1.1.................... moves to amend H.F. No. 988 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 609.131, subdivision 1, is amended to
1.5    Subdivision 1. General rule. Except as provided in subdivision 2, an alleged
1.6misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney
1.7believes that it is in the interest of justice that the defendant not be imprisoned if convicted
1.8and certifies that belief to the court at or before the time of arraignment or pretrial hearing,
1.9and the court approves of the certification motion. Prior to the appointment of a public
1.10defender to represent a defendant charged with a misdemeanor, the court shall inquire of
1.11the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor.
1.12The defendant's consent to the certification is not required. When an offense is certified
1.13as a petty misdemeanor under this section, the defendant's eligibility for court-appointed
1.14counsel must be evaluated as though the offense were a misdemeanor defendant is not
1.15eligible for the appointment of a public defender.

1.16    Sec. 2. Minnesota Statutes 2010, section 611.16, is amended to read:
1.18Any person described in section 611.14 or any other person entitled by law to
1.19representation by counsel, may at any time request the court in which the matter is pending,
1.20or the court in which the conviction occurred, to appoint a public defender to represent the
1.21person. In a proceeding defined by clause (2) of section 611.14, clause (2), application for
1.22the appointment of a public defender may also be made to a judge of the Supreme Court.

1.23    Sec. 3. Minnesota Statutes 2010, section 611.17, is amended to read:
2.3    (a) Each judicial district must screen requests for representation by the district public
2.4defender. A defendant is financially unable to obtain counsel if:
2.5    (1) the defendant, or any dependent of the defendant who resides in the same
2.6household as the defendant, receives means-tested governmental benefits; or is charged
2.7with a misdemeanor and has an annual household income not greater than 125 percent of
2.8the poverty guidelines updated periodically in the Federal Register by the United States
2.9Department of Health and Human Services under the authority of United States Code,
2.10title 42, section 9902(2);
2.11(2) the defendant is charged with a gross misdemeanor and has an annual household
2.12income not greater than 150 percent of the poverty guidelines updated periodically in the
2.13Federal Register by the United States Department of Health and Human Services under
2.14the authority of United States Code, title 42, section 9902(2);
2.15(3) the defendant is charged with a felony and has an annual household income not
2.16greater than 175 percent of the poverty guidelines updated periodically in the Federal
2.17Register by the United States Department of Health and Human Services under the
2.18authority of United States Code, title 42, section 9902(2); or
2.19    (2) (4) the court determines that the defendant, through any combination of liquid
2.20assets and current income, would be unable to pay the reasonable costs charged by private
2.21counsel in that judicial district for a defense of the same matter.
2.22    (b) Upon a request for the appointment of counsel, the court shall make an
2.23appropriate inquiry into the determination of financial circumstances eligibility under
2.24paragraph (a) of the applicant, who shall submit a financial statement under oath or
2.25affirmation setting forth the applicant's assets and liabilities, including the value of any
2.26real property owned by the applicant, whether homestead or otherwise, less the amount of
2.27any encumbrances on the real property, the source or sources of income, and any other
2.28information required by the court. The applicant shall be under a continuing duty while
2.29represented by a public defender to disclose any changes in the applicant's financial
2.30circumstances that might be relevant to the applicant's eligibility for a public defender.
2.31The state public defender shall furnish appropriate forms for the financial statements,
2.32which must be used by the district courts throughout the state. The forms must contain
2.33conspicuous notice of the applicant's continuing duty to disclose to the court changes in
2.34the applicant's financial circumstances. The forms must also contain conspicuous notice
2.35of the applicant's obligation to make a co-payment for the services of the district public
2.36defender, as specified under paragraph (c). The information contained in the statement
3.1shall be confidential and for the exclusive use of the court and the public defender
3.2appointed by the court to represent the applicant except for any prosecution under
3.3section 609.48. A refusal to execute the financial statement or produce financial records
3.4constitutes a waiver of the right to the appointment of a public defender. The court shall
3.5not appoint a district public defender to a defendant who is financially able to retain
3.6private counsel but refuses to do so.
3.7    An inquiry to determine financial eligibility of a defendant for the appointment of
3.8the district public defender shall be made whenever possible prior to the court appearance
3.9and by such persons as the court may direct. This inquiry may be combined with the
3.10prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
3.11subdivision 3. In no case shall the district public defender be required to perform this
3.12inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
3.13conduct a financial inquiry. The inquiry must include the following:
3.14    (1) the liquidity of real estate assets, including the defendant's homestead;
3.15    (2) any assets that can be readily converted to cash or used to secure a debt;
3.16    (3) the determination of whether the transfer of an asset is voidable as a fraudulent
3.17conveyance; and
3.18    (4) the value of all property transfers occurring on or after the date of the alleged
3.19offense. The burden is on the accused to show that the accused is financially unable
3.20to afford counsel. Defendants who fail to provide information necessary to determine
3.21eligibility shall be deemed ineligible. The court must not appoint the district public
3.22defender as advisory counsel.
3.23    (c) Upon disposition of the case, an individual who has received public defender
3.24services shall pay to the court a $75 co-payment for representation provided by a public
3.25defender, unless the co-payment is, or has been, reduced in part or waived by the court.
3.26    The co-payment must be credited to the general fund. If a term of probation is
3.27imposed as a part of an offender's sentence, the co-payment required by this section must
3.28not be made a condition of probation. The co-payment required by this section is a civil
3.29obligation and must not be made a condition of a criminal sentence.
3.30(d) The court shall not appoint a public defender to a defendant who is financially
3.31able to retain counsel but refuses to do so, refuses to execute the financial statement or
3.32refuses to provide information necessary to determine financial eligibility under this
3.33section, or waives appointment of a public defender under section 611.19.

