SF 1375

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2019 02:54pm

A bill for an act
relating to public safety; authorizing the reduction or waiver of the criminal and
traffic surcharge in certain instances; requiring courts to consider indigency or
hardship before imposing certain fines, fees, or surcharges; requiring notice;
amending Minnesota Statutes 2018, sections 169.99, subdivision 1c, by adding a
subdivision; 357.021, subdivision 6; 609.101, subdivision 5.

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

Section 1.

Minnesota Statutes 2018, section 169.99, subdivision 1c, is amended to read:

Subd. 1c.

Notice of surcharge.

All parts of the uniform traffic ticket must deleted text begin give deleted text end new text begin provide
new text end conspicuous notice deleted text begin of the fact deleted text end that, if convicted, the person to whom it was issued deleted text begin must deleted text end new text begin may
be required to new text end pay a state-imposed surcharge under section 357.021, subdivision 6, and the
current amount of the required surcharge.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019. The changes to the
uniform traffic ticket described in this section must be reflected on the ticket the next time
it is revised.
new text end

Sec. 2.

Minnesota Statutes 2018, section 169.99, is amended by adding a subdivision to
read:

new text begin Subd. 1d. new text end

new text begin Financial hardship. new text end

new text begin The first paragraph on the reverse side of the summons
on the uniform traffic ticket must include the following, or substantially similar, language:
"All or part of the cost of this summons may be waived on a showing of indigency or undue
hardship on you or your family. You may schedule a court appearance to request a waiver
based on your ability to pay by calling the Minnesota Court Payment Center (CPC) [followed
by the Court Payment Center telephone number]. For more information, call the CPC or
visit www.mncourts.gov/fines."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019. The changes to the
uniform traffic ticket described in this section must be reflected on the ticket the next time
it is revised.
new text end

Sec. 3.

Minnesota Statutes 2018, section 357.021, subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided in this
deleted text begin paragraph deleted text end new text begin subdivision new text end , 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 offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
than one offense in a case, the surcharge shall be imposed only once in that case. 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.

deleted text begin (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.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The court may deleted text begin not deleted text end new text begin reduce the amount or new text end waive payment of the surcharge required
under this subdivision deleted text begin . Upon deleted text end new text begin on new text end a showing of indigency or undue hardship upon the convicted
person or the convicted person's immediate family deleted text begin , the sentencing court may authorize
payment of the surcharge in installments deleted text end . new text begin Additionally, the court may permit the defendant
to perform community work service in lieu of a surcharge.
new text end

deleted text begin (d) deleted text end new text begin (c) new text end The court administrator or other entity collecting a surcharge shall forward it to
the commissioner of management and budget.

deleted text begin (e) deleted text end new text begin (d) new text end 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 court
administrator or other entity collecting the surcharge imposed by the court.

deleted text begin (f) deleted text end new text begin (e) new text end A person who enters a diversion program, continuance without prosecution,
continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
the surcharge described in this subdivision. A surcharge imposed under this paragraph shall
be imposed only once per case.

deleted text begin (g) deleted text end new text begin (f) new text end The surcharge does not apply to administrative citations issued pursuant to section
169.999.

Sec. 4.

Minnesota Statutes 2018, section 609.101, subdivision 5, is amended to read:

Subd. 5.

Waiver prohibited; reduction and installment payments.

(a) The court may
not waive payment of the minimum fine required by this section.

(b) If the defendant qualifies for the services of a public defender or the court finds on
the record that the convicted person is indigent or that immediate payment of the fine would
create undue hardship for the convicted person or that person's immediate family, the court
may reduce the amount of the minimum fine to not less than $50. Additionally, the court
may permit the defendant to perform community work service in lieu of a fine.

(c) The court also may authorize payment of the fine in installments.

new text begin (d) Before sentencing a person convicted of a felony, gross misdemeanor, misdemeanor,
or petty misdemeanor to pay money for a fine, fee, or surcharge, the court shall make a
finding on the record as to indigency or the convicted person's ability to comply with an
order to pay without undue hardship for the convicted person or that person's immediate
family. In determining indigency or whether the defendant is able to comply with an order
to pay a fine, fee, or surcharge without undue hardship to the convicted person or that
person's immediate family, the court shall consider:
new text end

new text begin (1) income;
new text end

new text begin (2) dependents;
new text end

new text begin (3) financial resources, including assets and liabilities;
new text end

new text begin (4) basic living expenses;
new text end

new text begin (5) receipt of means-tested public assistance program; and
new text end

new text begin (6) any special circumstances that may bear on the person's ability to pay.
new text end

new text begin (e) Paragraph (d) shall not apply when a conviction for a violation that is included on
the uniform fine schedule authorized under section 609.101, subdivision 4, is entered without
a hearing before the court.
new text end