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OFFICE OF APPELLATE COURTS

STATE OF MINNESOTA

JAN 1 3 201%

IN SUPREME COURT
ADM10-8049 (formerly C1-84-2137) PROMULGATION OF AMENDMENTS TO THE RULES OF CRIMINAL PROCEDURE RELATING TO USE OF A STATEWIDE UNIFORM CITATION

ORDER

In an Order dated September 30,2010, we noted that over one million citations are
filed in Minnesota courts each year. We also noted that in Much 2010, a workgroup of stakeholders in the criminal justice system, coordinated by the Bureau of Criminal Apprehension, issued a report recommending creation of a uniform statewide citation standard. Report to the Commissioner of Public Safety & the Chief Justice of the Minnesota Supreme Court: Recommendation for a Statewide Citation Standard (March 2010) (BCA Report). We agreed with the conclusion in the BCA Report that "[s]tandardization is important to ensure that the appropriate and correct information on the citation is communicated to the defendant, that law enforcement officers are comfortable in the information they are communicating, and that State Courts can efficiently and accurately enter information into MNCIS." Id. Because we concluded that the criminal justice system would benefit by having a statewide uniform citation, we asked the Advisory Committee on Rules sf Criminal Procedure to advise us as to how the Minnesota Rules of Criminal Procedure could be amended to mandate the use of a statewide uniform citation. The Advisory Committee submitted proposed amendments in a letter report dated August 12, 2010. The Committee also advised the Court that although the Commissioner of Public Safety has authority under Minn. Stat. 5 169.99, subd. 2, to prescribe the form of the uniform traffic ticket, this authority: (1) is limited to the form of the citation issued for traffic offenses under Minn. Stat. ch. 169; (2) does not bind law enforcement in cities of the first class;

and (3) does not establish the forin of the citation issued for criininal or Department of Natural Resources offenses established in chapters outside of chapter 169. We then published the proposed ainendinents and set a November 29, 2010 deadline for written coininents to be subinitted. The Court received one public coininent, froin the State Court Administrator, requesting additional ainendinents to Minn. R. Criin. P. 23 to eliminate a conflict created by the definition proposed by the Coininittee for the term "violations bureau" and existing language in Minn. R. Criin. P. 23.03, subds. 4 and
5 . The Court has reviewed the proposed ainendinents and submitted coininent, and is

fully advised in the premises. NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The attached amendments to the Minnesota Rules of Criminal Procedure

are prescribed and proinulgated for the regulation of practice and procedure in criininal matters in the courts of the State of Minnesota to be effective January 1, 2012. 2. Minnesota Statutes

$5

84.0835, subd. 2(2), 169.99, subds. 2 and 3, and

484.91, subd. 3 (2010) are superseded to the extent that they conflict with these ainendinents. 3. The inclusion of Advisory Coininittee coininents is made for convenience

and does not reflect court approval of the comments.

Dated: January 13, 20 1 1

BY THE COURT:

Chief Justice

AMENDMENTS TO THE RULES OF CRIMINAL PROCEDURE In the following amendments, deletions are indicated by a line drawn through the words and additions by a line drawn under the words. 1. Amend Rule 1.04 as follows: Rule 1.04 Definitions. As used in these rules, the following terins have the meanings given. (a) Misdeineanor. Unless these rules direct otherwise, "inisdeineanor3)'
&ese rules, includes state statutes, local ordinances, charter provisions, or rules or

regulations punishable inore than 90 days.

-

either alone or alternatively - by a fine or iinprisoninent of not

A -, t , "designated gross (b) Designated Gross Misdemeanor. 4,s u s e d in misdemeanor" is a gross inisdemeanor charged or punishable under Minnesota Statutes, sections 16914.20, 169A.25, 169A.26, or 171.24.
"tab charge" is a brief statement of the (c) Tab Charge. 4,s u s e d in these rules' A charge entered in the record by the court administrator that includes a reference to the statute, rule, regulation, ordinance, or other provision of law the defendant is alleged to i n have violated. A tab charge is not synonyinous with "citation" as defined w paragraph (e).

(d) Aggravated Sentence. 4 , s u s e d in these :llles-An ,"aggravated sentence" is a sentence that is an upward durational or dispositional departure froin the presuinptive sentence provided for in the Minnesota Sentencing Guidelines based on aggravating circumstances or a statutory sentencing enhancement. (e) Citation. A "citation" is a charging document issued under Rule 6. The citation inay be filed in paper forin or by electronic means.
Jf') Electronic Citation.

