HF 583

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/08/2022 12:23pm

A bill for an act
relating to public safety; regulating charitable bail organizations; proposing coding
for new law in Minnesota Statutes, chapter 629.

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

Section 1.

new text begin [629.705] CHARITABLE BAIL ORGANIZATIONS; REQUIREMENTS;
LIMITATIONS.
new text end

new text begin (a) As used in this section, "charitable bail organization" means an organization that:
new text end

new text begin (1) solicits or accepts donations from the public; and
new text end

new text begin (2) agrees to deposit money for bail for another person.
new text end

new text begin (b) To legally operate as a charitable bail organization, the organization must:
new text end

new text begin (1) except as provided in paragraph (e), comply fully with rule 702 of the Minnesota
General Rules of Practice for the district courts and all related court policies and procedures;
new text end

new text begin (2) be a nonprofit charitable organization under section 501(c)(3) of the Internal Revenue
Code;
new text end

new text begin (3) be currently registered to do business in Minnesota; and
new text end

new text begin (4) be located in Minnesota.
new text end

new text begin (c) A charitable bail organization may not:
new text end

new text begin (1) deposit cash bail for a felony offense;
new text end

new text begin (2) execute a surety bond for a defendant;
new text end

new text begin (3) charge a premium or receive any consideration for its actions;
new text end

new text begin (4) deposit cash bail in excess of $2,000;
new text end

new text begin (5) deposit bail for a defendant who is not indigent; or
new text end

new text begin (6) solicit or accept donations from the public before complying with paragraph (b).
new text end

new text begin (d) Paragraph (b), clause (1), applies only to charitable bail organizations that post bail
for more than two individuals within a 180-day period.
new text end

new text begin (e) The state court administrator may waive the requirement regarding licensure by the
Department of Commerce in rule 702 of the Minnesota General Rules of Practice for the
district courts if the administrator determines that licensure is not appropriate under the
circumstances.
new text end