1.1 	A bill for an act
1.2 	relating to courts; enforcing judicial sanctions, including fines, fees, and 
1.3 	surcharges;amending Minnesota Statutes 2008, sections 2.724, subdivisions 2, 
1.4 	3; 86B.705, subdivision 2; 134A.09, subdivision 2a; 134A.10, subdivision 3; 
1.5 	152.025, subdivisions 1, 2; 152.0262, subdivision 1; 169A.20, subdivision 1, by 
1.6 	adding subdivisions; 169A.25, subdivision 1; 169A.26, subdivision 1; 169A.27, 
1.7 	subdivision 1; 169A.28, subdivision 2; 169A.284; 169A.46, subdivision 1; 
1.8 	169A.54, subdivision 1; 299D.03, subdivision 5; 357.021, subdivision 6; 
1.9 	364.08; 375.14; 480.15, by adding a subdivision; 484.85; 484.90, subdivision 6; 
1.10 	491A.02, subdivision 9; 525.091, subdivision 1; 550.011; 609.035, subdivision 2; 
1.11 	609.10, subdivision 1; 609.101, subdivision 4; 609.125, subdivision 1; 609.131, 
1.12 	subdivision 3; 609.135, subdivisions 1, 1a, 2; 631.48; proposing coding for new 
1.13 	law in Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2008, 
1.14 	sections 152.025, subdivision 3; 152.0262, subdivision 2; 484.90, subdivisions 1, 
1.15 	2, 3; 487.08, subdivisions 1, 2, 3, 5; 609.135, subdivision 8.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	Section 1. Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read:
1.18 		Subd. 2.Procedure. To promote and secure more efficient administration of justice, 
1.19 	the chief justice of the Supreme Court of the state shall supervise and coordinate the work 
1.20 	of the courts of the state. The Supreme Court may provide by rule that the chief justice not 
1.21 	be required to write opinions as a member of the Supreme Court. Its rules may further 
1.22 	provide for it to hear and consider cases in divisions. It may by rule assign temporarily 
1.23 	any retired justice of the Supreme Court or one judge of the Court of Appeals or district 
1.24 	court judge at a time to act as a justice of the Supreme Court or any number of justices 
1.25 	or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon 
1.26 	the assignment of a Court of Appeals judge or a district court judge to act as a justice of 
1.27 	the Supreme Court, a judge previously acting as a justice may complete unfinished duties 
1.28 	of that position. Any number of justices may disqualify themselves from hearing and 
2.1 	considering a case, in which event the Supreme Court may assign temporarily a retired 
2.2 	justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear 
2.3 	and consider the case in place of each disqualified justice. A retired justice who is acting 
2.4 	as a justice of the Supreme Court or judge of the Court of Appeals under this section shall 
2.5 	receive, in addition to retirement pay, out of the general fund of the state, an amount to 
2.6 	make the retired justice's total compensation equal to the same salary as a justice or judge 
2.7 	of the court on which the justice is acting.

2.8 	Sec. 2. Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read:
2.9 		Subd. 3.Retired justices and judges. (a) The chief justice of the Supreme Court 
2.10 	may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court 
2.11 	pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a 
2.12 	retired judge of any court to act as a judge of any court except the Supreme Court. The 
2.13 	chief justice of the Supreme Court shall determine the pay and expenses to be received by 
2.14 	a justice or judge acting pursuant to this paragraph.
2.15 	(b) A judge who has been elected to office and who has retired as a judge in good 
2.16 	standing and is not practicing law may also be appointed to serve as judge of any court 
2.17 	except the Supreme Court. A retired judge acting under this paragraph will receive pay 
2.18 	and expenses in the amount established by the Supreme Court.

2.19 	Sec. 3. Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read:
2.20 		Subd. 2.Fines and bail money. (a) All fines, installment payments, and forfeited 
2.21 	bail money collected from persons convicted of violations of this chapter or rules adopted 
2.22 	thereunder, or of a violation of section 169A.20 involving a motorboat, shall be paid to 
2.23 	the county treasurer of the county where the violation occurred by the court administrator 
2.24 	or other person collecting the money within 15 days after the last day of the month the 
2.25 	money was collected deposited in the state treasury.  
2.26 	(b) One-half of the receipts shall be credited to the general revenue fund of the 
2.27 	county. The other one-half of the receipts shall be transmitted by the county treasurer to 
2.28 	the commissioner of natural resources to be deposited in the state treasury and credited to 
2.29 	the water recreation account for the purpose of boat and water safety.

2.30 	Sec. 4. Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read:
2.31 		Subd. 2a.Petty misdemeanor cases and criminal convictions; fee assessment. In 
2.32 	Hennepin County and Ramsey County, the district court administrator or a designee may, 
2.33 	upon the recommendation of the board of trustees and by standing order of the judges 
3.1 	of the district court, include in the costs or disbursements assessed against a defendant 
3.2 	convicted in the district court of the violation of a statute or municipal ordinance, a county 
3.3 	law library fee. This fee may be collected in all petty misdemeanor cases and criminal 
3.4 	prosecutions in which, upon conviction, the defendant may be subject to the payment of 
3.5 	the costs or disbursements in addition to a fine or other penalty. When a defendant is 
3.6 	convicted of more than one offense in a case, the county law library fee shall be imposed 
3.7 	only once in that case.

3.8 	Sec. 5. Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read:
3.9 		Subd. 3.Petty misdemeanor cases and criminal convictions; fee assessment.
 3.10 	The judge of district court may, upon the recommendation of the board of trustees and 
3.11 	by standing order, include in the costs or disbursements assessed against a defendant 
3.12 	convicted in the district court of the violation of any statute or municipal ordinance, in 
3.13 	all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the 
3.14 	defendant may be subject to the payment of the costs or disbursements in addition to a fine 
3.15 	or other penalty a county law library fee. When a defendant is convicted of more than one 
3.16 	offense in a case, the county law library fee shall be imposed only once in that case. The 
3.17 	item of costs or disbursements may not be assessed for any offense committed prior to the 
3.18 	establishment of the county law library.

3.19 	Sec. 6. Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read:
3.20 		Subdivision 1.Sale crimes. A person is guilty of controlled substance crime in the 
3.21 	fifth degree and if convicted may be sentenced to imprisonment for not more than five 
3.22 	years or to payment of a fine of not more than $10,000, or both if:
3.23 	(1) the person unlawfully sells one or more mixtures containing marijuana or 
3.24 	tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
3.25 	(2) the person unlawfully sells one or more mixtures containing a controlled 
3.26 	substance classified in schedule IV.

3.27 	Sec. 7. Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:
3.28 		Subd. 2.Possession and other crimes. A person is guilty of controlled substance 
3.29 	crime in the fifth degree and if convicted may be sentenced to imprisonment for not more 
3.30 	than five years or to payment of a fine of not more than $10,000, or both if:
3.31 	(1) the person unlawfully possesses one or more mixtures containing a controlled 
3.32 	substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
4.1 	(2) the person procures, attempts to procure, possesses, or has control over a 
4.2 	controlled substance by any of the following means:
4.3 	(i) fraud, deceit, misrepresentation, or subterfuge;
4.4 	(ii) using a false name or giving false credit; or
4.5 	(iii) falsely assuming the title of, or falsely representing any person to be, a 
4.6 	manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice 
4.7 	medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of 
4.8 	obtaining a controlled substance.

