel the
Article 1 Sec. 2.  1
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2.1  defendant, at least one of whom has had significant criminal defense experience, unless the
2.2  court is satisfied that the defendant has retained a competent attorney. If the defendant is
2.3  not represented by an attorney and is not able to afford one, the court must order the
2.4  appropriate district public defender to assign two public defenders. If the defendant is
2.5  convicted and sentenced to death, the state public defender must represent the defendant
2.6  during the appeal process.
2.7    Sec. 3. [244A.03] SENTENCE OF DEATH FOR CAPITAL OFFENSES;
2.8  SENTENCING PROCEEDINGS.
2.9      Subdivision 1. Definition. For purposes of this section, "first degree murder" means
2.10 murder in the first degree as defined in section 609.185.
2.11     Subd. 2. Capital offenses. A person who commits any of the following offenses is guilty
2.12 of a capital offense and is eligible for the death penalty:
2.13     (1) murder in the first degree under section 609.185, paragraph (a), clause (2), (3), (4),
2.14 or (7);
2.15     (2) first degree murder and the victim was under six years of age;
2.16     (3) first degree murder while escaping or attempting to escape from a prison, jail, or
2.17 secure treatment facility as defined in section 253B.02, subdivision 18a;
2.18     (4) first degree murder and the murder was committed for remuneration or the promise
2.19 of remuneration or employs another to commit the murder for remuneration or the promise
2.20 of remuneration;
2.21     (5) first degree murder and the person murders more than one person during the criminal
2.22 transaction or during different criminal transactions but the murders are committed pursuant
2.23 to the same scheme or course of conduct;
2.24     (6) first degree murder of a person in retaliation for or on account of the service or status
2.25 of the other person as a judge or justice of the supreme court, court of appeals, or a district
2.26 court; county attorney; or public defender;
2.27     (7) first degree murder and the offender has a prior conviction for murder in the first
2.28 degree or a similar offense under the laws of another jurisdiction; or
2.29     (8) first degree murder and the offender has a prior conviction for criminal sexual conduct
2.30 under section 609.342 or 609.343 against a victim under the age of 12.
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3.1      Subd. 3. Minors. When a defendant is found guilty of a capital offense, the court must
3.2  impose a sentence other than death if the defendant was under 18 years of age at the time
3.3  of the commission of the crime.
3.4      Subd. 4. DNA evidence. A court in a capital offense case must consider all DNA evidence
3.5  that is offered by the prosecuting attorney or the defendant. The court must also grant each
3.6  reasonable request by the defendant for forensic testing of biological matter.
3.7      Subd. 5. Separate sentencing proceeding to determine if death penalty warranted. (a)
3.8  If a defendant is convicted of a capital offense, the court must conduct a separate proceeding
3.9  to determine whether the defendant should be sentenced to death or to a sentence other than
3.10 death as required by law. The proceeding must be conducted before the court sitting with
3.11 the jury that determined the defendant's guilt or, if the court, for good cause shown,
3.12 discharges that jury, with a new jury impaneled for the purpose.
3.13     (b) In the proceeding, evidence may be presented about any matter that the court considers
3.14 relevant to the sentence, including the nature and circumstances of the crime, the defendant's
3.15 character, background, history, and mental and physical condition. The court may receive
3.16 any evidence relevant to the sentence, not legally privileged, and that the court considers
3.17 to have probative force, regardless of its admissibility under the exclusionary rules of
3.18 evidence. The defendant's counsel must be given a fair opportunity to rebut the evidence.
3.19 The prosecuting attorney and the defendant or defendant's counsel must be permitted to
3.20 present arguments for or against a sentence of death.
3.21     (c) On conclusion of the presentation of the evidence, the court must submit the following
3.22 issues to the jury:
3.23     (1) whether there is a probability that the defendant would commit criminal acts of
3.24 violence that would constitute a continuing threat to society; and
3.25     (2) in cases in which the jury charge at the guilt or innocence stage permitted the jury
3.26 to find the defendant guilty for criminal conduct of another, whether the defendant actually
3.27 caused the death of the deceased or did not actually cause the death of the deceased but
3.28 intended to kill the deceased or another or anticipated that a human life would be taken.
3.29     (d) The state must prove each issue submitted under paragraph (c) beyond a reasonable
3.30 doubt, and the jury must return a special verdict of "yes" or "no" on each issue submitted
3.31 under paragraph (c).
3.32     (e) The court must charge the jury that:
Article 1 Sec. 3.  3
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4.1      (1) in deliberating on the issues submitted under paragraph (c), the jury must consider
4.2  all evidence admitted at the guilt or innocence stage and the punishment stage, including
4.3  evidence of the defendant's background or character or the circumstances of the offense
4.4  that militates for or mitigates against the imposition of the death penalty;
4.5      (2) the jury must not answer any issue submitted under paragraph (c) "yes" unless the
4.6  jury agrees unanimously, and the jury must not answer any issue "no" unless ten or more
4.7  jurors agree; and
4.8      (3) members of the jury need not agree on what particular evidence supports a negative
4.9  answer to any issue submitted under paragraph (c).
4.10     (f) The court must instruct the jury that if the jury returns an affirmative finding to each
4.11 issue submitted under paragraph (c), it must answer the following issue:
4.12     Whether, taking into consideration all of the evidence, including the circumstances of
4.13 the offense, the defendant's character and background, and the personal moral culpability
4.14 of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant
4.15 that a sentence of life imprisonment without parole rather than a death sentence be imposed.
