Minnesota Legislature
SF 1627
3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:22am
Current Version - 3rd Engrossment
1.30 1.31
1.32 2.1 2.2 2.3 2.4 2.5 2.6
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3.26
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8.9
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14.4
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16.8
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17.24
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19.31 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13
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21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33
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22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35
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23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27
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24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 25.1 25.2 25.3 25.4
25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35
26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13
26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 27.1 27.2 27.3 27.4
27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10
28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 29.1 29.2 29.3 29.4 29.5 29.6 29.7
29.8 29.9 29.10 29.11 29.12
29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26
29.27 29.28 29.29 29.30 29.31 29.32 29.33 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28
30.29 30.30 30.31 30.32 30.33 30.34 30.35 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11
32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23
33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 34.1 34.2 34.3 34.4
34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35
35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16
35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17
36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33
36.34 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19
37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8
38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25
38.26 38.27 38.28 38.29 38.30 38.31 38.32
38.33 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18
39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12
40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26
40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34
42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12
42.13 42.14 42.15 42.16
A bill for an act
relating to the judiciary; appropriating money for the courts, public defenders,
and other judiciary-related agencies; imposing per page filing fees for court
papers; increasing various court fees and the parking surcharge; authorizing
the imposition of a public defender fee for licensed attorneys; expanding the
application of the criminal and traffic surcharge; authorizing referees to preside
over conciliation courts and increasing the conciliation court civil claim limit;
providing the Fourth Judicial District with fiscal flexibility as to the location
of court facilities; providing a restorative justice-based alternative disposition
process for certain adult and juvenile offenders; providing for the use of special
masters to handle pretrial matters; enforcing judicial sanctions, including fines,
fees, and surcharges; authorizing disbursement of minimum fines for controlled
substance offenses to juvenile substance abuse court programs; appropriating
money; amending Minnesota Statutes 2008, sections 2.724, subdivisions 2, 3;
86B.705, subdivision 2; 134A.09, subdivision 2a; 134A.10, subdivision 3;
152.025, subdivisions 1, 2; 152.0262, subdivision 1; 169A.20, subdivision 1, by
adding subdivisions; 169A.25, subdivision 1; 169A.26, subdivision 1; 169A.27,
subdivision 1; 169A.28, subdivision 2; 169A.284; 169A.46, subdivision 1;
169A.54, subdivision 1; 299D.03, subdivision 5; 357.021, subdivisions 1a,
2, 6, 7; 357.022; 357.08; 364.08; 375.14; 480.15, by adding a subdivision;
484.85; 484.90, subdivision 6; 484.91, subdivision 1; 491A.01, subdivision
3; 491A.02, subdivision 9; 491A.03, subdivision 1; 525.091, subdivision 1;
550.011; 609.035, subdivision 2; 609.10, subdivision 1; 609.101, subdivisions
3, 4; 609.125, subdivision 1; 609.131, subdivision 3; 609.135, subdivisions 1,
1a, 2; 631.48; proposing coding for new law in Minnesota Statutes, chapters
484; 609; repealing Minnesota Statutes 2008, sections 152.025, subdivision 3;
152.0262, subdivision 2; 383B.65, subdivision 2; 484.90, subdivisions 1, 2, 3;
487.08, subdivisions 1, 2, 3, 5; 609.135, subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2010 new text end |
new text begin
2011 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
348,633,000 new text end |
new text begin
$ new text end |
new text begin
354,248,000 new text end |
new text begin
$ new text end |
new text begin
702,881,000 new text end |
|
new text begin
Federal new text end |
new text begin
5,616,000 new text end |
new text begin
0 new text end |
new text begin
5,616,000 new text end |
|||
|
new text begin
Total new text end |
new text begin
$ new text end |
new text begin
354,249,000 new text end |
new text begin
$ new text end |
new text begin
354,248,000 new text end |
new text begin
$ new text end |
new text begin
708,497,000 new text end |
Sec. 2. new text begin JUDICIARY APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2010 new text end |
new text begin
2011 new text end |
|||||
Sec. 3. new text begin SUPREME COURT
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
41,510,000 new text end |
new text begin
$ new text end |
new text begin
41,510,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Supreme Court Operations
|
new text begin
29,558,000 new text end |
new text begin
29,558,000 new text end |
||||
new text begin
new text begin Contingent Account.new text end $5,000 each year is for
a contingent account for expenses necessary
for the normal operation of the court for
which no other reimbursement is provided.
new text end
new text begin Subd. 3. new text end
new text begin
Civil Legal Services
|
new text begin
11,952,000 new text end |
new text begin
11,952,000 new text end |
||||
new text begin
new text begin Legal Services to Low-Income Clients in
Family Law Matters.new text end Of this appropriation,
$877,000 each year is to improve the
access of low-income clients to legal
representation in family law matters. This
appropriation must be distributed under
Minnesota Statutes, section 480.242, to
the qualified legal services programs
described in Minnesota Statutes, section
480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.
new text end
Sec. 4. new text begin COURT OF APPEALS
|
new text begin
$ new text end |
new text begin
9,652,000 new text end |
new text begin
$ new text end |
new text begin
9,652,000 new text end |
||
Sec. 5. new text begin TRIAL COURTS
|
new text begin
$ new text end |
new text begin
235,791,000 new text end |
new text begin
$ new text end |
new text begin
235,790,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2010 new text end |
new text begin
2011 new text end |
|
|
new text begin
General new text end |
new text begin
230,175,000 new text end |
new text begin
235,790,000 new text end |
|
new text begin
Federal new text end |
new text begin
5,616,000 new text end |
new text begin
0 new text end |
Sec. 6. new text begin TAX COURT
|
new text begin
$ new text end |
new text begin
800,000 new text end |
new text begin
$ new text end |
new text begin
800,000 new text end |
||
Sec. 7. new text begin UNIFORM LAWS COMMISSION
|
new text begin
$ new text end |
new text begin
50,000 new text end |
new text begin
$ new text end |
new text begin
50,000 new text end |
||
Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS
|
new text begin
$ new text end |
new text begin
446,000 new text end |
new text begin
$ new text end |
new text begin
446,000 new text end |
||
new text begin
$125,000 each year is for special
investigative and hearing costs for major
disciplinary actions undertaken by the
board. This appropriation does not cancel.
Any encumbered and unspent balances
remain available for these expenditures in
subsequent fiscal years.
new text end
Sec. 9. new text begin BOARD OF PUBLIC DEFENSE
|
new text begin
$ new text end |
new text begin
66,000,000 new text end |
new text begin
$ new text end |
new text begin
66,000,000 new text end |
||
ARTICLE 2
FEE INCREASES
Section 1.
Minnesota Statutes 2008, section 357.021, subdivision 1a, is amended to
read:
Subd. 1a.
Transmittal of fees to commissioner of finance.
(a) Every person,
including the state of Minnesota and all bodies politic and corporate, who shall transact
any business in the district court, shall pay to the court administrator of said court the
sundry fees prescribed in subdivision 2. Except as new text begin otherwise new text end provided in new text begin this paragraph or
new text end paragraph (d), the court administrator shall transmit the fees monthly to the commissioner
of finance for deposit in the state treasury and credit to the general fund. $30 of each
fee collected in a dissolution action under subdivision 2, clause (1), must be deposited
by the commissioner of finance in the special revenue fund and is appropriated to the
commissioner of employment and economic development for the displaced homemaker
program under section 116L.96.new text begin If the Judicial Council authorizes the charges and
additional fees, the per-page charges collected under subdivision 2 and the fee increases
described in section 2 must be credited by the commissioner of finance to the court
account in the special revenue fund under section 484.99.
new text end
(b) In a county which has a screener-collector position, fees paid by a county
pursuant to this subdivision shall be transmitted monthly to the county treasurer, who
shall apply the fees first to reimburse the county for the amount of the salary paid for the
screener-collector position. The balance of the fees collected shall then be forwarded to
the commissioner of finance for deposit in the state treasury and credited to the general
fund. In a county in a judicial district under section 480.181, subdivision 1, paragraph
(b), which has a screener-collector position, the fees paid by a county shall be transmitted
monthly to the commissioner of finance for deposit in the state treasury and credited to the
general fund. A screener-collector position for purposes of this paragraph is an employee
whose function is to increase the collection of fines and to review the incomes of potential
clients of the public defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public authority or the party the
public authority represents in an action for:
(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court, or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public guardian or any other action
under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or
recovery of overpayments of public assistance;
(5) court relief under chapters 260, 260A, 260B, and 260C;
(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions or public institutions under
sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37,
260B.331, and 260C.331, or other sections referring to other forms of public assistance;
(8) restitution under section 611A.04; or
(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14,
subdivision 5.
(d) $20 from each fee collected for child support modifications under subdivision 2,
clause (13), must be transmitted to the county treasurer for deposit in the county general
fund and $35 from each fee shall be credited to the state general fund. The fees must be
used by the county to pay for child support enforcement efforts by county attorneys.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 2.
Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:
Subd. 2.
Fee amounts.
The fees to be charged and collected by the court
administrator shall be as follows:
(1) In every civil action or proceeding in said court, including any case arising
under the tax laws of the state that could be transferred or appealed to the Tax Court, the
plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that
party in said action, a fee of $240, except in marriage dissolution actions the fee is $270.
The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of $240, except in
marriage dissolution actions the fee is $270.
The party requesting a trial by jury shall pay $75.
The fees above stated shall be the full trial fee chargeable to said parties irrespective
of whether trial be to the court alone, to the court and jury, or disposed of without trial,
and shall include the entry of judgment in the action, but does not include copies or
certified copies of any papers so filed or proceedings under chapter 103E, except the
provisions therein as to appeals.
(2) Certified copy of any instrument from a civil or criminal proceeding, $10, and $5
for an uncertified copy.
(3) Issuing a subpoena, $12 for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support,
and guardianship cases, $55.
