SF 2417

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2012 08:53am

A bill for an act
relating to public safety; requiring that a penalty assessment be imposed on
DWI offenders and using the money raised for spinal cord injury and traumatic
brain injury research grants; establishing a special revenue account; requiring
reports; appropriating money; proposing coding for new law in Minnesota
Statutes, chapters 145; 169A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [145.999] SPINAL CORD INJURY AND TRAUMATIC BRAIN
INJURY RESEARCH ACCOUNT; RESEARCH GRANT PROGRAM;
LEGISLATIVE REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Account established. new text end

new text begin The spinal cord injury and traumatic brain
injury research account is a special revenue account in the state treasury. The account
consists of proceeds from the DWI penalty assessment collected under section 169A.271.
new text end

new text begin Subd. 2. new text end

new text begin Grant program; legislative reports. new text end

new text begin (a) The commissioner of health may
make grants to organizations and individuals to conduct research into spinal cord injury
and traumatic brain injury. The research funded may include finding new treatments and
education, prevention, and rehabilitative efforts for these injuries.
new text end

new text begin (b) By January 15 of each year, the commissioner shall report to the chairs and
ranking minority members of the senate and house of representatives committees having
jurisdiction over health care and criminal justice policy and funding. At a minimum, the
report must specify the amount of money deposited into the account during the preceding
year and provide information on the grants awarded under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 2.

new text begin [169A.271] DWI PENALTY ASSESSMENT.
new text end

new text begin (a) For every offender convicted of violating section 169A.20 (driving while
impaired), the court shall impose and the court administrator shall collect a penalty
assessment. The assessment is in addition to any criminal fine, surcharge, or other fee
imposed on the offender. The assessment must be imposed whether or not the offender is
incarcerated for the offense or the sentence is stayed. The amount of the assessment is:
new text end

new text begin (1) $25 for an offender sentenced under section 169A.27 (fourth-degree driving
while impaired); and
new text end

new text begin (2) $50 for an offender sentenced under section 169A.24 (first-degree driving while
impaired); 169A.25 (second-degree driving while impaired); or 169A.26 (third-degree
driving while impaired).
new text end

new text begin (b) If the court fails to impose an assessment as required by this section, the court
administrator shall show the imposition of the assessment, collect the assessment, and
correct the record.
new text end

new text begin (c) The court may not waive payment of the assessment required under this section.
Upon a showing of indigency or undue hardship upon the convicted person or the
convicted person's immediate family, the sentencing court may authorize payment of
the assessment in installments.
new text end

new text begin (d) The court administrator or other entity collecting an assessment shall forward it
to the commissioner of management and budget who shall deposit it into the spinal cord
injury and traumatic brain injury research account described in section 145.999.
new text end

new text begin (e) If the convicted person is sentenced to incarceration and has not paid the
assessment before the term of incarceration begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
assessment from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the court administrator or other entity collecting the assessment imposed by
the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012, and applies to crimes
committed on or after that date.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the spinal cord injury and traumatic brain injury research
account in the special revenue fund to the commissioner of health for the fiscal year ending
June 30, 2013, to make the grants authorized in Minnesota Statutes, section 145.999.
new text end