3.34    Sec. 4. Minnesota Statutes 2010, section 611.18, is amended to read:
4.1If it appears to a court that a person requesting the appointment of counsel satisfies
4.2the requirements of this chapter, the court shall order the appropriate public defender to
4.3represent the person at all further stages of the proceeding through appeal, if any. For a
4.4person appealing from a conviction, or a person pursuing a postconviction proceeding
4.5and who has not already had a direct appeal of the conviction, according to the standards
4.6of sections 611.14, clause (2), and 611.25, subdivision 1, paragraph (a), clause (2), the
4.7state chief appellate public defender shall be appointed. For a person covered by section
4.8611.14 , clause (1), a (3), or (4), the chief district public defender shall be appointed to
4.9represent that person. If (a) conflicting interests exist, (b) the district public defender for
4.10any other reason is unable to act, or (c) the interests of justice require, the state public
4.11defender may be ordered to represent a person. When the state public defender is directed
4.12by a court to represent a defendant or other person, the state public defender may assign
4.13the representation to any district public defender. If at any stage of the proceedings,
4.14including an appeal, the court finds that the defendant is financially unable to pay counsel
4.15whom the defendant had retained, the court may appoint the appropriate public defender
4.16to represent the defendant, as provided in this section. Prior to any court appearance, a
4.17public defender may represent a person accused of violating the law, who appears to be
4.18financially unable to obtain counsel, and shall continue to represent the person unless it
4.19is subsequently determined that the person is financially able to obtain counsel. The
4.20representation may be made available at the discretion of the public defender, upon the
4.21request of the person or someone on the person's behalf. Any law enforcement officer may
4.22notify the public defender of the arrest of any such person.

