US Laws, Codes, Statutes & Cases

     631.046 Authorizing presence of support person for minor 
  prosecuting witness. 

    Subdivision 1.    Child abuse and violent crime cases.  
 Notwithstanding any other law, a prosecuting witness under 18 
 years of age in a case involving child abuse as defined in 
 section 630.36, subdivision 2, a crime of violence, as defined 
 in section 624.712, subdivision 5, or an assault under section 
 609.224 or 609.2242, may choose to have in attendance or be 
 accompanied by a parent, guardian, or other supportive person, 
 whether or not a witness, at the omnibus hearing or at the 
 trial, during testimony of the prosecuting witness.  If the 
 person so chosen is also a prosecuting witness, the prosecution 
 shall present on noticed motion, evidence that the person's 
 attendance is both desired by the prosecuting witness for 
 support and will be helpful to the prosecuting witness.  Upon 
 that showing the court shall grant the request unless 
 information presented by the defendant or noticed by the court 
 establishes that the support person's attendance during the 
 testimony of the prosecuting witness would pose a substantial 
 risk of influencing or affecting the content of that testimony. 

    Subd. 2.    Other cases.  Notwithstanding any other law, 
 a prosecuting witness in any case involving criminal sexual 
 conduct as defined in sections 609.342, 609.343, 609.344, and 
 609.345 may choose to be accompanied by a supportive person, 
 whether or not a witness, at the omnibus or other pretrial 
 hearing.  If the supportive person is also a witness, the 
 prosecution and the court shall follow the motion procedure 
 outlined in subdivision 1 to determine whether or not the 
 supportive person's presence will be permitted. 

    HIST: 1985 c 286 s 23; 1986 c 463 s 21; 1993 c 326 art 6 s 24; 
 1995 c 259 art 3 s 26 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.