(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $40.
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment from another court, $30.
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
of judgment, $5.
(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
name certified to.
(9) Filing and indexing trade name; or recording basic science certificate;
or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
optometrists, $5.
(10) For the filing of each partial, final, or annual account in all trusteeships, $40.
(11) For the deposit of a will, $20.
(12) For recording notary commission, $100, of which, notwithstanding subdivision
1a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
in the state treasury and credited to the general fund.
(13) Filing a motion or response to a motion for modification of child support, a
fee of $55.
(14) All other services required by law for which no fee is provided, such fee
as compares favorably with those herein provided, or such as may be fixed by rule or
order of the court.
(15) In addition to any other filing fees under this chapter, a surcharge in the
amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for
each adoption petition filed in district court to fund the fathers' adoption registry under
section 259.52.
The fees in clauses (3) and (5) need not be paid by a public authority or the party
the public authority represents.
new text begin
The court administrator shall charge and collect the following amounts in addition to
the amounts described in this subdivision if the Judicial Council authorizes the increase:
new text end
new text begin
(i) for filing fees described in paragraph (1), $25, plus $1 per page;
new text end
new text begin
(ii) for the jury request fee described in paragraph (1), $25;
new text end
new text begin
(iii) for a certified copy described in paragraph (2), $4, plus $1 per page;
new text end
new text begin
(iv) for an uncertified copy described in paragraph (2), $3, plus $1 per page;
new text end
new text begin
(v) for a subpoena described in paragraph (3), $4 for each name;
new text end
new text begin
(vi) for a motion or response to a motion described in paragraph (4), $10, plus $1
per page;
new text end
new text begin
(vii) for an execution or writ described in paragraph (5), $15, plus $1 per page;
new text end
new text begin
(viii) for issuing or filing and docketing a transcript described in paragraph (6),
$10, plus $1 per page;
new text end
new text begin
(ix) for satisfaction, partial satisfaction, or assignment of judgment described in
paragraph (7), $1 per page;
new text end
new text begin
(x) for filing and indexing trade names or recording certificates described in
paragraph (9), $1 per page;
new text end
new text begin
(xi) for filing accounts described in paragraph (10), $15, plus $1 per page;
new text end
new text begin
(xii) for depositing wills described in paragraph (11), $7, plus $1 per page; and
new text end
new text begin
(xiii) for a motion or response to a motion described in paragraph (13), $1 per page.
new text end
Sec. 3.
Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
Subd. 6.
Surcharges on criminal and traffic offenders.
(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $4 surcharge. new text begin The court shall impose and the court
administrator shall collect an additional $8 surcharge on a violation of law or ordinance
relating to vehicle parking if the Judicial Council authorizes the surcharge. new text end In the Second
Judicial District, the court shall impose, and the court administrator shall collect, an
additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
is convicted of a petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.
(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the commissioner of finance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 4.
Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read:
Subd. 7.
Disbursement of surcharges by commissioner of finance.
(a) Except as
provided in paragraphs (b), (c), deleted text begin anddeleted text end (d), new text begin (e), and (f), new text end the commissioner of finance shall
disburse surcharges received under subdivision 6 and section 97A.065, subdivision
2, as follows:
(1) one percent shall be credited to the game and fish fund to provide peace officer
training for employees of the Department of Natural Resources who are licensed under
sections 626.84 to 626.863, and who possess peace officer authority for the purpose of
enforcing game and fish laws;
(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and
(3) 60 percent shall be credited to the general fund.
(b) The commissioner of finance shall credit $3 of each surcharge received under
subdivision 6 and section 97A.065, subdivision 2, to the general fund.
(c) In addition to any amounts credited under paragraph (a), the commissioner
of finance shall credit $47 of each surcharge received under subdivision 6 and section
97A.065, subdivision 2, and deleted text begin thedeleted text end $4 new text begin from the new text end parking surcharge, to the general fund.
new text begin
(d) If the Judicial Council authorizes imposition of the additional $8 parking
surcharge provided for in subdivision 6, paragraph (a), the court administrator shall
transmit the surcharge to the commissioner of finance who shall deposit it in the state
treasury and credit it to the court account in the special revenue fund under section 484.99.
new text end
new text begin
(e) If the Judicial Council authorizes imposition of the surcharge described in
subdivision 6, paragraph (f), the court administrator shall transmit the surcharge to the
commissioner of finance who shall deposit it in the state treasury and credit it to the court
account in the special revenue fund under section 484.99.
new text end
deleted text begin (d)deleted text end new text begin (f) new text end If the Ramsey County Board of Commissioners authorizes imposition
of the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
administrator in the Second Judicial District shall transmit the surcharge to the
commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 5.
Minnesota Statutes 2008, section 357.022, is amended to read:
357.022 CONCILIATION COURT FEE.
The court administrator in every county shall charge and collect a filing fee of $50
from every plaintiff and from every defendant when the first paper for that party is filed
in any conciliation court action. new text begin The court administrator shall charge and collect an
additional $10 if the Judicial Council authorizes the fee. new text end This section does not apply to
conciliation court actions filed by the state. The court administrator shall transmit the fees
monthly to the commissioner of finance for deposit in the state treasury deleted text begin anddeleted text end new text begin . If the Judicial
Council authorizes the additional $10 fee, the commissioner shall credit it to the court
account in the special revenue fund under section 484.99. The commissioner shall new text end credit
new text begin all other money new text end to the general fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 6.
Minnesota Statutes 2008, section 357.08, is amended to read:
357.08 PAID BY APPELLANT IN APPEAL.
There shall be paid to the clerk of the appellate courts by the appellant, or moving
party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
mandamus, injunction, prohibition, or other original proceeding, when initially filed with
the clerk of the appellate courts, the sum of $500 to the clerk of the appellate courts. An
additional filing fee of $100 shall be required for a petition for accelerated review by the
Supreme Court. A filing fee of $500 shall be paid to the clerk of the appellate courts upon
the filing of a petition for review from a decision of the Court of Appeals. A filing fee
of $500 shall be paid to the clerk of the appellate courts upon the filing of a petition for
permission to appeal. A filing fee of $100 shall be paid to the clerk of the appellate courts
upon the filing by a respondent of a notice of review. new text begin The clerk shall charge and collect
an additional $50 on any $500 filing fee described in this section if the Judicial Council
authorizes the fee. new text end The clerk shall transmit the fees to the commissioner of finance for
deposit in the state treasury deleted text begin anddeleted text end new text begin . If the Judicial Council authorizes the additional $50 fee,
the commissioner shall credit it to the court account in the special revenue fund under
section 484.99. The commissioner shallnew text end credit new text begin credit all other money new text end to the general fund.
The clerk shall not file any paper, issue any writ or certificate, or perform any service
enumerated herein, until the payment has been made for it. The clerk shall pay the sum
into the state treasury as provided for by section 15A.01.
The charges provided for shall not apply to disbarment proceedings, nor to an
action or proceeding by the state taken solely in the public interest, where the state is the
appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
to the parties before judgment, or furnished to the district judge whose decision is under
review, or to such law library associations in counties having a population exceeding
50,000, as the court may direct.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 7.
new text begin
[484.99] COURT ACCOUNT.
new text end
new text begin
The court account is established in the special revenue fund in the state treasury. It
consists of money collected from fees authorized by the Judicial Council under sections
357.021, 357.022, 357.08, and section 8, and credited to the account by the commissioner
of finance. Money in the account is appropriated to the Judicial Council to support the
Supreme Court, Court of Appeals, and district courts.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 8. new text begin PUBLIC DEFENDER FEE.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization. new text end
new text begin
(a) The Supreme Court, through the lawyer
registration office, may assess a public defender fee on each licensed attorney in the state.
If imposed, the fee must not be less than the civil legal services fee established by the
Supreme Court in 1997 that licensed attorneys are required to pay pursuant to the rules of
the supreme court on lawyer registration.
new text end
new text begin
(b) The fee described in paragraph (a) may apply only to attorneys actively engaged
in the practice of law.
new text end
new text begin Subd. 2. new text end
new text begin Creation of account. new text end
new text begin
The public defender fee account is created in the
special revenue fund. The state court administrator shall forward fees collected under
subdivision 1 to the commissioner of finance who shall deposit them in the state treasury
and credit them to this account. Money in the account is appropriated to the Board
of Public Defense.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
ARTICLE 3
CIVIL LAW CHANGES;
RESTORATIVE JUSTICE-BASED ALTERNATIVE DISPOSITION
Section 1.
Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
Subd. 6.
Surcharges on criminal and traffic offenders.
(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $4 surcharge. In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.
(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the commissioner of finance.
new text begin
(f) The Judicial Council may require a person who successfully completes a
diversion or similar program for a violation of chapter 169 to pay the surcharge described
in this subdivision. If the Judicial Council requires the surcharge, the court shall impose
and the court administrator shall collect it.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, and applies to acts
committed on or after that date.
new text end
Sec. 2.
new text begin
[484.735] PRETRIAL SPECIAL MASTER.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
This section applies to:
new text end
new text begin
(1) district court cases that have been assigned to a single judge under Rule 113 of
the Minnesota Rules of General Practice; and
new text end
new text begin
(2) other civil cases, unless the chief judge or presiding judge determines that the
interests of justice will best be served by not assigning pretrial matters to a special master.
new text end
new text begin
This section does not apply to cases excluded from Rule 111 of the Minnesota General
Rules of Practice.
new text end
new text begin Subd. 2. new text end
new text begin Appointment of special master required; costs; review. new text end
new text begin
The court
may appoint a special master to preside over pretrial matters in the case. Rule 53 of the
Minnesota Rules of Civil Procedure applies to the determination and responsibility for
payment of the fee of the special master. The special master may assess costs against a
party for failure to comply with rules or orders, subject to review and approval by the court.
new text end
new text begin Subd. 3. new text end
new text begin Qualified special masters. new text end
new text begin
In appointing special masters, the court shall
give priority to the appointment of individuals who agree to perform the function without
a fee or for a reduced fee.
new text end
new text begin Subd. 4. new text end
new text begin Rules. new text end
new text begin
The Supreme Court or the judges of a judicial district may adopt
rules to implement this section.
new text end
new text begin Subd. 5. new text end
new text begin Sunset. new text end
new text begin
This section expires on July 1, 2012.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 3.
