Minnesota Legislature
HF 1827
1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:55am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/18/2009 | |
| 1st Engrossment | Posted on 03/30/2009 |
Current Version - 1st Engrossment
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A bill for an act
relating to courts; enforcing judicial sanctions, including fines, fees, and
surcharges; modifying requirement to supply judges; amending Minnesota
Statutes 2008, sections 2.724, subdivisions 2, 3; 86B.705, subdivision 2;
134A.09, subdivision 2a; 134A.10, subdivision 3; 152.025, subdivisions 1,
2; 152.0262, subdivision 1; 169A.20, subdivision 1, by adding subdivisions;
169A.284; 299D.03, subdivision 5; 357.021, subdivision 6; 364.08; 375.14;
480.15, by adding a subdivision; 484.85; 484.90, subdivision 6; 491A.02,
subdivision 9; 525.091, subdivision 1; 550.011; 609.10, subdivision 1; 609.101,
subdivision 4; 609.125, subdivision 1; 609.131, subdivision 3; 609.135,
subdivisions 1, 1a, 2; 631.48; proposing coding for new law in Minnesota
Statutes, chapter 609; repealing Minnesota Statutes 2008, sections 152.025,
subdivision 3; 152.0262, subdivision 2; 484.90, subdivisions 1, 2, 3; 487.08,
subdivisions 1, 2, 3, 5; 609.135, subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read:
Subd. 2.
Procedure.
To promote and secure more efficient administration of justice,
the chief justice of the Supreme Court of the state shall supervise and coordinate the work
of the courts of the state. The Supreme Court may provide by rule that the chief justice not
be required to write opinions as a member of the Supreme Court. Its rules may further
provide for it to hear and consider cases in divisions. It may by rule assign temporarily
any retired justice of the Supreme Court or one judge of the Court of Appeals or district
court judge at a time to act as a justice of the Supreme Court or any number of justices
or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon
the assignment of a Court of Appeals judge or a district court judge to act as a justice of
the Supreme Court, a judge previously acting as a justice may complete unfinished duties
of that position. Any number of justices may disqualify themselves from hearing and
considering a case, in which event the Supreme Court may assign temporarily a retired
justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear
and consider the case in place of each disqualified justice. deleted text begin A retired justice who is acting
as a justice of the Supreme Court or judge of the Court of Appeals under this section shall
receive, in addition to retirement pay, out of the general fund of the state, an amount to
make the retired justice's total compensation equal to the same salary as a justice or judge
of the court on which the justice is acting.
deleted text end
Sec. 2.
Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read:
Subd. 3.
Retired justices and judges.
(a) The chief justice of the Supreme Court
may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court
pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a
retired judge of any court to act as a judge of any court except the Supreme Court. The
chief justice of the Supreme Court shall determine the pay and expenses to be received by
anew text begin justice ornew text end judge acting pursuant to this paragraph.
(b) A judge who has been elected to office and who has retired as a judge in good
standing and is not practicing law may also be appointed to serve as judge of any court
except the Supreme Court. A retired judge acting under this paragraph will receive pay
and expenses in the amount established by the Supreme Court.
Sec. 3.
Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read:
Subd. 2.
Fines and bail money.
(a) All fines, installment payments, and forfeited
bail money collected from persons convicted of violations of this chapter or rules adopted
thereunder, or of a violation of section 169A.20 involving a motorboat, shall be deleted text begin paid to
the county treasurer of the county where the violation occurred by the court administrator
or other person collecting the money within 15 days after the last day of the month the
money was collecteddeleted text end new text begin deposited in the state treasurynew text end .
(b) One-half of the receipts shall be credited to the general revenue fund deleted text begin of the
countydeleted text end . The other one-half of the receipts shall be transmitted deleted text begin by the county treasurerdeleted text end to
the commissioner of natural resources deleted text begin to be deposited in the state treasurydeleted text end and credited to
the water recreation account for the purpose of boat and water safety.
Sec. 4.
Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read:
Subd. 2a.
Petty misdemeanor cases and criminal convictions; fee assessment.
In
Hennepin County and Ramsey County, the district court administrator or a designee may,
upon the recommendation of the board of trustees and by standing order of the judges
of the district court, include in the costs or disbursements assessed against a defendant
convicted in the district court of the violation of a statute or municipal ordinance, a county
law library fee. This fee may be collected in all petty misdemeanor cases and criminal
prosecutions in which, upon conviction, the defendant may be subject to the payment of
the costs or disbursements in addition to a fine or other penalty.new text begin When a defendant is
convicted of more than one offense in a case, the county law library fee shall be imposed
only once in that case.
new text end
Sec. 5.
Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read:
Subd. 3.
Petty misdemeanor cases and criminal convictions; fee assessment.
The judge of district court may, upon the recommendation of the board of trustees and
by standing order, include in the costs or disbursements assessed against a defendant
convicted in the district court of the violation of any statute or municipal ordinance, in
all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the
defendant may be subject to the payment of the costs or disbursements in addition to a fine
or other penalty a county law library fee.new text begin When a defendant is convicted of more than one
offense in a case, the county law library fee shall be imposed only once in that case.new text end The
item of costs or disbursements may not be assessed for any offense committed prior to the
establishment of the county law library.
Sec. 6.
Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read:
Subdivision 1.
