SF 200

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:11am

A bill for an act
relating to judicial reform; defining infraction offenses and providing a procedure
for adjudicating those cases; reducing the penalty for numerous offenses by
making them infractions; establishing the position of judicial hearing officer and
defining its authority; eliminating the authority of local units of government to
enact criminal ordinances; reducing the number of judges statewide; making
numerous conforming changes; amending Minnesota Statutes 2008, sections
2.722, subdivision 1; 260B.007, subdivision 16; 366.01, subdivision 10; 375.53;
412.231; 484.91, subdivision 4; 609.02, by adding a subdivision; 645.241;
proposing coding for new law in Minnesota Statutes, chapters 410; 484; 609;
proposing coding for new law as Minnesota Statutes, chapter 609C; repealing
Minnesota Statutes 2008, sections 609.02, subdivision 4a; 609.0331; 609.0332;
609.034.

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

Section 1.

Minnesota Statutes 2008, section 2.722, subdivision 1, is amended to read:

Subdivision 1.

Description.

Effective July 1, 1959, the state is divided into ten
judicial districts composed of the following named counties, respectively, in each of which
districts judges shall be chosen as hereinafter specified:

1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; deleted text begin 36 deleted text end new text begin 34 new text end judges;
and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and
Glencoe and one other shall be maintained at the place designated by the chief judge
of the district;

2. Ramsey; deleted text begin 26 deleted text end new text begin 24 new text end judges;

3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn,
Mower, and Fillmore; deleted text begin 23 deleted text end new text begin 21 new text end judges; and permanent chambers shall be maintained in
Faribault, Albert Lea, Austin, Rochester, and Winona;

4. Hennepin; deleted text begin 60 deleted text end new text begin 58 new text end judges;

5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; deleted text begin 16 deleted text end new text begin 14 new text end judges; and
permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm,
and Mankato;

6. Carlton, St. Louis, Lake, and Cook; deleted text begin 15 deleted text end new text begin 13 new text end judges;

7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker,
and Wadena; deleted text begin 28 deleted text end new text begin 26 new text end judges; and permanent chambers shall be maintained in Moorhead,
Fergus Falls, Little Falls, and St. Cloud;

8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine,
Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; deleted text begin 11 deleted text end new text begin 9 new text end judges; and permanent
chambers shall be maintained in Morris, Montevideo, and Willmar;

9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington,
Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
Koochiching; deleted text begin 23 deleted text end new text begin 21 new text end judges; and permanent chambers shall be maintained in Crookston,
Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and

10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington;
deleted text begin 45 deleted text end new text begin 43 new text end judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other
places designated by the chief judge of the district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009. Judges currently
serving in a judgeship that is eliminated may serve out their complete term.
new text end

Sec. 2.

Minnesota Statutes 2008, section 260B.007, subdivision 16, is amended to read:

Subd. 16.

Juvenile petty offender; juvenile petty offense.

(a) "Juvenile petty
offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
a violation of section 609.685, or a violation of a local ordinance, which by its terms
prohibits conduct by a child under the age of 18 years which would be lawful conduct if
committed by an adult.

(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
includes an offense that would be new text begin an infraction or new text end a misdemeanor if committed by an adult.

(c) "Juvenile petty offense" does not include any of the following:

(1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,
609.324, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or 617.23;

(2) a major traffic offense or an adult court traffic offense, as described in section
260B.225;

(3) a misdemeanor-level offense committed by a child whom the juvenile court
previously has found to have committed a misdemeanor, gross misdemeanor, or felony
offense; or

(4) a misdemeanor-level offense committed by a child whom the juvenile court
has found to have committed a misdemeanor-level juvenile petty offense on two or
more prior occasions, unless the county attorney designates the child on the petition
as a juvenile petty offender notwithstanding this prior record. As used in this clause,
"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
would have been a juvenile petty offense if it had been committed on or after July 1, 1995.

(d) A child who commits a juvenile petty offense is a "juvenile petty offender."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 366.01, subdivision 10, is amended to read:

Subd. 10.

deleted text begin Penal deleted text end new text begin Infraction new text end offenses.