4.16     (g) The court must:
4.17     (1) instruct the jury that if the jury answers that a circumstance or circumstances warrant
4.18 a sentence of life imprisonment without parole rather than a death sentence be imposed
4.19 under paragraph (f), the court will sentence the defendant to imprisonment for life without
4.20 parole; and
4.21     (2) charge the jury that a defendant sentenced to confinement for life without parole
4.22 under this article is ineligible for release on parole.
4.23     (h) The court must charge the jury that in answering the issue submitted under paragraph
4.24 (f), the jury:
4.25     (1) must answer the issue "yes" or "no";
4.26     (2) must not answer the issue "no" unless it agrees unanimously and must not answer
4.27 the issue "yes" unless ten or more jurors agree;
4.28     (3) need not agree on what particular evidence supports an affirmative finding on the
4.29 issue; and
4.30     (4) must consider mitigating evidence to be evidence that a juror might regard as reducing
4.31 the defendant's moral blameworthiness.
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5.1      (i) If the jury returns an affirmative finding on each issue submitted under paragraph (c)
5.2  and a negative finding on an issue submitted under paragraph (f), the court must sentence
5.3  the defendant to death. If the jury returns a negative finding on any issue submitted under
5.4  paragraph (c), returns an affirmative finding on an issue submitted under paragraph (f), or
5.5  is unable to answer any issue submitted under paragraph (c) or (f), the court must sentence
5.6  the defendant to confinement in the Department of Corrections for life imprisonment without
5.7  parole.
5.8    Sec. 4. [244A.04] DEVELOPMENTALLY DISABLED; EXCLUSION FROM DEATH
5.9  PENALTY.
5.10     Subdivision 1. Definition. As used in this section, "developmentally disabled" means
5.11 the condition of significantly subaverage general intellectual functioning existing concurrently
5.12 with significant deficits in adaptive behavior and manifested prior to the age of 18.
5.13     Subd. 2. Notice; developmentally disabled hearing. In any case in which the prosecution
5.14 has provided notice of an intent to seek the death penalty under section 244A.01, the
5.15 defendant may, at a reasonable time prior to the commencement of trial, apply for an order
5.16 directing that a developmentally disabled hearing be conducted. The court must promptly
5.17 conduct a hearing without a jury to determine whether the defendant is developmentally
5.18 disabled.
5.19     Subd. 3. Hearing. At a developmentally disabled hearing, the defendant has the initial
5.20 burden to present evidence of developmental disability. Once this evidence is presented by
5.21 the defendant, the burden of proof is on the prosecution to prove beyond a reasonable doubt
5.22 that the defendant is not developmentally disabled. The defendant may present further
5.23 evidence in response to the prosecution's case. If the court finds that the prosecution has
5.24 failed to meet its burden of proof, the court must preclude the death penalty, and a trial
5.25 thereafter must be conducted as in any other case in which a sentence of death is not sought
5.26 by the prosecution.
5.27     Subd. 4. Inadmissibility. If the defendant is subjected to an examination for purposes
5.28 of this section, any statement made by the defendant during the examination is inadmissible
5.29 in evidence against the defendant in any criminal action or proceeding on any issue other
5.30 than whether the defendant is developmentally disabled.
5.31     Subd. 5. Developmentally disabled evidence; trial. A ruling by the court that the death
5.32 penalty is not precluded under this section must not restrict the defendant's opportunity to
5.33 introduce evidence of developmental disability during trial or to argue that the evidence
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6.1  should be given mitigating significance. The jury must not be informed of any ruling denying
6.2  a defendant's motion under this section.
6.3    Sec. 5. [244A.05] IMPOSITION OF DEATH SENTENCE; MODE OF EXECUTION.
6.4Subdivision 1. Decision. (a) Only the jury sitting as a trier of fact may return a sentence
6.5  of death. The jury vote for the sentence of death must be unanimous.
6.6(b) The court must instruct the jury on the requirements of this subdivision. At that time,
6.7  the court must also inform the jury of the nature of the sentence of imprisonment that may
6.8  be imposed if the jury verdict is against a sentence of death.
6.9Subd. 2. Imposition of death. (a) The court must sentence the defendant to death when
6.10 the jury unanimously:
6.11(1) finds beyond a reasonable doubt that the offender committed a capital offense; and
6.12(2) recommends that the sentence of death be imposed under section 244A.03, subdivision
6.13 5.
6.14(b) If the jury does not recommend a sentence of death, the court must sentence the
6.15 defendant to imprisonment as provided by law.
6.16Subd. 3. Sentence of death precluded. A sentence of death must not be carried out
6.17 upon a person who is under 18 years of age at the time the crime was committed. A sentence
6.18 of death must not be carried out upon a person who, by reason of a mental disease or defect,
6.19 is unable to understand the impending death or the reasons for it. A sentence of death must
6.20 not be carried out upon a person who is pregnant. A sentence of death must not be carried
6.21 out upon a person whom the prosecution has failed to prove not developmentally disabled
6.22 under section 244A.04.