Sale crimes.
new text begin (a) new text end A person is guilty of controlled substance crime in
the fifth degreenew text begin and if convicted may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or bothnew text end if:
(1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
(2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in schedule IV.
new text begin
(b) A person is guilty of controlled substance crime in the fifth degree and if the
conviction is a subsequent controlled substance conviction, a person convicted shall be
committed to the commissioner of corrections or to a local correctional authority for
not less than six months nor more than ten years and, in addition, may be sentenced to
payment of a fine of not more than $20,000 if:
new text end
new text begin
(1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
new text end
new text begin
(2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in schedule IV.
new text end
Sec. 7.
Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:
Subd. 2.
Possession and other crimes.
new text begin (a) new text end A person is guilty of controlled
substance crime in the fifth degreenew text begin and if convicted may be sentenced to imprisonment for
not more than five years or to payment of a fine of not more than $10,000, or bothnew text end if:
(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
(2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
new text begin
(b) A person is guilty of controlled substance crime in the fifth degree and if the
conviction is a subsequent controlled substance conviction, a person convicted shall be
committed to the commissioner of corrections or to a local correctional authority for
not less than six months nor more than ten years and, in addition, may be sentenced to
payment of a fine of not more than $20,000 if:
new text end
new text begin
(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
new text end
new text begin
(2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:
new text end
new text begin
(i) fraud, deceit, misrepresentation, or subterfuge;
new text end
new text begin
(ii) using a false name or giving false credit; or
new text end
new text begin
(iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
new text end
Sec. 8.
Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read:
Subdivision 1.
Possession of precursors.
new text begin (a) new text end A person is guilty of a crime if the
person possesses any chemical reagents or precursors with the intent to manufacture
methamphetaminenew text begin and if convicted may be sentenced to imprisonment for not more than
ten years or to payment of a fine of not more than $20,000, or bothnew text end .
new text begin
(b) A person is guilty of a crime if the person possesses any chemical reagents or
precursors with the intent to manufacture methamphetamine and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $30,000,
or both, if the conviction is for a subsequent controlled substance conviction.
new text end
As used in this section and section 152.021, "chemical reagents or precursors"
includes any of the following substances, or any similar substances that can be used to
manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or
similar substance:
(1) ephedrine;
(2) pseudoephedrine;
(3) phenyl-2-propanone;
(4) phenylacetone;
(5) anhydrous ammonia;
(6) organic solvents;
(7) hydrochloric acid;
(8) lithium metal;
(9) sodium metal;
(10) ether;
(11) sulfuric acid;
(12) red phosphorus;
(13) iodine;
(14) sodium hydroxide;
(15) benzaldehyde;
(16) benzyl methyl ketone;
(17) benzyl cyanide;
(18) nitroethane;
(19) methylamine;
(20) phenylacetic acid;
(21) hydriodic acid; or
(22) hydriotic acid.
Sec. 9.
Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read:
Subdivision 1.
Driving while impaired crime.
It is a crime for any person to drive,
operate, or be in physical control of any motor vehiclenew text begin , as defined in section 169A.03,
subdivision 15, except for motor boats and off-road recreational vehicles,new text end within this state
or on any boundary water of this statenew text begin whennew text end :
(1) deleted text begin whendeleted text end the person is under the influence of alcohol;
(2) deleted text begin whendeleted text end the person is under the influence of a controlled substance;
(3) deleted text begin whendeleted text end the person is knowingly under the influence of a hazardous substance that
affects the nervous system, brain, or muscles of the person so as to substantially impair
the person's ability to drive or operate the motor vehicle;
(4) deleted text begin whendeleted text end the person is under the influence of a combination of any two or more of
the elements named in clauses (1)deleted text begin , (2), anddeleted text end new text begin tonew text end (3);
(5) deleted text begin whendeleted text end the person's alcohol concentration at the time, or as measured within
two hours of the time, of driving, operating, or being in physical control of the motor
vehicle is 0.08 or more;
(6) deleted text begin whendeleted text end the vehicle is a commercial motor vehicle and the person's alcohol
concentration at the time, or as measured within two hours of the time, of driving,
operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
(7) deleted text begin whendeleted text end the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
Sec. 10.
Minnesota Statutes 2008, section 169A.20, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Driving while impaired crime; motorboat. new text end
new text begin
It is a crime for any person
to operate or be in physical control of a motorboat, as defined in section 86B.005,
subdivision 9, on any waters or boundary water of this state when:
new text end
new text begin
(1) the person is under the influence of alcohol;
new text end
new text begin
(2) the person is under the influence of a controlled substance;
new text end
new text begin
(3) the person is knowingly under the influence of a hazardous substance that
affects the nervous system, brain, or muscles of the person so as to substantially impair
the person's ability to drive or operate the motor vehicle;
new text end
new text begin
(4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);
new text end
new text begin
(5) the person's alcohol concentration at the time, or as measured within two hours
of the time, of driving, operating, or being in physical control of the motor vehicle is
0.08 or more;
new text end
new text begin
(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration
at the time, or as measured within two hours of the time, of driving, operating, or being in
physical control of the commercial motor vehicle is 0.04 or more; or
new text end
new text begin
(7) the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
new text end
Sec. 11.
