1.1.................... moves to amend H.F. No. 3156, the second engrossment, as follows:
1.2Page 7, after line 6, insert:

1.3    "Sec. .... Minnesota Statutes 2018, section 609.115, is amended by adding a subdivision
1.4to read:
1.5    Subd. 11. Traumatic brain injury. (a) When a defendant appears in court and is
1.6convicted of a felony, the court shall inquire whether the defendant has a history of stroke,
1.7traumatic brain injury, or fetal alcohol spectrum disorder.
1.8(b) If the defendant has a history of stroke, traumatic brain injury, or fetal alcohol
1.9spectrum disorder and the court believes that the offender may have a mental impairment
1.10that caused the offender to lack substantial capacity for judgment when the offense was
1.11committed, the court shall order that the offender undergo a neuropsychological examination
1.12unless the offender has had a recent examination as described in paragraph (c). The report
1.13prepared under subdivision 1 shall contain the results of the examination ordered by the
1.14court or the recent examination and the officer preparing the report may consult with any
1.15medical provider, mental health professional, or other agency or person with suitable
1.16knowledge or experience for the purpose of providing the court with information regarding
1.17treatment and case management options available to the defendant.
1.18(c) An updated neuropsychological examination is not required under this subdivision
1.19if:
1.20(1) the person had a previous examination when the person was at least 25 years of age;
1.21(2) the examination took place at least 18 months after the person's most recent stroke
1.22or traumatic brain injury; and
1.23(3) the examination took place within the previous three years.
2.1(d) At sentencing, the court may consider any relevant information including but not
2.2limited to the information provided pursuant to paragraph (b) and the recommendations of
2.3any diagnosing or treating medical providers or mental health professionals to determine
2.4whether the offender, because of mental impairment resulting from a stroke, traumatic brain
2.5injury, or fetal alcohol spectrum disorder, lacked substantial capacity for judgment when
2.6the offense was committed."
2.7Renumber the sections in sequence and correct the internal references
2.8Amend the title as follows:
2.9Page 1, line 5, after the semicolon, insert "authorizing presentence investigation reports
2.10to include information related to brain injury;"
2.11Correct the title numbers accordingly