This bill amends Minnesota Statutes 2024, section 609.115, by adding a new subdivision that addresses the inclusion of information related to traumatic brain injury in presentence investigation reports. When a defendant is convicted of a felony, the court is required to inquire about any history of stroke or traumatic brain injury. If such a history is present and the court suspects that the defendant may have a mental impairment affecting their judgment at the time of the offense, a neuropsychological examination must be ordered unless a recent examination has already been conducted under specific conditions.

The new provisions outline the criteria for when an updated neuropsychological examination is not necessary, including the age of the defendant at the time of the previous examination and the timing of the most recent stroke or brain injury. Additionally, the court is permitted to consider relevant information from the examination and recommendations from medical or mental health professionals during sentencing to assess the defendant's capacity for judgment related to their mental impairment.

Statutes affected:
Introduction: 609.115