Minnesota Statutes 2008, section 169A.20, is amended by adding a
subdivision to read:
new text begin Subd. 1b. new text end
new text begin Driving while impaired crime; snowmobile and all-terrain vehicle. new text end
new text begin
It
is a crime for any person to operate or be in physical control of a snowmobile or all-terrain
vehicle anywhere in this state or on the ice of any boundary water of this state when:
new text end
new text begin
(1) the person is under the influence of alcohol;
new text end
new text begin
(2) the person is under the influence of a controlled substance;
new text end
new text begin
(3) the person is knowingly under the influence of a hazardous substance that
affects the nervous system, brain, or muscles of the person so as to substantially impair
the person's ability to drive or operate the motor vehicle;
new text end
new text begin
(4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);
new text end
new text begin
(5) the person's alcohol concentration at the time, or as measured within two hours
of the time, of driving, operating, or being in physical control of the motor vehicle is
0.08 or more;
new text end
new text begin
(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration
at the time, or as measured within two hours of the time, of driving, operating, or being in
physical control of the commercial motor vehicle is 0.04 or more; or
new text end
new text begin
(7) the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
new text end
Sec. 12.
Minnesota Statutes 2008, section 169A.20, is amended by adding a
subdivision to read:
new text begin Subd. 1c. new text end
new text begin
Driving while impaired crime; off-highway motorcycle and off-road
vehicle.
new text end
new text begin
It is a crime for any person to operate or be in physical control of any off-highway
motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined
in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary
water of this state when:
new text end
new text begin
(1) the person is under the influence of alcohol;
new text end
new text begin
(2) the person is under the influence of a controlled substance;
new text end
new text begin
(3) the person is knowingly under the influence of a hazardous substance that
affects the nervous system, brain, or muscles of the person so as to substantially impair
the person's ability to drive or operate the motor vehicle;
new text end
new text begin
(4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);
new text end
new text begin
(5) the person's alcohol concentration at the time, or as measured within two hours
of the time, of driving, operating, or being in physical control of the motor vehicle is
0.08 or more;
new text end
new text begin
(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration
at the time, or as measured within two hours of the time, of driving, operating, or being in
physical control of the commercial motor vehicle is 0.04 or more; or
new text end
new text begin
(7) the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
new text end
Sec. 13.
Minnesota Statutes 2008, section 169A.284, is amended to read:
169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE;
SURCHARGE.
Subdivision 1.
When required.
(a) When a court sentences a person convicted
of an offense enumerated in section 169A.70, subdivision 2 (chemical use assessment;
requirement; form), it shall new text begin order the person to pay the cost of the assessment directly
to the entity conducting the assessment or providing the assessment services in an
amount determined by the entity conducting or providing the service and shall new text end impose
a chemical dependency assessment charge of deleted text begin $125deleted text end new text begin $25new text end . new text begin The court may waive the $25
assessment charge, but may not waive the cost for the assessment paid directly to the
entity conducting the assessment or providing assessment services.new text end A person shall pay
an additional surcharge of $5 if the person is convicted of a violation of section 169A.20
(driving while impaired) within five years of a prior impaired driving conviction or a prior
conviction for an offense arising out of an arrest for a violation of section 169A.20 or
Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled
substance) or 169.129 (aggravated DWI-related violations; penalty). This section applies
when the sentence is executed, stayed, or suspended. The court may not waive payment
or authorize payment of the assessment charge and surcharge in installments unless it
makes written findings on the record that the convicted person is indigent or that the
assessment charge and surcharge would create undue hardship for the convicted person or
that person's immediate family.
(b) The chemical dependency assessment charge and surcharge required under
this section are in addition to the surcharge required by section 357.021, subdivision 6
(surcharges on criminal and traffic offenders).
Subd. 2.
Distribution of money.
The deleted text begin countydeleted text end new text begin court administratornew text end shall collect and
forward deleted text begin to the commissioner of finance $25 ofdeleted text end the chemical dependency assessment
charge and the $5 surcharge, if any, deleted text begin within 60 days after sentencing or explain to the
commissioner in writing why the money was not forwarded within this time period. The
commissioner shall credit the moneydeleted text end new text begin to the commissioner of finance to be deposited in the
state treasury and creditednew text end to the general fund. deleted text begin The county shall collect and keep $100 of
the chemical dependency assessment charge.
deleted text end
Sec. 14.
Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read:
Subd. 5.
Traffic fines and forfeited bail money.
(a) All fines and forfeited bail
money, deleted text begin from traffic and motor vehicle law violations,deleted text end collected from persons apprehended
or arrested by officers of the State Patrol, shall be deleted text begin paiddeleted text end new text begin transmittednew text end by the person or officer
collecting the fines, forfeited bail money, or installments thereof, on or before the tenth
day after the last day of the month in which these moneys were collected, to the deleted text begin county
treasurer of the county where the violation occurred.deleted text end new text begin commissioner of finance. Except
where a different disposition is required in this paragraph, paragraph (b), section 387.213,
or is otherwise provided by law,new text end three-eighths of these receipts deleted text begin shall be credited to the
general revenue fund of the county, except that in a county in a judicial district under
section 480.181, subdivision 1, paragraph (b), this three-eighths sharedeleted text end must be deleted text begin transmitted
to the commissioner of finance for depositdeleted text end new text begin depositednew text end in the state treasury and credited to
thenew text begin statenew text end general fund. The other five-eighths of these receipts deleted text begin shall be transmitted by that
officer to the commissioner of finance anddeleted text end must benew text begin deposited in the state treasury andnew text end
credited as follows: (1) the first $600,000 in each fiscal year must be credited to the
Minnesota grade crossing safety account in the special revenue fund, and (2) remaining
receipts must be credited to thenew text begin statenew text end trunk highway fund. If, however, the violation occurs
within a municipality and the city attorney prosecutes the offense, and a plea of not guilty
is entered, one-third of the receipts shall benew text begin deposited in the state treasury andnew text end credited
to the new text begin state new text end general deleted text begin revenuedeleted text end fund deleted text begin of the countydeleted text end , one-third of the receipts shall be paid
to the municipality prosecuting the offense, and one-third shall be deleted text begin transmitted to the
commissioner of finance as provided in this subdivision.deleted text end new text begin deposited in the state treasury
and credited to the Minnesota grade crossing safety account or the state trunk highway
fund as provided in this paragraph. When section 387.213 also is applicable to the fine,
section 387.213 shall be applied before this paragraph is applied.new text end All costs of participation
in a nationwide police communication system chargeable to the state of Minnesota shall
be paid from appropriations for that purpose.
