Bill Text: MN HF1845 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Uniform Collateral Consequences of Conviction Act enacted as proposed for adoption by the National Conference of Commissioners on Uniform State Laws, and other law regarding collateral consequences and the rehabilitation of criminal offenders conformed to the uniform act, rulemaking provided, and money appropriated.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2014-03-19 - Author stricken Drazkowski [HF1845 Detail]
Download: Minnesota-2013-HF1845-Engrossed.html
1.2relating to crime; enacting the Uniform Collateral Consequences of Conviction
1.3Act proposed for adoption by the National Conference of Commissioners on
1.4Uniform State Laws; conforming other law regarding collateral consequences
1.5and the rehabilitation of criminal offenders with the uniform act; providing for
1.6rulemaking; appropriating money;amending Minnesota Statutes 2012, sections
1.7245C.22, by adding a subdivision; 245C.24, by adding a subdivision; 364.07;
1.8611A.06, subdivision 1a; proposing coding for new law in Minnesota Statutes,
1.9chapter 638; repealing Minnesota Statutes 2012, sections 609B.050; 609B.100;
1.10609B.101; 609B.102; 609B.103; 609B.104; 609B.105; 609B.106; 609B.107;
1.11609B.108; 609B.109; 609B.110; 609B.111; 609B.112; 609B.113; 609B.120;
1.12609B.121; 609B.122; 609B.123; 609B.124; 609B.125; 609B.126; 609B.127;
1.13609B.128; 609B.129; 609B.130; 609B.132; 609B.133; 609B.134; 609B.135;
1.14609B.136; 609B.137; 609B.139; 609B.140; 609B.141; 609B.142; 609B.143;
1.15609B.144; 609B.146; 609B.147; 609B.148; 609B.149; 609B.1495; 609B.150;
1.16609B.151; 609B.152; 609B.153; 609B.155; 609B.157; 609B.158; 609B.159;
1.17609B.160; 609B.161; 609B.162; 609B.164; 609B.1645; 609B.165; 609B.168;
1.18609B.170; 609B.171; 609B.172; 609B.173; 609B.174; 609B.175; 609B.176;
1.19609B.177; 609B.179; 609B.180; 609B.181; 609B.183; 609B.184; 609B.185;
1.20609B.187; 609B.188; 609B.189; 609B.191; 609B.192; 609B.193; 609B.194;
1.21609B.195; 609B.200; 609B.201; 609B.202; 609B.203; 609B.205; 609B.206;
1.22609B.216; 609B.231; 609B.235; 609B.237; 609B.241; 609B.245; 609B.255;
1.23609B.262; 609B.263; 609B.265; 609B.271; 609B.273; 609B.275; 609B.277;
1.24609B.301; 609B.310; 609B.311; 609B.312; 609B.320; 609B.321; 609B.330;
1.25609B.331; 609B.332; 609B.333; 609B.340; 609B.341; 609B.342; 609B.343;
1.26609B.344; 609B.345; 609B.400; 609B.405; 609B.410; 609B.415; 609B.425;
1.27609B.430; 609B.435; 609B.445; 609B.450; 609B.455; 609B.460; 609B.465;
1.28609B.500; 609B.505; 609B.510; 609B.515; 609B.518; 609B.520; 609B.525;
1.29609B.530; 609B.535; 609B.540; 609B.545; 609B.600; 609B.610; 609B.611;
1.30609B.612; 609B.613; 609B.614; 609B.615; 609B.700; 609B.710; 609B.720;
1.31609B.721; 609B.722; 609B.723; 609B.724; 609B.725.
1.32BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.3 Section 1. [638.10] SHORT TITLE.
2.4Sections 638.10 to 638.26 may be cited as the "Uniform Collateral Consequences
2.5of Conviction Act."
2.6 Sec. 2. [638.11] DEFINITIONS.
2.7(a) For the purposes of sections 638.10 to 638.26, the terms defined in this section
2.8have the meanings given them.
2.9(b) "Collateral consequence" means a collateral sanction or a disqualification.