4.9 	Sec. 8. Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read:
4.10 		Subdivision 1.Possession of precursors. (a) A person is guilty of a crime if the 
4.11 	person possesses any chemical reagents or precursors with the intent to manufacture 
4.12 	methamphetamine and if convicted may be sentenced to imprisonment for not more than 
4.13 	ten years or to payment of a fine of not more than $20,000, or both.
4.14 	(b) A person is guilty of a crime if the person possesses any chemical reagents or 
4.15 	precursors with the intent to manufacture methamphetamine and may be sentenced to 
4.16 	imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, 
4.17 	or both, if the conviction is for a subsequent controlled substance conviction.
4.18 	 As used in this section and section 152.021, "chemical reagents or precursors" 
4.19 	includes any of the following substances, or any similar substances that can be used to 
4.20 	manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or 
4.21 	similar substance:
4.22 	(1) ephedrine;
4.23 	(2) pseudoephedrine;
4.24 	(3) phenyl-2-propanone;
4.25 	(4) phenylacetone;
4.26 	(5) anhydrous ammonia;
4.27 	(6) organic solvents;
4.28 	(7) hydrochloric acid;
4.29 	(8) lithium metal;
4.30 	(9) sodium metal;
4.31 	(10) ether;
4.32 	(11) sulfuric acid;
4.33 	(12) red phosphorus;
4.34 	(13) iodine;
4.35 	(14) sodium hydroxide;
5.1 	(15) benzaldehyde;
5.2 	(16) benzyl methyl ketone;
5.3 	(17) benzyl cyanide;
5.4 	(18) nitroethane;
5.5 	(19) methylamine;
5.6 	(20) phenylacetic acid;
5.7 	(21) hydriodic acid; or
5.8 	(22) hydriotic acid.

5.9 	Sec. 9. Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read:
5.10 		Subdivision 1.Driving while impaired crime; motor vehicles. It is a crime for 
5.11 	any person to drive, operate, or be in physical control of any motor vehicle, as defined 
5.12 	in section 169A.03, subdivision 15, except for motorboats in operation and off-road 
5.13 	recreational vehicles, within this state or on any boundary water of this state when:
5.14 	(1) when the person is under the influence of alcohol;
5.15 	(2) when the person is under the influence of a controlled substance;
5.16 	(3) when the person is knowingly under the influence of a hazardous substance that 
5.17 	affects the nervous system, brain, or muscles of the person so as to substantially impair 
5.18 	the person's ability to drive or operate the motor vehicle;
5.19 	(4) when the person is under the influence of a combination of any two or more of 
5.20 	the elements named in clauses (1), (2), and to (3);
5.21 	(5) when the person's alcohol concentration at the time, or as measured within 
5.22 	two hours of the time, of driving, operating, or being in physical control of the motor 
5.23 	vehicle is 0.08 or more;
5.24 	(6) when the vehicle is a commercial motor vehicle and the person's alcohol 
5.25 	concentration at the time, or as measured within two hours of the time, of driving, 
5.26 	operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
5.27 	(7) when the person's body contains any amount of a controlled substance listed in 
5.28 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

5.29 	Sec. 10. Minnesota Statutes 2008, section 169A.20, is amended by adding a 
5.30 	subdivision to read:
5.31 		Subd. 1a.Driving while impaired crime; motorboat in operation. It is a crime 
5.32 	for any person to operate or be in physical control of a motorboat in operation on any 
5.33 	waters or boundary water of this state when:
5.34 	(1) the person is under the influence of alcohol;
6.1 	(2) the person is under the influence of a controlled substance;
6.2 	(3) the person is knowingly under the influence of a hazardous substance that affects 
6.3 	the nervous system, brain, or muscles of the person so as to substantially impair the 
6.4 	person's ability to drive or operate the motorboat;
6.5 	(4) the person is under the influence of a combination of any two or more of the 
6.6 	elements named in clauses (1) to (3);
6.7 	(5) the person's alcohol concentration at the time, or as measured within two hours 
6.8 	of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or 
6.9 	more; or
6.10 	(6) the person's body contains any amount of a controlled substance listed in 
6.11 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

6.12 	Sec. 11. Minnesota Statutes 2008, section 169A.20, is amended by adding a 
6.13 	subdivision to read:
6.14 		Subd. 1b.Driving while impaired crime; snowmobile and all-terrain vehicle. It 
6.15 	is a crime for any person to operate or be in physical control of a snowmobile as defined in 
6.16 	section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision 
6.17 	8, anywhere in this state or on the ice of any boundary water of this state when:
6.18 	(1) the person is under the influence of alcohol;
6.19 	(2) the person is under the influence of a controlled substance;
6.20 	(3) the person is knowingly under the influence of a hazardous substance that affects 
6.21 	the nervous system, brain, or muscles of the person so as to substantially impair the 
6.22 	person's ability to drive or operate the snowmobile or all-terrain vehicle;
6.23 	(4) the person is under the influence of a combination of any two or more of the 
6.24 	elements named in clauses (1) to (3);
6.25 	(5) the person's alcohol concentration at the time, or as measured within two hours 
6.26 	of the time, of driving, operating, or being in physical control of the snowmobile or 
6.27 	all-terrain vehicle is 0.08 or more; or
6.28 	(6) the person's body contains any amount of a controlled substance listed in 
6.29 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

6.30 	Sec. 12. Minnesota Statutes 2008, section 169A.20, is amended by adding a 
6.31 	subdivision to read:
6.32 		Subd. 1c.Driving while impaired crime; off-highway motorcycle and off-road 
6.33 	vehicle. It is a crime for any person to operate or be in physical control of any off-highway 
6.34 	motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined 
7.1 	in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary 
7.2 	water of this state when:
7.3 	(1) the person is under the influence of alcohol;
7.4 	(2) the person is under the influence of a controlled substance;
7.5 	(3) the person is knowingly under the influence of a hazardous substance that affects 
7.6 	the nervous system, brain, or muscles of the person so as to substantially impair the 
7.7 	person's ability to drive or operate the off-highway motorcycle or off-road vehicle;
7.8 	(4) the person is under the influence of a combination of any two or more of the 
7.9 	elements named in clauses (1) to (3);
7.10 	(5) the person's alcohol concentration at the time, or as measured within two hours of 
7.11 	the time, of driving, operating, or being in physical control of the off-highway motorcycle 
7.12 	or off-road vehicle is 0.08 or more; or
7.13 	(6) the person's body contains any amount of a controlled substance listed in 
7.14 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

7.15 	Sec. 13. Minnesota Statutes 2008, section 169A.25, subdivision 1, is amended to read:
7.16 		Subdivision 1.Degree described. (a) A person who violates section 169A.20, 
7.17 	subdivision 1, 1a, 1b, or 1c  (driving while impaired crime), is guilty of second-degree 
7.18 	driving while impaired if two or more aggravating factors were present when the violation 
7.19 	was committed.  
7.20 	(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to 
7.21 	chemical test crime), is guilty of second-degree driving while impaired if one aggravating 
7.22 	factor was present when the violation was committed.  

7.23 	Sec. 14. Minnesota Statutes 2008, section 169A.26, subdivision 1, is amended to read:
7.24 		Subdivision 1.Degree described. (a) A person who violates section 169A.20, 
7.25 	subdivision 1, 1a, 1b, or 1c  (driving while impaired crime), is guilty of third-degree driving 
7.26 	while impaired if one aggravating factor was present when the violation was committed.  
7.27 	(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to 
7.28 	chemical test crime), is guilty of third-degree driving while impaired.  

7.29 	Sec. 15. Minnesota Statutes 2008, section 169A.27, subdivision 1, is amended to read:
7.30 		Subdivision 1.Degree described. A person who violates section 169A.20, 
7.31 	subdivision 1, 1a, 1b, or 1c  (driving while impaired crime), is guilty of fourth-degree 
7.32 	driving while impaired.  