They may declare that a violation of an
ordinance is deleted text begin a penal offense deleted text end new text begin an infraction new text end and prescribe penalties for violations, except as
otherwise provided by law new text begin and consistent with the provisions of law relating to infractions new text end .
No penalty shall exceed that provided by law for deleted text begin a misdemeanor deleted text end new text begin an infraction new text end , but the
costs of prosecution may be added.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 4.

Minnesota Statutes 2008, section 375.53, is amended to read:

375.53 VIOLATIONS OF ORDINANCES, PENALTIES.

The county board may declare that the violation of any ordinance deleted text begin shall be a
penal offense deleted text end new text begin is an infraction new text end and prescribe penalties for a violation new text begin consistent with the
provisions of law relating to infractions new text end . The penalties shall not exceed those permitted for
deleted text begin conviction of a misdemeanor deleted text end new text begin infractions new text end as defined by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 5.

new text begin [410.28] INFRACTION PENALTIES.
new text end

new text begin The charter may authorize infraction penalties for violations of the city's ordinances.
A home rule charter city may not establish a penalty for an ordinance violation that
exceeds the maximum penalty for infractions authorized in section 609.126.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 6.

Minnesota Statutes 2008, section 412.231, is amended to read:

412.231 PENALTIES.

The council deleted text begin shall have the power to deleted text end new text begin may new text end declare that the violation of any ordinance
deleted text begin shall be a penal offense deleted text end new text begin is an infraction new text end and deleted text begin to deleted text end prescribe penalties deleted text begin therefor deleted text end new text begin consistent with
the provisions of law relating to infractions new text end . No deleted text begin such deleted text end penalty shall exceed deleted text begin a fine of $1,000
or imprisonment in a city or county jail for a period of 90 days, or both deleted text end new text begin that provided by
law for an infraction new text end , but deleted text begin in either case deleted text end the costs of prosecution may be added.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 7.

new text begin [484.7015] JUDICIAL HEARING OFFICERS.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment. new text end

new text begin Notwithstanding section 487.08, the chief judge of
a judicial district shall appoint one or more suitable persons to act as hearing officers.
Hearing officers hold office at the pleasure of the chief judge and shall be learned in the
law. All hearing officers are subject to the administrative authority and assignment power
of the chief judge as provided in section 484.69, subdivision 3, and are not limited to
assignment to family, probate, juvenile, or special term court. Chief judges shall strongly
consider appointing part-time hearing officers if the judge determines it is efficient and
advisable to do so.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The duties and powers of hearing officers are to:
new text end

new text begin (1) oversee infraction violation bureaus and conduct reviews and hearings in
infraction cases consistent with chapter 609C; and
new text end

new text begin (2) perform any other judicial functions assigned by the chief judge.
new text end

new text begin Subd. 3. new text end

new text begin Training and qualifications of hearing officers. new text end

new text begin The Supreme Court may:
new text end

new text begin (1) provide training for individuals who serve as hearing officers for the infraction
hearing process;
new text end

new text begin (2) establish minimum qualifications for hearing officers; and
new text end

new text begin (3) establish a policy for evaluating and removing hearing officers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 8.

Minnesota Statutes 2008, section 484.91, subdivision 4, is amended to read:

Subd. 4.

Procedure by person receiving misdemeanor citation.

A person who
receives a misdemeanor deleted text begin or petty misdemeanor deleted text end citation shall proceed as follows:

(a) If a fine for the violation may be paid at the bureau without appearance before a
judge, the person charged may pay the fine in person or by mail to the bureau within the
time specified in the citation. Payment of the fine shall be deemed to be the entry of a
plea of guilty to the violation charged and a consent to the imposition of a sentence for the
violation in the amount of the fine paid. A receipt shall be issued to evidence the payment
and the receipt shall be satisfaction for the violation charged in that citation.