2.10(c) "Collateral sanction" means a penalty, disability, or disadvantage, however
2.11denominated, imposed on an individual as a result of the individual's conviction of
2.12an offense which applies by operation of law whether or not the penalty, disability,
2.13or disadvantage is included in the judgment or sentence. The term does not include
2.14imprisonment, probation, parole, supervised release, forfeiture, restitution, fine,
2.15assessment, or costs of prosecution.
2.16(d) "Conviction" or "Convicted" includes a child adjudicated delinquent.
2.17(e) "Decision maker" means the state acting through a department, agency, officer,
2.18or instrumentality, including a political subdivision, educational institution, board, or
2.19commission, or its employees, or a government contractor, including a subcontractor,
2.20made subject to sections 638.10 to 638.26 by contract, other law, or ordinance.
2.21(f) "Disqualification" means a penalty, disability, or disadvantage, however
2.22denominated, that an administrative agency, governmental official, or court in a civil
2.23proceeding is authorized, but not required, to impose on an individual on grounds relating
2.24to the individual's conviction of an offense.
2.25(g) "Offense" means a felony, gross misdemeanor, misdemeanor, or adjudication as
2.26a delinquent under the laws of this state, another state, or the United States.
2.27(h) "Person" means an individual, corporation, business trust, estate, trust,
2.28partnership, limited liability company, association, joint venture, public corporation,
2.29government or governmental subdivision, agency, or instrumentality, or any other legal or
2.30commercial entity.
2.31(i) "State" means a state of the United States, the District of Columbia, Puerto Rico,
2.32the United States Virgin Islands, or any territory or insular possession subject to the
2.33jurisdiction of the United States.
3.1 Sec. 3. [638.12] LIMITATION ON SCOPE.
3.2(a) Sections 638.10 to 638.26 do not provide a basis for:
3.3(1) invalidating a plea, conviction, or sentence;
3.4(2) a cause of action for money damages; or
3.5(3) a claim for relief from or defense to the application of a collateral consequence
3.6based on a failure to comply with section 638.13, 638.14, or 638.15.
3.7(b) Sections 638.10 to 638.26 do not affect:
3.8(1) the duty an individual's attorney owes to the individual;
3.9(2) a claim or right of a victim of an offense; or
3.10(3) a right or remedy under law other than sections 638.10 to 638.26 available
3.11to an individual convicted of an offense.
3.12 Sec. 4. [638.13] IDENTIFICATION, COLLECTION, AND PUBLICATION OF
3.13LAWS REGARDING COLLATERAL CONSEQUENCES.
3.14(a) The revisor of statutes shall:
3.15(1) identify or cause to be identified any provision in this state's constitution,
3.16statutes, and administrative rules which imposes a collateral sanction or authorizes the
3.17imposition of a disqualification, and any provision of law that may afford relief from a
3.18collateral consequence;
3.19(2) in a timely manner after the effective date of sections 638.10 to 638.26, prepare a
3.20collection of citations to, and the text or short descriptions of, the provisions identified
3.21under clause (1); and
3.22(3) annually update the collection in a timely manner after the regular or last special
3.23session of the legislature in a calendar year.
3.24In complying with clauses (1) and (2), the revisor may rely on the study of this state's
3.25collateral sanctions, disqualifications, and relief provisions prepared by the National
3.26Institute of Justice described in section 510 of the Court Security Improvement Act of
3.272007, Public Law 110-177.
3.28(b) The revisor of statutes shall include the following statements or substantially
3.29similar language in a prominent manner at the beginning of the collection required under
3.30paragraph (a):
3.31(1) This collection has not been enacted into law and does not have the force of law.
3.32(2) An error or omission in this collection or in any reference work cited in this
3.33collection is not a reason for invalidating a plea, conviction, or sentence or for not
3.34imposing a collateral sanction or authorizing a disqualification.
4.1(3) The laws of other jurisdictions and local governments which impose additional
4.2collateral sanctions and authorize additional disqualifications are not included in this
4.3collection.
4.4(4) This collection does not include any law or other provision regarding the
4.5imposition of or relief from a collateral sanction or a disqualification enacted or adopted
4.6after (date the collection was prepared or last updated.)
