HF 396

as introduced - 90th Legislature (2017 - 2018) Posted on 01/23/2017 01:38pm

A bill for an act
relating to public safety; creating a forensic laboratory fee in criminal cases;
amending Minnesota Statutes 2016, section 357.021, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 357.021, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Forensic laboratory surcharge and disbursement. new text end

new text begin (a) When a person is
convicted of a crime and a forensic analysis was conducted by a forensic laboratory as
defined in section 299C.157, the court shall impose and the court administrator shall collect
a $25 surcharge upon a conviction. The court administrator or other entity collecting a
surcharge shall forward it to the commissioner of management and budget.
new text end

new text begin (b) When a defendant is convicted of more than one offense in a case, the surcharge
shall be imposed only once in that case. The surcharge shall be imposed whether or not the
person is sentenced to imprisonment or the sentence is stayed.
new text end

new text begin (c) 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.
new text end

new text begin (d) 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.
new text end

new text begin (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.
new text end

new text begin (f) The commissioner of management and budget shall disburse surcharges received
under this subdivision as follows:
new text end

new text begin (1) 50 percent to the Bureau of Criminal Apprehension for forensic laboratory activities;
and
new text end

new text begin (2) the remaining 50 percent to any other forensic laboratories operating in the state
under section 299C.157.
new text end

new text begin The commissioner shall apportion and allocate the funds under clause (2) annually based
on laboratory case loads from the previous year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to crimes
committed on or after that date.
new text end