(b) When a fine is not paid, the person charged must appear at a bureau within the
time specified in the citation, state whether the person desires to enter a plea of guilty or
not guilty, arrange for a date for arraignment in court, and appear in court for arraignment
on the date set by the bureaus.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2008, section 609.02, is amended by adding a subdivision
to read:

new text begin Subd. 4b. new text end

new text begin Infraction. new text end

new text begin "Infraction" means an offense that is prohibited by statute,
that does not constitute a crime, and that a fine of not more than $750 may be imposed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 10.

new text begin [609.0333] ADJUSTED MAXIMUM PENALTIES; INFRACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Misdemeanors outside controlled substances, DWI, domestic
abuse, and criminal codes; first-time offenses converted to infractions. new text end

new text begin (a) Unless
otherwise specified in a law enacted after January 1, 2009, a law that is not included
within this chapter or chapter 152, 169A, or 518B and that provides for misdemeanor
punishment, or for payment of a fine of not more than $1,000, or for a sentence of
incarceration for 90 days or less with or without a fine, is deemed on or after January 1,
2011, to provide that the violator is guilty of an infraction.
new text end

new text begin (b) This subdivision applies only to instances in which the accused has not been
previously convicted of violating the provision. As used in this subdivision, "convicted"
includes an admission or determination under section 609C.15 that the accused committed
an infraction violation of the provision.
new text end

new text begin Subd. 2. new text end

new text begin Petty misdemeanors converted to infractions. new text end

new text begin On or after January 1,
2011, a law of this state or an ordinance of a local unit of government that classifies an
offense as a petty misdemeanor or imposes a fine of $300 or less is deemed to provide
that the violator is guilty of an infraction.
new text end

new text begin Subd. 3. new text end

new text begin Misdemeanors under ordinances converted to infractions. new text end

new text begin On or
after January 1, 2011, any ordinance of a local unit of government that provides for
misdemeanor punishment, or for payment of a fine of not more than $1,000, or for a
sentence of incarceration for 90 days or less with or without a fine, is deemed to provide
that the violator is guilty of an infraction.
new text end

new text begin Subd. 4. new text end

new text begin Local units of government; no authority to enact criminal penalties.
new text end

new text begin Unless otherwise specified in a law enacted after January 1, 2009, any law of this state
or ordinance or charter of a local unit of government that authorizes a local unit of
government to prescribe a sentence of incarceration for an ordinance violation is deemed
on or after January 1, 2011, to provide that the local unit of government has the power to
prescribe an infraction penalty consistent with section 609.126.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 11.

new text begin [609.0334] MISDEMEANOR PENALTIES REDUCED TO
INFRACTIONS.
new text end

new text begin (a) On or after January 1, 2011, the penalty levels for a violation of the following
sections are reduced from a misdemeanor to an infraction:
new text end

new text begin (1) 152.027, subdivision 3 (possession of small amount of marijuana in a motor
vehicle);
new text end

new text begin (2) 152.027, subdivision 4, paragraph (b) (possession or sale of small amount of
marijuana), if the person has no more than one prior conviction;
new text end

new text begin (3) 152.093 (manufacturing or delivering drug paraphernalia);
new text end

new text begin (4) 152.095 (advertisement of drug paraphernalia);
new text end

new text begin (5) 340A.503, subdivisions 2, clause (2); and 3 (purchase or consumption of alcohol
by underage persons);
new text end

new text begin (6) 609.2246 (tattoos);
new text end

new text begin (7) 609.396, subdivision 1 (unauthorized presence at Camp Ripley);
new text end

new text begin (8) 609.52 (theft), if the value is under $250;
new text end

new text begin (9) 609.526 (precious metal and scrap metal dealers), if the value is under $250;
new text end

new text begin (10) 609.53 (receiving stolen property), if the value is under $250;
new text end

new text begin (11) 609.535 (dishonored checks), if the value is under $125;
new text end

new text begin (12) 609.541, subdivision 2 (removal of library property), if the value is under $250;
new text end

new text begin (13) 609.551 (rustling and livestock theft), if the value is under $150;
new text end

new text begin (14) 609.576, subdivision 1, clause (3), item (i), (negligent fire), if the value is
under $150;
new text end

new text begin (15) 609.576, subdivision 2 (dangerous smoking), unless the person knows that the
act creates a risk of death or bodily harm or serious property damage;
new text end

