HF 119

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; restricting the ability of judges 
  1.3             to reduce mandatory minimum fines, surcharges, and 
  1.4             penalty assessments; amending Minnesota Statutes 1996, 
  1.5             section 609.101, subdivision 5.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 609.101, 
  1.8   subdivision 5, is amended to read: 
  1.9      Subd. 5.  [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 
  1.10  PAYMENTS.] (a) The court may not waive payment of the minimum 
  1.11  fine, surcharge, or assessment required by this section.  The 
  1.12  court may reduce the amount of the minimum fine, surcharge, or 
  1.13  assessment. 
  1.14     (b) If the court makes written findings on the record that 
  1.15  the convicted person is indigent or that immediate payment of 
  1.16  the fine, surcharge, or assessment would create undue hardship 
  1.17  for the convicted person or that person's immediate family, the 
  1.18  court may: 
  1.19     (1) reduce the amount of the minimum fine to not less than 
  1.20  25 percent of the statutory maximum fine; and 
  1.21     (2) reduce the amount of the surcharge or assessment to not 
  1.22  less than ten dollars.  
  1.23     (c) The court also may authorize payment of the fine, 
  1.24  surcharge, or assessment in installments. 
  1.25     Sec. 2.  [EFFECTIVE DATE.] 
  2.1      Section 1 is effective August 1, 1997, and applies to 
  2.2   crimes committed on or after that date.