4.23    Sec. 5. Minnesota Statutes 2010, section 611.20, subdivision 3, is amended to read:
4.24    Subd. 3. Reimbursement. In each fiscal year, the commissioner of management
4.25and budget shall deposit the payments in the special revenue fund and credit them to a
4.26separate account with the Board of Public Defense. The amount credited to this account is
4.27appropriated to the Board of Public Defense.
4.28The balance of this account does not cancel but is available until expended.
4.29Expenditures by the board from this account for each judicial district public defense office
4.30must be based on the amount of the payments received by the state from the courts in
4.31each judicial district. A district public defender's office that receives money under this
4.32subdivision shall use the money to supplement office overhead payments to part-time
4.33attorneys providing public defense services in the district. By January 15 of each year,
4.34the Board of Public Defense shall report to the chairs and ranking minority members of
4.35the senate and house of representatives divisions having jurisdiction over criminal justice
5.1funding on the amount appropriated under this subdivision, the number of cases handled
5.2by each district public defender's office, the number of cases in which reimbursements
5.3were ordered, and the average amount of reimbursement ordered, and the average amount
5.4of money received by part-time attorneys under this subdivision.
5.5EFFECTIVE DATE.This section is effective July 1, 2011.

5.6    Sec. 6. Minnesota Statutes 2010, section 611.20, subdivision 4, is amended to read:
5.7    Subd. 4. Employed defendants; ability to pay. (a) A court shall order a defendant
5.8who is employed when a public defender is appointed, or who becomes employed while
5.9represented by a public defender, or who is or becomes able to make partial payments
5.10for counsel, to reimburse the state for the cost of the public defender. If reimbursement
5.11is required under this subdivision, the court shall order the reimbursement when a
5.12public defender is first appointed or as soon as possible after the court determines that
5.13reimbursement is required. The court may accept partial reimbursement from the
5.14defendant if the defendant's financial circumstances warrant a reduced reimbursement
5.15schedule. The court may consider the guidelines in subdivision 6 in determining a
5.16defendant's reimbursement schedule. If a defendant does not agree to make payments,
5.17the court may order the defendant's employer to withhold a percentage of the defendant's
5.18income to be turned over to the court. The percentage to be withheld may be determined
5.19under subdivision 6 In determining the percentage to be withheld, the court shall consider
5.20the income and assets of the defendant based on the financial statement provided by the
5.21defendant when applying for the public defender under section 611.17.
5.22(b) If a court determines under section 611.17 that a defendant is financially unable to
5.23pay the reasonable costs charged by private counsel due to the cost of a private retainer fee,
5.24the court shall evaluate the defendant's ability to make partial payments or reimbursement.

5.25    Sec. 7. Minnesota Statutes 2010, section 611.27, subdivision 1, is amended to read:
5.26    Subdivision 1. County payment responsibility District public defender budget.
5.27(a) A chief district public defender shall annually submit a comprehensive budget to
5.28the state Board of Public Defense. The budget shall be in compliance with standards
5.29and forms required by the board. The chief district public defender shall, at times and
5.30in the form required by the board, submit reports to the board concerning its operations,
5.31including the number of cases handled and funds expended for these services.
5.32(b) Money appropriated to the state Board of Public Defense for the board's
5.33administration, for the state public defender, for the judicial district public defenders,
5.34and for the public defense corporations shall be expended as determined by the board.
6.1In distributing funds to district public defenders, the board shall consider the geographic
6.2distribution of public defenders, the equity of compensation among the judicial districts,
6.3public defender case loads, and the results of the weighted case load study.

6.4    Sec. 8. Minnesota Statutes 2010, section 611.27, subdivision 5, is amended to read:
6.5    Subd. 5. District public defender budgets and county payment responsibility.
6.6The board of public defense may only shall fund all those items and services in necessary
6.7for the district public defender budgets which were included in the original budgets of
6.8district public defender offices as of January 1, 1990. All other public defense related
6.9costs remain the responsibility of the counties unless the state specifically appropriates
6.10for these. The cost of additional state funding of these items and services must be offset
6.11by reductions in local aids in the same manner as the original state takeover. to satisfy
6.12its obligations under this chapter. Except as provided in section 611.26, subdivision 3a,
6.13counties shall not pay and no court shall order any county to pay for representation of
6.14individuals charged with a crime.

6.15    Sec. 9. REPEALER.
6.16Minnesota Statutes 2010, section 611.20, subdivision 6, is repealed."
6.17Amend the title accordingly