6.23Subd. 4. Execution by lethal injection. If the court sentences a defendant to death under
6.24 subdivision 2, the order of execution must be carried out by administration of a continuous,
6.25 intravenous injection of a lethal quantity of an ultra-fast-acting barbiturate in combination
6.26 with a chemical paralytic agent until a licensed physician pronounces that the defendant is
6.27 dead according to accepted standards of medical practice. The execution by lethal injection
6.28 must be performed by a person selected by the chief executive officer of the maximum
6.29 security facility at which the execution will take place and trained to administer the injection.
6.30 The person administering the injection need not be a physician, registered nurse, or licensed
6.31 practical nurse licensed or registered under the laws of this or another state.
Article 1 Sec. 5.  6
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7.1    Sec. 6. [244A.06] SENTENCING COURT; ADMINISTRATIVE REQUIREMENTS.
7.2      Subdivision 1. Date of execution. In pronouncing a sentence of death, the court must
7.3  set the date of execution not less than 60 days nor more than 90 days from the date the
7.4  sentence is pronounced. If execution has been stayed by a court and the date set for execution
7.5  has passed before dissolution of the stay, the court in which the defendant was previously
7.6  sentenced must, upon dissolution of the stay, set a new date of execution not less than five
7.7  nor more than 90 days from the day the date is set. The defendant is entitled to be present
7.8  in court on the day the new date of execution is set.
7.9      Subd. 2. Copies of order of execution. When a person is sentenced to death, the court
7.10 administrator must prepare certified copies of the judgment and order of execution and send
7.11 these documents to the governor, defendant, defendant's counsel, attorney general, chief
7.12 justice of the supreme court, state court administrator, and the state public defender's office
7.13 within five business days following entrance of the order of execution.
7.14     Subd. 3. Delivery of defendant to maximum security facility. Pending execution of
7.15 a sentence of death, the sheriff or other chief law enforcement officer who has custody of
7.16 the defendant must deliver the defendant to the maximum security facility designated by
7.17 the commissioner of corrections as the place where the execution is to be held.
7.18   Sec. 7. [244A.07] REVIEW OF DEATH SENTENCES BY SUPREME COURT.
7.19     Subdivision 1. Automatic review. The judgment of conviction and a sentence of death
7.20 are subject to automatic review by the supreme court within 60 days after certification by
7.21 the sentencing court of the entire record. The review by the supreme court has priority over
7.22 all other cases and must be heard in accordance with rules adopted by the supreme court.
7.23     Subd. 2. Transcript. The court administrator, within ten days after receiving the
7.24 transcript, must transmit the entire record and transcript to the supreme court together with
7.25 a notice prepared by the administrator and a report prepared by the trial judge. The notice
7.26 must set forth the title and docket number of the case, the name of the defendant, the name
7.27 and address of the defendant's attorney, a narrative statement of the judgment, the offense,
7.28 and the punishment prescribed. The report must be in the form of a standard questionnaire
7.29 prepared and supplied by the supreme court.
7.30     Subd. 3. Review guidelines; reformation of sentence in capital case. In determining
7.31 whether a death sentence should be reformed to a sentence of life without parole, the supreme
7.32 court must determine whether:
Article 1 Sec. 7.  7
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8.1      (1) there is legally sufficient evidence to support an affirmative answer to an issue
8.2  submitted to the jury under section 244A.03, subdivision 5, paragraph (c); or
8.3      (2) there is reversible error.
8.4      Subd. 4. Briefs. Both the defendant and the state have the right to submit briefs within
8.5  the time provided by the court and to present oral argument to the court.
8.6      Subd. 5. Decision. The supreme court must:
8.7      (1) affirm the sentence of death;
8.8      (2) reform the sentence to life without parole; or
8.9      (3) set the sentence aside and remand the case for resentencing by the trial judge based
8.10 on the record and argument of counsel.
8.11     Subd. 6. Notice to governor. Within five business days after reaching a decision under
8.12 subdivision 5, the supreme court must notify the governor whether the death sentence has
8.13 been affirmed, reformed, or set aside.
8.14   Sec. 8. [244A.08] UNIFIED REVIEW PROCEDURE.
8.15     Subdivision 1. Procedure. The supreme court must establish by rule a unified review
8.16 procedure to provide for the presentation to the sentencing court and to the supreme court
8.17 of all possible challenges to the trial, conviction, sentence, and detention of defendants upon
8.18 whom the sentence of death has been or may be imposed. The unified review procedure
8.19 governs both pretrial and posttrial appellate review of death penalty cases.
8.20     Subd. 2. Writ of habeas corpus. Nothing in this section or in the rules of the supreme
8.21 court limits or restricts the grounds of review or suspends the rights or remedies available
8.22 through the procedures governing the writ of habeas corpus.
8.23   Sec. 9. [244A.09] STAY OF EXECUTION OF DEATH.
8.24     Subdivision 1. Governor or appeal. The execution of a death sentence may be stayed
8.25 only by the governor or incident to an appeal.
8.26     Subd. 2. Proceedings when inmate under sentence of death appears to be mentally
8.27 ill or pregnant. If the governor is informed that an inmate under sentence of death may be
8.28 mentally ill or pregnant, the governor must stay execution of the sentence and require the
8.29 sentencing court to order a mental or physical examination of the inmate, as appropriate.
