Bill Text: MN SF2417 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Spinal cord injury and traumatic brain injury research account, driving while impaired (DWI) penalty assessment, and appropriation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-13 - Referred to Judiciary and Public Safety [SF2417 Detail]
Download: Minnesota-2011-SF2417-Introduced.html
1.2relating to public safety; requiring that a penalty assessment be imposed on
1.3DWI offenders and using the money raised for spinal cord injury and traumatic
1.4brain injury research grants; establishing a special revenue account; requiring
1.5reports; appropriating money;proposing coding for new law in Minnesota
1.6Statutes, chapters 145; 169A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [145.999] SPINAL CORD INJURY AND TRAUMATIC BRAIN
1.9INJURY RESEARCH ACCOUNT; RESEARCH GRANT PROGRAM;
1.10LEGISLATIVE REPORTS.
1.11 Subdivision 1. Account established. The spinal cord injury and traumatic brain
1.12injury research account is a special revenue account in the state treasury. The account
1.13consists of proceeds from the DWI penalty assessment collected under section 169A.271.
1.14 Subd. 2. Grant program; legislative reports. (a) The commissioner of health may
1.15make grants to organizations and individuals to conduct research into spinal cord injury
1.16and traumatic brain injury. The research funded may include finding new treatments and
1.17education, prevention, and rehabilitative efforts for these injuries.
1.18(b) By January 15 of each year, the commissioner shall report to the chairs and
1.19ranking minority members of the senate and house of representatives committees having
1.20jurisdiction over health care and criminal justice policy and funding. At a minimum, the
1.21report must specify the amount of money deposited into the account during the preceding
1.22year and provide information on the grants awarded under this section.
1.23EFFECTIVE DATE.This section is effective July 1, 2012.
1.24 Sec. 2. [169A.271] DWI PENALTY ASSESSMENT.
2.1(a) For every offender convicted of violating section 169A.20 (driving while
2.2impaired), the court shall impose and the court administrator shall collect a penalty
2.3assessment. The assessment is in addition to any criminal fine, surcharge, or other fee
2.4imposed on the offender. The assessment must be imposed whether or not the offender is
2.5incarcerated for the offense or the sentence is stayed. The amount of the assessment is:
2.6(1) $25 for an offender sentenced under section 169A.27 (fourth-degree driving
2.7while impaired); and
2.8(2) $50 for an offender sentenced under section 169A.24 (first-degree driving while
2.9impaired); 169A.25 (second-degree driving while impaired); or 169A.26 (third-degree
2.10driving while impaired).
2.11 (b) If the court fails to impose an assessment as required by this section, the court
2.12administrator shall show the imposition of the assessment, collect the assessment, and
2.13correct the record.
2.14 (c) The court may not waive payment of the assessment required under this section.
2.15Upon a showing of indigency or undue hardship upon the convicted person or the
2.16convicted person's immediate family, the sentencing court may authorize payment of
2.17the assessment in installments.
2.18 (d) The court administrator or other entity collecting an assessment shall forward it
2.19to the commissioner of management and budget who shall deposit it into the spinal cord
2.20injury and traumatic brain injury research account described in section 145.999.
2.21 (e) If the convicted person is sentenced to incarceration and has not paid the
2.22assessment before the term of incarceration begins, the chief executive officer of the
2.23correctional facility in which the convicted person is incarcerated shall collect the
2.24assessment from any earnings the inmate accrues from work performed in the facility
2.25or while on conditional release. The chief executive officer shall forward the amount
2.26collected to the court administrator or other entity collecting the assessment imposed by
2.27the court.
2.28EFFECTIVE DATE.This section is effective July 1, 2012, and applies to crimes
2.29committed on or after that date.
2.30 Sec. 3. APPROPRIATION.
2.31$....... is appropriated from the spinal cord injury and traumatic brain injury research
2.32account in the special revenue fund to the commissioner of health for the fiscal year ending
2.33June 30, 2013, to make the grants authorized in Minnesota Statutes, section 145.999.
1.3DWI offenders and using the money raised for spinal cord injury and traumatic
1.4brain injury research grants; establishing a special revenue account; requiring
1.5reports; appropriating money;proposing coding for new law in Minnesota
1.6Statutes, chapters 145; 169A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [145.999] SPINAL CORD INJURY AND TRAUMATIC BRAIN
1.9INJURY RESEARCH ACCOUNT; RESEARCH GRANT PROGRAM;
1.10LEGISLATIVE REPORTS.
1.11 Subdivision 1. Account established. The spinal cord injury and traumatic brain
1.12injury research account is a special revenue account in the state treasury. The account
1.13consists of proceeds from the DWI penalty assessment collected under section 169A.271.
1.14 Subd. 2. Grant program; legislative reports. (a) The commissioner of health may
1.15make grants to organizations and individuals to conduct research into spinal cord injury
1.16and traumatic brain injury. The research funded may include finding new treatments and
1.17education, prevention, and rehabilitative efforts for these injuries.
1.18(b) By January 15 of each year, the commissioner shall report to the chairs and
1.19ranking minority members of the senate and house of representatives committees having
1.20jurisdiction over health care and criminal justice policy and funding. At a minimum, the
1.21report must specify the amount of money deposited into the account during the preceding
1.22year and provide information on the grants awarded under this section.
1.23EFFECTIVE DATE.This section is effective July 1, 2012.
1.24 Sec. 2. [169A.271] DWI PENALTY ASSESSMENT.
2.1(a) For every offender convicted of violating section 169A.20 (driving while
2.2impaired), the court shall impose and the court administrator shall collect a penalty
2.3assessment. The assessment is in addition to any criminal fine, surcharge, or other fee
2.4imposed on the offender. The assessment must be imposed whether or not the offender is
2.5incarcerated for the offense or the sentence is stayed. The amount of the assessment is:
2.6(1) $25 for an offender sentenced under section 169A.27 (fourth-degree driving
2.7while impaired); and
2.8(2) $50 for an offender sentenced under section 169A.24 (first-degree driving while
2.9impaired); 169A.25 (second-degree driving while impaired); or 169A.26 (third-degree
2.10driving while impaired).
2.11 (b) If the court fails to impose an assessment as required by this section, the court
2.12administrator shall show the imposition of the assessment, collect the assessment, and
2.13correct the record.
2.14 (c) The court may not waive payment of the assessment required under this section.
2.15Upon a showing of indigency or undue hardship upon the convicted person or the
2.16convicted person's immediate family, the sentencing court may authorize payment of
2.17the assessment in installments.
2.18 (d) The court administrator or other entity collecting an assessment shall forward it
2.19to the commissioner of management and budget who shall deposit it into the spinal cord
2.20injury and traumatic brain injury research account described in section 145.999.
2.21 (e) If the convicted person is sentenced to incarceration and has not paid the
2.22assessment before the term of incarceration begins, the chief executive officer of the
2.23correctional facility in which the convicted person is incarcerated shall collect the
2.24assessment from any earnings the inmate accrues from work performed in the facility
2.25or while on conditional release. The chief executive officer shall forward the amount
2.26collected to the court administrator or other entity collecting the assessment imposed by
2.27the court.
2.28EFFECTIVE DATE.This section is effective July 1, 2012, and applies to crimes
2.29committed on or after that date.
2.30 Sec. 3. APPROPRIATION.
2.31$....... is appropriated from the spinal cord injury and traumatic brain injury research
2.32account in the special revenue fund to the commissioner of health for the fiscal year ending
2.33June 30, 2013, to make the grants authorized in Minnesota Statutes, section 145.999.
