1997 Minnesota Statutes

     626.861 Levy and collection of penalty assessments. 

    Subdivision 1.    Levy of assessment.  There is levied a 
 penalty assessment of 15 percent on each fine imposed and 
 collected by the courts of this state for traffic offenses in 
 violation of chapters 168 to 173 or equivalent local ordinances, 
 other than a fine or forfeiture for a violation of a local 
 ordinance or other law relating to the parking of a vehicle.  In 
 cases where the defendant is convicted but a fine is not 
 imposed, or execution of the fine is stayed, the court shall 
 impose a penalty assessment of not less than $5 nor more than 
 $10 when the conviction is for a petty misdemeanor, and shall 
 impose a penalty assessment of not less than $25 but not more 
 than $50 when the conviction is for a misdemeanor, gross 
 misdemeanor, or felony.  Where multiple offenses are involved, 
 the penalty assessment shall be assessed separately on each 
 offense for which the defendant is sentenced.  If imposition or 
 execution of sentence is stayed for all of the multiple 
 offenses, the penalty assessment shall be based upon the most 
 serious offense of which the defendant was convicted.  Where the 
 court suspends a portion of a fine, the suspended portion shall 
 not be counted in determining the amount of the penalty 
 assessment unless the offender is ordered to pay the suspended 
 portion of the fine.  Suspension of an entire fine shall be 
 treated as a stay of execution for purposes of computing the 
 amount of the penalty assessment.  

    Subd. 2.    Payment guidelines.  The sentencing court 
 may, upon a showing of indigency or undue hardship upon the 
 convicted person or the convicted person's immediate family, 
 authorize payment of the penalty assessment in installments.  If 
 the convicted person is sentenced and committed to imprisonment, 
 the chief executive officer of the institution in which the 
 person is confined may collect the assessment from any earnings 
 the inmate shall accrue for work performed in the institution or 
 while on conditional release therefrom under the provisions of 
 section 241.26 or 631.425 and forward same to the court 
 administrator in which the convicted person was sentenced, for 
 transmittal to the state treasurer in the manner provided in 
 subdivision 3.  

    The court may decline to impose a penalty assessment or may 
 forgive payment of a penalty assessment previously imposed, in 
 cases where undue hardship cannot otherwise be avoided.  

    Subd. 3.    Collection by court.  After a determination 
 by the court of the amount of the fine or penalty assessment 
 due, the court administrator shall collect the appropriate 
 penalty assessment and transmit it to the county treasurer 
 separately with designation of its origin as a penalty 
 assessment, but with the same frequency as fines are 
 transmitted.  Amounts collected under this subdivision shall 
 then be transmitted to the state treasurer for deposit for peace 
 officers training, in the same manner as fines collected for the 
 state by a county.  The state treasurer shall identify and 
 report to the commissioner of finance all amounts deposited 
 according to subdivision 4.  

    Subd. 4.    Peace officers training account.  Receipts 
 from penalty assessments must be credited to a peace officers 
 training account in the special revenue fund.  

    HIST: 1981 c 341 s 2; 1Sp1985 c 10 s 117; 1Sp1985 c 13 s 369; 
 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 149 art 2 s 11; 1987 
 c 404 s 190; 1989 c 335 art 4 s 102,103; 1990 c 553 s 12; 1991 c 
 233 s 107,108; 1992 c 513 art 3 s 74-76; 1993 c 13 art 1 s 51; 
 1993 c 146 art 2 s 27; 1994 c 636 art 4 s 34; 1995 c 226 art 1 s 
 21; art 2 s 34