HF 3372

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; requiring defendants upon 
  1.3             conviction to pay certain specific costs and 
  1.4             disbursements of criminal prosecutions or 
  1.5             investigations; amending Minnesota Statutes 1998, 
  1.6             section 631.48. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 631.48, is 
  1.9   amended to read: 
  1.10     631.48 [PENALTY MAY INCLUDE COSTS OF PROSECUTION.] 
  1.11     Notwithstanding any other law to the contrary, in a 
  1.12  criminal action, upon conviction of the defendant, the court may 
  1.13  order as part of the sentence that defendant shall pay the whole 
  1.14  or any part of the disbursements of the investigation or 
  1.15  prosecution, including, but not limited to, the following: 
  1.16     (1) the disbursements made to extradite a defendant.; 
  1.17     (2) all disbursements incurred by the prosecution for a 
  1.18  grand jury proceeding, including costs associated with expert 
  1.19  and lay witness travel and lodging whether within or without the 
  1.20  state, expert witness fees, court reporter and transcript costs, 
  1.21  and other costs and disbursements of the prosecuting agency; 
  1.22     (3) translator and interpreter costs incurred by the 
  1.23  prosecution, including those in preparation for and in 
  1.24  presentation of evidence to a grand jury, those in preparation 
  1.25  for and during trial, and other translation costs other than 
  1.26  those incurred for the costs of interpreters to assist the 
  2.1   defendant at trial; 
  2.2      (4) expert witness fees incurred by the prosecution 
  2.3   involved in preparation for and during trial, travel and lodging 
  2.4   costs for expert witnesses, whether within or without the state; 
  2.5      (5) costs of conducting an autopsy, preparing an autopsy 
  2.6   report, and testimony of a medical examiner or coroner at a 
  2.7   grand jury and trial; 
  2.8      (6) travel and lodging costs of lay prosecution witnesses, 
  2.9   whether within or without the state; 
  2.10     (7) prosecution exhibit preparation costs and 
  2.11  disbursements, including photographs, slides, demonstrative 
  2.12  exhibits, computer-assisted displays, and costs for medical and 
  2.13  laboratory testing and medical records; and 
  2.14     (8) costs of subpoenas and service of process incurred by 
  2.15  the prosecution or the state.  
  2.16     The court may order this payment in addition to any other 
  2.17  penalty authorized by law which it may impose.  The payment of 
  2.18  the disbursements and costs of the prosecution and the 
  2.19  investigating agency may be enforced in the same manner as the 
  2.20  sentence, or by execution against property.  When collected, the 
  2.21  disbursements and costs must be paid into the treasury of 
  2.22  the county of conviction governmental unit that incurred the 
  2.23  costs or disbursements, but this payment may not interfere with 
  2.24  the payment of officers', witnesses', or jurors' fees.