HF 1195

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to criminal penalties; simplifying certain 
  1.3             criminal surcharges and assessments; amending 
  1.4             Minnesota Statutes 1994, sections 609.101, 
  1.5             subdivisions 1, 2, and 3; and 626.861, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 609.101, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [SURCHARGES AND ASSESSMENTS.] (a) When a 
  1.10  court sentences a person convicted of a felony, gross 
  1.11  misdemeanor, or misdemeanor, other than a petty misdemeanor such 
  1.12  as a traffic or parking violation, and if the sentence does not 
  1.13  include payment of a fine, the court shall impose an assessment 
  1.14  of not less than $25 nor more than $50.  If the sentence for the 
  1.15  felony, gross misdemeanor, or misdemeanor includes payment of a 
  1.16  fine of any amount, including a fine of less than $100, the 
  1.17  court shall impose a surcharge on the fine of 20 percent of the 
  1.18  fine.  This section applies whether or not the person is 
  1.19  sentenced to imprisonment and when the sentence is suspended.  
  1.20     (b) In addition to the assessments in paragraph (a), the 
  1.21  court shall assess the following surcharges a surcharge of $20 
  1.22  after a person is convicted: 
  1.23     (1) for a person charged with a felony, $25; 
  1.24     (2) for a person charged with a gross misdemeanor, $15; 
  1.25     (3) for a person charged with a misdemeanor other than a 
  2.1   traffic, parking, or local ordinance violation, $10; and 
  2.2      (4) for a person charged with a local ordinance violation 
  2.3   other than a parking or traffic violation, $5 of a violation of 
  2.4   state law or local ordinance, other than a traffic or parking 
  2.5   violation.  
  2.6   The surcharge must be assessed for the original charge, whether 
  2.7   or not it is subsequently reduced.  A person charged on more 
  2.8   than one count may be assessed only one surcharge under this 
  2.9   paragraph, but must be assessed for the most serious offense.  
  2.10  This paragraph applies whether or not the person is sentenced to 
  2.11  imprisonment and when the sentence is suspended. 
  2.12     (c) If the court fails to impose an assessment required by 
  2.13  paragraph (a), the court administrator shall correct the record 
  2.14  to show imposition of an assessment of $25 if the sentence does 
  2.15  not include payment of a fine, or if the sentence includes a 
  2.16  fine, to show an imposition of a surcharge of ten percent of the 
  2.17  fine.  If the court fails to impose an assessment required by 
  2.18  paragraph (b), the court administrator shall correct the record 
  2.19  to show imposition of the assessment described in paragraph (b). 
  2.20     (d) Except for assessments and surcharges imposed on 
  2.21  persons convicted of violations described in section 97A.065, 
  2.22  subdivision 2, the court shall collect and forward to the 
  2.23  commissioner of finance the total amount of the assessments or 
  2.24  surcharges and the commissioner shall credit all money so 
  2.25  forwarded to the general fund. 
  2.26     (e) If the convicted person is sentenced to imprisonment, 
  2.27  the chief executive officer of the correctional facility in 
  2.28  which the convicted person is incarcerated may collect the 
  2.29  assessment or surcharge from any earnings the inmate accrues for 
  2.30  work performed in the correctional facility and forward the 
  2.31  amount to the commissioner of finance, indicating the part that 
  2.32  was imposed for violations described in section 97A.065, 
  2.33  subdivision 2, which must be credited to the game and fish fund. 
  2.34     Sec. 2.  Minnesota Statutes 1994, section 609.101, 
  2.35  subdivision 2, is amended to read: 
  2.36     Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law:  
  3.1      (1), when a court sentences a person convicted of violating 
  3.2   section 609.221, 609.222, 609.223, 609.2231, 609.224, 609.267, 
  3.3   or 609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it 
  3.4   must impose a fine of not less than $500 30 percent of the 
  3.5   maximum fine authorized by law nor more than the maximum fine 
  3.6   authorized by law; 
  3.7      (2) when a court sentences a person convicted of violating 
  3.8   section 609.222, 609.223, 609.2671, 609.343, 609.344, or 
  3.9   609.345, it must impose a fine of not less than $300 nor more 
  3.10  than the maximum fine authorized by law; and 
  3.11     (3) when a court sentences a person convicted of violating 
  3.12  section 609.2231, 609.224, or 609.2672, it must impose a fine of 
  3.13  not less than $100 nor more than the maximum fine authorized by 
  3.14  law.  
  3.15     The court shall collect the portion of the fine mandated by 
  3.16  this subdivision and forward 70 percent of it to a local victim 
  3.17  assistance program that provides services locally in the county 
  3.18  in which the crime was committed.  The court shall forward the 
  3.19  remaining 30 percent to the commissioner of finance to be 
  3.20  credited to the general fund.  If more than one victim 
  3.21  assistance program serves the county in which the crime was 
  3.22  committed, the court may designate on a case-by-case basis which 
  3.23  program will receive the fine proceeds, giving consideration to 
  3.24  the nature of the crime committed, the types of victims served 
  3.25  by the program, and the funding needs of the program.  If no 
  3.26  victim assistance program serves that county, the court shall 
  3.27  forward 100 percent of the fine proceeds to the commissioner of 
  3.28  finance to be credited to the general fund.  Fine proceeds 
  3.29  received by a local victim assistance program must be used to 
  3.30  provide direct services to crime victims.  
  3.31     The minimum fine required by this subdivision is in 
  3.32  addition to the surcharge or assessment required by subdivision 
  3.33  1 and is in addition to any sentence of imprisonment or 
  3.34  restitution imposed or ordered by the court. 
