1.1 	A bill for an act
1.2 	relating to public safety; prohibiting local authorities from enforcing criminal 
1.3 	provisions with administrative penalties; clarifying the application of the 
1.4 	criminal and traffic offender surcharge; amending Minnesota Statutes 2008, 
1.5 	sections 357.021, subdivision 6; 609.095.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
1.8 		Subd. 6.Surcharges on criminal and traffic offenders. (a) Except as provided 
1.9 	in this paragraph, the court shall impose and the court administrator shall collect a $75 
1.10 	surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or 
1.11 	petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle 
1.12 	parking, for which there shall be a $4 surcharge. In the Second Judicial District, the 
1.13 	court shall impose, and the court administrator shall collect, an additional $1 surcharge 
1.14 	on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty 
1.15 	misdemeanor offense, including a violation of a law or ordinance relating to vehicle 
1.16 	parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The 
1.17 	surcharge shall be imposed whether or not the person is sentenced to imprisonment or the 
1.18 	sentence is stayed. The surcharge shall not be imposed when a person is convicted of a 
1.19 	petty misdemeanor for which no fine is imposed.
1.20 	(b) If the court fails to impose a surcharge as required by this subdivision, the court 
1.21 	administrator shall show the imposition of the surcharge, collect the surcharge, and 
1.22 	correct the record.
1.23 	(c) The court may not waive payment of the surcharge required under this 
1.24 	subdivision. Upon a showing of indigency or undue hardship upon the convicted person 
2.1 	or the convicted person's immediate family, the sentencing court may authorize payment 
2.2 	of the surcharge in installments.
2.3 	(d) The court administrator or other entity collecting a surcharge shall forward it 
2.4 	to the commissioner of finance.
2.5 	(e) If the convicted person is sentenced to imprisonment and has not paid the 
2.6 	surcharge before the term of imprisonment begins, the chief executive officer of the 
2.7 	correctional facility in which the convicted person is incarcerated shall collect the 
2.8 	surcharge from any earnings the inmate accrues from work performed in the facility 
2.9 	or while on conditional release. The chief executive officer shall forward the amount 
2.10 	collected to the commissioner of finance.
2.11 	(f) A person who successfully completes a diversion or similar program for a 
2.12 	violation of chapter 169 must pay the surcharge described in this subdivision.

2.13 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to acts 
2.14 	committed on or after that date.

2.15 	Sec. 2. Minnesota Statutes 2008, section 609.095, is amended to read:
2.16 	609.095 LIMITS OF SENTENCES.
2.17 	(a) The legislature has the exclusive authority to define crimes and offenses and the 
2.18 	range of the sentences or punishments for their violation. No other or different sentence 
2.19 	or punishment shall be imposed for the commission of a crime than is authorized by this 
2.20 	chapter or other applicable law.
2.21 	(b) Except as provided in section 152.18 or 609.375, or upon agreement of the 
2.22 	parties, a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty 
2.23 	plea in accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been 
2.24 	found guilty by a court or jury following a trial.  
2.25 	(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 
2.26 	26.04.  
2.27 	(d) Except as otherwise specifically provided by state law and notwithstanding any 
2.28 	contrary charter provision or ordinance, no statutory or home rule charter city, county, 
2.29 	or town may impose administrative penalties to enforce a provision of this or any other 
2.30 	chapter of law having a felony, gross misdemeanor, misdemeanor, or petty misdemeanor 
2.31 	penalty.

2.32 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to acts 
2.33 	committed on or after that date.