SF 2134

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing that no 
  1.3             district court fee is required from public authority 
  1.4             to bring action for vehicle forfeiture; expanding the 
  1.5             criminal penalty for fleeing a peace officer to 
  1.6             include the forfeiture of motor vehicles used in the 
  1.7             offense; providing a penalty; amending Minnesota 
  1.8             Statutes 1994, sections 357.021, subdivision 1a; and 
  1.9             609.487, by adding a subdivision; proposing coding for 
  1.10            new law in Minnesota Statutes, chapter 609; repealing 
  1.11            Minnesota Statutes 1995 Supplement, section 609.5312, 
  1.12            subdivision 4. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 357.021, 
  1.15  subdivision 1a, is amended to read: 
  1.16     Subd. 1a.  (a) Every person, including the state of 
  1.17  Minnesota and all bodies politic and corporate, who shall 
  1.18  transact any business in the district court, shall pay to the 
  1.19  court administrator of said court the sundry fees prescribed in 
  1.20  subdivision 2.  Except as provided in paragraph (d), the court 
  1.21  administrator shall transmit the fees monthly to the state 
  1.22  treasurer for deposit in the state treasury and credit to the 
  1.23  general fund.  
  1.24     (b) In a county which has a screener-collector position, 
  1.25  fees paid by a county pursuant to this subdivision shall be 
  1.26  transmitted monthly to the county treasurer, who shall apply the 
  1.27  fees first to reimburse the county for the amount of the salary 
  1.28  paid for the screener-collector position.  The balance of the 
  1.29  fees collected shall then be forwarded to the state treasurer 
  2.1   for deposit in the state treasury and credited to the general 
  2.2   fund.  In a county in the eighth judicial district which has a 
  2.3   screener-collector position, the fees paid by a county shall be 
  2.4   transmitted monthly to the state treasurer for deposit in the 
  2.5   state treasury and credited to the general fund.  A 
  2.6   screener-collector position for purposes of this paragraph is an 
  2.7   employee whose function is to increase the collection of fines 
  2.8   and to review the incomes of potential clients of the public 
  2.9   defender, in order to verify eligibility for that service. 
  2.10     (c) No fee is required under this section from the public 
  2.11  authority or the party the public authority represents in an 
  2.12  action for: 
  2.13     (1) child support enforcement or modification, medical 
  2.14  assistance enforcement, or establishment of parentage in the 
  2.15  district court, or child or medical support enforcement 
  2.16  conducted by an administrative law judge in an administrative 
  2.17  hearing under section 518.5511; 
  2.18     (2) civil commitment under chapter 253B; 
  2.19     (3) the appointment of a public conservator or public 
  2.20  guardian or any other action under chapters 252A and 525; 
  2.21     (4) wrongfully obtaining public assistance under section 
  2.22  256.98 or 256D.07, or recovery of overpayments of public 
  2.23  assistance; 
  2.24     (5) court relief under chapter 260; 
  2.25     (6) forfeiture of property under section 169.1217 or 
  2.26  sections 609.531 to 609.5317; 
  2.27     (7) recovery of amounts issued by political subdivisions or 
  2.28  public institutions under sections 246.52, 252.27, 256.045, 
  2.29  256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
  2.30  260.251, or other sections referring to other forms of public 
  2.31  assistance; or 
  2.32     (8) restitution under section 611A.04. 
  2.33     (d) The fees collected for child support modifications 
  2.34  under subdivision 2, clause (13), must be transmitted to the 
  2.35  county treasurer for deposit in the county general fund.  The 
  2.36  fees must be used by the county to pay for child support 
  3.1   enforcement efforts by county attorneys. 
  3.2      Sec. 2.  Minnesota Statutes 1994, section 609.487, is 
  3.3   amended by adding a subdivision to read: 
  3.4      Subd. 5.  [CRIMINAL FORFEITURE.] (a) When a person is 
  3.5   convicted of violating this section, the court may order the 
  3.6   person to forfeit to the prosecuting authority the motor vehicle 
  3.7   used in the violation.  In deciding whether to order forfeiture, 
  3.8   the court may consider whether the forfeiture of the vehicle 
  3.9   would create an undue hardship for members of the owner's 
  3.10  family.  Forfeiture may be ordered in addition to, or as an 
  3.11  alternative to, other penalties provided for in this section. 
  3.12     (b) A forfeiture under this subdivision is governed by 
  3.13  sections 609.907 and 609.908 and is subject to the limitations 
  3.14  contained in section 609.5312, subdivision 2. 
  3.15     (c) A vehicle leased or rented under section 168.27, 
  3.16  subdivision 4, is not subject to forfeiture under this 
  3.17  subdivision. 
  3.18     Sec. 3.  [609.5319] [FINANCIAL INSTITUTION SECURED 
  3.19  INTEREST.] 
  3.20     Property which is subject to a bona fide security interest, 
  3.21  based upon a loan or other financing arranged by a bank, credit 
  3.22  union, or any other financial institution, is subject to the 
  3.23  interest of the bank, credit union, or other financial 
  3.24  institution in any forfeiture proceeding which is based upon a 
  3.25  violation of any provision of chapter 609 or the commission of 
  3.26  any other criminal act.  The security interest must be 
  3.27  established by clear and convincing evidence. 
  3.28     Sec. 4.  [REPEALER.] 
  3.29     Minnesota Statutes 1995 Supplement, section 609.5312, 
  3.30  subdivision 4, is repealed.