(b) Notwithstanding any other provisions of law, all fines and forfeited bail money
from violations of statutes governing the maximum weight of motor vehicles, collected
from persons apprehended or arrested by employees of the state of Minnesota, by means
of stationary or portable scales operated by these employees, shall be deleted text begin paiddeleted text end new text begin transmittednew text end by
the person or officer collecting the fines or forfeited bail money, on or before the tenth day
after the last day of the month in which the collections were made, to the deleted text begin county treasurer
of the county where the violation occurreddeleted text end new text begin commissioner of financenew text end . Five-eighths of these
receipts shall be deleted text begin transmitted by that officer to the commissioner of finance and shall bedeleted text end new text begin
deposited in the state treasury andnew text end credited to the new text begin state new text end highway user tax distribution fund.
Three-eighths of these receipts shall be new text begin deposited in the state treasury and new text end credited to the
new text begin state new text end general deleted text begin revenue fund of the county, except that in a county in a judicial district
under section 480.181, subdivision 1, paragraph (b), this three-eighths share must be
transmitted to the commissioner of finance for deposit in the state treasury and credited
to the generaldeleted text end fund.
Sec. 15.
Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
Subd. 6.
Surcharges on criminal and traffic offenders.
(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor deleted text begin offensedeleted text end new text begin violation of a statute, ordinance, or administrative rulenew text end , other
than a violation of a law or ordinance relating to vehicle parking, for which there shall be
a $4 surcharge. new text begin When a defendant is convicted of more than one offense in a case, the
surcharge shall be imposed only once in that case. new text end In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
(c) The court may not waive payment of the surcharge required under this
subdivision. 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 surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.
(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge 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 deleted text begin commissioner of financedeleted text end new text begin court administrator or other entity collecting the
surcharge imposed by the courtnew text end .
Sec. 16.
Minnesota Statutes 2008, section 364.08, is amended to read:
364.08 PRACTICE OF LAW; EXCEPTION.
This chapter shall not apply to the practice of lawnew text begin or judicial branch employmentnew text end ;
but nothing in this section shall be construed to preclude the Supreme Court, in its
discretion, from adopting the policies set forth in this chapter.
Sec. 17.
Minnesota Statutes 2008, section 375.14, is amended to read:
375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
The county board shall provide offices at the county seat for the auditor, treasurer,
county recorder, sheriff, court administrator of the district court, and an office for the
county engineer at a site determined by the county board, with suitable furniture and
safes and vaults for the security and preservation of the books and papers of the offices,
and provide heating, lighting, and maintenance of the offices. The board shall furnish
all county officers with all books, stationery, letterheads, envelopes, postage, telephone
service, office equipment, electronic technology, and supplies necessary to the discharge
of their respective duties deleted text begin and make like provision for the judges of the district court
as necessary to the discharge of their duties within the county or concerning matters
arising in itdeleted text end . The board is not required to furnish any county officer with professional or
technical books or instruments except when the board deems them directly necessary to
the discharge of official duties as part of the permanent equipment of the office.
Sec. 18.
Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision
to read:
new text begin Subd. 10c. new text end
new text begin Uniform collections policies and procedures for courts. new text end
new text begin
(a)
Notwithstanding chapter 16D, the state court administrator under the direction of the
Judicial Council may promulgate uniform collections policies and procedures for the
courts and may contract with credit bureaus, public and private collection agencies, the
Department of Revenue, and other public or private entities providing collection services
as necessary for the collection of court debts. The court collection process and procedures
are not subject to section 16A.125 or chapter 16D.
new text end
new text begin
(b) Court debt means an amount owed to the state directly or through the judicial
branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge,
court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement,
liability owed, an assignment to the judicial branch, recovery of costs incurred by the
judicial branch, or any other source of indebtedness to the judicial branch as well as
amounts owed to other public or private entities for which the judicial branch acts in
providing collection services, or any other amount owed to the judicial branch.
new text end
new text begin
(c) The courts must pay for the collection services of public or private collection
entities as well as the cost of one or more court employees to provide collection interface
services between the Department of Revenue, the courts, and one or more collection
entities from the money collected. The portion of the money collected which must be paid
to the collection entity as collection fees and costs and the portion of the money collected
which must be paid to the courts or Department of Revenue for collection services are
appropriated from the fund to which the collected money is due.
new text end
new text begin
(d) As determined by the state court administrator, collection costs shall be added to
the debts referred to a public or private collection entity for collection.
new text end
new text begin
Collection costs shall include the fees of the collection entity, and may include, if
separately provided, skip tracing fees, credit bureau reporting charges, fees assessed
by any public entity for obtaining information necessary for debt collection, or other
collection-related costs. Collection costs shall also include the costs of one or more court
employees employed by the state court administrator to provide a collection interface
between the collection entity, the Department of Revenue, and the courts.
new text end
new text begin
If the collection entity collects an amount less than the total due, the payment is
applied proportionally to collection costs and the underlying debt. Collection costs in
excess of collection agency fees and court employee collection interface costs must be
deposited in the general fund as nondedicated receipts.
new text end
Sec. 19.
