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Minnesota Legislature

Office of the Revisor of Statutes

SF 2207

as introduced - 91st Legislature (2019 - 2020) Posted on 03/08/2019 09:10am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; establishing enhanced fines for individuals whose income
exceeds a certain threshold; amending Minnesota Statutes 2018, sections 169A.03,
subdivisions 8, 12; 609.02, subdivisions 3, 4; 609.03; 609.17, subdivision 4;
609.175, subdivision 2; 629.471; proposing coding for new law in Minnesota
Statutes, chapter 609; repealing Minnesota Statutes 2018, sections 609.033;
609.0341, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2018, section 169A.03, subdivision 8, is amended to read:


Subd. 8.

Gross misdemeanor.

"Gross misdemeanor" means a crime for which a person
may be sentenced to imprisonment for not more than one yeardeleted text begin, or to payment of a fine of
not more than $3,000, or both
deleted text end.

Sec. 2.

Minnesota Statutes 2018, section 169A.03, subdivision 12, is amended to read:


Subd. 12.

Misdemeanor.

"Misdemeanor" means a crime for which a person may be
sentenced to imprisonment for not more than 90 daysdeleted text begin, or to payment of a fine of not more
than $1,000, or both
deleted text end.

Sec. 3.

Minnesota Statutes 2018, section 609.02, subdivision 3, is amended to read:


Subd. 3.

Misdemeanor.

"Misdemeanor" means a crime for which a sentence of not
more than 90 days deleted text beginor a fine of not more than $1,000, or both,deleted text end may be imposed.

Sec. 4.

Minnesota Statutes 2018, section 609.02, subdivision 4, is amended to read:


Subd. 4.

Gross misdemeanor.

"Gross misdemeanor" means any crime which is not a
felony or misdemeanor. deleted text beginThe maximum fine which may be imposed for a gross misdemeanor
is $3,000.
deleted text end

Sec. 5.

Minnesota Statutes 2018, section 609.03, is amended to read:


609.03 PUNISHMENT WHEN NOT OTHERWISE FIXED.

If a person is convicted of a crime for which no punishment is otherwise provided the
person may be sentenced as follows:

(1) If the crime is a felony, to imprisonment for not more than five years deleted text beginor to payment
of a fine of not more than $10,000, or both
deleted text end; or

(2) If the crime is a gross misdemeanor, to imprisonment for not more than one year deleted text beginor
to payment of a fine of not more than $3,000, or both
deleted text end; or

(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days deleted text beginor to
payment of a fine of not more than $1,000, or both
deleted text end; or

(4) If the crime is other than a misdemeanor and a fine is imposed deleted text beginbut the amount is not
specified
deleted text end, to payment of a fine deleted text beginof not more than $1,000deleted text end, or to imprisonment for a specified
term of not more than six months if the fine is not paid.

Sec. 6.

new text begin [609.1005] CALCULATION OF FINES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Enhancement percentage" means the percentage equal to the offender's adjusted
gross income divided by the product of four times the state's median household income.
new text end

new text begin (c) "Adjusted gross income" means adjusted gross income as defined in section 62 of
the Internal Revenue Code.
new text end

new text begin (d) "State median household income" means the amount identified as the Minnesota
median household income in the most recent United States Census Bureau American
Community Survey one-year estimate.
new text end

new text begin Subd. 2. new text end

new text begin Maximum fines. new text end

new text begin (a) Except as provided in subdivision 3, a person convicted
of a crime may be sentenced to pay a fine as follows:
new text end

new text begin (1) if the crime is a misdemeanor, a fine of not more than $1,000 or the lesser amount
specified for the offense that was committed;
new text end

new text begin (2) if the crime is a gross misdemeanor, a fine of not more than $3,000; or
new text end

new text begin (3) if the crime is a felony, a fine of not more than $10,000 unless otherwise provided
for the offense that was committed.
new text end

new text begin (b) The provisions of section 609.101 establishing minimum fines that must be imposed
apply to fines imposed consistent with this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Enhanced fines. new text end

new text begin (a) Notwithstanding any law to the contrary, the maximum
fine for an offender whose adjusted gross income is more than four times the state median
household income is subject to an enhanced fine which shall be calculated pursuant to this
subdivision.
new text end

new text begin (b) A person subject to an enhanced fine may be sentenced to pay a fine as follows:
new text end

new text begin (1) if the crime is a misdemeanor, a fine of not more than an amount equal to the
enhancement percentage multiplied by $1,000 or the lesser amount specified for the offense
that was committed;
new text end

new text begin (2) if the crime is a gross misdemeanor, a fine of not more than an amount equal to the
enhancement percentage multiplied by $3,000; or
new text end

new text begin (3) if the crime is a felony, a fine of not more than the enhancement percentage multiplied
by either $10,000 or the amount specified for the offense that was committed.
new text end

new text begin (c) The provisions of section 609.101 establishing minimum fines that must be imposed
apply to fines imposed consistent with this subdivision.
new text end

new text begin (d) For purposes of establishing an offender's adjusted gross income, a court shall accept
the most recently filed state or federal income tax return, and may accept any other relevant
evidence.
new text end

Sec. 7.