4.7(c) The Office of the Revisor of Statutes shall publish the collection prepared and
4.8updated as required under paragraph (a). If available, it shall publish as part of the
4.9collection, the title and Internet address of the most recent collection of:
4.10(1) the collateral consequences imposed by federal law; and
4.11(2) any provision of federal law that may afford relief from a collateral consequence.
4.12(d) The collection described under paragraph (c) must be available to the public on
4.13the Internet without charge in a reasonable time after it is created or updated.
4.14 Sec. 5. [638.14] NOTICE OF COLLATERAL CONSEQUENCES IN CITATION,
4.15PRETRIAL PROCEEDING, AND AT GUILTY PLEA.
4.16(a) When a peace officer issues a citation to a person for an offense, the officer shall
4.17ensure that the person receives a notice of additional legal consequences substantially
4.18similar to that described in paragraph (b). This requirement may be satisfied by using the
4.19uniform traffic ticket described in section 169.99 or the statewide standard citation if that
4.20document addresses collateral consequences of a criminal conviction.
4.21(b) When an individual receives formal notice that the individual is charged with an
4.22offense, the prosecuting attorney of the county or city in which the individual is charged
4.23shall provide information substantially similar to the following to the individual:
4.25If you plead guilty or are convicted of an offense you may suffer additional legal
4.26consequences beyond jail or prison, probation, periods of parole or supervised release, and
4.27fines. These consequences may include:
4.28(1) being unable to get or keep some licenses, permits, or jobs;
4.29(2) being unable to get or keep benefits such as public housing or education;
4.30(3) receiving a harsher sentence if you are convicted of another offense in the future;
4.31(4) having the government take your property; and
4.32(5) being unable to vote or possess a firearm.
4.33If you are not a United States citizen, a guilty plea or conviction may also result
4.34in your deportation, removal, exclusion from admission to the United States, or denial
4.35of citizenship.
5.1The law may provide ways to obtain some relief from these consequences.
5.2Further information about the consequences of conviction is available on the
5.3Internet at (Internet address of the collection of laws published under section 638.13,
5.4paragraphs (c) and (d).)
5.5(c) Before the court accepts a plea of guilty from an individual, the court shall
5.6confirm that the individual received and understands the notice required by paragraphs (a)
5.7and (b), and had an opportunity to discuss the notice with counsel.
5.8 Sec. 6. [638.15] NOTICE OF COLLATERAL CONSEQUENCES AT
5.9SENTENCING AND UPON RELEASE.
5.10(a) As provided in paragraphs (b) and (c), an individual convicted of an offense
5.11shall be given the following notice:
5.12(1) that collateral consequences may apply because of this conviction;
5.13(2) the Internet address of the collection of laws published under section 638.13,
5.14paragraph (c);
5.15(3) that there may be ways to obtain relief from collateral consequences;
5.16(4) contact information for government or nonprofit agencies, groups, or
5.17organizations, if any, offering assistance to individuals seeking relief from collateral
5.18consequences; and
5.19(5) when an individual convicted of an offense may vote under state law.
5.20(b) The court shall provide the notice in paragraph (a) as a part of sentencing.
5.21(c) If an individual is sentenced to imprisonment or other incarceration, the officer or
5.22agency releasing the individual shall provide the notice in paragraph (a) not more than 30,
5.23and, if practicable, at least ten days before release.
5.24 Sec. 7. [638.16] AUTHORIZATION REQUIRED FOR COLLATERAL
5.25SANCTION; AMBIGUITY.
5.26(a) A collateral sanction may be imposed only by statute or ordinance, or by rule
5.27authorized by law and adopted under chapter 14.
5.28(b) A law creating a collateral consequence that is ambiguous as to whether it
5.29imposes a collateral sanction or authorizes a disqualification must be construed as
5.30authorizing a disqualification.
