Minnesota Legislature
HF 385
as introduced - 88th Legislature (2013 - 2014) Posted on 02/06/2013 03:23pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/06/2013 |
Current Version - as introduced
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A bill for an act
relating to courts; amending the criminal surcharge amount and appeal fees;
amending Minnesota Statutes 2012, sections 357.021, subdivisions 6, 7; 357.08.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, 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 deleted text begin $75deleted text end new text begin $.......
new text end 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 deleted text begin $12deleted text end new text begin $.......new text end 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.
(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 management and budget.
(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 court administrator or other entity collecting the surcharge imposed by the court.
(f) 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.
(g) The surcharge does not apply to administrative citations issued pursuant to
section 169.999.
Sec. 2.
Minnesota Statutes 2012, section 357.021, subdivision 7, is amended to read:
Subd. 7.
Disbursement of surcharges by commissioner of management and
budget.
(a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
management and budget shall disburse surcharges received under subdivision 6 and
section 97A.065, subdivision 2, as follows:
(1) one percent shall be credited to the peace officer training account in the game
and fish fund to provide peace officer training for employees of the Department of Natural
Resources who are licensed under sections 626.84 to 626.863, and who possess peace
officer authority for the purpose of enforcing game and fish laws;
(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and
(3) 60 percent shall be credited to the general fund.
(b) The commissioner of management and budget shall credit $3 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.
(c) In addition to any amounts credited under paragraph (a), the commissioner
of management and budget shall credit deleted text begin $47deleted text end new text begin $.......new text end of each surcharge received under
subdivision 6 and section 97A.065, subdivision 2, and the deleted text begin $12deleted text end new text begin $.......new text end parking surcharge,
to the general fund.
(d) If the Ramsey County Board of Commissioners authorizes imposition of the
additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
in the Second Judicial District shall transmit the surcharge to the commissioner of
management and budget. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.
Sec. 3.
Minnesota Statutes 2012, section 357.08, is amended to read:
357.08 PAID BY APPELLANT IN APPEAL.
There shall be paid to the clerk of the appellate courts by the appellant, or moving
party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
mandamus, injunction, prohibition, or other original proceeding, when initially filed with
the clerk of the appellate courts, the sum of deleted text begin $550deleted text end new text begin $.......new text end to the clerk of the appellate courts.
An additional filing fee of $100 shall be required for a petition for accelerated review by
the Supreme Court. A filing fee of deleted text begin $550deleted text end new text begin $.......new text end shall be paid to the clerk of the appellate
courts upon the filing of a petition for review from a decision of the Court of Appeals. A
filing fee of deleted text begin $550deleted text end new text begin $.......new text end shall be paid to the clerk of the appellate courts upon the filing
of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk
of the appellate courts upon the filing by a respondent of a notice of review. The clerk
shall transmit the fees to the commissioner of management and budget for deposit in the
state treasury and credit to the general fund.
The clerk shall not file any paper, issue any writ or certificate, or perform any service
enumerated herein, until the payment has been made for it. The clerk shall pay the sum
into the state treasury as provided for by section 15A.01.
The charges provided for shall not apply to disbarment proceedings, nor to an
action or proceeding by the state taken solely in the public interest, where the state is the
appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
to the parties before judgment, or furnished to the district judge whose decision is under
review, or to such law library associations in counties having a population exceeding
50,000, as the court may direct.