Minnesota Statutes 2008, section 484.91, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
Misdemeanor violations bureaus new text begin in the Fourth
Judicial Districtnew text end shall be established in deleted text begin Minneapolis, a southern suburb location, and at
any other northern and western suburbandeleted text end locations deleted text begin dispersed throughout the county as
may bedeleted text end designated by a majority of the judges of the court.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 4.
Minnesota Statutes 2008, section 491A.01, subdivision 3, is amended to read:
Subd. 3.
Jurisdiction; general.
(a) Except as provided in subdivisions 4 and 5, the
conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the
amount of money or property that is the subject matter of the claim does not exceed deleted text begin $6,000
or, on and after July 1, 1994, $7,500,deleted text end new text begin $15,000new text end or deleted text begin $4,000deleted text end new text begin $7,500new text end if the claim involves a
consumer credit transaction. "Consumer credit transaction" means a sale of personal
property, or a loan arranged to facilitate the purchase of personal property, in which:
(1) credit is granted by a seller or a lender who regularly engages as a seller or
lender in credit transactions of the same kind;
(2) the buyer is a natural person;
(3) the claimant is the seller or lender in the transaction; and
(4) the personal property is purchased primarily for a personal, family, or household
purpose and not for a commercial, agricultural, or business purpose.
(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
territorial jurisdiction of conciliation court is coextensive with the county in which the
court is established. The summons in a conciliation court action under subdivisions 6 to
10 may be served anywhere in the state, and the summons in a conciliation court action
under subdivision 7, paragraph (b), may be served outside the state in the manner provided
by law. The court administrator shall serve the summons in a conciliation court action
by first class mail, except that if the amount of money or property that is the subject of
the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
and service on nonresident defendants must be made in accordance with applicable law
or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
documents at trial may be served anywhere within the state in the manner provided by law.
When a court administrator is required to summon the defendant by certified mail
under this paragraph, the summons may be made by personal service in the manner
provided in the Rules of Civil Procedure for personal service of a summons of the district
court as an alternative to service by certified mail.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to civil
claims filed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2008, section 491A.03, subdivision 1, is amended to read:
Subdivision 1.
Judges; referees.
The judges of district court deleted text begin shalldeleted text end new text begin may new text end serve as
judges of conciliation court. deleted text begin In the Second and Fourth Judicial Districts, A majority of
the judgesdeleted text end new text begin The chief judge new text end of the district may appoint one or more suitable persons to act
as referees in conciliation court; deleted text begin a majority of the judgesdeleted text end new text begin the chief judge new text end of the district
shall establish qualifications for the office, specify the duties and length of service of
referees, and fix their compensation deleted text begin not to exceed an amount per day determined by the
chief judge of the judicial districtdeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
new text begin
[609.092] ADULT AND JUVENILE OFFENDERS; USE OF
RESTORATIVE JUSTICE.
new text end
new text begin Subdivision 1. new text end
new text begin First-time juvenile petty offenders; applicability; procedure. new text end
new text begin
(a)
This subdivision applies to a child alleged to be a juvenile petty offender who:
new text end
new text begin
(1) has not been previously adjudicated delinquent or as a petty offender;
new text end
new text begin
(2) has not previously participated in or completed a diversion program for an
offense;
new text end
new text begin
(3) has not previously been placed on probation without an adjudication for an
offense or received a continuance under section 260B.198, subdivision 7; and
new text end
new text begin
(4) agrees to successfully complete a restorative justice program under this section.
new text end
new text begin
(b) The prosecutor shall refer a child described in paragraph (a) to a restorative
justice program or provider that has been included on the approved provider list described
in subdivision 6. The program or provider shall arrange an appropriate outcome for the
matter using restorative justice concepts. The program or provider shall involve the victim
of the offense in the proceedings. If the victim is unwilling or unable to proceed, or if
there is no identifiable victim, the program or provider shall ensure that someone serves as
a proxy for the victim. The program or provider and child, along with other participants,
shall agree in writing to an appropriate sanction for the child. The sanction may include
any of the dispositions authorized in section 260B.235, if appropriate, along with any
other sanctions agreed to.
new text end
new text begin Subd. 2. new text end
new text begin
Repeat juvenile petty offenders and nonviolent delinquent offenders;
applicability; procedure.
new text end
new text begin
(a) As used in this subdivision, a "nonviolent offense" includes
offenses not defined as violent crimes in section 609.1095. However, the term includes all
violations of chapter 152.
new text end
new text begin
(b) This subdivision applies to a child:
new text end
new text begin
(1)(i) alleged to be a juvenile petty offender but who does not meet the criteria in
subdivision 1, paragraph (a), clauses (1) to (3); and
new text end
new text begin
(ii) alleged to be delinquent solely on the basis of having committed a nonviolent
offense; and
new text end
new text begin
(2) who agrees to successfully complete a restorative justice program under this
section.
new text end
new text begin
(c) The prosecutor shall determine whether a restorative justice outcome under
this subdivision is appropriate for a child described in paragraph (b). If the prosecutor
determines it is appropriate, the child shall be referred to a restorative justice program or
provider that has been included on the approved provider list described in subdivision
6. The program or provider shall arrange an appropriate outcome for the matter using
restorative justice concepts. The program or provider shall involve the victim of the
offense in the proceedings. If the victim is unwilling or unable to proceed, or if there is
no identifiable victim, the program or provider shall ensure that someone serves as a
proxy for the victim. The program or provider and child, along with other participants,
shall agree in writing to an appropriate sanction for the child. The sanction may include
any of the dispositions authorized in section 260B.198, if appropriate, other than an
out-of-home placement or transfer of legal custody of the child, along with any other
sanctions agreed to.
new text end
new text begin Subd. 3. new text end
new text begin Adults; nonfelony offenders; applicability; procedure. new text end
new text begin
(a) This
subdivision applies to adults alleged to have committed a petty misdemeanor,
misdemeanor, or gross misdemeanor offense, who have agreed to successfully complete a
restorative justice program under this section.
new text end
new text begin
(b) The prosecutor may determine whether a restorative justice outcome under
this subdivision is appropriate for a person described in paragraph (a). If the prosecutor
determines it is appropriate, the person shall be referred to a restorative justice program
or provider that has been included on the approved list described in subdivision 6. The
program or provider shall arrange an appropriate outcome for the matter using restorative
justice concepts. The program or provider shall involve the victim of the offense in the
proceedings. If the victim is unwilling or unable to proceed, or if there is no identifiable
victim, the program or provider shall ensure that someone serves as a proxy for the victim.
The program or provider and person, along with other participants, shall agree in writing
to an appropriate sanction for the person.
new text end
new text begin Subd. 4. new text end
new text begin Failure to comply. new text end
new text begin
If a person fails to comply with the settlement
agreement, the person shall be referred back to the court for further proceedings.
new text end
new text begin Subd. 5. new text end
new text begin Dismissal of charge. new text end
new text begin
Upon the successful completion by a person of the
sanctions agreed to in the settlement agreement, the program or provider shall notify the
court and the court shall dismiss the charge against the person.
new text end
new text begin Subd. 6. new text end
new text begin Approved list. new text end
new text begin
The prosecutor shall maintain a list of approved restorative
justice programs and providers to which persons may be referred under this section.
new text end
new text begin Subd. 7. new text end
new text begin Preference for culturally specific programs. new text end
new text begin
If a restorative justice
program or provider that is tailored in a more culturally specific manner to the person is
on the list of approved providers under subdivision 6, and the prosecutor is referring the
person to a restorative justice program or provider under this section, the prosecutor shall
refer the person to the more appropriate program or provider.
new text end
new text begin Subd. 8. new text end
new text begin Limitation; availability of programs. new text end
new text begin
This section applies only in
jurisdictions where suitable restorative justice programs and providers are available.
new text end
new text begin Subd. 9. new text end
new text begin Definition. new text end
new text begin
As used in this section, "restorative justice" has the meaning
given in section 611A.775. The term also includes Native American sentencing circles.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 7.
Minnesota Statutes 2008, section 609.101, subdivision 3, is amended to read:
Subd. 3.
Controlled substance offenses; minimum fines.
(a) Notwithstanding any
other law, when a court sentences a person convicted of a controlled substance crime
under sections 152.021 to 152.025 and 152.0262, it must impose a fine of not less than
30 percent of the maximum fine authorized by law nor more than the maximum fine
authorized by law.
(b) The minimum fine required by this subdivision is in addition to the surcharge or
assessment required by section 357.021, subdivision 6, and is in addition to any sentence
of imprisonment or restitution imposed or ordered by the court.
(c) The court shall collect the fine mandated by this subdivision and forward 70
percent of it to a local drug abuse preventionnew text begin or interventionnew text end program existing or being
implemented in the county in which the crime was committed. The court shall forward the
remaining 30 percent to the commissioner of finance to be credited to the general fund. If
more than one drug abuse preventionnew text begin or interventionnew text end program serves the county in which
the crime was committed, the court may designate on a case-by-case basis which program
will receive the fine proceeds, giving consideration to the community in which the crime
was committed, the funding needs of the program, the number of peace officers in each
community certified to teach the program, and the number of children served by the
program in each community. If no drug abuse preventionnew text begin or interventionnew text end program serves
communities in that county, the court shall forward 100 percent of the fine proceeds to the
commissioner of finance to be credited to the general fund.