8.1 	Sec. 16. Minnesota Statutes 2008, section 169A.28, subdivision 2, is amended to read:
8.2 		Subd. 2.Permissive consecutive sentences; multiple offenses. (a) When a person 
8.3 	is being sentenced for a violation of a provision listed in paragraph (e), the court may 
8.4 	sentence the person to a consecutive term of imprisonment for a violation of any other 
8.5 	provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the 
8.6 	same course of conduct, subject to the limitation on consecutive sentences contained in 
8.7 	section 609.15, subdivision 2, and except as provided in paragraphs (b) and (c).  
8.8 	(b) When a person is being sentenced for a violation of section 171.09 (violation 
8.9 	of condition of restricted license), 171.20 (operation after revocation, suspension, 
8.10 	cancellation, or disqualification), 171.24 (driving without valid license), or 171.30
8.11 	(violation of condition of limited license), the court may not impose a consecutive sentence 
8.12 	for another violation of a provision in chapter 171 (drivers' licenses and training schools).  
8.13 	(c) When a person is being sentenced for a violation of section 169.791 (failure to 
8.14 	provide proof of insurance) or 169.797 (failure to provide vehicle insurance), the court 
8.15 	may not impose a consecutive sentence for another violation of a provision of sections 
8.16 	169.79 to 169.7995.  
8.17 	(d) This subdivision does not limit the authority of the court to impose consecutive 
8.18 	sentences for crimes arising on different dates or to impose a consecutive sentence when 
8.19 	a person is being sentenced for a crime and is also in violation of the conditions of 
8.20 	a stayed or otherwise deferred sentence under section 609.135 (stay of imposition or 
8.21 	execution of sentence).  
8.22 	(e) This subdivision applies to misdemeanor and gross misdemeanor violations of 
8.23 	the following if the offender has two or more prior impaired driving convictions within 
8.24 	the past ten years:
8.25 	(1) section 169A.20, subdivision 1, 1a, 1b, or 1c  (driving while impaired; impaired 
8.26 	driving offenses);  
8.27 	(2) section 169A.20, subdivision 2 (driving while impaired; test refusal offense);  
8.28 	(3) section 169.791;  
8.29 	(4) section 169.797;  
8.30 	(5) section 171.09 (violation of condition of restricted license);  
8.31 	(6) section 171.20, subdivision 2 (operation after revocation, suspension, 
8.32 	cancellation, or disqualification);  
8.33 	(7) section 171.24; and  
8.34 	(8) section 171.30.  

9.1 	Sec. 17. Minnesota Statutes 2008, section 169A.284, is amended to read:
9.2 	169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE; 
9.3 	SURCHARGE.
9.4 		Subdivision 1.When required. (a) When a court sentences a person convicted 
9.5 	of an offense enumerated in section 169A.70, subdivision 2 (chemical use assessment; 
9.6 	requirement; form), it shall order the person to pay the cost of the assessment directly to 
9.7 	the entity conducting the assessment or providing the assessment services in an amount 
9.8 	determined by the entity conducting or providing the service and shall impose a chemical 
9.9 	dependency assessment charge of $125 $25. The court may waive the $25 assessment 
9.10 	charge, but may not waive the cost for the assessment as to be paid directly to the entity 
9.11 	conducting the assessment or providing assessment services. A person shall pay an 
9.12 	additional surcharge of $5 if the person is convicted of a violation of section 169A.20
9.13 	(driving while impaired) within five years of a prior impaired driving conviction or a prior 
9.14 	conviction for an offense arising out of an arrest for a violation of section 169A.20 or 
9.15 	Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled 
9.16 	substance) or 169.129 (aggravated DWI-related violations; penalty). This section applies 
9.17 	when the sentence is executed, stayed, or suspended. The court may not waive payment 
9.18 	or authorize payment of the assessment charge and surcharge in installments unless it 
9.19 	makes written findings on the record that the convicted person is indigent or that the 
9.20 	assessment charge and surcharge would create undue hardship for the convicted person or 
9.21 	that person's immediate family.  
9.22 	(b) The chemical dependency assessment charge and surcharge required under 
9.23 	this section are in addition to the surcharge required by section 357.021, subdivision 6
9.24 	(surcharges on criminal and traffic offenders).  
9.25 		Subd. 2.Distribution of money. The county court administrator shall collect and 
9.26 	forward to the commissioner of finance $25 of the chemical dependency assessment 
9.27 	charge and the $5 surcharge, if any, within 60 days after sentencing or explain to the 
9.28 	commissioner in writing why the money was not forwarded within this time period. The 
9.29 	commissioner shall credit the money to the commissioner of finance to be deposited in the 
9.30 	state treasury and credited to the general fund. The county shall collect and keep $100 of 
9.31 	the chemical dependency assessment charge.

9.32 	Sec. 18. Minnesota Statutes 2008, section 169A.46, subdivision 1, is amended to read:
9.33 		Subdivision 1.Impairment occurred after driving ceased. If proven by a 
9.34 	preponderance of the evidence, it is an affirmative defense to a violation of section 
9.35 	169A.20, subdivision 1, clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause (5) (driving 
10.1 	while impaired, alcohol concentration within two hours of driving), or 169A.20 by a 
10.2 	person having an alcohol concentration of 0.20 or more as measured at the time, or within 
10.3 	two hours of the time, of the offense, that the defendant consumed a sufficient quantity 
10.4 	of alcohol after the time of the violation and before the administration of the evidentiary 
10.5 	test to cause the defendant's alcohol concentration to exceed the level specified in the 
10.6 	applicable clause. Evidence that the defendant consumed alcohol after the time of the 
10.7 	violation may not be admitted in defense to any alleged violation of section 169A.20, 
10.8 	unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the 
10.9 	matter.  

10.10 	Sec. 19. Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:
10.11 		Subdivision 1.Revocation periods for DWI convictions. Except as provided in 
10.12 	subdivision 7, the commissioner shall revoke the driver's license of a person convicted 
10.13 	of violating section 169A.20 (driving while impaired) or an ordinance in conformity 
10.14 	with it, as follows: 
10.15 	(1) for an offense under section 169A.20, subdivision 1 (driving while impaired 
10.16 	crime): not less than 30 days; 
10.17 	(2) for an offense under section 169A.20, subdivision 2 (refusal to submit to 
10.18 	chemical test crime): not less than 90 days; 
10.19 	(3) for an offense occurring within ten years of a qualified prior impaired driving 
10.20 	incident:
10.21 	(i) if the current conviction is for a violation of section 169A.20, subdivision 
10.22 	1, 1a, 1b, or 1c, not less than 180 days and until the court has certified that treatment 
10.23 	or rehabilitation has been successfully completed where prescribed in accordance with 
10.24 	section 169A.70 (chemical use assessments); or 
10.25 	(ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not 
10.26 	less than one year and until the court has certified that treatment or rehabilitation has been 
10.27 	successfully completed where prescribed in accordance with section 169A.70; 
10.28 	(4) for an offense occurring within ten years of the first of two qualified prior 
10.29 	impaired driving incidents: not less than one year, together with denial under section 
10.30 	171.04, subdivision 1, clause (10), until rehabilitation is established in accordance with 
10.31 	standards established by the commissioner; or 
10.32 	(5) for an offense occurring within ten years of the first of three or more qualified 
10.33 	prior impaired driving incidents: not less than two years, together with denial under 
10.34 	section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance 
10.35 	with standards established by the commissioner. 

