Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 264-H.F.No. 95 
           An act relating to crime victims; clarifying certain 
          criminal fine provisions; authorizing the deposit of 
          unclaimed and abandoned restitution payments in the 
          crime victim and witness account; increasing the 
          maximum amount of reparations payable for funeral, 
          burial, or cremation expenses; authorizing the payment 
          of reparations under certain circumstances to 
          Minnesota residents injured by crimes committed 
          elsewhere; clarifying the authority of the reparations 
          board to deny reparations on the basis of claimant's 
          contributory misconduct; amending Minnesota Statutes 
          1988, sections 345.48, subdivision 1; 609.101, 
          subdivision 2; 611A.52, subdivision 8; 611A.53, by 
          adding a subdivision; and 611A.54. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 345.48, 
subdivision 1, is amended to read: 
    Subdivision 1.  All funds received under sections 345.31 to 
345.60, including the proceeds from the sale of abandoned 
property pursuant to section 345.47, shall forthwith be 
deposited by the commissioner in the general fund of the state; 
except that unclaimed restitution payments held by a court under 
section 345.38 shall be deposited in the crime victim and 
witness account created in section 609.101, subdivision 1. 
Before making the deposit the commissioner shall record the name 
and last known address of each person appearing from the 
holders' reports to be entitled to the abandoned property and of 
the name and last known address of each policyholder, insured 
person, or annuitant, and with respect to each policy or 
contract listed in the report of a life insurance corporation, 
its number, the name of the corporation, and the amount due.  
The record shall be available for public inspection at all 
reasonable business hours. 
    Sec. 2.  Minnesota Statutes 1988, section 609.101, 
subdivision 2, is amended to read: 
    Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law:  
    (1) when a court sentences a person convicted of violating 
section 609.221, 609.267, or 609.342, it must impose a fine of 
not less than $500 nor more than the maximum fine authorized by 
law; 
    (2) when a court sentences a person convicted of violating 
section 609.222, 609.223, 609.2671, 609.343, 609.344, or 
609.345, it must impose a fine of not less than $300 nor more 
than the maximum fine authorized by law; and 
    (3) when a court sentences a person convicted of violating 
section 609.2231, 609.224, or 609.2672, it must impose a fine of 
not less than $100 nor more than the maximum fine authorized by 
law.  
    The court may not waive payment of the fine or authorize 
payment of it in installments unless the court makes written 
findings on the record that the convicted person is indigent or 
that the fine would create undue hardship for the convicted 
person or that person's immediate family. 
    The court shall collect the minimum portion of the fine 
mandated by this subdivision and forward 70 percent of it to a 
local victim assistance program that provides services locally 
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 crime victim and witness account 
established in subdivision 1.  If more than one victim 
assistance 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 nature of the crime committed, the types of victims served 
by the program, and the funding needs of the program.  If no 
victim assistance program serves that county, the court shall 
forward 100 percent of the fine proceeds to the commissioner of 
finance to be credited to the crime victim and witness account.  
Fine proceeds received by a local victim assistance program must 
be used to provide direct services to crime victims.  Fine 
proceeds credited to the crime victim and witness account may be 
appropriated to the crime victim and witness advisory council, 
and the council may use all or part of the proceeds for the 
purpose of providing grants to establish new victim assistance 
programs.  
    The minimum fine required by this subdivision is in 
addition to the surcharge or assessment required by subdivision 
1 and is in addition to any term of imprisonment or restitution 
imposed or ordered by the court. 
    As used in this subdivision, "victim assistance program" 
means victim witness programs within county attorney offices or 
any of the following programs approved by the department of 
corrections:  crime victim crisis centers, victim-witness 
programs, battered women shelters and nonshelter programs, and 
sexual assault programs. 
    Section 3.  Minnesota Statutes 1988, section 611A.52, 
subdivision 8, is amended to read: 
    Subd. 8.  [ECONOMIC LOSS.] "Economic loss" means actual 
economic detriment incurred as a direct result of injury or 
death. 