Minnesota Statutes 2008, section 484.85, is amended to read:
484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY;
ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
deleted text begin
(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution
for the violation of a statute or ordinance by the state or a governmental subdivision other
than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be
paid over to the county treasurer except where a different disposition is provided by law,
and the following fees shall be taxed to the state or governmental subdivision other than
a city or town within Ramsey County which would be entitled to payment of the fines,
forfeitures, or penalties in any case, and shall be paid to the administrator of the court for
disposal of the matter. The administrator shall deduct the fees from any fine collected for
the state of Minnesota or a governmental subdivision other than a city or town within
Ramsey County and transmit the balance in accordance with the law, and the deduction of
the total of the fees each month from the total of all the fines collected is hereby expressly
made an appropriation of funds for payment of the fees:
deleted text end
deleted text begin
(1) in all cases where the defendant is brought into court and pleads guilty and is
sentenced, or the matter is otherwise disposed of without a trial, $5;
deleted text end
deleted text begin
(2) in arraignments where the defendant waives a preliminary examination, $10;
deleted text end
deleted text begin
(3) in all other cases where the defendant stands trial or has a preliminary
examination by the court, $15; and
deleted text end
deleted text begin
(4) the court shall have the authority to waive the collection of fees in any particular
case.
deleted text end
deleted text begin
(b) On or before the last day of each month, the county treasurer shall pay over
to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures
collected and to the treasurer of each other municipality or subdivision of government in
Ramsey County one-half of all fines or penalties collected during the previous month from
those imposed for offenses committed within the treasurer's municipality or subdivision
of government in violation of a statute; an ordinance; or a charter provision, rule, or
regulation of a city. All other fines and forfeitures and all fees and costs collected by the
district court shall be paid to the treasurer of Ramsey County, who shall dispense the
same as provided by law.
deleted text end
new text begin
(a) In all cases prosecuted in Ramsey County District Court by an attorney for a
municipality or subdivision of government within Ramsey County for violation of a
statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties,
and forfeitures collected by the court administrator shall be forwarded to the commissioner
of finance and distributed according to this paragraph. Except where a different disposition
is provided by section 299D.03, subdivision 5, or other law, on or before the last day of
each month, the commissioner of finance shall pay over all fines, penalties, and forfeitures
collected by the court administrator during the previous month as follows:
new text end
new text begin
(1) for offenses committed within the city of St. Paul, two-thirds paid to the
treasurer of the city of St. Paul and one-third deposited in the state treasury and credited
to the general fund; and
new text end
new text begin
(2) for offenses committed within any other municipality or subdivision of
government within Ramsey County, one-half to the treasurer of the municipality or
subdivision of government and one-half deposited in the state treasury and credited to the
general fund.
new text end
new text begin
All other fines, penalties, and forfeitures collected by the district court shall be
forwarded to the commissioner of finance, who shall distribute them as provided by law.
new text end
new text begin
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
(a) when:
new text end
new text begin
(1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3; or
new text end
new text begin
(2) the attorney general provides assistance to the city attorney under section 484.87,
subdivision 5.
new text end
new text begin
(c) The court administrator shall provide the commissioner of finance with the name
of the municipality or other subdivision of government where the offense was committed
and the total amount of fines or penalties collected for each city, town, or other subdivision
of government, for the county, or for the state.
new text end
Sec. 20.
Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read:
Subd. 6.
Allocation.
deleted text begin
The court administrator shall provide the county treasurer with
the name of the municipality or other subdivision of government where the offense was
committed which employed or provided by contract the arresting or apprehending officer
and the name of the municipality or other subdivision of government which employed the
prosecuting attorney or otherwise provided for prosecution of the offense for each fine or
penalty and the total amount of fines or penalties collected for each municipality or other
subdivision of government. On or before the last day of each month, the county treasurer
shall pay over to the treasurer of each municipality or subdivision of government within
the county all fines or penalties for parking violations for which complaints and warrants
have not been issued and one-third of all fines or penalties collected during the previous
month for offenses committed within the municipality or subdivision of government
from persons arrested or issued citations by officers employed by the municipality or
subdivision or provided by the municipality or subdivision by contract. An additional
one-third of all fines or penalties shall be paid to the municipality or subdivision of
government providing prosecution of offenses of the type for which the fine or penalty
is collected occurring within the municipality or subdivision, imposed for violations of
state statute or of an ordinance, charter provision, rule, or regulation of a city whether or
not a guilty plea is entered or bail is forfeited. Except as provided in section 299D.03,
subdivision 5, or as otherwise provided by law, all other fines and forfeitures and all fees
and statutory court costs collected by the court administrator shall be paid to the county
treasurer of the county in which the funds were collected who shall dispense them as
provided by law. In a county in a judicial district under section 480.181, subdivision 1,
paragraph (b), all other fines, forfeitures, fees, and statutory court costs must be paid to
the commissioner of finance for deposit in the state treasury and credited to the general
fund.
