SF 2163

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; allowing sentences for felonies, 
  1.3             gross misdemeanors, and misdemeanors to include the 
  1.4             payment of costs of prosecution and investigation; 
  1.5             expanding the definition of victim; expanding 
  1.6             recoverable costs in a criminal case to include costs 
  1.7             and disbursements of prosecution and investigation in 
  1.8             both adult and juvenile cases; amending Minnesota 
  1.9             Statutes 1994, section 631.48; Minnesota Statutes 1995 
  1.10            Supplement, sections 609.10; 609.125; and 611A.01. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.13  609.10, is amended to read: 
  1.14     609.10 [SENTENCES AVAILABLE.] 
  1.15     Upon conviction of a felony and compliance with the other 
  1.16  provisions of this chapter the court, if it imposes sentence, 
  1.17  may sentence the defendant to the extent authorized by law as 
  1.18  follows: 
  1.19     (1) to life imprisonment; or 
  1.20     (2) to imprisonment for a fixed term of years set by the 
  1.21  court; or 
  1.22     (3) to both imprisonment for a fixed term of years and 
  1.23  payment of a fine; or 
  1.24     (4) to payment of a fine without imprisonment or to 
  1.25  imprisonment for a fixed term of years if the fine is not paid; 
  1.26  or 
  1.27     (5) to payment of court-ordered restitution in addition to 
  1.28  either imprisonment or payment of a fine, or both; or 
  2.1      (6) to payment of a local correctional fee as authorized 
  2.2   under section 609.102 in addition to any other sentence imposed 
  2.3   by the court; or 
  2.4      (7) to payment of the costs of prosecution as authorized 
  2.5   under section 631.48, in addition to any other sentence imposed 
  2.6   by the court. 
  2.7      As used in this section, "restitution" includes: 
  2.8      (i) payment of compensation to the victim or the victim's 
  2.9   family; and 
  2.10     (ii) if the victim is deceased or already has been fully 
  2.11  compensated, payment of money to a victim assistance program or 
  2.12  other program directed by the court. 
  2.13     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.14  609.125, is amended to read: 
  2.15     609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
  2.16     Upon conviction of a misdemeanor or gross misdemeanor the 
  2.17  court, if sentence is imposed, may, to the extent authorized by 
  2.18  law, sentence the defendant: 
  2.19     (1) to imprisonment for a definite term; or 
  2.20     (2) to payment of a fine, or to imprisonment for a 
  2.21  specified term if the fine is not paid; or 
  2.22     (3) to both imprisonment for a definite term and payment of 
  2.23  a fine; or 
  2.24     (4) to payment of court-ordered restitution in addition to 
  2.25  either imprisonment or payment of a fine, or both; or 
  2.26     (5) to payment of a local correctional fee as authorized 
  2.27  under section 609.102 in addition to any other sentence imposed 
  2.28  by the court; or 
  2.29     (6) to payment of the costs of prosecution as authorized 
  2.30  under section 631.48, in addition to any other sentence imposed 
  2.31  by the court. 
  2.32     As used in this section, "restitution" includes: 
  2.33     (i) payment of compensation to the victim or the victim's 
  2.34  family; and 
  2.35     (ii) if the victim is deceased or already has been fully 
  2.36  compensated, payment of money to a victim assistance program or 
  3.1   other program directed by the court. 
  3.2      Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  3.3   611A.01, is amended to read: 
  3.4      611A.01 [DEFINITIONS.] 
  3.5      For the purposes of sections 611A.01 to 611A.06: 
  3.6      (a) "Crime" means conduct that is prohibited by local 
  3.7   ordinance and results in bodily harm to an individual; or 
  3.8   conduct that is included within the definition of "crime" in 
  3.9   section 609.02, subdivision 1, or would be included within that 
  3.10  definition but for the fact that (i) the person engaging in the 
  3.11  conduct lacked capacity to commit the crime under the laws of 
  3.12  this state, or (ii) the act was alleged or found to have been 
  3.13  committed by a juvenile; 
  3.14     (b) "Victim" means a natural person who incurs suffers 
  3.15  personal injury, death, property damage or loss, or other loss 
  3.16  or harm as a result of a crime, including a good faith effort to 
  3.17  prevent a crime,: 
  3.18     (1) a crime; 
  3.19     (2) the good faith effort of any person to prevent a crime; 
  3.20  or 
  3.21     (3) the good faith effort of any person to apprehend a 
  3.22  person suspected of engaging in a crime; 
  3.23  and for purposes of sections 611A.04 and 611A.045, also includes 
  3.24  a corporation that incurs loss or harm as a result of a crime.  
  3.25  If the victim is a natural person and is deceased, "victim" 
  3.26  means the deceased's surviving spouse or next of kin; and 
  3.27     (c) "Juvenile" has the same meaning as given to the term 
  3.28  "child" in section 260.015, subdivision 2.  
  3.29     Sec. 4.  Minnesota Statutes 1994, section 631.48, is 
  3.30  amended to read: 
  3.31     631.48 [PENALTY MAY INCLUDE COSTS OF PROSECUTION.] 
  3.32     In a criminal action or juvenile proceeding, upon 
  3.33  conviction of the defendant, adjudication, stay of adjudication, 
  3.34  or a finding formally or informally that the accused committed a 
  3.35  crime, as defined in section 611A.01, paragraph (a), or a 
  3.36  delinquent act, the court may order as part of the sentence, 
  4.1   stay, or disposition that the defendant or juvenile offender 
  4.2   shall pay the whole or any part of the disbursements and costs 
  4.3   of the prosecution, including disbursements made to extradite a 
  4.4   defendant.  Costs and disbursements are not limited to those 
  4.5   recoverable in a civil action and may include, without 
  4.6   limitation: 
  4.7      (1) the costs of extradition of a defendant or juvenile 
  4.8   offender; 
  4.9      (2) discovery and prosecution costs; 
  4.10     (3) funds expended by a drug task force or a law 
  4.11  enforcement agency related to investigation of controlled 
  4.12  substance crimes; 
  4.13     (4) costs of translation; 
  4.14     (5) costs of witness protection; and 
  4.15     (6) witness fees and travel expenses related to the case. 
  4.16     The court may order this payment in addition to any other 
  4.17  penalty authorized by law which it may impose.  The payment of 
  4.18  the disbursements of prosecution These payments may be enforced 
  4.19  in the same manner as the sentence or disposition, or by 
  4.20  execution against property.  When collected, the disbursements 
  4.21  must be paid into the treasury of the county of conviction, but 
  4.22  this payment may not interfere with the payment of officers', 
  4.23  witnesses', or jurors' fees these payments shall be paid to the 
  4.24  court administrator in the county of conviction or prosecution 
  4.25  for distribution to the departments or agencies that incurred 
  4.26  the expenses. 
  4.27     Sec. 5.  [EFFECTIVE DATE.] 
  4.28     Sections 1 to 4 are effective August 1, 1996, and apply to 
  4.29  crimes committed on or after that date.