Minnesota Statutes 2018, section 609.17, subdivision 4, is amended to read:


Subd. 4.

Penalties.

Whoever attempts to commit a crime may be sentenced as follows:

(1) if the maximum sentence provided for the crime is life imprisonment, to not more
than 20 years; or

(2) for any other attempt, to not more than one-half of the maximum imprisonment or
finenew text begin, as determined pursuant to section 609.1005,new text end or both provided for the crime attempted,
but such maximum in any case shall not be less than imprisonment for 90 days or a fine of
$100.

Sec. 8.

Minnesota Statutes 2018, section 609.175, subdivision 2, is amended to read:


Subd. 2.

To commit crime.

Whoever conspires with another to commit a crime and in
furtherance of the conspiracy one or more of the parties does some overt act in furtherance
of such conspiracy may be sentenced as follows:

(1) if the crime intended is a misdemeanor, by a sentence to imprisonment for not more
than 90 days or to payment of a fine of not more than $300, new text beginsubject to an enhanced fine
calculated pursuant to section 609.1005,
new text endor both; or

(2) if the crime intended is murder in the first degree or treason, to imprisonment for
not more than 20 years; or

(3) if the crime intended is any other felony or a gross misdemeanor, to imprisonment
or to payment of a fine of not more than one-half the imprisonment or finenew text begin, as determined
pursuant to section 609.1005,
new text end provided for that felony or gross misdemeanor or both.

Sec. 9.

Minnesota Statutes 2018, section 629.471, is amended to read:


629.471 MAXIMUM BAIL ON MISDEMEANORS; GROSS MISDEMEANORS.

Subdivision 1.

Double fine.

Except as provided in subdivision 2 or 3, the maximum
cash bail that may be required for a person charged with a misdemeanor or gross
misdemeanor offense is double the highest cash fine that may be imposed for that offensenew text begin
under section 609.1005, subdivision 2
new text end.

Subd. 2.

Quadruple fine.

(a) For offenses under sections 169.09, 169A.20, 171.24,
subdivision 5
, and 609.525, the maximum cash bail that may be required for a person charged
with a misdemeanor or gross misdemeanor violation is quadruple the highest cash fine that
may be imposed for the offensenew text begin under section 609.1005, subdivision 2new text end.

(b) Unless the court imposes the conditions of release specified in section 169A.44, the
court must impose maximum bail when releasing a person from detention who has been
charged with violating section 169A.20 if the person has three or more prior impaired driving
convictions within the previous ten years. As used in this subdivision, "prior impaired
driving conviction" has the meaning given in section 169A.03.

Subd. 3.

Six times fine.

For offenses under sections 609.224 and 609.377, the maximum
cash bail that may be required for a person charged with a misdemeanor or gross
misdemeanor violation is six times the highest cash fine that may be imposed for the offensenew text begin
under section 609.1005, subdivision 2
new text end.

Subd. 3a.

Ten times fine.

For offenses under sections 518B.01, 609.2242, and 629.75,
the maximum cash bail that may be required for a person charged with a misdemeanor or
gross misdemeanor violation is ten times the highest cash fine that may be imposed for the
offensenew text begin under section 609.1005, subdivision 2new text end.

Subd. 4.

Not applicable for felony DWI.

This section does not apply to persons charged
with a felony violation under section 169A.20.

Sec. 10. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall insert the phrase "subject to an enhanced fine calculated
pursuant to section 609.1005," wherever a criminal penalty identifying the maximum amount
of a fine for a particular offense appears in statute. The revisor shall also make technical
and other necessary changes to sentence structure to preserve the meaning of the text.
new text end

Sec. 11. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 609.033; and 609.0341, subdivisions 1 and 2, new text end new text begin are
repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-4423

609.033 MAXIMUM PENALTIES; MISDEMEANORS.

Any law of this state which provides for a maximum fine of $700 as a penalty for a misdemeanor shall, on or after August 1, 2000, be deemed to provide for a maximum fine of $1,000.

609.0341 MAXIMUM FINES FOR GROSS MISDEMEANORS; FELONIES.

Subdivision 1.

Gross misdemeanors.

Any law of this state which provides for a maximum fine of $1,000 or for a maximum sentence of imprisonment of one year or which is defined as a gross misdemeanor shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $3,000 and for a maximum sentence of imprisonment of one year.

Subd. 2.

Felonies.

(a) Any law of this state which provides for a maximum fine of $2,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $4,000.

(b) Any law of this state which provides for a maximum fine of $3,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $5,000.

(c) Any law of this state which provides for a maximum fine of $5,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $10,000.

(d) Any law of this state which provides for a maximum fine of $7,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $14,000.

(e) Any law of this state which provides for a maximum fine of $10,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $20,000.

(f) Any law of this state which provides for a maximum fine of $15,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $30,000.

(g) Any law of this state which provides for a maximum fine of $20,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $35,000.

(h) Any law of this state which provides for a maximum fine of $25,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $40,000.

(i) Any law of this state which provides for a maximum fine of $30,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $45,000.

(j) Any law of this state which provides for a maximum fine of $40,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $50,000.