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611A.035 Confidentiality of victim's address.

Subdivision 1. Discretion of prosecutor not to disclose. A prosecutor may elect not to disclose a victim's or witness's home or employment address or telephone number if the prosecutor certifies to the trial court that:

(1) the defendant or respondent has been charged with or alleged to have committed a crime;

(2) the nondisclosure is needed to address the victim's or witness's concerns about safety or security; and

(3) the victim's or witness's home or employment address or telephone number is not relevant to the prosecution's case.

If such a certification is made, the prosecutor must move at a contested hearing for the court's permission to continue to withhold this information.

The court shall either:

(1) order the information disclosed to defense counsel, but order it not disclosed to the defendant; or

(2) order the prosecutor to arrange a confidential meeting between defense counsel, or defense council's agent, and the victim or witness, at a neutral location.

This subdivision shall not be construed to compel a victim or witness to give any statement to or attend any meeting with defense counsel or defense counsel's agent.

Subd. 2. Witness testimony in court. No victim or witness providing testimony in court proceedings may be compelled to state a home or employment address on the record in open court unless the court finds that the testimony would be relevant evidence.

HIST: 1986 c 444; 1986 c 463 s 8; 1987 c 331 s 11; 1997 c 239 art 7 s 20

Official Publication of the State of Minnesota
Revisor of Statutes