11.1 	Sec. 20. Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read:
11.2 		Subd. 5.Traffic fines and forfeited bail money. (a) All fines and forfeited bail 
11.3 	money, from traffic and motor vehicle law violations, collected from persons apprehended 
11.4 	or arrested by officers of the State Patrol, shall be paid transmitted by the person or officer 
11.5 	collecting the fines, forfeited bail money, or installments thereof, on or before the tenth 
11.6 	day after the last day of the month in which these moneys were collected, to the county 
11.7 	treasurer of the county where the violation occurred. commissioner of finance. Except 
11.8 	where a different disposition is required in this paragraph, paragraph (b), section 387.213, 
11.9 	or is otherwise provided by law,  three-eighths of these receipts shall be credited to the 
11.10 	general revenue fund of the county, except that in a county in a judicial district under 
11.11 	section 480.181, subdivision 1, paragraph (b), this three-eighths share must be transmitted 
11.12 	to the commissioner of finance for deposit deposited in the state treasury and credited to 
11.13 	the state general fund. The other five-eighths of these receipts shall be transmitted by that 
11.14 	officer to the commissioner of finance and must be deposited in the state treasury and
11.15 	credited as follows: (1) the first $600,000 in each fiscal year must be credited to the 
11.16 	Minnesota grade crossing safety account in the special revenue fund, and (2) remaining 
11.17 	receipts must be credited to the state trunk highway fund. If, however, the violation occurs 
11.18 	within a municipality and the city attorney prosecutes the offense, and a plea of not guilty 
11.19 	is entered, one-third of the receipts shall be deposited in the state treasury and credited 
11.20 	to the state general revenue fund of the county, one-third of the receipts shall be paid 
11.21 	to the municipality prosecuting the offense, and one-third shall be transmitted to the 
11.22 	commissioner of finance as provided in this subdivision. deposited in the state treasury 
11.23 	and credited to the Minnesota grade crossing safety account or the state trunk highway 
11.24 	fund as provided in this paragraph. When section 387.213 also is applicable to the fine, 
11.25 	section 387.213 shall be applied before this paragraph is applied. All costs of participation 
11.26 	in a nationwide police communication system chargeable to the state of Minnesota shall 
11.27 	be paid from appropriations for that purpose.
11.28 	(b) Notwithstanding any other provisions of law, all fines and forfeited bail money 
11.29 	from violations of statutes governing the maximum weight of motor vehicles, collected 
11.30 	from persons apprehended or arrested by employees of the state of Minnesota, by means 
11.31 	of stationary or portable scales operated by these employees, shall be paid transmitted by 
11.32 	the person or officer collecting the fines or forfeited bail money, on or before the tenth day 
11.33 	after the last day of the month in which the collections were made, to the county treasurer 
11.34 	of the county where the violation occurred commissioner of finance. Five-eighths of these 
11.35 	receipts shall be transmitted by that officer to the commissioner of finance and shall be
11.36 	deposited in the state treasury and credited to the state highway user tax distribution fund. 
12.1 	Three-eighths of these receipts shall be deposited in the state treasury and credited to the 
12.2 	state general revenue fund of the county, except that in a county in a judicial district 
12.3 	under section 480.181, subdivision 1, paragraph (b), this three-eighths share must be 
12.4 	transmitted to the commissioner of finance for deposit in the state treasury and credited 
12.5 	to the general fund.

12.6 	Sec. 21. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
12.7 		Subd. 6.Surcharges on criminal and traffic offenders. (a) Except as provided 
12.8 	in this paragraph, the court shall impose and the court administrator shall collect a $75 
12.9 	surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or 
12.10 	petty misdemeanor offense violation of a statute, ordinance, or administrative rule, other 
12.11 	than a violation of a law or ordinance relating to vehicle parking, for which there shall be 
12.12 	a $4 surcharge. When a defendant is convicted of more than one offense in a case, the 
12.13 	surcharge shall be imposed only once in that case. In the Second Judicial District, the 
12.14 	court shall impose, and the court administrator shall collect, an additional $1 surcharge 
12.15 	on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty 
12.16 	misdemeanor offense, including a violation of a law or ordinance relating to vehicle 
12.17 	parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The 
12.18 	surcharge shall be imposed whether or not the person is sentenced to imprisonment or the 
12.19 	sentence is stayed. The surcharge shall not be imposed when a person is convicted of a 
12.20 	petty misdemeanor for which no fine is imposed.
12.21 	(b) If the court fails to impose a surcharge as required by this subdivision, the court 
12.22 	administrator shall show the imposition of the surcharge, collect the surcharge, and 
12.23 	correct the record.
12.24 	(c) The court may not waive payment of the surcharge required under this 
12.25 	subdivision. Upon a showing of indigency or undue hardship upon the convicted person 
12.26 	or the convicted person's immediate family, the sentencing court may authorize payment 
12.27 	of the surcharge in installments.
12.28 	(d) The court administrator or other entity collecting a surcharge shall forward it 
12.29 	to the commissioner of finance.
12.30 	(e) If the convicted person is sentenced to imprisonment and has not paid the 
12.31 	surcharge before the term of imprisonment begins, the chief executive officer of the 
12.32 	correctional facility in which the convicted person is incarcerated shall collect the 
12.33 	surcharge from any earnings the inmate accrues from work performed in the facility 
12.34 	or while on conditional release. The chief executive officer shall forward the amount 
13.1 	collected to the commissioner of finance court administrator or other entity collecting the 
13.2 	surcharge imposed by the court.

13.3 	Sec. 22. Minnesota Statutes 2008, section 364.08, is amended to read:
13.4 	364.08 PRACTICE OF LAW; EXCEPTION.
13.5 	This chapter shall not apply to the practice of law or judicial branch employment; 
13.6 	but nothing in this section shall be construed to preclude the Supreme Court, in its 
13.7 	discretion, from adopting the policies set forth in this chapter.

13.8 	Sec. 23. Minnesota Statutes 2008, section 375.14, is amended to read:
13.9 	375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
13.10 	The county board shall provide offices at the county seat for the auditor, treasurer, 
13.11 	county recorder, sheriff, court administrator of the district court, and an office for the 
13.12 	county engineer at a site determined by the county board, with suitable furniture and 
13.13 	safes and vaults for the security and preservation of the books and papers of the offices, 
13.14 	and provide heating, lighting, and maintenance of the offices. The board shall furnish 
13.15 	all county officers with all books, stationery, letterheads, envelopes, postage, telephone 
13.16 	service, office equipment, electronic technology, and supplies necessary to the discharge 
13.17 	of their respective duties and make like provision for the judges of the district court 
13.18 	as necessary to the discharge of their duties within the county or concerning matters 
13.19 	arising in it. The board is not required to furnish any county officer with professional or 
13.20 	technical books or instruments except when the board deems them directly necessary to 
13.21 	the discharge of official duties as part of the permanent equipment of the office.