new text begin (16) 609.595, subdivision 3 (criminal damage to property), if the value is under $250;
new text end

new text begin (17) 609.605, subdivisions 1; and 4, paragraphs (a), (b), and (d) (certain trespass and
school trespass offenses);
new text end

new text begin (18) 609.615, clause (1) (defeating security on realty), if the value is under $150;
new text end

new text begin (19) 609.65, clause (2) (false certification by a notary);
new text end

new text begin (20) 609.684 (abuse of toxic substances);
new text end

new text begin (21) 609.685 (underage tobacco crimes);
new text end

new text begin (22) 609.686, subdivision 1 (certain false fire alarm offenses);
new text end

new text begin (23) 609.705 (unlawful assembly);
new text end

new text begin (24) 609.72 (disorderly conduct);
new text end

new text begin (25) 609.735 (concealing identity);
new text end

new text begin (26) 609.74 (public nuisance);
new text end

new text begin (27) 609.755 (certain acts involving gambling);
new text end

new text begin (28) 609.77 (false information to news media);
new text end

new text begin (29) 609.78, subdivision 1 (certain emergency telephone call offenses);
new text end

new text begin (30) 609.815 (misconduct of junk or secondhand dealer);
new text end

new text begin (31) 609.82 (fraud in obtaining credit), if the value is under $250;
new text end

new text begin (32) 609.85, subdivisions 5 and 6 (placing obstruction on or allowing animals on
railroad tracks);
new text end

new text begin (33) 609.851, subdivision 1 (certain false traffic signal offenses);
new text end

new text begin (34) 609.855, subdivisions 1; 2, paragraph (c), clause (2); and 3 (certain crimes
involving transit);
new text end

new text begin (35) 609.88 (computer damage), if the value is under $250;
new text end

new text begin (36) 609.89 (computer theft), if the value is under $250;
new text end

new text begin (37) 609.891, subdivision 4 (certain unauthorized computer access offenses);
new text end

new text begin (38) 609.893 (telecommunications fraud), if the value is under $250;
new text end

new text begin (39) 624.25, clauses (2) and (3) (certain fireworks violations); and
new text end

new text begin (40) 624.63 (dangerous exhibitions).
new text end

new text begin (b) Except as otherwise provided, the reductions in this section apply only to
offenses where the accused has not been previously convicted of violating that section. As
used in this section, "convicted" includes an admission or determination under section
609C.15 that the accused committed an infraction violation of the section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 12.

new text begin [609.126] INFRACTION PUNISHMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin A fine of not more than $750 may be imposed for:
new text end

new text begin (1) an infraction for which the punishment is not otherwise provided;
new text end

new text begin (2) a violation of a statute that specifies only a fine as a penalty but does not specify
the amount of the fine;
new text end

new text begin (3) a violation of a statute that prohibits conduct without specifying the punishment;
or
new text end

new text begin (4) a violation of an ordinance of a local unit of government.
new text end

new text begin Subd. 2. new text end

new text begin Alternative punishment. new text end

new text begin The offender may be offered the option of
performing either or both of the following in lieu of all or part of the fine:
new text end

new text begin (1) restitution; or
new text end

new text begin (2) compliance with any other reasonable condition agreed to by the offender.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 13.

new text begin [609C.01] INFRACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin Any violation of state law or local ordinance may be
designated an infraction by statute. An infraction is not a crime and carries no penalty
other than a fine not greater than the maximum amount authorized by section 609.126 or
either or both of the following in lieu of all or part of the fine:
new text end

new text begin (1) restitution; or
new text end

new text begin (2) compliance with any other reasonable condition agreed to by the infraction
violator.
new text end

new text begin Subd. 2. new text end

new text begin Supervision fee. new text end

new text begin If community work service is agreed to under subdivision
1, clause (2), the violator may be required to pay an appropriate supervision fee.
new text end

new text begin Subd. 3. new text end

new text begin Assessing and enforcing infractions. new text end

new text begin This chapter provides the exclusive
means for assessing and enforcing infraction penalties. A court shall not issue an arrest
warrant to enforce an infraction penalty.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 14.