(d) The minimum fines required by this subdivision shall be collected as are other
fines. Fine proceeds received by a local drug abuse preventionnew text begin or interventionnew text end program
must be used to support that program, and may be used for salaries ofnew text begin program staff ornew text end
peace officers certified to teach the program. The deleted text begin drug abuse resistance educationdeleted text end program
must report receipt and use of money generated under this subdivision deleted text begin as prescribed by
the Drug Abuse Resistance Education Advisory Councildeleted text end new text begin to the state court administrator
by January 15 of each year. The state court administrator must make this information
available upon requestnew text end .
(e) As used in this subdivision, "drug abuse preventionnew text begin or interventionnew text end program"
and "program" include:
(1) the drug abuse resistance education program described in section 299A.33; deleted text begin anddeleted text end
(2) deleted text begin any similardeleted text end new text begin anew text end drug abuse education and prevention program that includes the
following components:
(i) instruction for students enrolled in kindergarten through grade six that is
designed to teach students to recognize and resist pressures to experiment with controlled
substances and alcohol;
(ii) provisions for parental involvement;
(iii) classroom instruction by uniformed law enforcement personnel;
(iv) the use of positive student leaders to influence younger students not to use
drugs; and
(v) an emphasis on activity-oriented techniques designed to encourage
student-generated responses to problem-solving situationsnew text begin ; and
new text end
new text begin
(3) a juvenile court program that:
new text end
new text begin
(i) provides intervention strategies to reduce drug abuse and criminal behavior
in juvenile offenders; and
new text end
new text begin (ii) promotes local drug abuse prevention efforts within the communitynew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 383B.65, subdivision 2,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
ARTICLE 4
MISCELLANEOUS JUDICIARY-RELATED CHANGES
Section 1.
Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read:
Subd. 2.
Procedure.
To promote and secure more efficient administration of justice,
the chief justice of the Supreme Court of the state shall supervise and coordinate the work
of the courts of the state. The Supreme Court may provide by rule that the chief justice not
be required to write opinions as a member of the Supreme Court. Its rules may further
provide for it to hear and consider cases in divisions. It may by rule assign temporarily
any retired justice of the Supreme Court or one judge of the Court of Appeals or district
court judge at a time to act as a justice of the Supreme Court or any number of justices
or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon
the assignment of a Court of Appeals judge or a district court judge to act as a justice of
the Supreme Court, a judge previously acting as a justice may complete unfinished duties
of that position. Any number of justices may disqualify themselves from hearing and
considering a case, in which event the Supreme Court may assign temporarily a retired
justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear
and consider the case in place of each disqualified justice. deleted text begin A retired justice who is acting
as a justice of the Supreme Court or judge of the Court of Appeals under this section shall
receive, in addition to retirement pay, out of the general fund of the state, an amount to
make the retired justice's total compensation equal to the same salary as a justice or judge
of the court on which the justice is acting.
deleted text end
Sec. 2.
Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read:
Subd. 3.
Retired justices and judges.
(a) The chief justice of the Supreme Court
may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court
pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a
retired judge of any court to act as a judge of any court except the Supreme Court. The
chief justice of the Supreme Court shall determine the pay and expenses to be received by
anew text begin justice ornew text end judge acting pursuant to this paragraph.
(b) A judge who has been elected to office and who has retired as a judge in good
standing and is not practicing law may also be appointed to serve as judge of any court
except the Supreme Court. A retired judge acting under this paragraph will receive pay
and expenses in the amount established by the Supreme Court.
Sec. 3.
Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read:
Subd. 2.
Fines and bail money.
(a) All fines, installment payments, and forfeited
bail money collected from persons convicted of violations of this chapter or rules adopted
thereunder, or of a violation of section 169A.20 involving a motorboat, shall be deleted text begin paid to
the county treasurer of the county where the violation occurred by the court administrator
or other person collecting the money within 15 days after the last day of the month the
money was collecteddeleted text end new text begin deposited in the state treasurynew text end .
(b) One-half of the receipts shall be credited to the general revenue fund deleted text begin of the
countydeleted text end . The other one-half of the receipts shall be transmitted deleted text begin by the county treasurerdeleted text end to
the commissioner of natural resources deleted text begin to be deposited in the state treasurydeleted text end and credited to
the water recreation account for the purpose of boat and water safety.
Sec. 4.
Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read:
Subd. 2a.
Petty misdemeanor cases and criminal convictions; fee assessment.
In
Hennepin County and Ramsey County, the district court administrator or a designee may,
upon the recommendation of the board of trustees and by standing order of the judges
of the district court, include in the costs or disbursements assessed against a defendant
convicted in the district court of the violation of a statute or municipal ordinance, a county
law library fee. This fee may be collected in all petty misdemeanor cases and criminal
prosecutions in which, upon conviction, the defendant may be subject to the payment of
the costs or disbursements in addition to a fine or other penalty.new text begin When a defendant is
convicted of more than one offense in a case, the county law library fee shall be imposed
only once in that case.
new text end
Sec. 5.
Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read:
Subd. 3.
Petty misdemeanor cases and criminal convictions; fee assessment.
The judge of district court may, upon the recommendation of the board of trustees and
by standing order, include in the costs or disbursements assessed against a defendant
convicted in the district court of the violation of any statute or municipal ordinance, in
all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the
defendant may be subject to the payment of the costs or disbursements in addition to a fine
or other penalty a county law library fee.new text begin When a defendant is convicted of more than one
offense in a case, the county law library fee shall be imposed only once in that case.new text end The
item of costs or disbursements may not be assessed for any offense committed prior to the
establishment of the county law library.
Sec. 6.
Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read:
Subdivision 1.
Sale crimes.
A person is guilty of controlled substance crime in the
fifth degreenew text begin and if convicted may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or bothnew text end if:
(1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
(2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in schedule IV.
Sec. 7.
Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:
Subd. 2.
Possession and other crimes.
A person is guilty of controlled substance
crime in the fifth degreenew text begin and if convicted may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or bothnew text end if:
(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
(2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
Sec. 8.
Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read:
Subdivision 1.
Possession of precursors.
new text begin (a) new text end A person is guilty of a crime if the
person possesses any chemical reagents or precursors with the intent to manufacture
methamphetaminenew text begin and if convicted may be sentenced to imprisonment for not more than
ten years or to payment of a fine of not more than $20,000, or bothnew text end .
new text begin
(b) A person is guilty of a crime if the person possesses any chemical reagents or
precursors with the intent to manufacture methamphetamine and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $30,000,
or both, if the conviction is for a subsequent controlled substance conviction.
new text end
As used in this section and section 152.021, "chemical reagents or precursors"
includes any of the following substances, or any similar substances that can be used to
manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or
similar substance:
(1) ephedrine;
(2) pseudoephedrine;
(3) phenyl-2-propanone;
(4) phenylacetone;
(5) anhydrous ammonia;
(6) organic solvents;
(7) hydrochloric acid;
(8) lithium metal;
(9) sodium metal;
(10) ether;
(11) sulfuric acid;
(12) red phosphorus;
(13) iodine;
(14) sodium hydroxide;
(15) benzaldehyde;
(16) benzyl methyl ketone;
(17) benzyl cyanide;
(18) nitroethane;
(19) methylamine;
(20) phenylacetic acid;
(21) hydriodic acid; or
(22) hydriotic acid.
Sec. 9.
Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read:
Subdivision 1.
Driving while impaired crimenew text begin ; motor vehiclenew text end .
It is a crime for
any person to drive, operate, or be in physical control of any motor vehiclenew text begin , as defined
in section 169A.03, subdivision 15, except for motor boats in operation and off-road
recreational vehicles,new text end within this state or on any boundary water of this statenew text begin whennew text end :
(1) deleted text begin whendeleted text end the person is under the influence of alcohol;
(2) deleted text begin whendeleted text end the person is under the influence of a controlled substance;
(3) deleted text begin whendeleted text end the person is knowingly under the influence of a hazardous substance that
affects the nervous system, brain, or muscles of the person so as to substantially impair
the person's ability to drive or operate the motor vehicle;
(4) deleted text begin whendeleted text end the person is under the influence of a combination of any two or more of
the elements named in clauses (1)deleted text begin , (2), anddeleted text end new text begin tonew text end (3);
(5) deleted text begin whendeleted text end the person's alcohol concentration at the time, or as measured within
two hours of the time, of driving, operating, or being in physical control of the motor
vehicle is 0.08 or more;
(6) deleted text begin whendeleted text end the vehicle is a commercial motor vehicle and the person's alcohol
concentration at the time, or as measured within two hours of the time, of driving,
operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
(7) deleted text begin whendeleted text end the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
Sec. 10.
Minnesota Statutes 2008, section 169A.20, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Driving while impaired crime; motorboat in operation. new text end
new text begin
It is a crime
for any person to operate or be in physical control of a motorboat in operation on any
waters or boundary water of this state when:
new text end
new text begin
(1) the person is under the influence of alcohol;
new text end
new text begin
(2) the person is under the influence of a controlled substance;
new text end
new text begin
(3) the person is knowingly under the influence of a hazardous substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the motorboat;
new text end
new text begin
(4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);
new text end
new text begin
(5) the person's alcohol concentration at the time, or as measured within two hours
of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or
more; or
new text end
new text begin
(6) the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
new text end
Sec. 11.
Minnesota Statutes 2008, section 169A.20, is amended by adding a
subdivision to read:
new text begin Subd. 1b. new text end
new text begin Driving while impaired crime; snowmobile and all-terrain vehicle. new text end
new text begin
It
is a crime for any person to operate or be in physical control of a snowmobile as defined in
section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision
8, anywhere in this state or on the ice of any boundary water of this state when:
new text end
new text begin
(1) the person is under the influence of alcohol;
new text end
new text begin
(2) the person is under the influence of a controlled substance;
new text end
new text begin
(3) the person is knowingly under the influence of a hazardous substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the snowmobile or all-terrain vehicle;
new text end
new text begin
(4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);
new text end
new text begin
(5) the person's alcohol concentration at the time, or as measured within two hours
of the time, of driving, operating, or being in physical control of the snowmobile or
all-terrain vehicle is 0.08 or more; or
new text end
new text begin
(6) the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
new text end
Sec. 12.
