HF 1513

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 procedure; providing for 
  1.3             disposition of forfeited bail proceeds by the court; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 629. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [629.535] [FORFEITED BAIL; COURT APPLICATION OF 
  1.8   PROCEEDS.] 
  1.9      (a) When bail, bond, or other cash or collateral deposited 
  1.10  to guarantee a defendant's appearance in court in a misdemeanor 
  1.11  or petty misdemeanor proceeding has been forfeited, the court, 
  1.12  in addition to all other actions authorized by law, may order 
  1.13  that the forfeited proceeds be applied as follows: 
  1.14     (1) to pay crime victims restitution under chapter 611A or 
  1.15  as established by order of the court; 
  1.16     (2) to pay fines or fees that have been established by the 
  1.17  court or which are established at the time of the forfeiture; or 
  1.18     (3) to the court administrator to be transmitted to the 
  1.19  county treasurer or state treasurer as provided by law pursuant 
  1.20  to chapter 357 or 574. 
  1.21     (b) If the forfeited proceeds exceed the amount of the 
  1.22  court's order pursuant to paragraph (a), clause (1) or (2), or 
  1.23  both, the excess proceeds shall be applied to the court 
  1.24  administrator pursuant to paragraph (a), clause (3). 
  1.25     (c) When there has been a forfeiture of bail, bond, or 
  2.1   other cash or collateral deposited to guarantee a defendant's 
  2.2   appearance in court, and the forfeiture has not been vacated, 
  2.3   the forfeiture is equivalent to a conviction of the offense or 
  2.4   offenses in the misdemeanor or petty misdemeanor proceeding for 
  2.5   which the bail, bond, or other collateral was posted.