Article 1 Sec. 9.  8
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9.1      Subd. 3. Examination and hearing. (a) If the court orders a mental examination of the
9.2  inmate, the court must appoint at least one qualified psychiatrist, clinical psychologist, or
9.3  physician experienced in the field of mental illness to examine the defendant and report on
9.4  the defendant's mental condition. If the inmate or prosecution has retained a qualified
9.5  psychiatrist, clinical psychologist, or physician experienced in the field of mental illness,
9.6  the court on request of the inmate or prosecuting attorney must direct that the psychiatrist,
9.7  clinical psychologist, or physician be permitted to observe the mental examination and to
9.8  conduct a mental examination of the inmate.
9.9      (b) At the conclusion of the mental examination, the examiner must submit a written
9.10 report to the court and send copies to the prosecuting attorney and defense attorney. The
9.11 report must contain a diagnosis of the inmate's mental condition and whether the inmate
9.12 has the mental capacity to understand the nature of the death penalty and the reasons why
9.13 it was imposed.
9.14     (c) If the court orders a physical examination, it must appoint a qualified physician to
9.15 examine the inmate and report on whether the inmate is pregnant.
9.16     (d) The hearing must be scheduled so that the parties have adequate time to prepare and
9.17 present arguments regarding the issue of mental illness or pregnancy. The parties may submit
9.18 written arguments to the court before the date of the hearing and may make oral arguments
9.19 before the court at the sentencing hearing. Before the hearing, the court must send to the
9.20 defendant or the defendant's attorney and the prosecuting attorney copies of the mental or
9.21 physical examination.
9.22     Subd. 4. Mental illness. (a) If the court decides that the inmate has the mental capacity
9.23 to understand the nature of the death penalty and why it was imposed, the court must inform
9.24 the governor. The governor must issue a warrant to the chief executive officer of the
9.25 maximum security facility where the execution is to be held directing the officer to execute
9.26 the sentence at a time designated in the warrant.
9.27     (b) If the court decides that the inmate does not have the mental capacity to understand
9.28 the nature of the death penalty and why it was imposed, the court must inform the governor.
9.29 The governor must have the inmate transferred to a secure treatment facility as defined in
9.30 section 253B.02, subdivision 18a.
9.31     (c) A person under sentence of death who has been transferred to a secure treatment
9.32 facility under paragraph (b) must be kept there until the Direct Care and Treatment executive
9.33 board determines that the person has been restored to mental capacity to understand the
9.34 nature of the death penalty and the reason it was imposed. The Direct Care and Treatment
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10.1  executive board must then notify the governor of the executive board's determination, and
10.2  the governor must request the sentencing court to proceed as provided in this section.
10.3      Subd. 5. Pregnancy. (a) If the court determines that the inmate is not pregnant, the court
10.4  must inform the governor. The governor must issue a warrant to the chief executive officer
10.5  of the maximum security facility where the execution is to be held directing the chief
10.6  executive officer to execute the sentence at a time designated in the warrant.
10.7      (b) If the court determines that the inmate is pregnant, the court must inform the governor.
10.8  The governor must stay execution of sentence during the pregnancy.
10.9      (c) If the court determines that an inmate whose execution has been stayed because of
10.10 pregnancy is no longer pregnant, the court must inform the governor. The governor must
10.11 issue a warrant to the chief executive officer directing the chief executive officer to execute
10.12 the sentence at a time designated in the warrant.
10.13   Sec. 10. [244A.10] GOVERNOR'S DUTIES; ISSUANCE OF DEATH WARRANT.
10.14     When notified by the supreme court under section 244A.07 that a death sentence has
10.15 been upheld, the governor must issue a death warrant, attach it to a copy of the record,
10.16 including the trial court's order of execution and the supreme court's affirming opinion, and
10.17 send it to the chief executive officer of the maximum security facility where the inmate
10.18 under sentence of death is being held. The warrant must direct that officer to execute the
10.19 sentence at a time designated in the warrant. When notified by the supreme court under
10.20 section 244A.07 that a death sentence has been set aside, the governor must order the
10.21 commissioner of corrections to remove the inmate under sentence of death from the unit
10.22 where inmates under sentence of death are confined and reassign the inmate consistent with
10.23 the supreme court's opinion.
10.24   Sec. 11. [244A.11] COMMISSIONER OF CORRECTIONS; DUTIES;
10.25 DESIGNATION OF PLACE OF EXECUTION.
10.26     Subdivision 1. Maximum security facilities. The commissioner of corrections must
10.27 designate one or more maximum security facilities at which executions of inmates under
10.28 death sentence take place. In each maximum security facility designated as a place where
10.29 executions take place, the commissioner must establish and maintain a unit for the segregated
10.30 confinement of inmates under sentence of death. The commissioner may establish a capital
10.31 punishment unit under the supervision of a deputy or assistant commissioner to administer
10.32 the functions relating to administering the death penalty under this chapter.
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11.1      Subd. 2. Place of execution. The chief executive officer of a maximum security facility
11.2  where executions take place must provide a suitable and efficient room or place in which
11.3  executions will be carried out that is enclosed from public view and contains all implements
11.4  necessary to executions. The chief executive officer must select the person to perform
11.5  executions and the chief executive officer or the officer's designee must supervise the
11.6  execution.
11.7      Subd. 3. Executioner's identity; private data. Information relating to the identity and
11.8  compensation of the executioner is private data on individuals as defined in section 13.02,
11.9  subdivision 12. The chief executive officer of the maximum security facility is not required
11.10 to record the name of an individual acting as an executioner or any information that could
11.11 identify that individual.