Minnesota Statutes 2008, section 169A.20, is amended by adding a
subdivision to read:
new text begin Subd. 1c. new text end
new text begin
Driving while impaired crime; off-highway motorcycle and off-road
vehicle.
new text end
new text begin
It is a crime for any person to operate or be in physical control of any off-highway
motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined
in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary
water of this state when:
new text end
new text begin
(1) the person is under the influence of alcohol;
new text end
new text begin
(2) the person is under the influence of a controlled substance;
new text end
new text begin
(3) the person is knowingly under the influence of a hazardous substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the off-highway motorcycle or off-road vehicle;
new text end
new text begin
(4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);
new text end
new text begin
(5) the person's alcohol concentration at the time, or as measured within two hours of
the time, of driving, operating, or being in physical control of the off-highway motorcycle
or off-road vehicle is 0.08 or more; or
new text end
new text begin
(6) the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
new text end
Sec. 13.
Minnesota Statutes 2008, section 169A.25, subdivision 1, is amended to read:
Subdivision 1.
Degree described.
(a) A person who violates section 169A.20,
subdivision 1new text begin , 1a, 1b, or 1c new text end (driving while impaired crime), is guilty of second-degree
driving while impaired if two or more aggravating factors were present when the violation
was committed.
(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to
chemical test crime), is guilty of second-degree driving while impaired if one aggravating
factor was present when the violation was committed.
Sec. 14.
Minnesota Statutes 2008, section 169A.26, subdivision 1, is amended to read:
Subdivision 1.
Degree described.
(a) A person who violates section 169A.20,
subdivision 1new text begin , 1a, 1b, or 1c new text end (driving while impaired crime), is guilty of third-degree driving
while impaired if one aggravating factor was present when the violation was committed.
(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to
chemical test crime), is guilty of third-degree driving while impaired.
Sec. 15.
Minnesota Statutes 2008, section 169A.27, subdivision 1, is amended to read:
Subdivision 1.
Degree described.
A person who violates section 169A.20,
subdivision 1new text begin , 1a, 1b, or 1c new text end (driving while impaired crime), is guilty of fourth-degree
driving while impaired.
Sec. 16.
Minnesota Statutes 2008, section 169A.28, subdivision 2, is amended to read:
Subd. 2.
Permissive consecutive sentences; multiple offenses.
(a) When a person
is being sentenced for a violation of a provision listed in paragraph (e), the court may
sentence the person to a consecutive term of imprisonment for a violation of any other
provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the
same course of conduct, subject to the limitation on consecutive sentences contained in
section 609.15, subdivision 2, and except as provided in paragraphs (b) and (c).
(b) When a person is being sentenced for a violation of section 171.09 (violation
of condition of restricted license), 171.20 (operation after revocation, suspension,
cancellation, or disqualification), 171.24 (driving without valid license), or 171.30
(violation of condition of limited license), the court may not impose a consecutive sentence
for another violation of a provision in chapter 171 (drivers' licenses and training schools).
(c) When a person is being sentenced for a violation of section 169.791 (failure to
provide proof of insurance) or 169.797 (failure to provide vehicle insurance), the court
may not impose a consecutive sentence for another violation of a provision of sections
169.79 to 169.7995.
(d) This subdivision does not limit the authority of the court to impose consecutive
sentences for crimes arising on different dates or to impose a consecutive sentence when
a person is being sentenced for a crime and is also in violation of the conditions of
a stayed or otherwise deferred sentence under section 609.135 (stay of imposition or
execution of sentence).
(e) This subdivision applies to misdemeanor and gross misdemeanor violations of
the following if the offender has two or more prior impaired driving convictions within
the past ten years:
(1) section 169A.20, subdivision 1new text begin , 1a, 1b, or 1c new text end (driving while impaired; impaired
driving offenses);
(2) section 169A.20, subdivision 2 (driving while impaired; test refusal offense);
(3) section 169.791;
(4) section 169.797;
(5) section 171.09 (violation of condition of restricted license);
(6) section 171.20, subdivision 2 (operation after revocation, suspension,
cancellation, or disqualification);
(7) section 171.24; and
(8) section 171.30.
Sec. 17.
Minnesota Statutes 2008, section 169A.284, is amended to read:
169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE;
SURCHARGE.
Subdivision 1.
When required.
(a) When a court sentences a person convicted
of an offense enumerated in section 169A.70, subdivision 2 (chemical use assessment;
requirement; form), it shall new text begin order the person to pay the cost of the assessment directly to
the entity conducting the assessment or providing the assessment services in an amount
determined by the entity conducting or providing the service and shall new text end impose a chemical
dependency assessment charge of deleted text begin $125deleted text end new text begin $25new text end . new text begin The court may waive the $25 assessment
charged, but may not waive the cost for the assessment as to be paid directly to the
entity conducting the assessment or providing assessment services.new text end A person shall pay
an additional surcharge of $5 if the person is convicted of a violation of section 169A.20
(driving while impaired) within five years of a prior impaired driving conviction or a prior
conviction for an offense arising out of an arrest for a violation of section 169A.20 or
Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled
substance) or 169.129 (aggravated DWI-related violations; penalty). This section applies
when the sentence is executed, stayed, or suspended. The court may not waive payment
or authorize payment of the assessment charge and surcharge in installments unless it
makes written findings on the record that the convicted person is indigent or that the
assessment charge and surcharge would create undue hardship for the convicted person or
that person's immediate family.
(b) The chemical dependency assessment charge and surcharge required under
this section are in addition to the surcharge required by section 357.021, subdivision 6
(surcharges on criminal and traffic offenders).
Subd. 2.
Distribution of money.
The deleted text begin countydeleted text end new text begin court administratornew text end shall collect and
forward deleted text begin to the commissioner of finance $25 ofdeleted text end the chemical dependency assessment
charge and the $5 surcharge, if any, deleted text begin within 60 days after sentencing or explain to the
commissioner in writing why the money was not forwarded within this time period. The
commissioner shall credit the moneydeleted text end new text begin to the commissioner of finance to be deposited in the
state treasury and creditednew text end to the general fund. deleted text begin The county shall collect and keep $100 of
the chemical dependency assessment charge.
deleted text end
Sec. 18.
Minnesota Statutes 2008, section 169A.46, subdivision 1, is amended to read:
Subdivision 1.
Impairment occurred after driving ceased.
If proven by a
preponderance of the evidence, it is an affirmative defense to a violation of section
169A.20, subdivision 1, clause (5)new text begin ; 1a, clause (5); 1b, clause (5); or 1c, clause (5)new text end (driving
while impaired, alcohol concentration within two hours of driving), or 169A.20 by a
person having an alcohol concentration of 0.20 or more as measured at the time, or within
two hours of the time, of the offense, that the defendant consumed a sufficient quantity
of alcohol after the time of the violation and before the administration of the evidentiary
test to cause the defendant's alcohol concentration to exceed the level specified in the
applicable clause. Evidence that the defendant consumed alcohol after the time of the
violation may not be admitted in defense to any alleged violation of section 169A.20,
unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the
matter.
Sec. 19.
Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:
Subdivision 1.
Revocation periods for DWI convictions.
Except as provided in
subdivision 7, the commissioner shall revoke the driver's license of a person convicted
of violating section 169A.20 (driving while impaired) or an ordinance in conformity
with it, as follows:
(1) for an offense under section 169A.20, subdivision 1 (driving while impaired
crime): not less than 30 days;
(2) for an offense under section 169A.20, subdivision 2 (refusal to submit to
chemical test crime): not less than 90 days;
(3) for an offense occurring within ten years of a qualified prior impaired driving
incident:
(i) if the current conviction is for a violation of section 169A.20, subdivision
1new text begin , 1a, 1b, or 1cnew text end , not less than 180 days and until the court has certified that treatment
or rehabilitation has been successfully completed where prescribed in accordance with
section 169A.70 (chemical use assessments); or
(ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not
less than one year and until the court has certified that treatment or rehabilitation has been
successfully completed where prescribed in accordance with section 169A.70;
(4) for an offense occurring within ten years of the first of two qualified prior
impaired driving incidents: not less than one year, together with denial under section
171.04, subdivision 1, clause (10), until rehabilitation is established in accordance with
standards established by the commissioner; or
(5) for an offense occurring within ten years of the first of three or more qualified
prior impaired driving incidents: not less than two years, together with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance
with standards established by the commissioner.
Sec. 20.
Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read:
Subd. 5.
Traffic fines and forfeited bail money.
