HF1295 (Legislative Session 94 (2025-2026))

Children's advocacy centers included as a victim assistance program entitled to a portion of certain fines.

Related bill: SF2299

AI Generated Summary

Purpose

This bill changes how fines from certain crimes are used by funding local victim assistance services. It requires courts to impose a minimum fine and directs most of that money to programs that help crime victims in the county where the crime happened. It also expands which programs can receive these funds, including children's advocacy centers.

Main Provisions

  • Minimum fine for certain offenses: When a court sentences someone for listed crimes, the court must impose a fine equal to at least 30% of the maximum fine allowed by law (and not more than the maximum). This is in addition to any other penalties.
  • How the fines are split:
    • 70% goes to a local victim assistance program serving the county where the crime occurred.
    • 30% goes to the commissioner of management and budget to be credited to the general fund.
  • If multiple victim assistance programs serve the county, the court may choose which program receives the funds on a case-by-case basis, using factors like the crime’s nature, the types of victims served, and each program’s funding needs.
  • If no victim assistance program serves the county, 100% goes to the general fund.
  • Use of funds: Local victim assistance programs must use the money to provide direct services to crime victims.
  • Additional to other penalties: The minimum fine is in addition to any surcharge or assessment (under another law) and in addition to any imprisonment sentence or restitution.
  • Broad definition of victim assistance programs: The bill defines “victim assistance program” to include victim witness programs in county attorney offices and other programs such as crime victim crisis centers, victim-witness programs, battered women/domestic abuse shelters and non-shelter programs, sexual assault programs, and children's advocacy centers (as defined in another statute).

Key Changes to Law

  • Establishes a statutory 30% minimum fine for a defined set of offenses, with mandatory allocation rules for how the money is distributed.
  • Creates a dedicated flow of funds to local victim services, with a fallback to the state general fund if no local program exists.
  • Explicitly includes children’s advocacy centers as eligible recipients for these funds.
  • Ties funding decisions to specifics of the crime and victim needs, allowing flexibility in distribution.

Implications

  • Increases funding for victim services at the county level, potentially expanding access to direct services for crime victims.
  • Helps ensure a steady stream of money to local programs, rather than relying solely on state funding or voluntary contributions.
  • May influence court sentencing practices by adding a mandatory financial component that must be collected and allocated to victim services.

Relevant Terms - victim assistance program - local victim assistance program - county - county attorney offices - victim witness programs - crime victim crisis centers - battered women domestic abuse shelters - non-shelter programs - sexual assault programs - children's advocacy centers - 260E.02 subdivision 5 - Minnesota Statutes 2024 section 609.101 subdivision 2 - minimum fine - 30 percent - 70 percent - general fund - commissioner of management and budget - direct services to crime victims - surcharge or assessment (section 357.021 subdivision 6) - offenses: 609.221, 609.222, 609.223, 609.2231, 609.224, 609.2242, 609.267, 609.2671, 609.2672, 609.342, 609.343, 609.344, 609.345