11.12     Subd. 4. Regulation of execution. The chief executive officer of the maximum security
11.13 facility holding an execution or a deputy designated by that officer must be present at the
11.14 execution. The chief executive officer must set the day for execution within the week
11.15 designated by the governor in the warrant.
11.16     Subd. 5. Witness to execution. Twelve citizens selected by the chief executive officer
11.17 must witness the execution. The chief executive officer must select six representatives of
11.18 the news media to witness the execution. Counsel for the inmate under sentence of death
11.19 and members of the clergy requested by the inmate may be present at the execution. All
11.20 other persons, except correctional facility officers and the executioner, must be excluded
11.21 during the execution.
11.22     Subd. 6. Reading death warrant. The warrant authorizing the execution must be read
11.23 to the convicted person immediately before death.
11.24     Subd. 7. Return of death warrant of execution issued by governor. After the death
11.25 sentence has been executed, the chief executive officer of the maximum security facility
11.26 where the execution took place must return to the governor the warrant and a signed statement
11.27 of the execution. The chief executive officer must file an attested copy of the warrant and
11.28 statement with the court administrator that imposed the sentence.
11.29     Subd. 8. Sentence of death unexecuted for unjustifiable reasons. If a death sentence
11.30 is not executed because of unjustified failure of the governor to issue a warrant or for any
11.31 other unjustifiable reason, on application of the attorney general, the supreme court must
11.32 issue a warrant directing the sentence to be executed during a week designated in the warrant.
11.33     Subd. 9. Return of warrant of execution issued by supreme court. After the sentence
11.34 has been executed under a warrant issued by the supreme court, the chief executive officer
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12.1  of the maximum security facility where the execution took place must return to the supreme
12.2  court the warrant and a signed statement of the execution. The chief executive officer must
12.3  file an attested copy of the warrant and statement with the court administrator that imposed
12.4  the sentence. The chief executive officer must send to the governor an attested copy of the
12.5  warrant and statement.
12.6    Sec. 12. [244A.12] ATTORNEY GENERAL ASSISTANCE.
12.7      The attorney general must assist in the prosecution of cases involving the death penalty
12.8  if requested to do so by the county attorney.
12.9    Sec. 13. EFFECTIVE DATE.
12.10     Sections 1 to 12 are effective August 1, 2026, and apply to crimes committed on or after
12.11 that date.
12.12ARTICLE 2
12.13COMMUTATION OF DEATH PENALTY SENTENCES
12.14   Section 1. [638.24] BOARD OF PARDONS; COMMUTATION OF DEATH
12.15 PENALTY SENTENCES.
12.16     Subdivision 1. Petitions. (a) The Board of Pardons must hear petitions for commutations
12.17 of death penalty sentences as provided in this subdivision.
12.18     (b) Only the person sentenced to death or the person's counsel may petition the board
12.19 for commutation. The petition must be in writing, be signed by the person sentenced to
12.20 death, and include a statement of the grounds upon which the petitioner seeks review.
12.21     (c) The state is permitted to respond in writing to the petition as may be established by
12.22 board rules under subdivision 4. The board must review the petition and determine whether
12.23 the petition presents a substantial issue that has not been reviewed in the judicial process.
12.24     (d) The board must not consider legal issues, including constitutional issues, that:
12.25     (1) have been reviewed previously by the courts;
12.26     (2) should have been raised during the judicial process; or
12.27     (3) if based on new information, are subject to judicial review.
12.28     (e) If the board does not find a substantial issue, the board must deny the hearing to the
12.29 petitioner. If the board finds a substantial issue, the board must conduct a hearing in which
 Article 2 Section 1.  12
 02/11/26  REVISOR        VH/CG  26-06342  as introduced
13.1  the petitioner and the state may present evidence and argument as may be provided by board
13.2  rules.
13.3      Subd. 2. Procedures. (a) A petition for commutation may be filed at any time after the
13.4  sentencing court has issued an order of execution after completion of an inmate's appeal
13.5  from conviction. For purposes of this subdivision, "appeal" does not include any action for
13.6  postconviction relief or any other form of collateral attack. The inmate must file the petition
13.7  no later than 23 days before the scheduled execution date and must mail a copy by United
13.8  States mail, postage prepaid, to the attorney representing the state. If the execution date is
13.9  stayed by any court between the time of the sentencing court's issuance of the warrant and
13.10 the beginning of the commutation hearing, the hearing must continue and the board must
13.11 render its decision in accordance with this section.
13.12     (b) The petition must include:
13.13     (1) the petitioner's name and the address of any attorney who is requesting the petitioner
13.14 in the commutation proceeding;
13.15     (2) a statement of reasons why the petitioner believes the sentence of death is not
13.16 appropriate due to the specific circumstances pertinent to the petitioner;
13.17     (3) whether any of the reasons stated as grounds for the petition have been reviewed in
13.18 the judicial process;
13.19     (4) if new information is alleged, a statement of why the information is considered new,
13.20 why it could not have been reviewed in the judicial process, and why the information is not
13.21 still subject to judicial review;
13.22     (5) if the petitioner has received one commutation hearing, the petition must include a
13.23 statement explaining what, if any, new and significant information exists that justifies a
13.24 second hearing; and
13.25     (6) copies of all written evidence upon which the petitioner intends to rely at the hearing,
13.26 along with the names of all witnesses the petitioner intends to call and a summary of the
13.27 anticipated testimony.