    (a) In the case of injury the term is limited to: 
    (1) reasonable expenses incurred for necessary medical, 
chiropractic, hospital, rehabilitative, and dental products, 
services, or accommodations, including ambulance services, 
drugs, appliances, and prosthetic devices; 
    (2) reasonable expenses incurred for psychological or 
psychiatric products, services, or accommodations where the 
nature of the injury or the circumstances of the crime are such 
that the treatment is necessary to the rehabilitation of the 
victim, subject to the following limitations: 
    (i) if treatment is likely to continue longer than six 
months after the date the claim is filed and the cost of the 
additional treatment will exceed $1,500, or if the total cost of 
treatment in any case will exceed $4,000, the provider shall 
first submit to the board a plan which includes the measurable 
treatment goals, the estimated cost of the treatment, and the 
estimated date of completion of the treatment.  Claims submitted 
for treatment that was provided more than 30 days after the 
estimated date of completion may be paid only after advance 
approval by the board of an extension of treatment; and 
      (ii) the board may, in its discretion, elect to pay claims 
under this clause on a quarterly basis; 
     (3) loss of income greater than $50 that the victim would 
have earned had the victim not been injured; 
     (4) reasonable expenses incurred for substitute child care 
or household services to replace those the victim would have 
performed had the victim not been injured.  As used in this 
clause, "child care services" means services provided by 
facilities licensed under and in compliance with either 
Minnesota Rules, parts 9502.0315 to 9502.0445, or 9545.0510 to 
9545.0670, or exempted from licensing requirements pursuant to 
section 245A.03.  Licensed facilities must be paid at a rate not 
to exceed their standard rate of payment.  Facilities exempted 
from licensing requirements must be paid at a rate not to exceed 
$3 an hour per child for daytime child care or $4 an hour per 
child for evening child care; and 
     (5) reasonable expenses actually incurred to return a child 
who was a victim of a crime under section 609.25 or 609.26 to 
the child's parents or lawful custodian.  These expenses are 
limited to transportation costs, meals, and lodging from the 
time the child was located until the child was returned home. 
     (b) In the case of death the term is limited to: 
     (1) reasonable expenses actually incurred for funeral, 
burial, or cremation, not to exceed $2,250 an amount to be 
determined by the board on the first day of each fiscal year; 
     (2) reasonable expenses for medical, chiropractic, 
hospital, rehabilitative, psychological and psychiatric 
services, products or accommodations which were incurred prior 
to the victim's death and for which the victim's survivors or 
estate are liable; 
     (3) loss of support, including contributions of money, 
products or goods, but excluding services which the victim would 
have supplied to dependents if the victim had lived; and 
      (4) reasonable expenses incurred for substitute child care 
and household services to replace those which the victim would 
have performed for the benefit of dependents if the victim had 
lived. 
    Claims for loss of support for minor children made under 
clause (3) must be paid for three years or until the child 
reaches 18 years old, whichever is the shorter period.  After 
three years, if the child is less than 18 years old a claim for 
loss of support may be resubmitted to the board, and the board 
shall evaluate the claim giving consideration to the child's 
financial need and to the availability of funds to the board. 
    Claims for substitute child care services made under clause 
(4) must be limited to the actual care that the deceased victim 
would have provided to enable surviving family members to pursue 
economic, educational, and other activities other than 
recreational activities. 
    Sec. 4.  Minnesota Statutes 1988, section 611A.53, is 
amended by adding a subdivision to read: 
    Subd. 1b.  [MINNESOTA RESIDENTS INJURED ELSEWHERE.] A 
Minnesota resident who is the victim of a crime committed 
outside the geographical boundaries of this state but who 
otherwise meets the requirements of this section shall have the 
same rights under this chapter as if the crime had occurred 
within this state upon a showing that the state, territory, or 
United States possession in which the crime occurred does not 
have a crime victim reparations law covering the resident's 
injury or death. 
    Sec. 5.  Minnesota Statutes 1988, section 611A.54, is 
amended to read: 
     611A.54 [AMOUNT OF REPARATIONS.] 
     Reparations shall equal economic loss except that: 
     (1) reparations shall be reduced to the extent that 
economic loss is recouped from a collateral source or collateral 
sources.  Where compensation is readily available to a claimant 
from a collateral source, the claimant must take reasonable 
steps to recoup from the collateral source before claiming 
reparations; 
    (2) reparations shall be denied or reduced to the extent, 
if any, that the board deems reasonable because of the 
contributory misconduct of the claimant or of a victim through 
whom the claimant claims; and 
     (3) reparations paid to all claimants suffering economic 
loss as the result of the injury or death of any one victim 
shall not exceed $50,000.  
     No employer may deny an employee an award of benefits based 
on the employee's eligibility or potential eligibility for 
reparations. 
    Presented to the governor May 23, 1989 
    Signed by the governor May 25, 1989, 6:21 p.m.