HF 732

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; requiring offenders convicted for 
  1.3             failure to appear after release to pay costs incurred 
  1.4             by the prosecuting authority or governmental agency 
  1.5             due to the failure to appear; amending Minnesota 
  1.6             Statutes 1998, section 609.49, subdivisions 1, 2, and 
  1.7             by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 609.49, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [FELONY OFFENDERS.] (a) A person charged 
  1.12  with or convicted of a felony and released from custody, with or 
  1.13  without bail or recognizance, on condition that the releasee 
  1.14  personally appear when required with respect to the charge or 
  1.15  conviction, who intentionally fails to appear when required 
  1.16  after having been notified that a failure to appear for a court 
  1.17  appearance is a criminal offense, or after having been released 
  1.18  on an order or condition that the releasee personally appear 
  1.19  when required with respect to the charge or conviction, is 
  1.20  guilty of a crime for failure to appear and may be sentenced to 
  1.21  not more than one-half of the maximum term of imprisonment or 
  1.22  fine, or both, provided for the underlying crime for which the 
  1.23  person failed to appear, but this maximum sentence shall, in no 
  1.24  case, be less than a term of imprisonment of one year and one 
  1.25  day or a fine of $1,500, or both. 
  1.26     (b) A felony charge under this subdivision may be filed 
  2.1   upon the person's nonappearance.  However, the charge must be 
  2.2   dismissed if the person who fails to appear voluntarily 
  2.3   surrenders within 48 hours after the time required for 
  2.4   appearance.  This paragraph does not apply if the offender 
  2.5   appears as a result of being apprehended by law enforcement 
  2.6   authorities.  
  2.7      Sec. 2.  Minnesota Statutes 1998, section 609.49, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  [GROSS MISDEMEANOR AND MISDEMEANOR OFFENDERS.] A 
  2.10  person charged with a gross misdemeanor or misdemeanor who 
  2.11  intentionally fails to appear in court for trial on the charge 
  2.12  after having been notified that a failure to appear for a court 
  2.13  appearance is a criminal offense, or after having been released 
  2.14  on an order or condition that the releasee personally appear for 
  2.15  trial when required with respect to the charge, is guilty of a 
  2.16  misdemeanor.  
  2.17     Sec. 3.  Minnesota Statutes 1998, section 609.49, is 
  2.18  amended by adding a subdivision to read: 
  2.19     Subd. 5.  [REIMBURSEMENT FOR COSTS.] Upon conviction of a 
  2.20  defendant for a violation of subdivision 1 or 2, the court may 
  2.21  order as part of the sentence that the defendant pay the costs 
  2.22  incurred by the prosecuting authority or governmental agency due 
  2.23  to the defendant's failure to appear.  The court may order this 
  2.24  payment in addition to any other penalty authorized by law which 
  2.25  it may impose.  The order for payment of these costs may be 
  2.26  enforced in the same manner as the sentence, or by execution 
  2.27  against property.  When collected, the costs must be paid into 
  2.28  the treasury of the county of conviction. 
  2.29     Sec. 4.  [EFFECTIVE DATE.] 
  2.30     Sections 1 to 3 are effective August 1, 1999, and apply to 
  2.31  crimes committed on or after that date.