SF 675

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime; correcting an unintentional repeal; resuming the payment of
certain bail proceeds to the municipalities and subdivisions of government in
Hennepin County; reimbursing same for past due proceeds; removing obsolete
references and provisions concerning the Fourth Judicial District; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 484.

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

Section 1.

new text begin [484.843] ABANDONMENT OF NONFELONY BAIL; DISPOSITION
OF FORFEITED SUMS; FOURTH JUDICIAL DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Abandonment of deposits and bail. new text end

new text begin (a) Any bail deposited with the
court administrator of the Fourth Judicial District on a nonfelony case and not forfeited by
court order shall be deemed abandoned and forfeited if the person entitled to refund does
not file a written demand for refund with the court administrator within six months from
the date when the person became entitled to the refund.
new text end

new text begin (b) Any judge may order any sums so forfeited under paragraph (a) to be reinstated
for cause and the court administrator shall then refund accordingly. The receipting
municipality or subdivision of government shall reimburse the court administrator if the
court administrator refunds the deposit upon such an order and obtains a receipt to be
used as a voucher.
new text end

new text begin Subd. 2. new text end

new text begin Disposition of forfeited sums. new text end

new text begin All sums collected on any bail, bond, or
recognizance forfeited by court order or under subdivision 1, paragraph (a), for the Fourth
Judicial District on a nonfelony case shall be paid to Hennepin County to be applied to the
support of the law library of the county. The receipt of the county treasurer to the court
administrator shall be a sufficient voucher. When the sums so forfeited, minus refunds,
during any calendar year equal $2,500, all sums in excess of that amount shall be paid
to the municipality or subdivision of government in which the violation occurred. The
payments shall be made periodically but not prior to six months from the date of the order
for forfeiture. During that six-month period, but not thereafter, any judge may set aside
the forfeiture order upon proper showing of cause. No obligation to pay sums so ordered
forfeited exists unless the forfeiture is not set aside within the six-month period. For the
purpose of determining when the $2,500 shall have accrued to the county law library, the
final forfeiture shall be deemed to occur at the end of the six-month period.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin An amount equal to the sum collected from July 1, 2006, through the effective date
of this act as a result of the repeal of Minnesota Statutes, section 488A.03, subdivision
9, by Laws 2006, chapter 260, article 5, section 54, and estimated to be $200,000, is
appropriated from the general fund to the commissioner of finance. The commissioner
shall pay this amount to the court administrator of the Fourth Judicial District who shall
distribute it as provided in Minnesota Statutes, section 484.843.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective retroactively from July 1, 2006. Section 2 is effective the
day following final enactment.
new text end