HF 2198

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

  1.1                          A bill for an act 
  1.2             relating to crime; requiring the court to impose 
  1.3             mandatory minimum fines on theft offenses; amending 
  1.4             Minnesota Statutes 1995 Supplement, section 609.101, 
  1.5             subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.8   609.101, subdivision 2, is amended to read: 
  1.9      Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law, 
  1.10  when a court sentences a person convicted of violating section 
  1.11  609.221, 609.222, 609.223, 609.2231, 609.224, 609.267, 609.2671, 
  1.12  609.2672, 609.342, 609.343, 609.344, or 609.345, it must impose 
  1.13  a fine of not less than 30 percent of the maximum fine 
  1.14  authorized by law nor more than the maximum fine authorized by 
  1.15  law.  
  1.16     Notwithstanding any other law, when a court sentences a 
  1.17  person convicted of violating section 609.52, it must impose a 
  1.18  fine of not less than twice the value of the property or 
  1.19  services stolen nor more than the maximum fine authorized by 
  1.20  law.  When a court sentences a person convicted of a theft gross 
  1.21  misdemeanor or misdemeanor, it must impose a fine of not less 
  1.22  than twice the value of the property or services stolen nor more 
  1.23  than the maximum fine authorized by law, unless the fine is set 
  1.24  at a lower amount on the uniform fine schedule established by 
  1.25  the conference of chief judges in consultation with affected 
  2.1   state and local agencies promulgated under subdivision 4. 
  2.2      The court shall collect the portion of the fine mandated by 
  2.3   this subdivision and forward 70 percent of it to a local victim 
  2.4   assistance program that provides services locally in the county 
  2.5   in which the crime was committed.  The court shall forward the 
  2.6   remaining 30 percent to the commissioner of finance to be 
  2.7   credited to the general fund.  If more than one victim 
  2.8   assistance program serves the county in which the crime was 
  2.9   committed, the court may designate on a case-by-case basis which 
  2.10  program will receive the fine proceeds, giving consideration to 
  2.11  the nature of the crime committed, the types of victims served 
  2.12  by the program, and the funding needs of the program.  If no 
  2.13  victim assistance program serves that county, the court shall 
  2.14  forward 100 percent of the fine proceeds to the commissioner of 
  2.15  finance to be credited to the general fund.  Fine proceeds 
  2.16  received by a local victim assistance program must be used to 
  2.17  provide direct services to crime victims.  
  2.18     The minimum fine required by this subdivision is in 
  2.19  addition to the surcharge or assessment required by subdivision 
  2.20  1 and is in addition to any sentence of imprisonment or 
  2.21  restitution imposed or ordered by the court. 
  2.22     As used in this subdivision, "victim assistance program" 
  2.23  means victim witness programs within county attorney offices or 
  2.24  any of the following programs:  crime victim crisis centers, 
  2.25  victim-witness programs, battered women shelters and nonshelter 
  2.26  programs, and sexual assault programs. 
  2.27     Sec. 2.  [EFFECTIVE DATE.] 
  2.28     Section 1 is effective August 1, 1996, and applies to 
  2.29  crimes committed on or after that date.