SF 826

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; requiring court-ordered restitution 
  1.3             to be paid before payment of fines; amending Minnesota 
  1.4             Statutes 1996, sections 609.10; 609.125; and 611A.04, 
  1.5             by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 609.10, is 
  1.8   amended to read: 
  1.9      609.10 [SENTENCES AVAILABLE.] 
  1.10     Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
  1.11  felony and compliance with the other provisions of this chapter 
  1.12  the court, if it imposes sentence, may sentence the defendant to 
  1.13  the extent authorized by law as follows: 
  1.14     (1) to life imprisonment; or 
  1.15     (2) to imprisonment for a fixed term of years set by the 
  1.16  court; or 
  1.17     (3) to both imprisonment for a fixed term of years and 
  1.18  payment of a fine; or 
  1.19     (4) to payment of a fine without imprisonment or to 
  1.20  imprisonment for a fixed term of years if the fine is not paid; 
  1.21  or 
  1.22     (5) to payment of court-ordered restitution in addition to 
  1.23  either imprisonment or payment of a fine, or both; or 
  1.24     (6) to payment of a local correctional fee as authorized 
  1.25  under section 609.102 in addition to any other sentence imposed 
  2.1   by the court. 
  2.2      Subd. 2.  [RESTITUTION.] (a) As used in this section, 
  2.3   "restitution" includes: 
  2.4      (i) (1) payment of compensation to the victim or the 
  2.5   victim's family; and 
  2.6      (ii) (2) if the victim is deceased or already has been 
  2.7   fully compensated, payment of money to a victim assistance 
  2.8   program or other program directed by the court. 
  2.9      In controlled substance crime cases, "restitution" also 
  2.10  includes payment of compensation to a government entity that 
  2.11  incurs loss as a direct result of the controlled substance crime.
  2.12     (b) When the defendant does not pay the entire amount of 
  2.13  court-ordered restitution and the fine at the same time, all 
  2.14  restitution ordered by the court shall be paid before the fine 
  2.15  is paid. 
  2.16     Sec. 2.  Minnesota Statutes 1996, section 609.125, is 
  2.17  amended to read: 
  2.18     609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
  2.19     Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
  2.20  misdemeanor or gross misdemeanor the court, if sentence is 
  2.21  imposed, may, to the extent authorized by law, sentence the 
  2.22  defendant: 
  2.23     (1) to imprisonment for a definite term; or 
  2.24     (2) to payment of a fine, or to imprisonment for a 
  2.25  specified term if the fine is not paid; or 
  2.26     (3) to both imprisonment for a definite term and payment of 
  2.27  a fine; or 
  2.28     (4) to payment of court-ordered restitution in addition to 
  2.29  either imprisonment or payment of a fine, or both; or 
  2.30     (5) to payment of a local correctional fee as authorized 
  2.31  under section 609.102 in addition to any other sentence imposed 
  2.32  by the court. 
  2.33     Subd. 2.  [RESTITUTION.] (a) As used in this section, 
  2.34  "restitution" includes: 
  2.35     (i) (1) payment of compensation to the victim or the 
  2.36  victim's family; and 
  3.1      (ii) (2) if the victim is deceased or already has been 
  3.2   fully compensated, payment of money to a victim assistance 
  3.3   program or other program directed by the court. 
  3.4      In controlled substance crime cases, "restitution" also 
  3.5   includes payment of compensation to a government entity that 
  3.6   incurs loss as a direct result of the controlled substance crime.
  3.7      (b) When the defendant does not pay the entire amount of 
  3.8   court-ordered restitution and the fine at the same time, all 
  3.9   restitution ordered by the court shall be paid before the fine 
  3.10  is paid. 
  3.11     Sec. 3.  Minnesota Statutes 1996, section 611A.04, is 
  3.12  amended by adding a subdivision to read: 
  3.13     Subd. 4.  [PAYMENT OF RESTITUTION.] When the court orders 
  3.14  both the payment of restitution and the payment of a fine and 
  3.15  the defendant does not pay the entire amount of court-ordered 
  3.16  restitution and the fine at the same time, all restitution 
  3.17  ordered by the court shall be paid before the fine is paid. 
  3.18     Sec. 4.  [EFFECTIVE DATE.] 
  3.19     Sections 1 to 3 are effective August 1, 1997, and apply to 
  3.20  crimes committed on or after that date.