SF 2016

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; authorizing courts to award 
  1.3             restitution in controlled substance crime cases to 
  1.4             government entities that incur loss as a result of the 
  1.5             crime; amending Minnesota Statutes 1995 Supplement, 
  1.6             sections 609.10; 609.125; and 611A.01. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.9   609.10, is amended to read: 
  1.10     609.10 [SENTENCES AVAILABLE.] 
  1.11     Upon conviction of a felony and compliance with the other 
  1.12  provisions of this chapter the court, if it imposes sentence, 
  1.13  may sentence the defendant to the extent authorized by law as 
  1.14  follows: 
  1.15     (1) to life imprisonment; or 
  1.16     (2) to imprisonment for a fixed term of years set by the 
  1.17  court; or 
  1.18     (3) to both imprisonment for a fixed term of years and 
  1.19  payment of a fine; or 
  1.20     (4) to payment of a fine without imprisonment or to 
  1.21  imprisonment for a fixed term of years if the fine is not paid; 
  1.22  or 
  1.23     (5) to payment of court-ordered restitution in addition to 
  1.24  either imprisonment or payment of a fine, or both; or 
  1.25     (6) to payment of a local correctional fee as authorized 
  1.26  under section 609.102 in addition to any other sentence imposed 
  2.1   by the court. 
  2.2      As used in this section, "restitution" includes: 
  2.3      (i) payment of compensation to the victim or the victim's 
  2.4   family; and 
  2.5      (ii) if the victim is deceased or already has been fully 
  2.6   compensated, payment of money to a victim assistance program or 
  2.7   other program directed by the court. 
  2.8      In controlled substance crime cases, "restitution" also 
  2.9   includes payment of compensation to a government entity that 
  2.10  incurs loss as a direct result of the controlled substance crime.
  2.11     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.12  609.125, is amended to read: 
  2.13     609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
  2.14     Upon conviction of a misdemeanor or gross misdemeanor the 
  2.15  court, if sentence is imposed, may, to the extent authorized by 
  2.16  law, sentence the defendant: 
  2.17     (1) to imprisonment for a definite term; or 
  2.18     (2) to payment of a fine, or to imprisonment for a 
  2.19  specified term if the fine is not paid; or 
  2.20     (3) to both imprisonment for a definite term and payment of 
  2.21  a fine; or 
  2.22     (4) to payment of court-ordered restitution in addition to 
  2.23  either imprisonment or payment of a fine, or both; or 
  2.24     (5) to payment of a local correctional fee as authorized 
  2.25  under section 609.102 in addition to any other sentence imposed 
  2.26  by the court. 
  2.27     As used in this section, "restitution" includes: 
  2.28     (i) payment of compensation to the victim or the victim's 
  2.29  family; and 
  2.30     (ii) if the victim is deceased or already has been fully 
  2.31  compensated, payment of money to a victim assistance program or 
  2.32  other program directed by the court. 
  2.33     In controlled substance crime cases, "restitution" also 
  2.34  includes payment of compensation to a government entity that 
  2.35  incurs loss as a direct result of the controlled substance crime.
  2.36     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  3.1   611A.01, is amended to read: 
  3.2      611A.01 [DEFINITIONS.] 
  3.3      For the purposes of sections 611A.01 to 611A.06: 
  3.4      (a) "Crime" means conduct that is prohibited by local 
  3.5   ordinance and results in bodily harm to an individual; or 
  3.6   conduct that is included within the definition of "crime" in 
  3.7   section 609.02, subdivision 1, or would be included within that 
  3.8   definition but for the fact that (i) the person engaging in the 
  3.9   conduct lacked capacity to commit the crime under the laws of 
  3.10  this state, or (ii) the act was alleged or found to have been 
  3.11  committed by a juvenile; 
  3.12     (b) "Victim" means a natural person who incurs loss or harm 
  3.13  as a result of a crime, including a good faith effort to prevent 
  3.14  a crime, and for purposes of sections 611A.04 and 611A.045, also 
  3.15  includes (i) a corporation that incurs loss or harm as a result 
  3.16  of a crime, and (ii) any other entity authorized to receive 
  3.17  restitution under section 609.10 or 609.125.  If the victim is a 
  3.18  natural person and is deceased, "victim" means the deceased's 
  3.19  surviving spouse or next of kin; and 
  3.20     (c) "Juvenile" has the same meaning as given to the term 
  3.21  "child" in section 260.015, subdivision 2.  
  3.22     Sec. 4.  [EFFECTIVE DATE.] 
  3.23     Sections 1 to 3 are effective August 1, 1996, and apply to 
  3.24  crimes committed on or after that date.