HF 1194

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; increasing the surcharge 
  1.3             on criminal and traffic offenders and using this money 
  1.4             to supplement the operating funds of the law 
  1.5             enforcement agency responsible for the conviction; 
  1.6             amending Minnesota Statutes 2002, section 357.021, 
  1.7             subdivisions 6, 7.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 357.021, 
  1.10  subdivision 6, is amended to read: 
  1.11     Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
  1.12  (a) The court shall impose and the court administrator shall 
  1.13  collect a $35 $60 surcharge on every person convicted of any 
  1.14  felony, gross misdemeanor, misdemeanor, or petty misdemeanor 
  1.15  offense, other than a violation of a law or ordinance relating 
  1.16  to vehicle parking.  The surcharge shall be imposed whether or 
  1.17  not the person is sentenced to imprisonment or the sentence is 
  1.18  stayed.  
  1.19     (b) If the court fails to impose a surcharge as required by 
  1.20  this subdivision, the court administrator shall show the 
  1.21  imposition of the surcharge, collect the surcharge and correct 
  1.22  the record. 
  1.23     (c) The court may not waive payment of the surcharge 
  1.24  required under this subdivision.  Upon a showing of indigency or 
  1.25  undue hardship upon the convicted person or the convicted 
  1.26  person's immediate family, the sentencing court may authorize 
  2.1   payment of the surcharge in installments. 
  2.2      (d) The court administrator or other entity collecting a 
  2.3   surcharge shall forward it to the state treasurer. 
  2.4      (e) If the convicted person is sentenced to imprisonment 
  2.5   and has not paid the surcharge before the term of imprisonment 
  2.6   begins, the chief executive officer of the correctional facility 
  2.7   in which the convicted person is incarcerated shall collect the 
  2.8   surcharge from any earnings the inmate accrues from work 
  2.9   performed in the facility or while on conditional release.  The 
  2.10  chief executive officer shall forward the amount collected to 
  2.11  the state treasurer. 
  2.12     Sec. 2.  Minnesota Statutes 2002, section 357.021, 
  2.13  subdivision 7, is amended to read: 
  2.14     Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 
  2.15  (a) Except as provided in paragraphs (b) and, (c), and (d), the 
  2.16  state treasurer shall disburse surcharges received under 
  2.17  subdivision 6 and section 97A.065, subdivision 2, as follows: 
  2.18     (1) one percent shall be credited to the game and fish fund 
  2.19  to provide peace officer training for employees of the 
  2.20  department of natural resources who are licensed under sections 
  2.21  626.84 to 626.863, and who possess peace officer authority for 
  2.22  the purpose of enforcing game and fish laws; 
  2.23     (2) 39 percent shall be credited to the peace officers 
  2.24  training account in the special revenue fund; and 
  2.25     (3) 60 percent shall be credited to the general fund.  
  2.26     (b) The state treasurer shall credit $3 of each surcharge 
  2.27  received under subdivision 6 and section 97A.065, subdivision 2, 
  2.28  to a criminal justice special projects account in the special 
  2.29  revenue fund.  This account is available for appropriation to 
  2.30  the commissioner of public safety for grants to law enforcement 
  2.31  agencies and for other purposes authorized by the legislature. 
  2.32     (c) $25 of each surcharge received under subdivision 6 and 
  2.33  section 97A.065, subdivision 2, must be forwarded to the law 
  2.34  enforcement agency that was responsible for the conviction 
  2.35  resulting in the surcharge for deposit as a supplement to the 
  2.36  agency's operating fund.  If two or more agencies were 
  3.1   responsible for the conviction, the surcharge must be divided 
  3.2   among the agencies.  
  3.3      (d) In addition to any amounts credited under paragraph 
  3.4   (a), the state treasurer shall credit $7 of each surcharge 
  3.5   received under subdivision 6 and section 97A.065, subdivision 2, 
  3.6   to the general fund. 
  3.7      Sec. 3.  [EFFECTIVE DATE.] 
  3.8      Sections 1 and 2 are effective July 1, 2003, and apply to 
  3.9   crimes committed on or after that date.