(a) All fines and forfeited bail
money, deleted text begin from traffic and motor vehicle law violations,deleted text end collected from persons apprehended
or arrested by officers of the State Patrol, shall be deleted text begin paiddeleted text end new text begin transmittednew text end by the person or officer
collecting the fines, forfeited bail money, or installments thereof, on or before the tenth
day after the last day of the month in which these moneys were collected, to the deleted text begin county
treasurer of the county where the violation occurred.deleted text end new text begin commissioner of finance. Except
where a different disposition is required in this paragraph, paragraph (b), section 387.213,
or is otherwise provided by law, new text end three-eighths of these receipts deleted text begin shall be credited to the
general revenue fund of the county, except that in a county in a judicial district under
section 480.181, subdivision 1, paragraph (b), this three-eighths sharedeleted text end must be deleted text begin transmitted
to the commissioner of finance for depositdeleted text end new text begin depositednew text end in the state treasury and credited to
thenew text begin statenew text end general fund. The other five-eighths of these receipts deleted text begin shall be transmitted by that
officer to the commissioner of finance anddeleted text end must benew text begin deposited in the state treasury andnew text end
credited as follows: (1) the first $600,000 in each fiscal year must be credited to the
Minnesota grade crossing safety account in the special revenue fund, and (2) remaining
receipts must be credited to thenew text begin statenew text end trunk highway fund. If, however, the violation occurs
within a municipality and the city attorney prosecutes the offense, and a plea of not guilty
is entered, one-third of the receipts shall benew text begin deposited in the state treasury andnew text end credited
to the new text begin state new text end general deleted text begin revenuedeleted text end fund deleted text begin of the countydeleted text end , one-third of the receipts shall be paid
to the municipality prosecuting the offense, and one-third shall be deleted text begin transmitted to the
commissioner of finance as provided in this subdivision.deleted text end new text begin deposited in the state treasury
and credited to the Minnesota grade crossing safety account or the state trunk highway
fund as provided in this paragraph. When section 387.213 also is applicable to the fine,
section 387.213 shall be applied before this paragraph is applied.new text end All costs of participation
in a nationwide police communication system chargeable to the state of Minnesota shall
be paid from appropriations for that purpose.
(b) Notwithstanding any other provisions of law, all fines and forfeited bail money
from violations of statutes governing the maximum weight of motor vehicles, collected
from persons apprehended or arrested by employees of the state of Minnesota, by means
of stationary or portable scales operated by these employees, shall be deleted text begin paiddeleted text end new text begin transmittednew text end by
the person or officer collecting the fines or forfeited bail money, on or before the tenth day
after the last day of the month in which the collections were made, to the deleted text begin county treasurer
of the county where the violation occurreddeleted text end new text begin commissioner of financenew text end . Five-eighths of these
receipts shall be deleted text begin transmitted by that officer to the commissioner of finance and shall bedeleted text end new text begin
deposited in the state treasury andnew text end credited to the new text begin state new text end highway user tax distribution fund.
Three-eighths of these receipts shall be new text begin deposited in the state treasury and new text end credited to the
new text begin state new text end general deleted text begin revenue fund of the county, except that in a county in a judicial district
under section 480.181, subdivision 1, paragraph (b), this three-eighths share must be
transmitted to the commissioner of finance for deposit in the state treasury and credited
to the generaldeleted text end fund.
Sec. 21.
Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
Subd. 6.
Surcharges on criminal and traffic offenders.
(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor deleted text begin offensedeleted text end new text begin violation of a statute, ordinance, or administrative rulenew text end , other
than a violation of a law or ordinance relating to vehicle parking, for which there shall be
a $4 surcharge. new text begin When a defendant is convicted of more than one offense in a case, the
surcharge shall be imposed only once in that case. new text end In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.
(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the deleted text begin commissioner of financedeleted text end new text begin court administrator or other entity collecting the
surcharge imposed by the courtnew text end .
Sec. 22.
Minnesota Statutes 2008, section 364.08, is amended to read:
364.08 PRACTICE OF LAW; EXCEPTION.
This chapter shall not apply to the practice of lawnew text begin or judicial branch employmentnew text end ;
but nothing in this section shall be construed to preclude the Supreme Court, in its
discretion, from adopting the policies set forth in this chapter.
Sec. 23.
Minnesota Statutes 2008, section 375.14, is amended to read:
375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
The county board shall provide offices at the county seat for the auditor, treasurer,
county recorder, sheriff, court administrator of the district court, and an office for the
county engineer at a site determined by the county board, with suitable furniture and
safes and vaults for the security and preservation of the books and papers of the offices,
and provide heating, lighting, and maintenance of the offices. The board shall furnish
all county officers with all books, stationery, letterheads, envelopes, postage, telephone
service, office equipment, electronic technology, and supplies necessary to the discharge
of their respective duties deleted text begin and make like provision for the judges of the district court
as necessary to the discharge of their duties within the county or concerning matters
arising in itdeleted text end . The board is not required to furnish any county officer with professional or
technical books or instruments except when the board deems them directly necessary to
the discharge of official duties as part of the permanent equipment of the office.
Sec. 24.
Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision
to read:
new text begin Subd. 10c. new text end
new text begin Uniform collections policies and procedures for courts. new text end
new text begin
(a)
Notwithstanding chapter 16D, the state court administrator under the direction of the
Judicial Council may promulgate uniform collections policies and procedures for the
courts and may contract with credit bureaus, public and private collection agencies, the
Department of Revenue, and other public or private entities providing collection services
as necessary for the collection of court debts. The court collection process and procedures
are not subject to section 16A.1285 or chapter 16D.
new text end
new text begin
(b) Court debt means an amount owed to the state directly or through the judicial
branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge,
court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement,
liability owed, an assignment to the judicial branch, recovery of costs incurred by the
judicial branch, or any other source of indebtedness to the judicial branch as well as
amounts owed to other public or private entities for which the judicial branch acts in
providing collection services, or any other amount owed to the judicial branch.
new text end
new text begin
(c) The courts must pay for the collection services of public or private collection
entities as well as the cost of one or more court employees to provide collection interface
services between the Department of Revenue, the courts, and one or more collection
entities from the money collected. The portion of the money collected which must be paid
to the collection entity as collection fees and costs and the portion of the money collected
which must be paid to the courts or Department of Revenue for collection services are
appropriated from the fund to which the collected money is due.
new text end
new text begin
(d) As determined by the state court administrator, collection costs shall be added to
the debts referred to a public or private collection entity for collection.
new text end
new text begin
Collection costs shall include the fees of the collection entity, and may include, if
separately provided, skip tracing fees, credit bureau reporting charges, fees assessed
by any public entity for obtaining information necessary for debt collection, or other
collection-related costs. Collection costs shall also include the costs of one or more court
employees employed by the state court administrator to provide a collection interface
between the collection entity, the Department of Revenue, and the courts.
new text end
new text begin
If the collection entity collects an amount less than the total due, the payment is
applied proportionally to collection costs and the underlying debt. Collection costs in
excess of collection agency fees and court employee collection interface costs must be
deposited in the general fund as nondedicated receipts.
new text end
Sec. 25.
Minnesota Statutes 2008, section 484.85, is amended to read:
484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY;
ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
deleted text begin
(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution
for the violation of a statute or ordinance by the state or a governmental subdivision other
than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be
paid over to the county treasurer except where a different disposition is provided by law,
and the following fees shall be taxed to the state or governmental subdivision other than
a city or town within Ramsey County which would be entitled to payment of the fines,
forfeitures, or penalties in any case, and shall be paid to the administrator of the court for
disposal of the matter. The administrator shall deduct the fees from any fine collected for
the state of Minnesota or a governmental subdivision other than a city or town within
Ramsey County and transmit the balance in accordance with the law, and the deduction of
the total of the fees each month from the total of all the fines collected is hereby expressly
made an appropriation of funds for payment of the fees:
deleted text end
deleted text begin
(1) in all cases where the defendant is brought into court and pleads guilty and is
sentenced, or the matter is otherwise disposed of without a trial, $5;
deleted text end
deleted text begin
(2) in arraignments where the defendant waives a preliminary examination, $10;
deleted text end
deleted text begin
(3) in all other cases where the defendant stands trial or has a preliminary
examination by the court, $15; and
deleted text end
deleted text begin
(4) the court shall have the authority to waive the collection of fees in any particular
case.
deleted text end
deleted text begin
(b) On or before the last day of each month, the county treasurer shall pay over
to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures
collected and to the treasurer of each other municipality or subdivision of government in
Ramsey County one-half of all fines or penalties collected during the previous month from
those imposed for offenses committed within the treasurer's municipality or subdivision
of government in violation of a statute; an ordinance; or a charter provision, rule, or
regulation of a city. All other fines and forfeitures and all fees and costs collected by the
district court shall be paid to the treasurer of Ramsey County, who shall dispense the
same as provided by law.
deleted text end
new text begin
(a) In all cases prosecuted in Ramsey County District Court by an attorney for
a municipality or subdivision of government within Ramsey County for violation of
a statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines,
penalties, and forfeitures collected by the court administrator shall be deposited in the state
treasury and distributed according to this paragraph. Except where a different disposition
is provided by section 299D.03, subdivision 5, or other law, on or before the last day of
each month, the court shall pay over all fines, penalties, and forfeitures collected by the
court administrator during the previous month as follows:
new text end
new text begin
(1) for offenses committed within the city of St. Paul, two-thirds paid to the treasurer
of the city of St. Paul and one-third credited to the state general fund; and
new text end
new text begin
(2) for offenses committed within any other municipality or subdivision of
government within Ramsey County, one-half to the treasurer of the municipality or
subdivision of government and one-half credited to the state general fund.
new text end
new text begin
All other fines, penalties, and forfeitures collected by the district court shall be
distributed by the courts as provided by law.
new text end
new text begin
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
(a) when:
new text end
new text begin
(1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3; or
new text end
new text begin
(2) the attorney general provides assistance to the city attorney under section 484.87,
subdivision 5.
new text end
Sec. 26.
Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read:
Subd. 6.