  3.35     As used in this subdivision, "victim assistance program" 
  3.36  means victim witness programs within county attorney offices or 
  4.1   any of the following programs:  crime victim crisis centers, 
  4.2   victim-witness programs, battered women shelters and nonshelter 
  4.3   programs, and sexual assault programs. 
  4.4      Sec. 3.  Minnesota Statutes 1994, section 609.101, 
  4.5   subdivision 3, is amended to read: 
  4.6      Subd. 3.  [CONTROLLED SUBSTANCE OFFENSES; MINIMUM FINES.] 
  4.7   (a) Notwithstanding any other law, when a court sentences a 
  4.8   person convicted of a controlled substance crime under sections 
  4.9   152.021 to 152.025, it must impose a fine of not less than 20 30 
  4.10  percent of the maximum fine authorized by law nor more than the 
  4.11  maximum fine authorized by law. 
  4.12     (b) The minimum fine required by this subdivision is in 
  4.13  addition to the surcharge or assessment required by subdivision 
  4.14  1 and is in addition to any sentence of imprisonment or 
  4.15  restitution imposed or ordered by the court. 
  4.16     (c) The court shall collect the fine mandated by this 
  4.17  subdivision and forward 70 percent of it to a local drug abuse 
  4.18  prevention program existing or being implemented in the county 
  4.19  in which the crime was committed.  The court shall forward the 
  4.20  remaining 30 percent to the state treasurer to be credited to 
  4.21  the general fund.  If more than one drug abuse prevention 
  4.22  program serves the county in which the crime was committed, the 
  4.23  court may designate on a case-by-case basis which program will 
  4.24  receive the fine proceeds, giving consideration to the community 
  4.25  in which the crime was committed, the funding needs of the 
  4.26  program, the number of peace officers in each community 
  4.27  certified to teach the program, and the number of children 
  4.28  served by the program in each community.  If no drug abuse 
  4.29  prevention program serves communities in that county, the court 
  4.30  shall forward 100 percent of the fine proceeds to the state 
  4.31  treasurer to be credited to the general fund.  
  4.32     (d) The minimum fines required by this subdivision shall be 
  4.33  collected as are other fines.  Fine proceeds received by a local 
  4.34  drug abuse prevention program must be used to support that 
  4.35  program, and may be used for salaries of peace officers 
  4.36  certified to teach the program.  The drug abuse resistance 
  5.1   education program must report receipt and use of money generated 
  5.2   under this subdivision as prescribed by the drug abuse 
  5.3   resistance education advisory council. 
  5.4      (e) As used in this subdivision, "drug abuse prevention 
  5.5   program" and "program" include: 
  5.6      (1) the drug abuse resistance education program described 
  5.7   in sections 299A.33 and 299A.331; and 
  5.8      (2) any similar drug abuse education and prevention program 
  5.9   that includes the following components: 
  5.10     (A) instruction for students enrolled in kindergarten 
  5.11  through grade six that is designed to teach students to 
  5.12  recognize and resist pressures to experiment with controlled 
  5.13  substances and alcohol; 
  5.14     (B) provisions for parental involvement; 
  5.15     (C) classroom instruction by uniformed law enforcement 
  5.16  personnel; 
  5.17     (D) the use of positive student leaders to influence 
  5.18  younger students not to use drugs; and 
  5.19     (E) an emphasis on activity-oriented techniques designed to 
  5.20  encourage student-generated responses to problem-solving 
  5.21  situations. 
  5.22     Sec. 4.  Minnesota Statutes 1994, section 626.861, 
  5.23  subdivision 1, is amended to read: 
  5.24     Subdivision 1.  [LEVY OF ASSESSMENT.] There is levied a 
  5.25  penalty assessment of 15 percent on each fine imposed and 
  5.26  collected by the courts of this state for traffic offenses in 
  5.27  violation of chapters 168 to 173 or equivalent local ordinances, 
  5.28  other than a fine or forfeiture for a violation of a local 
  5.29  ordinance or other law relating to the parking of a vehicle.  In 
  5.30  cases where the defendant is convicted but a fine is not 
  5.31  imposed, or execution of the fine is stayed, the court shall 
  5.32  impose a penalty assessment of not less than $5 nor more than 
  5.33  $10 when the conviction is for a misdemeanor or petty 
  5.34  misdemeanor, and shall impose a penalty assessment of not less 
  5.35  than $10 $25 but not more than $50 when the conviction is for a 
  5.36  misdemeanor, gross misdemeanor, or felony.  Where multiple 
  6.1   offenses are involved, the penalty assessment shall be assessed 
  6.2   separately on each offense for which the defendant is 
  6.3   sentenced.  If imposition or execution of sentence is stayed for 
  6.4   all of the multiple offenses, the penalty assessment shall be 
  6.5   based upon the most serious offense of which the defendant was 
  6.6   convicted.  Where the court suspends a portion of a fine, the 
  6.7   suspended portion shall not be counted in determining the amount 
  6.8   of the penalty assessment unless the offender is ordered to pay 
  6.9   the suspended portion of the fine.  Suspension of an entire fine 
  6.10  shall be treated as a stay of execution for purposes of 
  6.11  computing the amount of the penalty assessment.  
  6.12     Sec. 5.  [EFFECTIVE DATE.] 
  6.13     Sections 1 to 4 are effective August 1, 1995, and apply to 
  6.14  offenses committed on or after that date.