as introduced - 88th Legislature (2013 - 2014) Posted on 02/27/2014 03:27pm
A bill for an act
relating to judiciary; providing that the fine amount for a payable offense does
not override the level of offense established in law; amending Minnesota Statutes
2012, section 609.101, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2012, section 609.101, subdivision 4, is amended to read:
Notwithstanding any other law:
(1) when a court sentences a person convicted of a felony that is not listed in
subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine
authorized by law nor more than the maximum fine authorized by law; and
(2) when a court sentences a person convicted of a gross misdemeanor or
misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than
30 percent of the maximum fine authorized by law nor more than the maximum fine
authorized by law, unless the fine is set at a lower amount on a uniform fine schedule
established by the Judicial Council in consultation with affected state and local agencies.
This schedule shall be promulgated not later than September 1 of each year and shall
become effective on January 1 of the next year unless the legislature, by law, provides
otherwisenew text begin , but in no instance shall a fine established by the Judicial Council have the effect
of overriding the level of offense as established by lawnew text end .
The minimum fine required by this subdivision is in addition to the surcharge or
assessment required by section 357.021, subdivision 6, and is in addition to any sentence
of imprisonment or restitution imposed or ordered by the court.