5.31 Sec. 8. [638.17] DECISION TO DISQUALIFY.
5.32In deciding whether to impose a disqualification, a decision maker shall undertake
5.33an individualized assessment to determine whether the benefit or opportunity at issue shall
6.1be denied the individual. In making that decision, the decision maker may consider,
6.2if substantially related to the benefit or opportunity at issue, the particular facts and
6.3circumstances involved in the offense, and the essential elements of the offense. A
6.4conviction itself may not be considered except as having established the elements of the
6.5offense. The decision maker shall also consider other relevant information including, at a
6.6minimum, the effect on third parties of granting the benefit or opportunity and whether
6.7the individual has been granted relief such as an order of limited relief or a certificate
6.8of restoration of rights.
6.9 Sec. 9. [638.18] EFFECT OF CONVICTION BY ANOTHER STATE OR THE
6.10UNITED STATES; RELIEVED OR PARDONED CONVICTION.
6.11(a) For purposes of authorizing or imposing a collateral consequence in this state,
6.12a conviction of an offense in a court of another state or the United States is deemed a
6.13conviction of the offense in this state with the same elements. If there is no offense in
6.14this state with the same elements, the conviction is deemed a conviction of the most
6.15serious offense in this state which is established by the elements of the offense. A
6.16misdemeanor in the jurisdiction of conviction may not be deemed a felony in this state,
6.17and an offense lesser than a misdemeanor in the jurisdiction of conviction may not be
6.18deemed a conviction of a felony, gross misdemeanor, or misdemeanor in this state.
6.19(b) For purposes of authorizing or imposing a collateral consequence in this state, a
6.20juvenile adjudication in another state or the United States may not be deemed a conviction
6.21of a felony, gross misdemeanor, misdemeanor, or offense lesser than a misdemeanor in
6.22this state, but may be deemed a juvenile adjudication for the delinquent act in this state
6.23with the same elements. If there is no delinquent act in this state with the same elements,
6.24the juvenile adjudication is deemed an adjudication of the most serious delinquent act in
6.25this state which is established by the elements of the offense.
6.26(c) A conviction that is reversed, overturned, or otherwise vacated by a court of
6.27competent jurisdiction of this state, another state, or the United States on grounds other
6.28than rehabilitation or good behavior may not serve as the basis for authorizing or imposing
6.29a collateral consequence in this state.
6.30(d) A pardon issued by another state or the United States has the same effect for
6.31purposes of authorizing, imposing, and relieving a collateral consequence in this state as
6.32it has in the issuing jurisdiction.
6.33(e) A conviction that has been relieved by expungement, sealing, annulment,
6.34set-aside, or vacation by a court of competent jurisdiction of another state or the United
6.35States on grounds of rehabilitation or good behavior, or for which civil rights are restored
7.1pursuant to statute, has the same effect for purposes of authorizing or imposing collateral
7.2consequences in this state as it has in the jurisdiction of conviction. However, this relief or
7.3restoration of civil rights does not relieve collateral consequences applicable under the law
7.4of this state for which relief could not be granted under section 638.21 or for which relief
7.5was expressly withheld by the court order or by the law of the jurisdiction that relieved the
7.6conviction. An individual convicted in another jurisdiction may seek relief under section
7.7638.19 or 638.20 from any collateral consequence for which relief was not granted in the
7.8issuing jurisdiction, other than those listed in section 638.21, and the administrative law
7.9judge shall consider that the conviction was relieved or civil rights restored in deciding
7.10whether to issue an order of limited relief or certificate of restoration of rights.
7.11(f) A charge or prosecution in any jurisdiction which has been finally terminated
7.12without a conviction and imposition of sentence based on participation in a deferred
7.13adjudication or diversion program may not serve as the basis for authorizing or imposing
7.14a collateral consequence in this state. This paragraph does not affect the validity of any
7.15restriction or condition imposed by law as part of participation in the deferred adjudication
7.16or diversion program, before or after the termination of the charge or prosecution.
7.17 Sec. 10. [638.19] ORDER OF LIMITED RELIEF.
7.18(a) The chief administrative law judge shall conduct proceedings, make
7.19determinations, and issue orders on petitions for orders of limited relief filed under this
7.20section.
7.21(b) An individual convicted of an offense may petition for an order of limited relief
7.22from one or more collateral sanctions related to employment, education, housing, public
7.23benefits, or occupational licensing. The petition may be brought before the Office of
7.24Administrative Hearings at any time after sentencing.