Allocation.
deleted text begin
The court administrator shall provide the county treasurer with
the name of the municipality or other subdivision of government where the offense was
committed which employed or provided by contract the arresting or apprehending officer
and the name of the municipality or other subdivision of government which employed the
prosecuting attorney or otherwise provided for prosecution of the offense for each fine or
penalty and the total amount of fines or penalties collected for each municipality or other
subdivision of government. On or before the last day of each month, the county treasurer
shall pay over to the treasurer of each municipality or subdivision of government within
the county all fines or penalties for parking violations for which complaints and warrants
have not been issued and one-third of all fines or penalties collected during the previous
month for offenses committed within the municipality or subdivision of government from
persons arrested or issued citations by officers employed by the municipality or subdivision
or provided by the municipality or subdivision by contract. An additional one-third of all
fines or penalties shall be paid to the municipality or subdivision of government providing
prosecution of offenses of the type for which the fine or penalty is collected occurring
within the municipality or subdivision, imposed for violations of state statute or of an
ordinance, charter provision, rule, or regulation of a city whether or not a guilty plea is
entered or bail is forfeited. Except as provided in section 299D.03, subdivision 5, or as
otherwise provided by law, all other fines and forfeitures and all fees and statutory court
costs collected by the court administrator shall be paid to the county treasurer of the county
in which the funds were collected who shall dispense them as provided by law. In a county
in a judicial district under section 480.181, subdivision 1, paragraph (b), all other fines,
forfeitures, fees, and statutory court costs must be paid to the commissioner of finance for
deposit in the state treasury and credited to the general fund.
deleted text end
new text begin
(a) In all cases prosecuted in
district court by an attorney for a municipality or other subdivision of government within
the county for violations of state statute, or of an ordinance; or charter provision, rule,
or regulation of a city; all fines, penalties, and forfeitures collected shall be deposited in
the state treasury and distributed according to this paragraph. Except where a different
disposition is provided by section 299D.03, subdivision 5, 484.841, 484.85, or other law,
on or before the last day of each month, the courts shall pay over all fines, penalties, and
forfeitures collected by the court administrator during the previous month as follows:
new text end
new text begin
(1) 100 percent of all fines or penalties for parking violations for which complaints
and warrants have not been issued to the treasurer of the city or town in which the offense
was committed; and
new text end
new text begin
(2) two-thirds of all other fines to the treasurer of the city or town in which the
offense was committed and one-third credited to the state general fund.
new text end
new text begin
All other fines, penalties, and forfeitures collected by the court administrator shall be
distributed by the courts as provided by law.
new text end
new text begin
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
(a) when:
new text end
new text begin
(1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3;
new text end
new text begin
(2) a city has a population of 600 or less and has given the duty to prosecute cases to
the county attorney under section 487.87; or
new text end
new text begin
(3) the attorney general provides assistance to the county attorney as permitted
by law.
new text end
Sec. 27.
Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:
Subd. 9.
Judgment debtor disclosure.
Notwithstanding any contrary provision in
rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
conciliation court judgment or a judgment of district court on removal from conciliation
court has been docketed in district court, new text begin the judgment creditor's attorney as an officer of
the court may or new text end the district court in the county in which the judgment originated shall,
upon request of the judgment creditor, order the judgment debtor to mail to the judgment
creditor information as to the nature, amount, identity, and locations of all the debtor's
assets, liabilities, and personal earning. The information must be provided on a form
prescribed by the Supreme Court, and the information shall be sufficiently detailed to
enable the judgment creditor to obtain satisfaction of the judgment by way of execution on
nonexempt assets and earnings of the judgment debtor. The order must contain a notice
that failure to complete the form and mail it to the judgment creditor within ten days after
service of the order may result in a citation for civil contempt of court. Cash bail posted as
a result of being cited for civil contempt of court order under this section may be ordered
payable to the creditor to satisfy the judgment, either partially or fully.
Sec. 28.
Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read:
Subdivision 1.
Original documents.
The court administrator of any county upon
order of the judge exercising probate jurisdiction may destroy all the original documents
in any probate proceeding of record in the office deleted text begin five yearsdeleted text end after the file in such proceeding
has been closed provided the original or a Minnesota state archives commission approved
photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy
of the original of the following enumerated documents in the proceeding are on file in
the office.
Enumerated original documents:
(a) In estates, the jurisdictional petition and proof of publication of the notice of
hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders
directing and confirming sale, mortgage, lease, or for conveyance of real estate; order
setting apart statutory selection; receipts for federal estate taxes and state estate taxes;
orders of distribution and general protection; decrees of distribution; federal estate tax
closing letter, consent to discharge by commissioner of revenue and order discharging
representative; and any amendment of the listed documents.
When an estate is deemed closed as provided in clause (d) of this subdivision, the
enumerated documents shall include all claims of creditors.
(b) In guardianships or conservatorships, the jurisdictional petition and order for
hearing thereof with proof of service; letters; orders directing and confirming sale,
mortgage, lease or for conveyance of real estate; order for restoration to capacity and order
discharging guardian; and any amendment of the listed documents.
(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of
examination; warrant of commitment; notice of discharge from institution, or notice of
death and order for restoration to capacity; and any amendment of the listed documents.
(d) Except for the enumerated documents described in this subdivision, the court
administrator may destroy all other original documents in any probate proceeding without
retaining any reproduction of the document. For the purpose of this subdivision, a
proceeding is deemed closed if no document has been filed in the proceeding for a period
of 15 years, except in the cases of wills filed for safekeeping and those containing wills of
decedents not adjudicated upon.
Sec. 29.
Minnesota Statutes 2008, section 550.011, is amended to read:
550.011 JUDGMENT DEBTOR DISCLOSURE.
Unless the parties have otherwise agreed, if a judgment has been docketed in
district court for at least 30 days, and the judgment is not satisfied, new text begin the judgment creditor's
attorney as an officer of the court may or new text end the district court in the county in which the
judgment originated shall, upon request of the judgment creditor, order the judgment
debtor to mail by certified mail to the judgment creditor information as to the nature,
amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings.
The information must be provided on a form prescribed by the Supreme Court, and
the information shall be sufficiently detailed to enable the judgment creditor to obtain
satisfaction of the judgment by way of execution on nonexempt assets and earnings of the
judgment debtor. The order must contain a notice that failure to complete the form and
mail it to the judgment creditor within ten days after service of the order may result in a
citation for civil contempt of court. Cash bail posted as a result of being cited for civil
contempt of court order under this section may be ordered payable to the creditor to
satisfy the judgment, either partially or fully.
Sec. 30.
Minnesota Statutes 2008, section 609.035, subdivision 2, is amended to read:
Subd. 2.
Consecutive sentences.
(a) When a person is being sentenced for a
violation of a provision listed in paragraph (e), the court may sentence the person to a
consecutive term of imprisonment for a violation of any other provision listed in paragraph
(e), notwithstanding the fact that the offenses arose out of the same course of conduct,
subject to the limitation on consecutive sentences contained in section 609.15, subdivision
2, and except as provided in paragraphs (b), (c), and (f) of this subdivision.
(b) When a person is being sentenced for a violation of section 171.09, 171.20,
171.24, or 171.30, the court may not impose a consecutive sentence for another violation
of a provision in chapter 171.
(c) When a person is being sentenced for a violation of section 169.791 or 169.797,
the court may not impose a consecutive sentence for another violation of a provision
of sections 169.79 to 169.7995.
(d) This subdivision does not limit the authority of the court to impose consecutive
sentences for crimes arising on different dates or to impose a consecutive sentence when a
person is being sentenced for a crime and is also in violation of the conditions of a stayed
or otherwise deferred sentence under section 609.135.
(e) This subdivision applies to misdemeanor and gross misdemeanor violations of
the following if the offender has two or more prior impaired driving convictions as defined
in section 169A.03 within the past ten years:
(1) section 169A.20, subdivision 1new text begin , 1a, 1b, or 1c new text end , driving while impaired;
(2) section 169A.20, subdivision 2, test refusal;
(3) section 169.791, failure to provide proof of insurance;
(4) section 169.797, failure to provide vehicle insurance;
(5) section 171.09, violation of condition of restricted license;
(6) section 171.20, subdivision 2, operation after revocation, suspension,
cancellation, or disqualification;
(7) section 171.24, driving without valid license; and
(8) section 171.30, violation of condition of limited license.
(f) When a court is sentencing an offender for a violation of section 169A.20 and a
violation of an offense listed in paragraph (e), and the offender has five or more qualified
prior impaired driving incidents, as defined in section 169A.03, within the past ten years,
the court shall sentence the offender to serve consecutive sentences for the offenses,
notwithstanding the fact that the offenses arose out of the same course of conduct.
Sec. 31.
Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read:
Subdivision 1.
Sentences available.
new text begin (a) new text end Upon conviction of a felony and compliance
with the other provisions of this chapter the court, if it imposes sentence, may sentence
the defendant to the extent authorized by law as follows:
(1) to life imprisonment; or
(2) to imprisonment for a fixed term of years set by the court; or
(3) to both imprisonment for a fixed term of years and payment of a fine; or
(4) to payment of a fine without imprisonment deleted text begin or to imprisonment for a fixed term of
years if the fine is not paiddeleted text end new text begin or as an intermediate sanction on a stayed sentencenew text end ; or
(5) to payment of court-ordered restitution in addition to either imprisonment
or payment of a fine, or both; or
(6) to payment of a local correctional fee as authorized under section 609.102 in
addition to any other sentence imposed by the court.
new text begin
(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
due on the date imposed unless the court otherwise establishes a due date or a payment
plan.
new text end
Sec. 32.
Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:
Subd. 4.
Minimum fines; other crimes.
Notwithstanding any other law:
(1) when a court sentences a person convicted of a felony that is not listed in
subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine
authorized by law nor more than the maximum fine authorized by law; and
(2) when a court sentences a person convicted of a gross misdemeanor or
misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than
30 percent of the maximum fine authorized by law nor more than the maximum fine
authorized by law, unless the fine is set at a lower amount on a uniform fine schedule
established deleted text begin by the Judicial Council in consultation with affected state and local agencies.
This schedule shall be promulgated not later than September 1 of each year and shall
become effective on January 1 of the next year unless the legislature, by law, provides
otherwisedeleted text end new text begin according to section 609.1315new text end .