13.28     Subd. 3. Board action. (a) If the board grants the petition, a commutation hearing must
13.29 be scheduled as soon as reasonably possible.
13.30     (b) The board may temporarily stay an execution to fully hear the petition for
13.31 commutation.
 Article 2 Section 1.  13
 02/11/26  REVISOR        VH/CG  26-06342  as introduced
14.1      (c) Within seven days of receiving the petition, the attorney general or county attorney
14.2  must provide to the board and the petitioner copies of all written evidence, names of
14.3  witnesses, and summary of anticipated testimony. The board may request additional
14.4  information from either side.
14.5      (d) The day after receiving the state's response, the board must hold a prehearing
14.6  conference to limit the number of witnesses that each side calls, clarify issues that will be
14.7  addressed, and take whatever other action it considers necessary and appropriate to control
14.8  and direct proceedings.
14.9      (e) The board must place all witnesses under oath and may impose a time limit on each
14.10 side for presenting its case. During the hearing, the board may take whatever actions it
14.11 considers necessary and appropriate to maintain order.
14.12     (f) The board must reconvene in open session to announce and distribute its written
14.13 decision.
14.14     Subd. 4. Rules. The board must adopt rules to implement the commutation procedures
14.15 specified in this section.
14.16     Subd. 5. Decision. The board may decide that the sentence of death be allowed to stand
14.17 and be carried out in accordance with law or that the death sentence be commuted to life
14.18 without the possibility of release.
14.19     EFFECTIVE DATE. This section is effective August 1, 2026.
14.20ARTICLE 3
14.21TECHNICAL AMENDMENTS
14.22   Section 1. Minnesota Statutes 2024, section 243.05, subdivision 1, is amended to read:
14.23     Subdivision 1. Conditional release. (a) Except for a person sentenced to death under
14.24 section 244A.05, the Supervised Release Board may parole any person sentenced to
14.25 confinement in any state correctional facility for adults under the control of the commissioner
14.26 of corrections, provided that:
14.27     (1) no inmate serving a life sentence for committing murder before May 1, 1980, other
14.28 than murder committed in violation of clause (1) of section 609.185 who has not been
14.29 previously convicted of a felony shall be paroled without having served 20 years, less the
14.30 diminution that would have been allowed for good conduct had the sentence been for 20
14.31 years;
 Article 3 Section 1.  14
 02/11/26  REVISOR  VH/CG  26-06342  as introduced
15.1      (2) no inmate serving a life sentence for committing murder before May 1, 1980, who
15.2  has been previously convicted of a felony or though not previously convicted of a felony
15.3  is serving a life sentence for murder in the first degree committed in violation of clause (1)
15.4  of section 609.185 shall be paroled without having served 25 years, less the diminution
15.5  which would have been allowed for good conduct had the sentence been for 25 years;
15.6      (3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
15.7  had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
15.8      (4) any new rule or policy or change of rule or policy adopted by the commissioner of
15.9  corrections which has the effect of postponing eligibility for parole has prospective effect
15.10 only and applies only with respect to persons committing offenses after the effective date
15.11 of the new rule or policy or change.
15.12     (b) Upon being paroled and released, an inmate is and remains in the legal custody and
15.13 under the control of the commissioner, subject at any time to be returned to a facility of the
15.14 Department of Corrections established by law for the confinement or treatment of convicted
15.15 persons and the parole rescinded by the commissioner.
15.16     (c) The written order of the commissioner of corrections, is sufficient authority for any
15.17 peace officer, state correctional investigator, or state parole and probation agent to retake
15.18 and place in actual custody any person on parole or supervised release. In addition, when
15.19 it appears necessary in order to prevent escape or enforce discipline, any state parole and
15.20 probation agent or state correctional investigator may, without order of warrant, take and
15.21 detain a parolee or person on supervised release or work release and bring the person to the
15.22 commissioner for action.
15.23     (d) The written order of the commissioner of corrections is sufficient authority for any
15.24 peace officer, state correctional investigator, or state parole and probation agent to retake
15.25 and place in actual custody any person on probation under the supervision of the
15.26 commissioner pursuant to section 609.135. Additionally, when it appears necessary in order
15.27 to prevent escape or enforce discipline, any state parole and probation agent or state
15.28 correctional investigator may, without an order, retake and detain a probationer and bring
15.29 the probationer before the court for further proceedings under section 609.14.
15.30     (e) The written order of the commissioner of corrections is sufficient authority for any
15.31 peace officer, state correctional investigator, or state parole and probation agent to detain
15.32 any person on pretrial release who absconds from pretrial release or fails to abide by the
15.33 conditions of pretrial release.
 Article 3 Section 1.  15
 02/11/26  REVISOR       VH/CG  26-06342  as introduced
16.1      (f) Persons conditionally released, and those on probation under the supervision of the
16.2  commissioner of corrections pursuant to section 609.135 may be placed within or outside
16.3  the boundaries of the state at the discretion of the commissioner of corrections or the court,
16.4  and the limits fixed for these persons may be enlarged or reduced according to their conduct.
