Minnesota Statutes 611A.035 – Confidentiality of Victim’s Address
Subdivision 1.Discretion of prosecutor not to disclose.
(a) A prosecutor may elect not to disclose a victim’s or witness’s home or employment address, telephone number, or date of birth if the prosecutor certifies to the trial court that:
Terms Used In Minnesota Statutes 611A.035
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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, telephone number, or date of birth is not relevant to the prosecution’s case.
(b) If such a certification is made, the prosecutor must make a motion with proper notice 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 contact the victim or witness to arrange a confidential meeting between defense counsel, or defense counsel’s agent, and the victim or witness, at a neutral location, if the victim or witness consents to a meeting.
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, telephone number, or the date of birth of the victim or witness on the record in open court unless the court finds that the testimony would be relevant evidence.