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SF 1136

as introduced - 88th Legislature (2013 - 2014) Posted on 03/08/2013 10:08am

KEY: stricken = removed, old language. underscored = added, new language.

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1.1A bill for an act
1.2relating to public safety; clarifying the application of the criminal and traffic
1.3surcharge to offenders who enter diversion programs;amending Minnesota
1.4Statutes 2012, section 357.021, subdivision 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 357.021, subdivision 6, is amended to read:
1.7    Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
1.8in this paragraph, the court shall impose and the court administrator shall collect a $75
1.9surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
1.10petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
1.11parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
1.12than one offense in a case, the surcharge shall be imposed only once in that case. In the
1.13Second Judicial District, the court shall impose, and the court administrator shall collect,
1.14an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
1.15misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
1.16relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
1.17$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
1.18imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
1.19is convicted of a petty misdemeanor for which no fine is imposed.
1.20    (b) If the court fails to impose a surcharge as required by this subdivision, the court
1.21administrator shall show the imposition of the surcharge, collect the surcharge, and
1.22correct the record.
1.23    (c) The court may not waive payment of the surcharge required under this
1.24subdivision. Upon a showing of indigency or undue hardship upon the convicted person
2.1or the convicted person's immediate family, the sentencing court may authorize payment
2.2of the surcharge in installments.
2.3    (d) The court administrator or other entity collecting a surcharge shall forward it to
2.4the commissioner of management and budget.
2.5    (e) If the convicted person is sentenced to imprisonment and has not paid the
2.6surcharge before the term of imprisonment begins, the chief executive officer of the
2.7correctional facility in which the convicted person is incarcerated shall collect the
2.8surcharge from any earnings the inmate accrues from work performed in the facility or
2.9while on conditional release. The chief executive officer shall forward the amount collected
2.10to the court administrator or other entity collecting the surcharge imposed by the court.
2.11(f) A person who enters a court-ordered diversion program, or is granted a
2.12continuance without prosecution, continuance for dismissal, or stay of adjudication for a
2.13violation of chapter 169, after a charge has been referred to court administration, must pay
2.14the surcharge described in this subdivision. A surcharge imposed under this paragraph
2.15shall be imposed only once per case.
2.16(g) The surcharge does not apply to administrative citations issued pursuant to
2.17section 169.999.
2.18EFFECTIVE DATE.This section is effective July 1, 2013.

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