13.22 	Sec. 24. Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision 
13.23 	to read:
13.24 		Subd. 10c.Uniform collections policies and procedures for courts. (a) 
13.25 	Notwithstanding chapter 16D, the state court administrator under the direction of the 
13.26 	Judicial Council may promulgate uniform collections policies and procedures for the 
13.27 	courts and may contract with credit bureaus, public and private collection agencies, the 
13.28 	Department of Revenue, and other public or private entities providing collection services 
13.29 	as necessary for the collection of court debts. The court collection process and procedures 
13.30 	are not subject to section 16A.125 or chapter 16D.
13.31 	(b) Court debt means an amount owed to the state directly or through the judicial 
13.32 	branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge, 
13.33 	court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement, 
14.1 	liability owed, an assignment to the judicial branch, recovery of costs incurred by the 
14.2 	judicial branch, or any other source of indebtedness to the judicial branch as well as 
14.3 	amounts owed to other public or private entities for which the judicial branch acts in 
14.4 	providing collection services, or any other amount owed to the judicial branch.
14.5 	(c) The courts must pay for the collection services of public or private collection 
14.6 	entities as well as the cost of one or more court employees to provide collection interface 
14.7 	services between the Department of Revenue, the courts, and one or more collection 
14.8 	entities from the money collected. The portion of the money collected which must be paid 
14.9 	to the collection entity as collection fees and costs and the portion of the money collected 
14.10 	which must be paid to the courts or Department of Revenue for collection services are 
14.11 	appropriated from the fund to which the collected money is due.
14.12 	(d) As determined by the state court administrator, collection costs shall be added to 
14.13 	the debts referred to a public or private collection entity for collection.
14.14 	Collection costs shall include the fees of the collection entity, and may include, if 
14.15 	separately provided, skip tracing fees, credit bureau reporting charges, fees assessed 
14.16 	by any public entity for obtaining information necessary for debt collection, or other 
14.17 	collection-related costs. Collection costs shall also include the costs of one or more court 
14.18 	employees employed by the state court administrator to provide a collection interface 
14.19 	between the collection entity, the Department of Revenue, and the courts.
14.20 	If the collection entity collects an amount less than the total due, the payment is 
14.21 	applied proportionally to collection costs and the underlying debt. Collection costs in 
14.22 	excess of collection agency fees and court employee collection interface costs must be 
14.23 	deposited in the general fund as nondedicated receipts.

14.24 	Sec. 25. Minnesota Statutes 2008, section 484.85, is amended to read:
14.25 	484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; 
14.26 	ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
14.27 	(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution 
14.28 	for the violation of a statute or ordinance by the state or a governmental subdivision other 
14.29 	than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be 
14.30 	paid over to the county treasurer except where a different disposition is provided by law, 
14.31 	and the following fees shall be taxed to the state or governmental subdivision other than 
14.32 	a city or town within Ramsey County which would be entitled to payment of the fines, 
14.33 	forfeitures, or penalties in any case, and shall be paid to the administrator of the court for 
14.34 	disposal of the matter. The administrator shall deduct the fees from any fine collected for 
14.35 	the state of Minnesota or a governmental subdivision other than a city or town within 
15.1 	Ramsey County and transmit the balance in accordance with the law, and the deduction of 
15.2 	the total of the fees each month from the total of all the fines collected is hereby expressly 
15.3 	made an appropriation of funds for payment of the fees: 
15.4 	(1) in all cases where the defendant is brought into court and pleads guilty and is 
15.5 	sentenced, or the matter is otherwise disposed of without a trial, $5;
15.6 	(2) in arraignments where the defendant waives a preliminary examination, $10;
15.7 	(3) in all other cases where the defendant stands trial or has a preliminary 
15.8 	examination by the court, $15; and 
15.9 	(4) the court shall have the authority to waive the collection of fees in any particular 
15.10 	case.
15.11 	(b) On or before the last day of each month, the county treasurer shall pay over 
15.12 	to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures 
15.13 	collected and to the treasurer of each other municipality or subdivision of government in 
15.14 	Ramsey County one-half of all fines or penalties collected during the previous month from 
15.15 	those imposed for offenses committed within the treasurer's municipality or subdivision 
15.16 	of government in violation of a statute; an ordinance; or a charter provision, rule, or 
15.17 	regulation of a city. All other fines and forfeitures and all fees and costs collected by the 
15.18 	district court shall be paid to the treasurer of Ramsey County, who shall dispense the 
15.19 	same as provided by law. 
15.20 	(a) In all cases prosecuted in Ramsey County District Court by an attorney for a 
15.21 	municipality or subdivision of government within Ramsey County for violation of a 
15.22 	statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, 
15.23 	and forfeitures collected by the court administrator shall be forwarded to the commissioner 
15.24 	of finance and distributed according to this paragraph. Except where a different disposition 
15.25 	is provided by section 299D.03, subdivision 5, or other law, on or before the last day of 
15.26 	each month, the commissioner of finance shall pay over all fines, penalties, and forfeitures 
15.27 	collected by the court administrator during the previous month as follows:
15.28 	(1) for offenses committed within the city of St. Paul, two-thirds paid to the 
15.29 	treasurer of the city of St. Paul and one-third deposited in the state treasury and credited 
15.30 	to the general fund; and
15.31 	(2) for offenses committed within any other municipality or subdivision of 
15.32 	government within Ramsey County, one-half to the treasurer of the municipality or 
15.33 	subdivision of government and one-half deposited in the state treasury and credited to the 
15.34 	general fund.
15.35 	All other fines, penalties, and forfeitures collected by the district court shall be 
15.36 	forwarded to the commissioner of finance, who shall distribute them as provided by law.
16.1 	(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph 
16.2 	(a) when:
16.3 	(1) a city contracts with the county attorney for prosecutorial services under section 
16.4 	484.87, subdivision 3; or
16.5 	(2) the attorney general provides assistance to the city attorney under section 484.87, 
16.6 	subdivision 5.
16.7 	(c) The court administrator shall provide the commissioner of finance with the name 
16.8 	of the municipality or other subdivision of government where the offense was committed 
16.9 	and the total amount of fines or penalties collected for each city, town, or other subdivision 
16.10 	of government, for the county, or for the state.

16.11 	Sec. 26. Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read:
16.12 		Subd. 6. Allocation.  The court administrator shall provide the county treasurer with 
16.13 	the name of the municipality or other subdivision of government where the offense was 
16.14 	committed which employed or provided by contract the arresting or apprehending officer 
16.15 	and the name of the municipality or other subdivision of government which employed the 
16.16 	prosecuting attorney or otherwise provided for prosecution of the offense for each fine or 
16.17 	penalty and the total amount of fines or penalties collected for each municipality or other 
16.18 	subdivision of government. On or before the last day of each month, the county treasurer 
16.19 	shall pay over to the treasurer of each municipality or subdivision of government within 
16.20 	the county all fines or penalties for parking violations for which complaints and warrants 
16.21 	have not been issued and one-third of all fines or penalties collected during the previous 
16.22 	month for offenses committed within the municipality or subdivision of government 
16.23 	from persons arrested or issued citations by officers employed by the municipality or 
16.24 	subdivision or provided by the municipality or subdivision by contract. An additional 
16.25 	one-third of all fines or penalties shall be paid to the municipality or subdivision of 
16.26 	government providing prosecution of offenses of the type for which the fine or penalty 
16.27 	is collected occurring within the municipality or subdivision, imposed for violations of 
16.28 	state statute or of an ordinance, charter provision, rule, or regulation of a city whether or 
16.29 	not a guilty plea is entered or bail is forfeited. Except as provided in section 299D.03, 
16.30 	subdivision 5, or as otherwise provided by law, all other fines and forfeitures and all fees 
16.31 	and statutory court costs collected by the court administrator shall be paid to the county 
16.32 	treasurer of the county in which the funds were collected who shall dispense them as 
16.33 	provided by law. In a county in a judicial district under section 480.181, subdivision 1, 
16.34 	paragraph (b), all other fines, forfeitures, fees, and statutory court costs must be paid to 
16.35 	the commissioner of finance for deposit in the state treasury and credited to the general 
17.1 	fund. (a) In all cases prosecuted in district court by an attorney for a municipality or 
17.2 	other subdivision of government within the county for violations of state statute, or of 
17.3 	an ordinance; or charter provision, rule, or regulation of a city; all fines, penalties, and 
17.4 	forfeitures collected shall be forwarded to the commissioner of finance and distributed 
17.5 	according to this paragraph. Except where a different disposition is provided by section 
17.6 	299D.03, subdivision 5, 484.841, 484.85, or other law, on or before the last day of each 
17.7 	month, the commissioner of finance shall pay over all fines, penalties, and forfeitures 
17.8 	collected by the court administrator during the previous month as follows:
17.9 	(1) 100 percent of all fines or penalties for parking violations for which complaints 
17.10 	and warrants have not been issued to the treasurer of the city or town in which the offense 
17.11 	was committed; and
17.12 	(2) two-thirds of all other fines to the treasurer of the city or town in which the 
17.13 	offense was committed and one-third deposited in the state treasury and credited to the 
17.14 	general fund.
17.15 	All other fines, penalties, and forfeitures collected by the court administrator shall be 
17.16 	forwarded to the commissioner of finance, who shall distribute them as provided by law.
17.17 	(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph 
17.18 	(a) when:
17.19 	(1) a city contracts with the county attorney for prosecutorial services under section 
17.20 	484.87, subdivision 3;
17.21 	(2) a city has a population of 600 or less and has given the duty to prosecute cases to 
17.22 	the county attorney under section 487.87; or
17.23 	(3) the attorney general provides assistance to the county attorney as permitted 
17.24 	by law.
17.25 	(c) The court administrator shall provide the commissioner of finance with the name 
17.26 	of the city, town, or other subdivision of government where the offense was committed 
17.27 	and the total amount of fines or penalties collected for each city, town, or other subdivision 
17.28 	of government, for the county, or for the state.