deleted text end
new text begin
(a) In all cases prosecuted in district court by an attorney for a municipality or
other subdivision of government within the county for violations of state statute, or of
an ordinance; or charter provision, rule, or regulation of a city; all fines, penalties, and
forfeitures collected shall be forwarded to the commissioner of finance and distributed
according to this paragraph. Except where a different disposition is provided by section
299D.03, subdivision 5, 484.841, 484.85, or other law, on or before the last day of each
month, the commissioner of finance shall pay over all fines, penalties, and forfeitures
collected by the court administrator during the previous month as follows:
new text end
new text begin
(1) 100 percent of all fines or penalties for parking violations for which complaints
and warrants have not been issued to the treasurer of the city or town in which the offense
was committed; and
new text end
new text begin
(2) two-thirds of all other fines to the treasurer of the city or town in which the
offense was committed and one-third deposited in the state treasury and credited to the
general fund.
new text end
new text begin
All other fines, penalties, and forfeitures collected by the court administrator shall be
forwarded to the commissioner of finance, who shall distribute them as provided by law.
new text end
new text begin
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
(a) when:
new text end
new text begin
(1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3;
new text end
new text begin
(2) a city has a population of 600 or less and has given the duty to prosecute cases to
the county attorney under section 487.87; or
new text end
new text begin
(3) the attorney general provides assistance to the county attorney as permitted
by law.
new text end
new text begin
(c) The court administrator shall provide the commissioner of finance with the name
of the city, town, or other subdivision of government where the offense was committed
and the total amount of fines or penalties collected for each city, town, or other subdivision
of government, for the county, or for the state.
new text end
Sec. 21.
Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:
Subd. 9.
Judgment debtor disclosure.
Notwithstanding any contrary provision in
rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
conciliation court judgment or a judgment of district court on removal from conciliation
court has been docketed in district court, new text begin the judgment creditor's attorney as an officer of
the court may or new text end the district court in the county in which the judgment originated shall,
upon request of the judgment creditor, order the judgment debtor to mail to the judgment
creditor information as to the nature, amount, identity, and locations of all the debtor's
assets, liabilities, and personal earning. The information must be provided on a form
prescribed by the Supreme Court, and the information shall be sufficiently detailed to
enable the judgment creditor to obtain satisfaction of the judgment by way of execution on
nonexempt assets and earnings of the judgment debtor. The order must contain a notice
that failure to complete the form and mail it to the judgment creditor within ten days after
service of the order may result in a citation for civil contempt of court. Cash bail posted as
a result of being cited for civil contempt of court order under this section may be ordered
payable to the creditor to satisfy the judgment, either partially or fully.
Sec. 22.
Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read:
Subdivision 1.
Original documents.
The court administrator of any county upon
order of the judge exercising probate jurisdiction may destroy all the original documents
in any probate proceeding of record in the office deleted text begin five yearsdeleted text end after the file in such proceeding
has been closed provided the original or a Minnesota state archives commission approved
photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy
of the original of the following enumerated documents in the proceeding are on file in
the office.
Enumerated original documents:
(a) In estates, the jurisdictional petition and proof of publication of the notice of
hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders
directing and confirming sale, mortgage, lease, or for conveyance of real estate; order
setting apart statutory selection; receipts for federal estate taxes and state estate taxes;
orders of distribution and general protection; decrees of distribution; federal estate tax
closing letter, consent to discharge by commissioner of revenue and order discharging
representative; and any amendment of the listed documents.
When an estate is deemed closed as provided in clause (d) of this subdivision, the
enumerated documents shall include all claims of creditors.
(b) In guardianships or conservatorships, the jurisdictional petition and order for
hearing thereof with proof of service; letters; orders directing and confirming sale,
mortgage, lease or for conveyance of real estate; order for restoration to capacity and order
discharging guardian; and any amendment of the listed documents.
(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of
examination; warrant of commitment; notice of discharge from institution, or notice of
death and order for restoration to capacity; and any amendment of the listed documents.
(d) Except for the enumerated documents described in this subdivision, the court
administrator may destroy all other original documents in any probate proceeding without
retaining any reproduction of the document. For the purpose of this subdivision, a
proceeding is deemed closed if no document has been filed in the proceeding for a period
of 15 years, except in the cases of wills filed for safekeeping and those containing wills of
decedents not adjudicated upon.
Sec. 23.
Minnesota Statutes 2008, section 550.011, is amended to read:
550.011 JUDGMENT DEBTOR DISCLOSURE.
Unless the parties have otherwise agreed, if a judgment has been docketed in
district court for at least 30 days, and the judgment is not satisfied, new text begin the judgment creditor's
attorney as an officer of the court may or new text end the district court in the county in which the
judgment originated shall, upon request of the judgment creditor, order the judgment
debtor to mail by certified mail to the judgment creditor information as to the nature,
amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings.
The information must be provided on a form prescribed by the Supreme Court, and
the information shall be sufficiently detailed to enable the judgment creditor to obtain
satisfaction of the judgment by way of execution on nonexempt assets and earnings of the
judgment debtor. The order must contain a notice that failure to complete the form and
mail it to the judgment creditor within ten days after service of the order may result in a
citation for civil contempt of court. Cash bail posted as a result of being cited for civil
contempt of court order under this section may be ordered payable to the creditor to
satisfy the judgment, either partially or fully.
Sec. 24.
Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read:
Subdivision 1.