The minimum fine required by this subdivision is in addition to the surcharge or
assessment required by section 357.021, subdivision 6, and is in addition to any sentence
of imprisonment or restitution imposed or ordered by the court.
deleted text begin
The court shall collect the fines mandated in this subdivision and, except for fines for
traffic and motor vehicle violations governed by section 169.871 and section 299D.03 and
fish and game violations governed by section 97A.065, forward 20 percent of the revenues
to the commissioner of finance for deposit in the general fund.
deleted text end
Sec. 33.
new text begin
[609.104] FINE AND SURCHARGE COLLECTION.
new text end
new text begin Subdivision 1. new text end
new text begin Failure to pay restitution or fine. new text end
new text begin
(a) Any portion of a fine,
surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may
be referred for collection under section 480.15, subdivision 10c. If the defendant has
agreed to a payment plan but fails to pay an installment when due, the entire amount
remaining becomes due and payable and may be referred for collection under section
480.15, subdivision 10c.
new text end
new text begin
(b) The defendant may contest the referral for collection based on inability to pay by
requesting a hearing no later than the due date. The defendant shall be notified in writing
at sentencing that under section 480.15, subdivision 10c, the court may refer the case for
collection for nonpayment, and collection costs may be added to the amount due. The
defendant shall also be notified in writing of the right to contest a referral for collection.
The state court administrator shall develop the notice language.
new text end
new text begin Subd. 2. new text end
new text begin Fine and surcharge collection. new text end
new text begin
(a) A defendant's obligation to pay
court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due
date for a period set by the Judicial Council.
new text end
new text begin
(b) Any change in the collection period established by the Judicial Council shall be
effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on
or after the effective date of this section.
new text end
new text begin
(c) The period relating to a defendant's obligation to pay restitution under paragraph
(a) does not limit the victim's right to collect restitution through other means such as a
civil judgment.
new text end
new text begin
(d) Nothing in this subdivision extends the period of a defendant's stay of sentence
imposition or execution.
new text end
Sec. 34.
Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read:
Subdivision 1.
Sentences available.
new text begin (a) new text end Upon conviction of a misdemeanor or gross
misdemeanor the court, if sentence is imposed, may, to the extent authorized by law,
sentence the defendant:
(1) to imprisonment for a definite term; or
(2) to payment of a finedeleted text begin , or to imprisonment for a specified term if the fine is not paiddeleted text end new text begin
without imprisonment or as an intermediate sanction on a stayed sentencenew text end ; or
(3) to both imprisonment for a definite term and payment of a fine; or
(4) to payment of court-ordered restitution in addition to either imprisonment
or payment of a fine, or both; or
(5) to payment of a local correctional fee as authorized under section 609.102 in
addition to any other sentence imposed by the court; or
(6) to perform work service in a restorative justice program in addition to any other
sentence imposed by the court.
new text begin
(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
due on the date imposed unless the court otherwise establishes a due date or a payment
plan.
new text end
Sec. 35.
Minnesota Statutes 2008, section 609.131, subdivision 3, is amended to read:
Subd. 3.
Use of conviction for enhancement.
Notwithstanding any other law, a
conviction for a violation that was originally charged as a misdemeanor and was treated
as a petty misdemeanor under subdivision 1 or the Rules of Criminal Procedurenew text begin , or
was treated as a petty misdemeanor by inclusion on the uniform fine schedule,new text end may not
be used as the basis for charging a subsequent violation as a gross misdemeanor rather
than a misdemeanor.
Sec. 36.
new text begin
[609.1315] UNIFORM FINE SCHEDULE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment and effective date. new text end
new text begin
The Judicial Council shall
establish a uniform fine schedule in consultation with affected state and local agencies.
The uniform fine schedule may include petty misdemeanor and misdemeanor offenses, but
shall not include targeted misdemeanors as defined in section 299C.10. The uniform fine
schedule shall set a fine that may be paid for each offense in lieu of a court appearance.
The uniform fine schedule shall be submitted to the chairs and ranking minority members
of the senate and house of representatives committees having jurisdiction over criminal
justice policy and funding by January 15 of each year and shall become effective on July 1
of that year unless the legislature, by law, provides otherwise.
new text end
new text begin Subd. 2. new text end
new text begin Effect on misdemeanor offenses. new text end
new text begin
Any misdemeanors included on the
uniform fine schedule shall be treated as petty misdemeanors unless on the third or
subsequent offense, the charge is brought by formal complaint or, for offenses described in
chapter 169, the violation was committed in a manner or under circumstances so as to
endanger or be likely to endanger any person or property. Nothing in this section limits
the operation of section 169.89, subdivision 1.
new text end
new text begin Subd. 3. new text end
new text begin Notice. new text end
new text begin
A defendant must be advised in writing that payment of the fine for
an offense on the uniform fine schedule constitutes a plea of guilty, waiver of the right to
trial, and waiver of the right to counsel.
new text end
Sec. 37.
Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read:
Subdivision 1.
Terms and conditions.
(a) Except when a sentence of life
imprisonment is required by law, or when a mandatory minimum sentence is required by
section 609.11, any court may stay imposition or execution of sentence and:
(1) may order intermediate sanctions without placing the defendant on probation; or
(2) may place the defendant on probation with or without supervision and on the
terms the court prescribes, including intermediate sanctions when practicable. The court
may order the supervision to be under the probation officer of the court, or, if there is
none and the conviction is for a felony or gross misdemeanor, by the commissioner of
corrections, or in any case by some other suitable and consenting person. Unless the court
directs otherwise, state parole and probation agents and probation officers may impose
community work service or probation violation sanctions, consistent with section 243.05,
subdivision 1; sections 244.196 to 244.199; or 401.02, subdivision 5.
No intermediate sanction may be ordered performed at a location that fails to
observe applicable requirements or standards of chapter 181A or 182, or any rule
promulgated under them.
(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term
"intermediate sanctions" includes but is not limited to incarceration in a local jail or
workhouse, home detention, electronic monitoring, intensive probation, sentencing to
service, reporting to a day reporting center, chemical dependency or mental health
treatment or counseling, restitution, fines, day-fines, community work service, work
service in a restorative justice program, work in lieu of or to work off fines and, with the
victim's consent, work in lieu of or to work off restitution.
(c) A court may not stay the revocation of the driver's license of a person convicted
of violating the provisions of section 169A.20.
new text begin
(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction,
payment is due on the date imposed unless the court otherwise establishes a due date
or a payment plan.
new text end
Sec. 38.
Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read:
Subd. 1a.
Failure to pay restitution deleted text begin or finedeleted text end .
If the court orders payment of
restitution deleted text begin or a finedeleted text end as a condition of probation and if the defendant fails to pay the
restitution deleted text begin or a finedeleted text end in accordance with the payment schedule or structure established
by the court or the probation officer, the prosecutor or the defendant's probation officer
may, on the prosecutor's or the officer's own motion or at the request of the victim,
ask the court to hold a hearing to determine whether or not the conditions of probation
should be changed or probation should be revoked. The defendant's probation officer
shall ask for the hearing if the restitution deleted text begin or finedeleted text end ordered has not been paid prior to 60
days before the term of probation expires. The court shall schedule and hold this hearing
and take appropriate action, including action under subdivision 2, paragraph (g), before
the defendant's term of probation expires.
new text begin
Nothing in this subdivision limits the court's ability to refer the case to collections
under section 609.104 when a defendant fails to pay court-ordered restitution.
new text end
Sec. 39.
Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read:
Subd. 2.
Stay of sentence maximum periods.
(a) If the conviction is for a felony
other than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not
more than four years or the maximum period for which the sentence of imprisonment
might have been imposed, whichever is longer.
(b) If the conviction is for a gross misdemeanor violation of section 169A.20
or 609.21, subdivision 1a, paragraph (d), or for a felony described in section 609.21,
subdivision 1a, paragraph (b) or (c), the stay shall be for not more than six years. The
court shall provide for unsupervised probation for the last year of the stay unless the court
finds that the defendant needs supervised probation for all or part of the last year.
(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
stay shall be for not more than two years.
(d) If the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or
609.224, subdivision 1, in which the victim of the crime was a family or household
member as defined in section 518B.01, the stay shall be for not more than two years. The
court shall provide for unsupervised probation for the second year of the stay unless the
court finds that the defendant needs supervised probation for all or part of the second year.
(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
shall be for not more than one year.
(f) The defendant shall be discharged six months after the term of the stay expires,
unless the stay has been revoked or extended under paragraph (g), or the defendant has
already been discharged.
(g) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
if it finds, at a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution deleted text begin or a finedeleted text end in accordance
with the payment schedule or structure; and
(2) the defendant is likely to not pay the restitution deleted text begin or finedeleted text end the defendant owes before
the term of probation expires.
This one-year extension of probation for failure to pay restitution deleted text begin or a finedeleted text end may be
extended by the court for up to one additional year if the court finds, at another hearing
conducted under subdivision 1a, that the defendant still has not paid the court-ordered
restitution deleted text begin or finedeleted text end that the defendant owes.
new text begin
Nothing in this subdivision limits the court's ability to refer the case to collections
under section 609.104.
new text end
(h) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered treatment successfully; and
(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.
Sec. 40.
Minnesota Statutes 2008, section 631.48, is amended to read:
631.48 SENTENCE; COSTS OF PROSECUTION.
In a criminal action, upon conviction of the defendant, the court may order as part of
the sentence that defendant shall pay the whole or any part of the disbursements of the
prosecution, including disbursements made to extradite a defendant. The court may order
this payment in addition to any other penalty authorized by law which it may impose. The
payment of the disbursements of prosecution may be enforced in the same manner as the
sentence, or by execution against property. When collected, the disbursements deleted text begin must be
paid into the treasury of the county of conviction, butdeleted text end new text begin of ordered prosecution costs shall be
paid to the municipality or subdivision of government which employed the prosecuting
attorney or otherwise provided for prosecution of the case.new text end This payment may not interfere
with the payment of officers', witnesses', or jurors' fees.
Sec. 41. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision
2; 484.90, subdivisions 1, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135,
subdivision 8,
new text end
new text begin
are repealed.
new text end