new text begin [609C.03] ESTABLISHMENT OF INFRACTION VIOLATION
BUREAUS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin An infraction violation bureau shall be established
in each judicial district.
new text end

new text begin Subd. 2. new text end

new text begin Supervision and operation. new text end

new text begin The chief judge of the district shall supervise
and the court administrator shall operate the infraction violation bureau in each district.
The chief judge of the district shall assign one or more hearing officers to discharge and
perform the duties of the infraction violation bureau.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 15.

new text begin [609C.05] ISSUING CITATION.
new text end

new text begin An infraction citation may be issued by any person authorized by law to issue the
citation if the person has probable cause to believe a person has committed an infraction.
The infraction need not have been committed in the presence of the person issuing the
citation. The person issuing the citation shall state a penalty in the citation in accordance
with the penalty schedule described in section 609C.23.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 16.

new text begin [609C.07] CONTENTS OF CITATION.
new text end

new text begin Subdivision 1. new text end

new text begin Contents. new text end

new text begin A citation assessing a penalty for an infraction shall
include:
new text end

new text begin (1) a concise statement of the facts alleged to constitute the infraction and a reference
to the statute, rule, or ordinance violated;
new text end

new text begin (2) the amount of the penalty, including fine, restitution, or other reasonable
condition, that will be imposed if the person does not appear to contest or explain the
citation;
new text end

new text begin (3) the date by which the person must either pay the penalty, arrange with the
violation bureau to pay the penalty, or appear in person to contest or explain the citation;
new text end

new text begin (4) a statement that the person may be detained, when necessary, for the purpose of
determining and verifying the person's identity;
new text end

new text begin (5) a statement that failure to satisfy or contest a citation by the date indicated
constitutes an admission of the infraction;
new text end

new text begin (6) a statement that if the person fails to satisfy or contest the penalty by the date
indicated, the debt may be referred for collection under the provisions of chapter 16D; and
new text end

new text begin (7) a statement that an infraction is not a crime.
new text end

new text begin Subd. 2. new text end

new text begin Form. new text end

new text begin The state court administrator shall prepare an infraction citation
form that shall be made available to law enforcement agencies and shall be the exclusive
citation form for infractions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 17.

new text begin [609C.09] IDENTIFYING INFRACTION VIOLATOR.
new text end

new text begin If a person to whom an infraction citation is to be issued does not provide a
reasonable form of identification, the person may be detained for identification purposes.
The person detained must be informed promptly of the purpose of the detention and
may not be subjected to unreasonable or unnecessary force. The person detained may
be fingerprinted and photographed for the purpose of determining and verifying the
person's identity. The person must be released from detention upon satisfactory proof
of the person's identity or completion of the fingerprinting and photographing process,
whichever occurs first. The fingerprints and photograph must be destroyed or given to the
person upon satisfactory proof of the person's identity or final resolution of the citation,
whichever occurs first. Until released, the person may be detained in any detention facility
licensed by the commissioner of corrections.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 18.

new text begin [609C.11] PAYING OR CONTESTING A CITATION.
new text end

new text begin Subdivision 1. new text end

new text begin Paying or contesting a citation. new text end

new text begin A person who receives an
infraction citation shall do one of the following on or before the penalty due date indicated
on the form:
new text end

new text begin (1) pay the amount of the penalty that consists of a fine or restitution by mail, or pay
or make arrangements to pay the penalty in person at the infraction violation bureau; or
new text end

new text begin (2) appear in person at the infraction violation bureau to contest or explain the
citation as provided in sections 609C.13 to 609C.15.
new text end

new text begin Subd. 2. new text end

new text begin Effect of paying or failing to pay citation. new text end

new text begin Payment of the penalty under
subdivision 1, clause (1), constitutes an admission of the infraction. Failure to satisfy
or make arrangements to satisfy the penalty or to contest or explain the citation by the
penalty due date constitutes an admission of the infraction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 19.

