1.1 	A bill for an act
1.2 	relating to public safety; creating a forensic laboratory fee in criminal cases; 
1.3 	amending Minnesota Statutes 2016, section 357.021, by adding a subdivision.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2016, section 357.021, is amended by adding a subdivision 
1.6 	to read:
1.7 		Subd. 8.Forensic laboratory surcharge and disbursement. (a) When a person is 
1.8 	convicted of a crime and a forensic analysis was conducted by a forensic laboratory as 
1.9 	defined in section 299C.157, the court shall impose and the court administrator shall collect 
1.10 	a $25 surcharge upon a conviction. The court administrator or other entity collecting a 
1.11 	surcharge shall forward it to the commissioner of management and budget.
1.12 	(b) When a defendant is convicted of more than one offense in a case, the surcharge 
1.13 	shall be imposed only once in that case. The surcharge shall be imposed whether or not the 
1.14 	person is sentenced to imprisonment or the sentence is stayed.
1.15 	(c) If the court fails to impose a surcharge as required by this subdivision, the court 
1.16 	administrator shall show the imposition of the surcharge, collect the surcharge, and correct 
1.17 	the record.
1.18 	(d) The court may not waive payment of the surcharge required under this subdivision. 
1.19 	Upon a showing of indigency or undue hardship upon the convicted person or the convicted 
1.20 	person's immediate family, the sentencing court may authorize payment of the surcharge 
1.21 	in installments.
2.1 	(e) If the convicted person is sentenced to imprisonment and has not paid the surcharge 
2.2 	before the term of imprisonment begins, the chief executive officer of the correctional 
2.3 	facility in which the convicted person is incarcerated shall collect the surcharge from any 
2.4 	earnings the inmate accrues from work performed in the facility or while on conditional 
2.5 	release. The chief executive officer shall forward the amount collected to the court 
2.6 	administrator or other entity collecting the surcharge imposed by the court.
2.7 	(f) The commissioner of management and budget shall disburse surcharges received 
2.8 	under this subdivision as follows:
2.9 	(1) 50 percent to the Bureau of Criminal Apprehension for forensic laboratory activities; 
2.10 	and
2.11 	(2) the remaining 50 percent to any other forensic laboratories operating in the state 
2.12 	under section 299C.157.
2.13 	The commissioner shall apportion and allocate the funds under clause (2) annually based 
2.14 	on laboratory case loads from the previous year.

2.15 	EFFECTIVE DATE. This section is effective August 1, 2017, and applies to crimes 
2.16 	committed on or after that date.