Minnesota SF 838: Money bail uses for certain offenses limitation

Bill Text

1.1 A bill for an act​
1.2 relating to public safety; limiting the use of money bail for certain offenses;​
1.3 amending Minnesota Statutes 2022, section 629.53.​
1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.5 Section 1. Minnesota Statutes 2022, section 629.53, is amended to read:​
1.6 629.53 PROVIDING RELEASE ON BAIL; COMMITMENT.​
1.7 Subdivision 1.Pretrial release.A person charged with a criminal offense may be​
1.8 released with or without bail in accordance with rule 6.02 of the Rules of Criminal Procedure​
1.9 and this section. To the extent a court determines there is a conflict between rule 6.02 of​
1.10 the Rules of Criminal Procedure and this section, this section shall control.​
1.11 Subd. 2.Release of a person charged with a misdemeanor offense.(a) A defendant​
1.12 charged with a misdemeanor offense, other than a violation identified in paragraph (e), must​
1.13 be released on personal recognizance unless the court determines that there is a substantial​
1.14 likelihood that the defendant will not appear at future court proceedings or poses a threat​
1.15 to a victim's safety.​
1.16 (b) If the court determines that there is a substantial likelihood that a defendant will not​
1.17 appear at future court appearances, the court must impose the least restrictive conditions of​
1.18 release that will reasonably assure the person's appearance as ordered. These conditions of​
1.19 release include but are not limited to an unsecured appearance bond or money bail on which​
1.20 the defendant may be released by posting cash or sureties. If the court sets conditions of​
1.21 release other than an unsecured appearance bond or money bail, it must also set money bail​
1.22 without other conditions on which the defendant may be released.​
1​Section 1.​
23-01970 as introduced​01/10/23 REVISOR KLL/KA​
SENATE​
STATE OF MINNESOTA​
S.F. No. 838​NINETY-THIRD SESSION​
(SENATE AUTHORS: OUMOU VERBETEN, Marty, Mohamed, Dibble and Boldon)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​458​01/27/2023​
Referred to Judiciary and Public Safety​
Author added Boldon​1287​03/02/2023​

2.1 (c) The court must not impose a financial condition of release on a defendant subject to​
2.2 this subdivision that results in the pretrial detention of the defendant. Financial conditions​
2.3 of release include but are not limited to money bail.​
2.4 (d) If a defendant subject to this subdivision remains in custody for more than 48 hours​
2.5 after the court imposes a financial condition of release, the court must review the conditions​
2.6 of release and there exists a rebuttable presumption that the financial condition resulted in​
2.7 the pretrial detention of the defendant.​
2.8 (e) This subdivision does not apply to violations of:​
2.9 (1) section 169A.20;​
2.10 (2) section 518B.01;​
2.11 (3) section 609.224;​
2.12 (4) section 609.2242;​
2.13 (5) section 609.748;​
2.14 (6) section 609.749; and​
2.15 (7) section 629.75.​
2.16 (f) If a defendant released pursuant to paragraph (a) or (b) fails to appear at a required​
2.17 court hearing, the court shall issue a summons or warrant directing that the defendant appear​
2.18 in court pursuant to rule 6.03 of the Rules of Criminal Procedure.​
2.19 Subd. 3.Presumption of release on personal recognizance.Except as described in​
2.20 subdivision 2, on appearance before the court, a defendant charged with a misdemeanor​
2.21 must be released on personal recognizance or an unsecured appearance bond unless otherwise​
2.22 provided by law, or a court determines that release will endanger the public safety, a victim's​
2.23 safety, or will not reasonably assure the defendant's appearance.​
2.24 Subd. 4.Money bail; disposition.Money bail is the property of the accused, whether​
2.25 deposited by that person or by a third person on the accused's behalf. When money bail is​
2.26 accepted by a judge, that judge shall order it to be deposited with the court administrator.​
2.27 The court administrator shall retain it until the final disposition of the case and the final​
2.28 order of the court disposing of the case. Upon release, the amount released must be paid to​
2.29 the accused personally or upon that person's written order. In case of conviction, the judge​
2.30 may order the money bail deposit to be applied to any fine or restitution imposed on the​
2.31 defendant by the court and, if the fine or restitution is less than the deposit, order the balance​
2​Section 1.​
23-01970 as introduced​01/10/23 REVISOR KLL/KA​

3.1 to be paid to the defendant. Money bail deposited with the court or any officer of it is exempt​
3.2 from garnishment or levy under attachment or execution.​
3.3 EFFECTIVE DATE.This section is effective August 1, 2023.​
3​Section 1.​
23-01970 as introduced​01/10/23 REVISOR KLL/KA​