17.29 	Sec. 27. Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:
17.30 		Subd. 9.Judgment debtor disclosure. Notwithstanding any contrary provision in 
17.31 	rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a 
17.32 	conciliation court judgment or a judgment of district court on removal from conciliation 
17.33 	court has been docketed in district court, the judgment creditor's attorney as an officer of 
17.34 	the court may or the district court in the county in which the judgment originated shall, 
17.35 	upon request of the judgment creditor, order the judgment debtor to mail to the judgment 
18.1 	creditor information as to the nature, amount, identity, and locations of all the debtor's 
18.2 	assets, liabilities, and personal earning. The information must be provided on a form 
18.3 	prescribed by the Supreme Court, and the information shall be sufficiently detailed to 
18.4 	enable the judgment creditor to obtain satisfaction of the judgment by way of execution on 
18.5 	nonexempt assets and earnings of the judgment debtor. The order must contain a notice 
18.6 	that failure to complete the form and mail it to the judgment creditor within ten days after 
18.7 	service of the order may result in a citation for civil contempt of court. Cash bail posted as 
18.8 	a result of being cited for civil contempt of court order under this section may be ordered 
18.9 	payable to the creditor to satisfy the judgment, either partially or fully.

18.10 	Sec. 28. Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read:
18.11 		Subdivision 1.Original documents. The court administrator of any county upon 
18.12 	order of the judge exercising probate jurisdiction may destroy all the original documents 
18.13 	in any probate proceeding of record in the office five years after the file in such proceeding 
18.14 	has been closed provided the original or a Minnesota state archives commission approved 
18.15 	photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy 
18.16 	of the original of the following enumerated documents in the proceeding are on file in 
18.17 	the office.
18.18 	Enumerated original documents:
18.19 	(a) In estates, the jurisdictional petition and proof of publication of the notice of 
18.20 	hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders 
18.21 	directing and confirming sale, mortgage, lease, or for conveyance of real estate; order 
18.22 	setting apart statutory selection; receipts for federal estate taxes and state estate taxes; 
18.23 	orders of distribution and general protection; decrees of distribution; federal estate tax 
18.24 	closing letter, consent to discharge by commissioner of revenue and order discharging 
18.25 	representative; and any amendment of the listed documents.
18.26 	When an estate is deemed closed as provided in clause (d) of this subdivision, the 
18.27 	enumerated documents shall include all claims of creditors.
18.28 	(b) In guardianships or conservatorships, the jurisdictional petition and order for 
18.29 	hearing thereof with proof of service; letters; orders directing and confirming sale, 
18.30 	mortgage, lease or for conveyance of real estate; order for restoration to capacity and order 
18.31 	discharging guardian; and any amendment of the listed documents.
18.32 	(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of 
18.33 	examination; warrant of commitment; notice of discharge from institution, or notice of 
18.34 	death and order for restoration to capacity; and any amendment of the listed documents.
19.1 	(d) Except for the enumerated documents described in this subdivision, the court 
19.2 	administrator may destroy all other original documents in any probate proceeding without 
19.3 	retaining any reproduction of the document. For the purpose of this subdivision, a 
19.4 	proceeding is deemed closed if no document has been filed in the proceeding for a period 
19.5 	of 15 years, except in the cases of wills filed for safekeeping and those containing wills of 
19.6 	decedents not adjudicated upon.

19.7 	Sec. 29. Minnesota Statutes 2008, section 550.011, is amended to read:
19.8 	550.011 JUDGMENT DEBTOR DISCLOSURE.
19.9 	Unless the parties have otherwise agreed, if a judgment has been docketed in 
19.10 	district court for at least 30 days, and the judgment is not satisfied, the judgment creditor's 
19.11 	attorney as an officer of the court may or the district court in the county in which the 
19.12 	judgment originated shall, upon request of the judgment creditor, order the judgment 
19.13 	debtor to mail by certified mail to the judgment creditor information as to the nature, 
19.14 	amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings. 
19.15 	The information must be provided on a form prescribed by the Supreme Court, and 
19.16 	the information shall be sufficiently detailed to enable the judgment creditor to obtain 
19.17 	satisfaction of the judgment by way of execution on nonexempt assets and earnings of the 
19.18 	judgment debtor. The order must contain a notice that failure to complete the form and 
19.19 	mail it to the judgment creditor within ten days after service of the order may result in a 
19.20 	citation for civil contempt of court. Cash bail posted as a result of being cited for civil 
19.21 	contempt of court order under this section may be ordered payable to the creditor to 
19.22 	satisfy the judgment, either partially or fully.

19.23 	Sec. 30. Minnesota Statutes 2008, section 609.035, subdivision 2, is amended to read:
19.24 		Subd. 2.Consecutive sentences. (a) When a person is being sentenced for a 
19.25 	violation of a provision listed in paragraph (e), the court may sentence the person to a 
19.26 	consecutive term of imprisonment for a violation of any other provision listed in paragraph 
19.27 	(e), notwithstanding the fact that the offenses arose out of the same course of conduct, 
19.28 	subject to the limitation on consecutive sentences contained in section 609.15, subdivision 
19.29 	2, and except as provided in paragraphs (b), (c), and (f) of this subdivision. 
19.30 	(b) When a person is being sentenced for a violation of section 171.09, 171.20, 
19.31 	171.24, or 171.30, the court may not impose a consecutive sentence for another violation 
19.32 	of a provision in chapter 171. 
20.1 	(c) When a person is being sentenced for a violation of section 169.791 or 169.797, 
20.2 	the court may not impose a consecutive sentence for another violation of a provision 
20.3 	of sections 169.79 to 169.7995. 
20.4 	(d) This subdivision does not limit the authority of the court to impose consecutive 
20.5 	sentences for crimes arising on different dates or to impose a consecutive sentence when a 
20.6 	person is being sentenced for a crime and is also in violation of the conditions of a stayed 
20.7 	or otherwise deferred sentence under section 609.135. 
20.8 	(e) This subdivision applies to misdemeanor and gross misdemeanor violations of 
20.9 	the following if the offender has two or more prior impaired driving convictions as defined 
20.10 	in section 169A.03 within the past ten years: 
20.11 	(1) section 169A.20, subdivision 1, 1a, 1b, or 1c, driving while impaired; 
20.12 	(2) section 169A.20, subdivision 2, test refusal; 
20.13 	(3) section 169.791, failure to provide proof of insurance; 
20.14 	(4) section 169.797, failure to provide vehicle insurance; 
20.15 	(5) section 171.09, violation of condition of restricted license; 
20.16 	(6) section 171.20, subdivision 2, operation after revocation, suspension, 
20.17 	cancellation, or disqualification; 
20.18 	(7) section 171.24, driving without valid license; and 
20.19 	(8) section 171.30, violation of condition of limited license. 
20.20 	(f) When a court is sentencing an offender for a violation of section 169A.20 and a 
20.21 	violation of an offense listed in paragraph (e), and the offender has five or more qualified 
20.22 	prior impaired driving incidents, as defined in section 169A.03, within the past ten years, 
20.23 	the court shall sentence the offender to serve consecutive sentences for the offenses, 
20.24 	notwithstanding the fact that the offenses arose out of the same course of conduct. 

