HF 744

as introduced - 88th Legislature (2013 - 2014) Posted on 02/21/2013 08:49am

A bill for an act
relating to judiciary; imposing a fee for reinstatement of a bond; amending
Minnesota Statutes 2012, section 629.59.

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

Section 1.

Minnesota Statutes 2012, section 629.59, is amended to read:

629.59 COURT TO FORGIVE BOND FORFEITURE PENALTY.

new text begin (a) new text end When an action is brought in the name of the state against a principal or surety in
a recognizance entered into by a party or witness in a criminal prosecution, and the penalty
is judged forfeited, new text begin except as provided in paragraph (b), new text end the court may forgive or reduce
the penalty according to the circumstances of the case and the situation of the party on
any terms and conditions it considers just and reasonable.

new text begin (b) If the court orders reinstatement of the bond, the court shall impose the following:
new text end

new text begin (1) a minimum penalty as provided in Rule 702 of Minnesota General Rules of
Practice; and
new text end

new text begin (2) a reinstatement fee prescribed by court rule in an amount based on a percentage
of the bond fee but in no instance less than $100.
new text end

new text begin The minimum penalty shall be distributed by the courts as provided by law. The court
administrator shall forward the reinstatement fee to the commissioner of management and
budget to be credited in the general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end