SF 4494

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/20/2022 08:07am

A bill for an act
relating to public safety; permitting civil action for damages against a charitable
bail organization; requiring forfeiture of bail in certain instances; proposing coding
for new law in Minnesota Statutes, chapter 629.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [629.705] CHARITABLE BAIL ORGANIZATIONS; LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "charitable bail organization"
means an organization that:
new text end

new text begin (1) solicits or accepts donations from the public; and
new text end

new text begin (2) agrees to deposit money bail for another person.
new text end

new text begin Subd. 2. new text end

new text begin Civil liability. new text end

new text begin If a charitable bail organization deposits money bail on behalf
of a person to secure that person's pretrial release and the person subsequently commits a
crime while released, the charitable bail organization shall be liable to the victim of that
crime for any damages in a civil action brought in district court. Costs, disbursements, and
reasonable attorney fees may be awarded to a victim awarded damages under this section.
Liability under this section is limited to the period in which the person is on pretrial release
due to money bail deposited by the organization.
new text end

new text begin Subd. 3. new text end

new text begin Forfeiture of bail. new text end

new text begin Notwithstanding any contrary provision of law or court
rule, if a person for whom a charitable bail organization has deposited money bail to secure
the person's pretrial release commits a crime during the person's release and is subsequently
convicted of that crime, the court shall order the deposited bail forfeited.
new text end