20.25 	Sec. 31. Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read:
20.26 		Subdivision 1.Sentences available. (a) Upon conviction of a felony and compliance 
20.27 	with the other provisions of this chapter the court, if it imposes sentence, may sentence 
20.28 	the defendant to the extent authorized by law as follows:
20.29 	(1) to life imprisonment; or
20.30 	(2) to imprisonment for a fixed term of years set by the court; or
20.31 	(3) to both imprisonment for a fixed term of years and payment of a fine; or
20.32 	(4) to payment of a fine without imprisonment or to imprisonment for a fixed term of 
20.33 	years if the fine is not paid or as an intermediate sanction on a stayed sentence; or
20.34 	(5) to payment of court-ordered restitution in addition to either imprisonment 
20.35 	or payment of a fine, or both; or
21.1 	(6) to payment of a local correctional fee as authorized under section 609.102 in 
21.2 	addition to any other sentence imposed by the court.  
21.3 	(b) If the court imposes a fine or orders restitution under paragraph (a), payment is 
21.4 	due on the date imposed unless the court otherwise establishes a due date or a payment 
21.5 	plan.

21.6 	Sec. 32. Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:
21.7 		Subd. 4.Minimum fines; other crimes. Notwithstanding any other law:
21.8 	(1) when a court sentences a person convicted of a felony that is not listed in 
21.9 	subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine 
21.10 	authorized by law nor more than the maximum fine authorized by law; and
21.11 	(2) when a court sentences a person convicted of a gross misdemeanor or 
21.12 	misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than 
21.13 	30 percent of the maximum fine authorized by law nor more than the maximum fine 
21.14 	authorized by law, unless the fine is set at a lower amount on a uniform fine schedule 
21.15 	established by the Judicial Council in consultation with affected state and local agencies. 
21.16 	This schedule shall be promulgated not later than September 1 of each year and shall 
21.17 	become effective on January 1 of the next year unless the legislature, by law, provides 
21.18 	otherwise according to section 609.1315.
21.19 	The minimum fine required by this subdivision is in addition to the surcharge or 
21.20 	assessment required by section 357.021, subdivision 6, and is in addition to any sentence 
21.21 	of imprisonment or restitution imposed or ordered by the court. 
21.22 	The court shall collect the fines mandated in this subdivision and, except for fines for 
21.23 	traffic and motor vehicle violations governed by section 169.871 and section 299D.03 and 
21.24 	fish and game violations governed by section 97A.065, forward 20 percent of the revenues 
21.25 	to the commissioner of finance for deposit in the general fund. 

21.26 	Sec. 33. [609.104] FINE AND SURCHARGE COLLECTION.
21.27 		Subdivision 1.Failure to pay restitution or fine. (a) Any portion of a fine, 
21.28 	surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may 
21.29 	be referred for collection under section 480.15, subdivision 10c. If the defendant has 
21.30 	agreed to a payment plan but fails to pay an installment when due, the entire amount 
21.31 	remaining becomes due and payable and may be referred for collection under section 
21.32 	480.15, subdivision 10c.
21.33 	(b) The defendant may contest the referral for collection based on inability to pay by 
21.34 	requesting a hearing no later than the due date. The defendant shall be notified in writing 
22.1 	at sentencing that under section 480.15, subdivision 10c, the court may refer the case for 
22.2 	collection for nonpayment, and collection costs may be added to the amount due. The 
22.3 	defendant shall also be notified in writing of the right to contest a referral for collection. 
22.4 	The state court administrator shall develop the notice language.
22.5 		Subd. 2.Fine and surcharge collection. (a) A defendant's obligation to pay 
22.6 	court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due 
22.7 	date for a period set by the Judicial Council.
22.8 	(b) Any change in the collection period established by the Judicial Council shall be 
22.9 	effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on 
22.10 	or after the effective date of this section.
22.11 	(c) The period relating to a defendant's obligation to pay restitution under paragraph 
22.12 	(a) does not limit the victim's right to collect restitution through other means such as a 
22.13 	civil judgment.
22.14 	(d) Nothing in this subdivision extends the period of a defendant's stay of sentence 
22.15 	imposition or execution.

22.16 	Sec. 34. Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read:
22.17 		Subdivision 1.Sentences available. (a) Upon conviction of a misdemeanor or gross 
22.18 	misdemeanor the court, if sentence is imposed, may, to the extent authorized by law, 
22.19 	sentence the defendant:
22.20 	(1) to imprisonment for a definite term; or
22.21 	(2) to payment of a fine, or to imprisonment for a specified term if the fine is not paid
22.22 	without imprisonment or as an intermediate sanction on a stayed sentence; or
22.23 	(3) to both imprisonment for a definite term and payment of a fine; or
22.24 	(4) to payment of court-ordered restitution in addition to either imprisonment 
22.25 	or payment of a fine, or both; or
22.26 	(5) to payment of a local correctional fee as authorized under section 609.102 in 
22.27 	addition to any other sentence imposed by the court; or  
22.28 	(6) to perform work service in a restorative justice program in addition to any other 
22.29 	sentence imposed by the court.
22.30 	(b) If the court imposes a fine or orders restitution under paragraph (a), payment is 
22.31 	due on the date imposed unless the court otherwise establishes a due date or a payment 
22.32 	plan.

22.33 	Sec. 35. Minnesota Statutes 2008, section 609.131, subdivision 3, is amended to read:
23.1 		Subd. 3.Use of conviction for enhancement. Notwithstanding any other law, a 
23.2 	conviction for a violation that was originally charged as a misdemeanor and was treated 
23.3 	as a petty misdemeanor under subdivision 1 or the Rules of Criminal Procedure, or 
23.4 	was treated as a petty misdemeanor by inclusion on the uniform fine schedule, may not 
23.5 	be used as the basis for charging a subsequent violation as a gross misdemeanor rather 
23.6 	than a misdemeanor.