16.5      (g) Except as otherwise provided in subdivision 1b, in considering applications for
16.6  conditional release or discharge, the commissioner is not required to hear oral argument
16.7  from any attorney or other person not connected with an adult correctional facility of the
16.8  Department of Corrections in favor of or against the parole or release of any inmates. The
16.9  commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
16.10 as to the previous history, physical or mental condition, and character of the inmate and, to
16.11 that end, has the authority to require the attendance of the chief executive officer of any
16.12 state adult correctional facility and the production of the records of these facilities, and to
16.13 compel the attendance of witnesses. The commissioner is authorized to administer oaths to
16.14 witnesses for these purposes.
16.15     (h) Before revoking a nonviolent controlled substance offender's parole or probation
16.16 based on a technical violation, when the offender does not present a risk to the public and
16.17 the offender is amenable to continued supervision in the community, a parole or probation
16.18 agent must identify community options to address and correct the violation including, but
16.19 not limited to, inpatient substance use disorder treatment. If a probation or parole agent
16.20 determines that community options are appropriate and available in the state, the agent must
16.21 seek to restructure the offender's terms of release to incorporate those options. If an offender
16.22 on probation stipulates in writing to restructure the terms of release, a probation agent must
16.23 forward a report to the district court containing:
16.24     (1) the specific nature of the technical violation of probation;
16.25     (2) the recommended restructure to the terms of probation; and
16.26     (3) a copy of the offender's signed stipulation indicating that the offender consents to
16.27 the restructuring of probation.
16.28     (i) The recommended restructuring of probation becomes effective when confirmed by
16.29 a judge. The order of the court is proof of confirmation and amends the terms of the sentence
16.30 imposed by the court under section 609.135.
16.31     (j) If a nonviolent controlled substance offender's parole or probation is revoked, the
16.32 offender's agent must first attempt to place the offender in a local jail.
16.33     (k) For purposes of paragraphs (h) to (k):
 Article 3 Section 1.  16
 02/11/26  REVISOR  VH/CG  26-06342  as introduced
17.1      (1) "nonviolent controlled substance offender" means a person who meets the criteria
17.2  described under section 244.0513, subdivision 2, clauses (1), (2), and (5); and
17.3      (2) "technical violation" means any violation of a court order of probation or a condition
17.4  of parole, except an allegation of a subsequent criminal act that is alleged in a formal
17.5  complaint, citation, or petition.
17.6    Sec. 2. Minnesota Statutes 2024, section 609.10, subdivision 1, is amended to read:
17.7      Subdivision 1. Sentences available. (a) Upon conviction of a felony and compliance
17.8  with the other provisions of this chapter and chapter 244A the court, if it imposes sentence,
17.9  may sentence the defendant to the extent authorized by law as follows:
17.10     (1) to death; or
17.11     (2) to life imprisonment; or
17.12     (2) (3) to imprisonment for a fixed term of years set by the court; or
17.13     (3) (4) to both imprisonment for a fixed term of years and payment of a fine; or
17.14     (4) (5) to payment of a fine without imprisonment or as an intermediate sanction on a
17.15 stayed sentence; or
17.16     (5) (6) to payment of court-ordered restitution in addition to either imprisonment or
17.17 payment of a fine, or both; or
17.18     (6) (7) to payment of a local correctional fee as authorized under section 609.102 in
17.19 addition to any other sentence imposed by the court.
17.20     (b) If the court imposes a fine or orders restitution under paragraph (a), payment is due
17.21 on the date imposed unless the court otherwise establishes a due date or a payment plan.
17.22   Sec. 3. Minnesota Statutes 2024, section 609.106, is amended by adding a subdivision to
17.23 read:
17.24     Subd. 4. Capital punishment; alternative, life without the possibility of release. The
17.25 court must sentence a person to life without the possibility of release if:
17.26     (1) the defendant is convicted of a capital offense under section 244A.03;
17.27     (2) the defendant is eligible for the death penalty under chapter 244A; and
17.28     (3) the jury recommends under section 244A.05, subdivision 2, that the sentence of life
17.29 without the possibility of release be imposed.
 Article 3 Sec. 3.  17
 02/11/26  REVISOR  VH/CG  26-06342  as introduced
18.1    Sec. 4. Minnesota Statutes 2024, section 609.12, subdivision 1, is amended to read:
18.2      Subdivision 1. Authority; conditions. A person sentenced to the commissioner of
18.3  corrections for imprisonment for a period less than life may be paroled or discharged at any
18.4  time without regard to length of the term of imprisonment which the sentence imposes when
18.5  in the judgment of the Supervised Release Board, and under the conditions the board imposes,
18.6  the granting of parole or discharge would be most conducive to rehabilitation and would
18.7  be in the public interest. A person sentenced to death is not eligible for supervised release
18.8  or discharge at any time.
18.9    Sec. 5. Minnesota Statutes 2024, section 609.135, subdivision 1, is amended to read:
18.10     Subdivision 1. Terms and conditions. (a) Except when a sentence of death has been
18.11 imposed under chapter 244A, a life imprisonment sentence is required by law, or when a
18.12 mandatory minimum sentence is required by section 609.11, any court may stay imposition
18.13 or execution of sentence and:
18.14     (1) may order intermediate sanctions without placing the defendant on probation; or
18.15     (2) may place the defendant on probation with or without supervision and on the terms
18.16 the court prescribes, including intermediate sanctions when practicable. The court may order
18.17 the supervision to be under the probation officer of the court, or, if there is none and the
18.18 conviction is for a felony or gross misdemeanor, by the commissioner of corrections, or in
18.19 any case by some other suitable and consenting person. Unless the court directs otherwise,
18.20 state parole and probation agents and probation officers may impose community work
18.21 service or probation violation sanctions, consistent with section 243.05, subdivision 1, or
18.22 sections 244.197 to 244.199.