new text begin [609C.13] CONTESTED CITATIONS; PROCEDURES GENERALLY.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The procedures specified in this section apply where a
person contests a citation before an infraction violation bureau.
new text end

new text begin Subd. 2. new text end

new text begin Counsel. new text end

new text begin The person may be represented by counsel if the person chooses,
but the person is not eligible for appointed counsel at public expense.
new text end

new text begin Subd. 3. new text end

new text begin Clear and convincing evidence. new text end

new text begin The hearing officer shall affirm the
citation if the officer determines by clear and convincing evidence that the person
committed the infraction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 20.

new text begin [609C.15] CONTESTED CITATIONS; VIOLATION BUREAU
PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Appearance. new text end

new text begin A person who wishes to contest or explain a citation
shall appear in person at the bureau at any time during its hours of operation before the
penalty due date indicated on the citation. Upon request for good cause shown, the
hearing officer may extend for not more than seven days the date by which the citation
must be paid or contested.
new text end

new text begin Subd. 2. new text end

new text begin Procedure before hearing officer. new text end

new text begin (a) The person contesting or explaining
the citation shall provide the hearing officer with any testimony or evidence that may help
the officer decide whether to affirm or dismiss the citation or to modify the penalty. The
person contesting the citation bears the burden to prove that person is not the individual
named in the citation. The hearing officer shall conduct the proceeding in an informal
manner and may obtain additional information from other sources where relevant to
resolving the proceeding.
new text end

new text begin (b) At the conclusion of the proceeding, the hearing officer may:
new text end

new text begin (1) dismiss the citation;
new text end

new text begin (2) settle the matter with the person either with or without modifying the penalty; or
new text end

new text begin (3) schedule a future hearing under subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Contested hearing. new text end

new text begin If the matter is not resolved under subdivision 2, the
hearing officer shall schedule a hearing on the matter. The hearing must be recorded and
conducted under rules adopted by the Supreme Court. The prosecuting attorney with
jurisdiction over the case has the burden of proving by clear and convincing evidence that
the person committed the offense. Both parties to the case may call and cross-examine
witnesses.
new text end

new text begin Subd. 4. new text end

new text begin Hearing officer's decision. new text end

new text begin The hearing officer shall affirm the citation if
the officer determines that the person committed the infraction. Otherwise, the hearing
officer shall dismiss the citation. If the hearing officer affirms the citation, the officer may
either affirm the penalty indicated on the citation form or may modify the penalty. If the
officer modifies the penalty, the officer may, with the person's consent, order the person to
perform community work service in lieu of all or part of the fine if a program has been
approved by the district court for the purposes of liability claims under section 3.739, and
is available in the county the infraction was committed.
new text end

new text begin Subd. 5. new text end

new text begin Affirming, review, or appeal. new text end

new text begin If a penalty is affirmed, it is payable when
the hearing officer makes the decision unless otherwise provided by the officer. A party
aggrieved by the decision may request review of the matter by the district court. Either
party has a right to request review of the decision. In the event of a review, the penalty due
date is stayed pending the final decision by the district court in the case. The chief judge
of the judicial district shall assign the review to a district court judge. Chapter 480A and
the Rules of Appellate Procedure apply to appeals from the district court.
new text end

new text begin Subd. 6. new text end

new text begin Rules. new text end

new text begin The Supreme Court shall adopt rules to implement this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 21.

new text begin [609C.19] COLLECTING PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Collection. new text end

new text begin If a penalty assessed under this chapter is not paid when
due, it may be collected in the same manner as court-imposed fines or it may be referred
for collection under chapter 16D or to a private agency or other collection entity. The
court administrator shall add a ten percent collection fee to any penalty that is not paid
when due. The penalty also may be docketed as a civil judgment.
new text end

new text begin Subd. 2. new text end

new text begin Converting penalty to fine. new text end

new text begin If the penalty consists of work or other
condition in lieu of all or part of a fine and was not performed or fulfilled, the penalty may
be converted to a fine amount, consistent with the penalty schedule established in section
609C.23, and collected as provided in this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 22.

new text begin [609C.21] DISTRIBUTING PENALTIES.
new text end

new text begin Nothing in this chapter alters the distribution of fine proceeds provided by other
applicable law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 23.