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 20, 2025HouseActionCommittee report, to adopt as amended
March 20, 2025HouseActionSecond reading
March 26, 2025HouseActionHouse rule 1.21, placed on Calendar for the Day
March 27, 2025HouseActionThird reading
March 27, 2025HouseActionBill was passed
April 01, 2025SenateActionReceived from House
April 01, 2025SenateActionReceived from House
April 01, 2025SenateActionIntroduction and first reading
April 01, 2025SenateActionIntroduction and first reading
April 01, 2025SenateActionReferred toJudiciary and Public Safety
April 01, 2025SenateActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [
        "Not less than 30 percent of the maximum fine for the listed offenses.",
        "Distribution: 70 percent to a local victim assistance program in the county where the crime occurred; 30 percent to the commissioner of management and budget to be credited to the general fund.",
        "Case-by-case designation among multiple victim assistance programs within the county, considering the crime, victims served, and program needs.",
        "If no victim assistance program serves the county, 100 percent of the proceeds go to the general fund."
      ],
      "removed": [],
      "summary": "Amends Minnesota Statutes 2024, section 609.101, subdivision 2 to establish a new minimum fine regime for certain offenses, setting the minimum at 30% of the maximum fine and outlining how the fine proceeds are distributed.",
      "modified": [
        "Makes the minimum fine additive to any surcharge, assessment, imprisonment, or restitution already required by law."
      ]
    },
    "citation": "609.101",
    "subdivision": "subd. 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 609.221 (along with other listed sections) as being subject to the new minimum-fine regime tied to 609.101 subd. 2.",
      "modified": [
        "Subject to the minimum fines regime established in 609.101, subd. 2."
      ]
    },
    "citation": "609.221",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 609.222 as subject to the new minimum-fine framework linked to 609.101 subd. 2.",
      "modified": [
        "Subject to the minimum fines regime established in 609.101, subd. 2."
      ]
    },
    "citation": "609.222",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 609.223 as subject to the new minimum-fine framework linked to 609.101 subd. 2.",
      "modified": [
        "Subject to the minimum fines regime established in 609.101, subd. 2."
      ]
    },
    "citation": "609.223",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 609.2231 as subject to the minimum-fine framework tied to 609.101 subd. 2.",
      "modified": [
        "Subject to the minimum fines regime established in 609.101, subd. 2."
      ]
    },
    "citation": "609.2231",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 609.224 as subject to the minimum-fine framework linked to 609.101 subd. 2.",
      "modified": [
        "Subject to the minimum fines regime established in 609.101, subd. 2."
      ]
    },
    "citation": "609.224",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 609.2242 as subject to the minimum-fine framework tied to 609.101 subd. 2.",
      "modified": [
        "Subject to the minimum fines regime established in 609.101, subd. 2."
      ]
    },
    "citation": "609.2242",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 609.267 as subject to the minimum-fine framework linked to 609.101 subd. 2.",
      "modified": [
        "Subject to the minimum fines regime established in 609.101, subd. 2."
      ]
    },
    "citation": "609.267",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 609.2671 as subject to the minimum-fine framework tied to 609.101 subd. 2.",
      "modified": [
        "Subject to the minimum fines regime established in 609.101, subd. 2."
      ]
    },
    "citation": "609.2671",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 609.2672 as subject to the minimum-fine framework linked to 609.101 subd. 2.",
      "modified": [
        "Subject to the minimum fines regime established in 609.101, subd. 2."
      ]
    },
    "citation": "609.2672",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 609.342 as subject to the minimum-fine framework tied to 609.101 subd. 2.",
      "modified": [
        "Subject to the minimum fines regime established in 609.101, subd. 2."
      ]
    },
    "citation": "609.342",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 609.343 as subject to the minimum-fine framework linked to 609.101 subd. 2.",
      "modified": [
        "Subject to the minimum fines regime established in 609.101, subd. 2."
      ]
    },
    "citation": "609.343",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 609.344 as subject to the minimum-fine framework tied to 609.101 subd. 2.",
      "modified": [
        "Subject to the minimum fines regime established in 609.101, subd. 2."
      ]
    },
    "citation": "609.344",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 609.345 as subject to the minimum-fine framework linked to 609.101 subd. 2.",
      "modified": [
        "Subject to the minimum fines regime established in 609.101, subd. 2."
      ]
    },
    "citation": "609.345",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill notes that the minimum fine described in 609.101 subd. 2 is in addition to the surcharge or assessment required by section 357.021 subd. 6.",
      "modified": [
        "No modification to 357.021 itself; the minimum fine supplements the surcharge."
      ]
    },
    "citation": "357.021",
    "subdivision": "subd. 6"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill uses the definition of children's advocacy centers as defined in 260E.02 subd. 5 to define eligible 'victim advocacy programs' within the context of the local victim assistance program funding.",
      "modified": [
        "No direct modification to 260E.02 subd. 5; incorporated for definitional purposes in the bill."
      ]
    },
    "citation": "260E.02",
    "subdivision": "subd. 5"
  }
]
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