18.23     No intermediate sanction may be ordered performed at a location that fails to observe
18.24 applicable requirements or standards of chapter 181A or 182, or any rule promulgated under
18.25 them.
18.26     (b) For purposes of this subdivision, subdivision 6, and section 609.14, the term
18.27 "intermediate sanctions" includes but is not limited to incarceration in a local jail or
18.28 workhouse, home detention, electronic monitoring, intensive probation, sentencing to service,
18.29 reporting to a day reporting center, chemical dependency or mental health treatment or
18.30 counseling, restitution, fines, day-fines, community work service, work service in a restorative
18.31 justice program, work in lieu of or to work off fines and, with the victim's consent, work in
18.32 lieu of or to work off restitution.
 Article 3 Sec. 5.  18
 02/11/26  REVISOR  VH/CG  26-06342  as introduced
19.1(c) A court may not stay the revocation of the driver's license of a person convicted of
19.2  violating the provisions of section 169A.20.
19.3(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, payment
19.4  is due on the date imposed unless the court otherwise establishes a due date or a payment
19.5  plan.
19.6(e) The court may prohibit a defendant from using adult-use cannabis flower as defined
19.7  in section 342.01, subdivision 4, or adult-use cannabis products as defined in section 342.01,
19.8  subdivision 2, if the defendant undergoes a chemical use assessment and abstinence is
19.9  consistent with a recommended level of care for the defendant in accordance with the criteria
19.10 under section 254B.04, subdivision 4. The assessment must be conducted by an assessor
19.11 qualified under section 245G.11, subdivisions 1 and 5.
19.12(f) A court shall not impose an intermediate sanction that has the effect of prohibiting
19.13 a person from participating in the registry program as defined in section 342.01, subdivision
19.14 63.
19.15   Sec. 6. Minnesota Statutes 2024, section 609.185, is amended to read:
19.16609.185 MURDER IN THE FIRST DEGREE.
19.17(a) Whoever does any of the following is guilty of murder in the first degree and shall,
19.18 unless sentenced to death under section 244A.05, be sentenced to imprisonment for life:
19.19(1) causes the death of a human being with premeditation and with intent to effect the
19.20 death of the person or of another;
19.21(2) causes the death of a human being while committing or attempting to commit criminal
19.22 sexual conduct in the first or second degree with force or violence, either upon or affecting
19.23 the person or another;
19.24(3) causes the death of a human being with intent to effect the death of the person or
19.25 another, while committing or attempting to commit burglary, aggravated robbery, carjacking
19.26 in the first or second degree, kidnapping, arson in the first or second degree, a drive-by
19.27 shooting, tampering with a witness in the first degree, escape from custody, or any felony
19.28 violation of chapter 152 involving the unlawful sale of a controlled substance;
19.29(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed
19.30 at a Minnesota state or local correctional facility, with intent to effect the death of that person
19.31 or another, while the person is engaged in the performance of official duties;
 Article 3 Sec. 6.  19
 02/11/26  REVISOR  VH/CG  26-06342  as introduced
20.1      (5) causes the death of a minor while committing child abuse, when the perpetrator has
20.2  engaged in a past pattern of child abuse upon a child and the death occurs under
20.3  circumstances manifesting an extreme indifference to human life;
20.4      (6) causes the death of a human being while committing domestic abuse, when the
20.5  perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another
20.6  family or household member and the death occurs under circumstances manifesting an
20.7  extreme indifference to human life; or
20.8      (7) causes the death of a human being while committing, conspiring to commit, or
20.9  attempting to commit a felony crime to further terrorism and the death occurs under
20.10 circumstances manifesting an extreme indifference to human life.
20.11     (b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning
20.12 given in section 609.221, subdivision 6, clause (4).
20.13     (c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section
20.14 609.221, subdivision 6, clause (5).
20.15     (d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed
20.16 against a minor victim that constitutes a violation of the following laws of this state or any
20.17 similar laws of the United States or any other state: section 609.221; 609.222; 609.223;
20.18 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.
20.19     (e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:
20.20     (1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
20.21 609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
20.22 any other state; and
20.23     (2) is committed against the victim who is a family or household member as defined in
20.24 section 518B.01, subdivision 2, paragraph (b).
20.25     (f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given
20.26 in section 609.714, subdivision 1.
20.27   Sec. 7. EFFECTIVE DATE.
20.28     Sections 1 to 6 are effective August 1, 2026, and apply to crimes committed on or after
20.29 that date.
 Article 3 Sec. 7.  20
  APPENDIX
  Article locations for 26-06342
ARTICLE 1   DEATH PENALTY PROCEDURES..................................................... Page.Ln 1.13
ARTICLE 2   COMMUTATION OF DEATH PENALTY SENTENCES.................... Page.Ln 12.12
ARTICLE 3   TECHNICAL AMENDMENTS............................................................ Page.Ln 14.20
1