Sentences available.
new text begin (a) new text end Upon conviction of a felony and compliance
with the other provisions of this chapter the court, if it imposes sentence, may sentence
the defendant to the extent authorized by law as follows:
(1) to life imprisonment; or
(2) to imprisonment for a fixed term of years set by the court; or
(3) to both imprisonment for a fixed term of years and payment of a fine; or
(4) to payment of a fine without imprisonment deleted text begin or to imprisonment for a fixed term of
years if the fine is not paiddeleted text end new text begin or as an intermediate sanction on a stayed sentencenew text end ; or
(5) to payment of court-ordered restitution in addition to either imprisonment
or payment of a fine, or both; or
(6) to payment of a local correctional fee as authorized under section 609.102 in
addition to any other sentence imposed by the court.
new text begin
(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
due on the date imposed unless the court otherwise establishes a due date or a payment
plan.
new text end
Sec. 25.
Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:
Subd. 4.
Minimum fines; other crimes.
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 deleted text begin 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
otherwisedeleted text end new text begin according to section 609.1315new 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.
deleted text begin
The court shall collect the fines mandated in this subdivision and, except for fines for
traffic and motor vehicle violations governed by section 169.871 and section 299D.03 and
fish and game violations governed by section 97A.065, forward 20 percent of the revenues
to the commissioner of finance for deposit in the general fund.
deleted text end
Sec. 26.
new text begin
[609.104] FINE AND SURCHARGE COLLECTION.
new text end
new text begin Subdivision 1. new text end
new text begin Failure to pay restitution or fine. new text end
new text begin
(a) Any portion of a fine,
surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may
be referred for collection under section 480.15, subdivision 10c. If the defendant has
agreed to a payment plan but fails to pay an installment when due, the entire amount
remaining becomes due and payable and may be referred for collection under section
480.15, subdivision 10c.
new text end
new text begin
(b) The defendant may contest the referral for collection based on inability to pay by
requesting a hearing no later than the due date. The defendant shall be notified in writing
at sentencing that under section 480.15, subdivision 10c, the court may refer the case for
collection for nonpayment, and collection costs may be added to the amount due. The
defendant shall also be notified in writing of the right to contest a referral for collection.
The state court administrator shall develop the notice language.
new text end
new text begin Subd. 2. new text end
new text begin Fine and surcharge collection. new text end
new text begin
(a) A defendant's obligation to pay
court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due
date for a period set by the Judicial Council.
new text end
new text begin
(b) Any change in the collection period established by the Judicial Council shall be
effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on
or after the effective date of this section.
new text end
new text begin
(c) The period relating to a defendant's obligation to pay restitution under paragraph
(a) does not limit the victim's right to collect restitution through other means such as a
civil judgment.
new text end
new text begin
(d) Nothing in this subdivision extends the period of a defendant's stay of sentence
imposition or execution.
new text end
Sec. 27.
Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read:
Subdivision 1.
Sentences available.
new text begin (a) new text end Upon conviction of a misdemeanor or gross
misdemeanor the court, if sentence is imposed, may, to the extent authorized by law,
sentence the defendant:
(1) to imprisonment for a definite term; or
(2) to payment of a finedeleted text begin , or to imprisonment for a specified term if the fine is not paiddeleted text end new text begin
without imprisonment or as an intermediate sanction on a stayed sentencenew text end ; or
(3) to both imprisonment for a definite term and payment of a fine; or
(4) to payment of court-ordered restitution in addition to either imprisonment
or payment of a fine, or both; or
(5) to payment of a local correctional fee as authorized under section 609.102 in
addition to any other sentence imposed by the court; or
(6) to perform work service in a restorative justice program in addition to any other
sentence imposed by the court.
new text begin
(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
due on the date imposed unless the court otherwise establishes a due date or a payment
plan.
new text end
Sec. 28.
Minnesota Statutes 2008, section 609.131, subdivision 3, is amended to read:
Subd. 3.
Use of conviction for enhancement.
Notwithstanding any other law, a
conviction for a violation that was originally charged as a misdemeanor and was treated
as a petty misdemeanor under subdivision 1 or the Rules of Criminal Procedurenew text begin , or
was treated as a petty misdemeanor by inclusion on the uniform fine schedule,new text end may not
be used as the basis for charging a subsequent violation as a gross misdemeanor rather
than a misdemeanor.
Sec. 29.
new text begin
[609.1315] UNIFORM FINE SCHEDULE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment and effective date. new text end
new text begin
The Judicial Council shall
establish a uniform fine schedule in consultation with affected state and local agencies.
The uniform fine schedule may include petty misdemeanor and misdemeanor offenses, but
shall not include targeted misdemeanors as defined in section 299C.10. The uniform fine
schedule shall set a fine that may be paid for each offense in lieu of a court appearance.
The uniform fine schedule and any modifications shall be submitted to the legislature for
approval by January 1 of each year and shall become effective on July 1 of that year unless
the legislature, by law, provides otherwise.
new text end
new text begin Subd. 2. new text end
new text begin Effect on misdemeanor offenses. new text end
new text begin
Any misdemeanors included on the
uniform fine schedule shall be treated as petty misdemeanors for disposition purposes,
unless on the third or subsequent offense the charge is brought by a formal complaint or,
for offenses committed under chapter 169, the violation was committed in a manner or
under circumstances so as to endanger or be likely to endanger any person or property.
Nothing in this subdivision limits the authority of a peace officer to make an arrest for
offenses included on the uniform fine schedule. Nothing in this section limits the operation
of section 169.89, subdivision 1. This subdivision expires on July 1, 2011.
new text end
new text begin Subd. 3. new text end
new text begin Notice. new text end
new text begin
A defendant must be advised in writing that payment of the fine for
an offense on the uniform fine schedule constitutes a plea of guilty, waiver of the right to
trial, and waiver of the right to counsel.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Subdivision 2 is effective July 1, 2009, and applies to acts
committed on or after that date.
new text end
Sec. 30.
Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read:
Subdivision 1.
Terms and conditions.
(a) Except when a sentence of life
imprisonment is required by law, or when a mandatory minimum sentence is required by
section 609.11, any court may stay imposition or execution of sentence and:
(1) may order intermediate sanctions without placing the defendant on probation; or
(2) may place the defendant on probation with or without supervision and on the
terms the court prescribes, including intermediate sanctions when practicable. The court
may order the supervision to be under the probation officer of the court, or, if there is
none and the conviction is for a felony or gross misdemeanor, by the commissioner of
corrections, or in any case by some other suitable and consenting person. Unless the court
directs otherwise, state parole and probation agents and probation officers may impose
community work service or probation violation sanctions, consistent with section 243.05,
subdivision 1; sections 244.196 to 244.199; or 401.02, subdivision 5.
No intermediate sanction may be ordered performed at a location that fails to
observe applicable requirements or standards of chapter 181A or 182, or any rule
promulgated under them.
(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term
"intermediate sanctions" includes but is not limited to incarceration in a local jail or
workhouse, home detention, electronic monitoring, intensive probation, sentencing to
service, reporting to a day reporting center, chemical dependency or mental health
treatment or counseling, restitution, fines, day-fines, community work service, work
service in a restorative justice program, work in lieu of or to work off fines and, with the
victim's consent, work in lieu of or to work off restitution.
(c) A court may not stay the revocation of the driver's license of a person convicted
of violating the provisions of section 169A.20.
new text begin
(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction,
payment is due on the date imposed unless the court otherwise establishes a due date
or a payment plan.
new text end
Sec. 31.
Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read:
Subd. 1a.
Failure to pay restitution deleted text begin or finedeleted text end .
If the court orders payment of
restitution deleted text begin or a finedeleted text end as a condition of probation and if the defendant fails to pay the
restitution deleted text begin or a finedeleted text end in accordance with the payment schedule or structure established
by the court or the probation officer, the prosecutor or the defendant's probation officer
may, on the prosecutor's or the officer's own motion or at the request of the victim,
ask the court to hold a hearing to determine whether or not the conditions of probation
should be changed or probation should be revoked. The defendant's probation officer
shall ask for the hearing if the restitution deleted text begin or finedeleted text end ordered has not been paid prior to 60
days before the term of probation expires. The court shall schedule and hold this hearing
and take appropriate action, including action under subdivision 2, paragraph (g), before
the defendant's term of probation expires.
new text begin
Nothing in this subdivision limits the court's ability to refer the case to collections
under section 609.104 when a defendant fails to pay court-ordered restitution.
new text end
Sec. 32.
Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read:
Subd. 2.
Stay of sentence maximum periods.
(a) If the conviction is for a felony
other than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not
more than four years or the maximum period for which the sentence of imprisonment
might have been imposed, whichever is longer.
(b) If the conviction is for a gross misdemeanor violation of section 169A.20
or 609.21, subdivision 1a, paragraph (d), or for a felony described in section 609.21,
subdivision 1a, paragraph (b) or (c), the stay shall be for not more than six years. The
court shall provide for unsupervised probation for the last year of the stay unless the court
finds that the defendant needs supervised probation for all or part of the last year.
(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
stay shall be for not more than two years.
(d) If the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or
609.224, subdivision 1, in which the victim of the crime was a family or household
member as defined in section 518B.01, the stay shall be for not more than two years. The
court shall provide for unsupervised probation for the second year of the stay unless the
court finds that the defendant needs supervised probation for all or part of the second year.
(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
shall be for not more than one year.
(f) The defendant shall be discharged six months after the term of the stay expires,
unless the stay has been revoked or extended under paragraph (g), or the defendant has
already been discharged.
(g) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
if it finds, at a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution deleted text begin or a finedeleted text end in accordance
with the payment schedule or structure; and
(2) the defendant is likely to not pay the restitution deleted text begin or finedeleted text end the defendant owes before
the term of probation expires.
This one-year extension of probation for failure to pay restitution deleted text begin or a finedeleted text end may be
extended by the court for up to one additional year if the court finds, at another hearing
conducted under subdivision 1a, that the defendant still has not paid the court-ordered
restitution deleted text begin or finedeleted text end that the defendant owes.
new text begin
Nothing in this subdivision limits the court's ability to refer the case to collections
under section 609.104.
new text end
(h) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered treatment successfully; and
(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.
Sec. 33.
Minnesota Statutes 2008, section 631.48, is amended to read:
631.48 SENTENCE; COSTS OF PROSECUTION.
In a criminal action, upon conviction of the defendant, the court may order as part of
the sentence that defendant shall pay the whole or any part of the disbursements of the
prosecution, including disbursements made to extradite a defendant. The court may order
this payment in addition to any other penalty authorized by law which it may impose. The
payment of the disbursements of prosecution may be enforced in the same manner as the
sentence, or by execution against property. When collected, the disbursements deleted text begin must be
paid into the treasury of the county of conviction, butdeleted text end new text begin of ordered prosecution costs shall be
paid to the municipality or subdivision of government which employed the prosecuting
attorney or otherwise provided for prosecution of the case.new text end This payment may not interfere
with the payment of officers', witnesses', or jurors' fees.
Sec. 34. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision
2; 484.90, subdivisions 1, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135,
subdivision 8,
new text end
new text begin
are repealed.
new text end