HF 2947

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/03/2022 04:33pm

A bill for an act
relating to judiciary; making money bail the property of the person who deposited
it; requiring an affidavit from a third party who deposits money bail on behalf of
a defendant; directing the court administrator to file certain affidavits; classifying
data; amending Minnesota Statutes 2020, sections 13.82, subdivision 2; 629.53;
proposing coding for new law in Minnesota Statutes, chapter 387.

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

Section 1.

Minnesota Statutes 2020, section 13.82, subdivision 2, is amended to read:

Subd. 2.

Arrest data.

The following data created or collected by law enforcement
agencies which document any actions taken by them to cite, arrest, incarcerate or otherwise
substantially deprive an adult individual of liberty shall be public at all times in the
originating agency:

(a) time, date and place of the action;

(b) any resistance encountered by the agency;

(c) any pursuit engaged in by the agency;

(d) whether any weapons were used by the agency or other individual;

(e) the charge, arrest or search warrants, or other legal basis for the action;

(f) the identities of the agencies, units within the agencies and individual persons taking
the action;

(g) whether and where the individual is being held in custody or is being incarcerated
by the agency;

(h) the date, time and legal basis for any transfer of custody and the identity of the agency
or person who received custody;

(i) the date, time and legal basis for any release from custody or incarceration new text begin including,
to the extent known, the identity and residence or post office address of any person or entity
who deposited money bail to secure the release of the individual who was held in custody new text end ;

(j) the name, age, sex and last known address of an adult person or the age and sex of
any juvenile person cited, arrested, incarcerated or otherwise substantially deprived of
liberty;

(k) whether the agency employed a portable recording system, automated license plate
reader, wiretaps or other eavesdropping techniques, unless the release of this specific data
would jeopardize an ongoing investigation;

(l) the manner in which the agencies received the information that led to the arrest and
the names of individuals who supplied the information unless the identities of those
individuals qualify for protection under subdivision 17; and

(m) response or incident report number.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to individuals
released on or after that date.
new text end

Sec. 2.

new text begin [387.115] COUNTY JAIL; ACCEPTANCE OF BAIL AND OTHER
SURETIES.
new text end

new text begin (a) Consistent with any order of the district court or the district court bail process or
schedule, the sheriff or other officer of the county jail may accept any of the following to
secure the release of a person held in the custody of the county jail:
new text end

new text begin (1) money bail;
new text end

new text begin (2) personal surety upon any bond, recognizance, or undertaking; or
new text end

new text begin (3) a surety bond, recognizance, or undertaking executed by a corporation authorized
by law to execute bonds, recognizances, or undertakings.
new text end

new text begin (b) If the sheriff or other officer of the county jail accepts money bail deposited by a
third person, the sheriff or other officer must require submission of the affidavit required
under section 629.53, paragraph (b).
new text end

new text begin (c) Upon release of a person held in the custody of the county jail, the sheriff or other
officer of the county jail shall transmit the bond, value of any money bail, and any affidavit
received under paragraph (b) to the court administrator of the district court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to bonds,
money bail, and affidavits received on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 629.53, is amended to read:

629.53 PROVIDING RELEASE ON BAIL; COMMITMENT.

new text begin (a) new text end A person charged with a criminal offense may be released with or without bail in
accordance with rule 6.02 of the Rules of Criminal Procedure. Money bail is the property
of the deleted text begin accused, whether deposited by that person or by a third deleted text end person new text begin who deposited it new text end on
the accused's behalf. When money bail is accepted by a judge, that judge shall order it to
be deposited with the court administrator. The court administrator shall retain it until the
final disposition of the case and the final order of the court disposing of the case. Upon
release, the amount released must be paid to the deleted text begin accused personally or upon that person's
written order deleted text end new text begin person who deposited it new text end . In case of conviction, the judge may order the money
bail deleted text begin deposit deleted text end new text begin deposited by the accused new text end to be applied to any fine or restitution imposed on the
defendant by the court and, if the fine or restitution is less than the deposit, order the balance
to be paid to the defendant. new text begin Money bail deposited by a third person on the accused's behalf
must be returned to the person who deposited it. new text end Money bail deposited with the court or any
officer of it is exempt from garnishment or levy under attachment or execution.

new text begin (b) A third person depositing money bail to secure the appearance of a defendant in a
criminal case shall make an affidavit, to be submitted at the time bail is deposited, stating:
new text end

new text begin (1) the full name of the person or organization depositing the money bail; and
new text end

new text begin (2) the residence or post office address of the person or organization depositing the
money bail.
new text end

new text begin (c) When the court administrator receives the affidavit required under paragraph (b)
from a third person depositing money bail or from a county jail, the court administrator
must file the affidavit in the case for which money bail was posted. The information in the
affidavit shall be available to the public through remote access to court records.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to money
bail deposited on or after that date.
new text end