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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 28-S.F.No. 99 
                  An act relating to crime; requiring offenders 
                  convicted for failure to appear after release to pay 
                  costs incurred by the prosecuting authority or 
                  governmental agency due to the failure to appear; 
                  amending Minnesota Statutes 1998, section 609.49, 
                  subdivisions 1, 2, and by adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 609.49, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FELONY OFFENDERS.] (a) A person charged 
        with or convicted of a felony and released from custody, with or 
        without bail or recognizance, on condition that the releasee 
        personally appear when required with respect to the charge or 
        conviction, who intentionally fails to appear when required 
        after having been notified that a failure to appear for a court 
        appearance is a criminal offense, or after having been released 
        on an order or condition that the releasee personally appear 
        when required with respect to the charge or conviction, is 
        guilty of a crime for failure to appear and may be sentenced to 
        not more than one-half of the maximum term of imprisonment or 
        fine, or both, provided for the underlying crime for which the 
        person failed to appear, but this maximum sentence shall, in no 
        case, be less than a term of imprisonment of one year and one 
        day or a fine of $1,500, or both. 
           (b) A felony charge under this subdivision may be filed 
        upon the person's nonappearance.  However, the charge must be 
        dismissed if the person who fails to appear voluntarily 
        surrenders within 48 hours after the time required for 
        appearance.  This paragraph does not apply if the offender 
        appears as a result of being apprehended by law enforcement 
        authorities.  
           Sec. 2.  Minnesota Statutes 1998, section 609.49, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GROSS MISDEMEANOR AND MISDEMEANOR OFFENDERS.] A 
        person charged with a gross misdemeanor or misdemeanor who 
        intentionally fails to appear in court for trial on the charge 
        after having been notified that a failure to appear for a court 
        appearance is a criminal offense, or after having been released 
        on an order or condition that the releasee personally appear for 
        trial when required with respect to the charge, is guilty of a 
        misdemeanor.  
           Sec. 3.  Minnesota Statutes 1998, section 609.49, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [REIMBURSEMENT FOR COSTS.] Upon conviction of a 
        defendant for a violation of subdivision 1 or 2, the court may 
        order as part of the sentence that the defendant pay the costs 
        incurred by the prosecuting authority or governmental agency due 
        to the defendant's failure to appear.  The court may order this 
        payment in addition to any other penalty authorized by law which 
        it may impose.  A defendant shall pay the entire amount of any 
        restitution ordered and fine imposed before paying costs ordered 
        under this subdivision.  The order for payment of these costs 
        may be enforced in the same manner as the sentence, or by 
        execution against property.  When collected, the costs must be 
        paid into the treasury of the county of conviction. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective August 1, 1999, and apply to 
        crimes committed on or after that date. 
           Presented to the governor March 29, 1999 
           Signed by the governor April 1, 1999, 1:32 p.m.