An "electronic citation" is a citation transmitted to the

court by electronic means. Violations Bureau. "Violations bureau" refers to court staff who process citations. A violations bureau inay consist of one or inore einployees within a single court location, a dedicated court division, or the Minnesota Court Payment Center implemented and operated by the State Court Administrator.
)

2. Amend Rule 6.011, subd. 4 as follows:

Subd. 4. Form of Citation.

(a) General Form. Any citation, including an electronic citation, filed or e-filed with the court must be in a forin prescribed by this rule and approved by the State Court Administrator and the Com~nissioner of Public Safety, who shall, to the extent practicable, include in the citation the inforination required by Minnesota Statutes, section 169.99, subds. 1, la, lb, and lc, and Minnesota Statutes, section 97A.211, subd. 1. The citation must contain the suininons and complaint, and inust direct the defendant to appear at a designated tiine and place;

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feidmtor to contact the court or violations bureau to

schedule an appearance. (b) Notices Regarding Failure to Appear. The citation must state that failure to appear or contact the court or violations bureau as directed inay result in the issuance of a warrant. A sulninons or warrant issued after failure to respond to a citation inay be based on sworn facts establishing probable cause contained in or with the citation and attached to the complaint.
- failure to appear when the offense is The citation must contain notice regarding a petty inisdeineanor as required in Minnesota Statutes, sections 169.99, subd. l(b), and 609.49 1, subd. 1.

(c) Notice Regarding Fine Payment. The citation must contain the notice regarding fine payment and waiver of rights in Rule 23.03, subd. 3. (d) Electronic Citation. If the defendant is charged by electronic citation, the defendant inust be issued a copy of the citation. This copy must include: (1) the directive to appear or contact the court or violations bureau in paragraph (a); and (2) the notices in paragraphs (b) and (c).

3. Amend the second paragraph and add new third and fourth paragraphs to the comments to Rule 6 as follows: The _ttuniform trafJic ticket: my-keas defined in Minn. Stat. .$ 169.99 is used to issue a citation under Rule 6-8-1.. &i%we&aC'n)% The citation is used to charge not only traffic offenses under Minnesota Statutes Chapter 169, but also criminal or o f Natural Resources (DNR) offenses defined in other chapters. The State Department

Court Administrator and the Commissioner o f Public Safety determine the required content o f the citation in consultation with the courts, law enforcement, and other affected agencies, includinz the DNR. Rule 6.01, subd. 4(b) reiterates that the citation must contain the statutorily required notice that failure to appear for a petty misdemeanor offense results in a conviction. As stated in the rule, the citation must direct the defendant to either a-p-pear or contact the court by a particular date. This means a conviction will be entered under the statutory process: ( I ) i f the defendant-fails to appear on the scheduled court date; (2) if the defendant fails to pay the -fine or otherwise contact the court by the scheduled deadline; or (3) i f the defendant requests an initial hearing on the citation but then fails to appear for it. The statutory conviction procedure is not a-p-plicable, however, i f the defendant invokes the process available in the Rules o f Criminal Procedure by making an - for a subsequent hearing. See State v. Haney, initial appearance but then fails to appear 600 N. W 2 d 469 (Minn. Ct. App. 1999) and Judicial Council Policy 515, Petty Misdemeanor Failure to Appear. Rule 6.01, subd. 4(d) sets forth the content that must be included on the defendant's copy o f an electronic citation. The defendant's copy o f a paper citation typically contains additional information such as court contact information, payment methods, and collateral consequences. Since the Rules do not specifically require this infornzation to be on the citation, when the defendant is issued an electronic citation, the additional information could be given to the defendant b y other means such as directin2 the defendant to a website or providing - a separate information sheet.

4. Amend Rule 23.03 as follows: Rule 23.03 Violations Bureaus Subd. 1. Establishment. The district court may establish -implement and operate violations bureaus. The State Court Administrator may implement and operate the Minnesota Court Payment Center. Subd. 2. Fine Schedules. (1) Uniforin Fine Schedule. The Judicial Council must adopt and, as necessary, revise a uniform fine schedule setting fines for statutory petty misdeineanors and for statutory misdemeanors as it selects. The uniform fine schedule is applicable statewide.
(2) County Fine Schedules. QE estabklwmct sf a a u , theEach district establish by court rule; for each county, a fine for any court &may -ordinance that may be paid to the violations bureau in lieu of a court

appearance by the defendant. When an ordinance offense is substantially the same as an offense included on the uniform fine schedule, the fine established must be the same.
Subd. 3. Fine Payment. A defendant inust be advised in writing before paying a fine to a violations bureau that payment constitutes a plea of guilty to the charge and an admission that the defendant understands and waives the right to:

a. a court or jury trial; b. counsel; c. be presumed innocent until proven guilty beyond a reasonable doubt; d. confront and cross-examine all witnesses; and e. to remain silent or to testify for the defense.



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