23.7 	Sec. 36. [609.1315] UNIFORM FINE SCHEDULE.
23.8 		Subdivision 1.Establishment and effective date. The Judicial Council shall 
23.9 	establish a uniform fine schedule in consultation with affected state and local agencies. 
23.10 	The uniform fine schedule may include petty misdemeanor and misdemeanor offenses, but 
23.11 	shall not include targeted misdemeanors as defined in section 299C.10. The uniform fine 
23.12 	schedule shall set a fine that may be paid for each offense in lieu of a court appearance. 
23.13 	The uniform fine schedule shall be submitted to the legislature by January 1 of each year 
23.14 	and shall become effective on July 1 of that year unless the legislature, by law, provides 
23.15 	otherwise. 
23.16 		Subd. 2.Effect on misdemeanor offenses. Any misdemeanors included on the 
23.17 	uniform fine schedule shall be treated as petty misdemeanors unless on the third or 
23.18 	subsequent offense, the charge is brought by formal complaint or, for offenses described in 
23.19 	chapter 169, the violation was committed in a manner or under circumstances so as to 
23.20 	endanger or be likely to endanger any person or property. Nothing in this section limits 
23.21 	the operation of section 169.89, subdivision 1.
23.22 		Subd. 3.Notice. A defendant must be advised in writing that payment of the fine for 
23.23 	an offense on the uniform fine schedule constitutes a plea of guilty, waiver of the right to 
23.24 	trial, and waiver of the right to counsel.

23.25 	Sec. 37. Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read:
23.26 		Subdivision 1.Terms and conditions. (a) Except when a sentence of life 
23.27 	imprisonment is required by law, or when a mandatory minimum sentence is required by 
23.28 	section 609.11, any court may stay imposition or execution of sentence and: 
23.29 	(1) may order intermediate sanctions without placing the defendant on probation; or
23.30 	(2) may place the defendant on probation with or without supervision and on the 
23.31 	terms the court prescribes, including intermediate sanctions when practicable. The court 
23.32 	may order the supervision to be under the probation officer of the court, or, if there is 
23.33 	none and the conviction is for a felony or gross misdemeanor, by the commissioner of 
23.34 	corrections, or in any case by some other suitable and consenting person. Unless the court 
24.1 	directs otherwise, state parole and probation agents and probation officers may impose 
24.2 	community work service or probation violation sanctions, consistent with section 243.05, 
24.3 	subdivision 1; sections 244.196 to 244.199; or 401.02, subdivision 5. 
24.4 	No intermediate sanction may be ordered performed at a location that fails to 
24.5 	observe applicable requirements or standards of chapter 181A or 182, or any rule 
24.6 	promulgated under them.
24.7 	(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term 
24.8 	"intermediate sanctions" includes but is not limited to incarceration in a local jail or 
24.9 	workhouse, home detention, electronic monitoring, intensive probation, sentencing to 
24.10 	service, reporting to a day reporting center, chemical dependency or mental health 
24.11 	treatment or counseling, restitution, fines, day-fines, community work service, work 
24.12 	service in a restorative justice program, work in lieu of or to work off fines and, with the 
24.13 	victim's consent, work in lieu of or to work off restitution. 
24.14 	(c) A court may not stay the revocation of the driver's license of a person convicted 
24.15 	of violating the provisions of section 169A.20. 
24.16 	(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, 
24.17 	payment is due on the date imposed unless the court otherwise establishes a due date 
24.18 	or a payment plan.

24.19 	Sec. 38. Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read:
24.20 		Subd. 1a.Failure to pay restitution or fine. If the court orders payment of 
24.21 	restitution or a fine as a condition of probation and if the defendant fails to pay the 
24.22 	restitution or a fine in accordance with the payment schedule or structure established 
24.23 	by the court or the probation officer, the prosecutor or the defendant's probation officer 
24.24 	may, on the prosecutor's or the officer's own motion or at the request of the victim, 
24.25 	ask the court to hold a hearing to determine whether or not the conditions of probation 
24.26 	should be changed or probation should be revoked. The defendant's probation officer 
24.27 	shall ask for the hearing if the restitution or fine ordered has not been paid prior to 60 
24.28 	days before the term of probation expires. The court shall schedule and hold this hearing 
24.29 	and take appropriate action, including action under subdivision 2, paragraph (g), before 
24.30 	the defendant's term of probation expires.
24.31 	Nothing in this subdivision limits the court's ability to refer the case to collections 
24.32 	under section 609.104 when a defendant fails to pay court-ordered restitution.

24.33 	Sec. 39. Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read:
25.1 		Subd. 2.Stay of sentence maximum periods. (a) If the conviction is for a felony 
25.2 	other than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not 
25.3 	more than four years or the maximum period for which the sentence of imprisonment 
25.4 	might have been imposed, whichever is longer. 
25.5 	(b) If the conviction is for a gross misdemeanor violation of section 169A.20
25.6 	or 609.21, subdivision 1a, paragraph (d), or for a felony described in section 609.21, 
25.7 	subdivision 1a, paragraph (b) or (c), the stay shall be for not more than six years. The 
25.8 	court shall provide for unsupervised probation for the last year of the stay unless the court 
25.9 	finds that the defendant needs supervised probation for all or part of the last year. 
25.10 	(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the 
25.11 	stay shall be for not more than two years.
25.12 	(d) If the conviction is for any misdemeanor under section 169A.20; 609.746, 
25.13 	subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 
25.14 	609.224, subdivision 1, in which the victim of the crime was a family or household 
25.15 	member as defined in section 518B.01, the stay shall be for not more than two years. The 
25.16 	court shall provide for unsupervised probation for the second year of the stay unless the 
25.17 	court finds that the defendant needs supervised probation for all or part of the second year. 
25.18 	(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay 
25.19 	shall be for not more than one year.
25.20 	(f) The defendant shall be discharged six months after the term of the stay expires, 
25.21 	unless the stay has been revoked or extended under paragraph (g), or the defendant has 
25.22 	already been discharged.
25.23 	(g) Notwithstanding the maximum periods specified for stays of sentences under 
25.24 	paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year 
25.25 	if it finds, at a hearing conducted under subdivision 1a, that:
25.26 	(1) the defendant has not paid court-ordered restitution or a fine in accordance 
25.27 	with the payment schedule or structure; and
25.28 	(2) the defendant is likely to not pay the restitution or fine the defendant owes before 
25.29 	the term of probation expires.
25.30 	This one-year extension of probation for failure to pay restitution or a fine may be 
25.31 	extended by the court for up to one additional year if the court finds, at another hearing 
25.32 	conducted under subdivision 1a, that the defendant still has not paid the court-ordered 
25.33 	restitution or fine that the defendant owes.
25.34 	Nothing in this subdivision limits the court's ability to refer the case to collections 
25.35 	under section 609.104.
26.1 	(h) Notwithstanding the maximum periods specified for stays of sentences under 
26.2 	paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three 
26.3 	years if it finds, at a hearing conducted under subdivision 1c, that:
26.4 	(1) the defendant has failed to complete court-ordered treatment successfully; and
26.5 	(2) the defendant is likely not to complete court-ordered treatment before the term of 
26.6 	probation expires.

26.7 	Sec. 40. Minnesota Statutes 2008, section 631.48, is amended to read:
26.8 	631.48 SENTENCE; COSTS OF PROSECUTION.
26.9 	In a criminal action, upon conviction of the defendant, the court may order as part of 
26.10 	the sentence that defendant shall pay the whole or any part of the disbursements of the 
26.11 	prosecution, including disbursements made to extradite a defendant. The court may order 
26.12 	this payment in addition to any other penalty authorized by law which it may impose. The 
26.13 	payment of the disbursements of prosecution may be enforced in the same manner as the 
26.14 	sentence, or by execution against property. When collected, the disbursements must be 
26.15 	paid into the treasury of the county of conviction, but of ordered prosecution costs shall be 
26.16 	paid to the municipality or subdivision of government which employed the prosecuting 
26.17 	attorney or otherwise provided for prosecution of the case. This payment may not interfere 
26.18 	with the payment of officers', witnesses', or jurors' fees.

26.19 	Sec. 41.  REPEALER.
 26.20 	Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision 
26.21 	2; 484.90, subdivisions 1, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135, 
26.22 	subdivision 8, are repealed.