new text begin [609C.23] PENALTY SCHEDULE.
new text end

new text begin On or before January 1, 2011, the Judicial Council shall develop a penalty schedule
applicable to infractions. The penalty schedule may include one or more of the following
items:
new text end

new text begin (1) a schedule of maximum fines for each type of infraction;
new text end

new text begin (2) a method for determining the amount of restitution owed to a victim, if any;
new text end

new text begin (3) a method for converting fine amounts into community work service hours; and
new text end

new text begin (4) surcharges for persons who fail to perform work as agreed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 24.

Minnesota Statutes 2008, section 645.241, is amended to read:

645.241 PUNISHMENT FOR PROHIBITED ACTS.

When the performance of any act is prohibited by a statute deleted text begin , deleted text end and no penalty deleted text begin for the
violation of the same shall be deleted text end new text begin is new text end imposed deleted text begin in any statute deleted text end , deleted text begin the doing of such act shall be a
misdemeanor deleted text end new text begin , a violation is an infraction new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end

Sec. 25. new text begin JUDICIAL DETERMINATION OF ALLOCATION OF JUDGESHIP
REDUCTIONS STATEWIDE AND SPECIFIC JUDGESHIP ELIMINATIONS.
new text end

new text begin Notwithstanding the reductions in judgeships specified in section 1 of this act, the
Supreme Court, in consultation with the Judicial Council and judges and attorneys in
each affected judicial district, may allocate the reductions in a different manner so as to
further the goals of effective judicial administration and adequate access to the courts. By
December 1, 2009, the Supreme Court, in consultation with the parties under this section,
shall determine which specific judgeships are being eliminated. After determining this,
the Supreme Court shall make this information public. The total number of eliminated
judgeships must equal 20.
new text end

Sec. 26. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Integrating amendments into statute. new text end

new text begin If the 2009 or 2010
legislature enacts a provision imposing a petty misdemeanor penalty or a fine of $300 or
less, the revisor of statutes shall classify the penalty as an infraction in the 2011 and
subsequent editions of Minnesota Statutes.
new text end

new text begin Subd. 2. new text end

new text begin Substituting infraction for petty misdemeanor. new text end

new text begin In the 2011 and
subsequent editions of Minnesota Statutes, the revisor of statutes shall substitute the term
"infraction" for the term "petty misdemeanor" in all instances in which it appears. The
revisor shall also make other necessary technical corrections and changes to statutes
containing references to petty misdemeanors consistent with this act.
new text end

new text begin Subd. 3. new text end

new text begin Eventual substitution of infraction for misdemeanor. new text end

new text begin Unless otherwise
specified in a law enacted after January 1, 2009, if a statute that is not included within
Minnesota Statutes, chapter 152, 169A, 518B, or 609, provides for a misdemeanor penalty
or for payment of a fine of $1,000 or less or for a sentence of incarceration for 90 days or
less, with or without a fine, the revisor of statutes, consistent with section 9, subdivision
1, shall modify the statute in the 2011 and subsequent editions of Minnesota Statutes to
specify that a first-time violator is guilty of an infraction. The revisor shall also make other
necessary technical corrections and changes to those statutes consistent with this act.
new text end

new text begin Subd. 4. new text end

new text begin Substitution of infraction for misdemeanor consistent with section 10.
new text end

new text begin In the 2011 and subsequent editions of Minnesota Statutes, the revisor of statutes shall
substitute the term "infraction" for the term "misdemeanor" in the statutes listed in section
10 in a manner consistent with that section. The revisor shall also make other necessary
technical corrections and changes to those statutes consistent with this act.
new text end

new text begin Subd. 5. new text end

new text begin Preparation of bill. new text end

new text begin If the revisor of statutes determines that other changes
to statutes are required because of this act, but are not authorized under this section or the
revisor's general editorial powers, the revisor shall prepare a bill for introduction in the
2012 legislative session to make these changes.
new text end

Sec. 27. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 609.02, subdivision 4a; 609.0331; 609.0332;
and 609.034, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end