HF 854

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 07:04pm

A bill for an act
relating to public safety; limiting the use of money bail for certain offenses;
amending Minnesota Statutes 2022, section 629.53.

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

Section 1.

Minnesota Statutes 2022, section 629.53, is amended to read:

629.53 PROVIDING RELEASE ON BAIL; COMMITMENT.

new text begin Subdivision 1. new text end

new text begin Pretrial release. new text end

A person charged with a criminal offense may be
released with or without bail in accordance with rule 6.02 of the Rules of Criminal Procedure new text begin
and this section. To the extent a court determines there is a conflict between rule 6.02 of
the Rules of Criminal Procedure and this section, this section shall control new text end .

new text begin Subd. 2. new text end

new text begin Release of a person charged with a misdemeanor offense. new text end

new text begin (a) A defendant
charged with a misdemeanor offense, other than a violation identified in paragraph (e), must
be released on personal recognizance unless the court determines that there is a substantial
likelihood that the defendant will not appear at future court proceedings or poses a threat
to a victim's safety.
new text end

new text begin (b) If the court determines that there is a substantial likelihood that a defendant will not
appear at future court appearances, the court must impose the least restrictive conditions of
release that will reasonably assure the person's appearance as ordered. These conditions of
release include but are not limited to an unsecured appearance bond or money bail on which
the defendant may be released by posting cash or sureties. If the court sets conditions of
release other than an unsecured appearance bond or money bail, it must also set money bail
without other conditions on which the defendant may be released.
new text end

new text begin (c) The court must not impose a financial condition of release on a defendant subject to
this subdivision that results in the pretrial detention of the defendant. Financial conditions
of release include but are not limited to money bail.
new text end

new text begin (d) If a defendant subject to this subdivision remains in custody for more than 48 hours
after the court imposes a financial condition of release, the court must review the conditions
of release and there exists a rebuttable presumption that the financial condition resulted in
the pretrial detention of the defendant.
new text end

new text begin (e) This subdivision does not apply to violations of:
new text end

new text begin (1) section 169A.20;
new text end

new text begin (2) section 518B.01;
new text end

new text begin (3) section 609.224;
new text end

new text begin (4) section 609.2242;
new text end

new text begin (5) section 609.748;
new text end

new text begin (6) section 609.749; and
new text end

new text begin (7) section 629.75.
new text end

new text begin (f) If a defendant released pursuant to paragraph (a) or (b) fails to appear at a required
court hearing, the court shall issue a summons or warrant directing that the defendant appear
in court pursuant to rule 6.03 of the Rules of Criminal Procedure.
new text end

new text begin Subd. 3. new text end

new text begin Presumption of release on personal recognizance. new text end

new text begin Except as described in
subdivision 2, on appearance before the court, a defendant charged with a misdemeanor
must be released on personal recognizance or an unsecured appearance bond unless otherwise
provided by law, or a court determines that release will endanger the public safety, a victim's
safety, or will not reasonably assure the defendant's appearance.
new text end

new text begin Subd. 4. new text end

new text begin Money bail; disposition. new text end

Money bail is the property of the accused, whether
deposited by that person or by a third person on the accused's behalf. When money bail is
accepted by a judge, that judge shall order it to be deposited with the court administrator.
The court administrator shall retain it until the final disposition of the case and the final
order of the court disposing of the case. Upon release, the amount released must be paid to
the accused personally or upon that person's written order. In case of conviction, the judge
may order the money bail deposit to be applied to any fine or restitution imposed on the
defendant by the court and, if the fine or restitution is less than the deposit, order the balance
to be paid to the defendant. Money bail deposited with the court or any officer of it is exempt
from garnishment or levy under attachment or execution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end