7.25(c) Except as otherwise provided in section 638.21, the administrative law judge may
7.26issue an order of limited relief relieving one or more of the collateral sanctions described
7.27in paragraph (b) if, after reviewing the petition, the individual's criminal history, any
7.28filing by a victim under section 638.24 or a prosecutor, and any other relevant evidence,
7.29the administrative law judge finds the individual has established by a preponderance of
7.30the evidence that:
7.31(1) granting the petition will materially assist the individual in obtaining or
7.32maintaining employment, education, housing, public benefits, or occupational licensing;
7.33(2) the individual has substantial need for the relief requested in order to live a
7.34law-abiding life; and
8.1(3) granting the petition would not pose an unreasonable risk to the safety or welfare
8.2of the public or any individual.
8.3(d) Upon the request of an individual convicted of an offense and if the prosecutor
8.4agrees, the sentencing court, at or before sentencing, shall issue an order of limited
8.5relief under this section. The court is not required to issue the order if it determines
8.6that the interests of the public and public safety in not issuing the order outweigh the
8.7disadvantages to the convicted individual in issuing it. When determining whether to
8.8agree to the request of a convicted individual, the prosecutor shall consider the criteria
8.9listed in paragraph (c), clauses (1) to (3).
8.10(e) The order of limited relief must specify:
8.11(1) the collateral sanction from which relief is granted; and
8.12(2) any restriction imposed pursuant to section 638.22, paragraph (a).
8.13(f) An order of limited relief relieves a collateral sanction to the extent provided in
8.14the order.
8.15(g) If a collateral sanction has been relieved pursuant to this section, a decision
8.16maker may consider the conduct underlying a conviction as provided in section 638.17.
8.17(h) An individual bringing a petition under paragraph (b) shall pay a fee as
8.18determined by the Office of Administrative Hearings. This fee may be retained by the
8.19office and used to administer this section.
8.20(i) The limitations described in section 14.03 do not apply to this section.
8.21(j) The filing of a petition under paragraph (b) initiates a contested case under
8.22sections 14.57 to 14.69.
8.23 Sec. 11. [638.20] CERTIFICATE OF RESTORATION OF RIGHTS.
8.24(a) The chief administrative law judge shall conduct proceedings, make
8.25determinations, and issue orders on petitions for certificates of restoration of rights filed
8.26under this section.
8.27(b) An individual convicted of an offense may petition the Office of Administrative
8.28Hearings for a certificate of restoration of rights relieving collateral sanctions not
8.29sooner than five years after the individual's most recent conviction of a felony, gross
8.30misdemeanor, or misdemeanor in any jurisdiction, or not sooner than five years after the
8.31individual's release from confinement pursuant to a criminal sentence in any jurisdiction,
8.32whichever is later.
8.33(c) Except as otherwise provided in section 638.21, the administrative law judge may
8.34issue a certificate of restoration of rights if, after reviewing the petition, the individual's
8.35criminal history, any filing by a victim under section 638.24 or a prosecutor, and any
9.1other relevant evidence, the administrative law judge finds the individual has established
9.2by a preponderance of the evidence that:
9.3(1) the individual is engaged in, or seeking to engage in, a lawful occupation or
9.4activity, including employment, training, education, or rehabilitative programs, or the
9.5individual otherwise has a lawful source of support;
9.6(2) the individual is not in violation of the terms of any criminal sentence, or that
9.7any failure to comply is justified, excused, involuntary, or insubstantial;
9.8(3) a criminal charge is not pending against the individual; and
9.9(4) granting the petition would not pose an unreasonable risk to the safety or welfare
9.10of the public or any individual.
9.11(d) A certificate of restoration of rights must specify any restriction imposed and
9.12collateral sanction from which relief has not been granted under section 638.22, paragraph
9.13(a).
9.14(e) A certificate of restoration of rights relieves all collateral sanctions, except those
9.15listed in section 638.21 and any others specifically excluded in the certificate.
9.16(f) If a collateral sanction has been relieved pursuant to this section, a decision
9.17maker may consider the conduct underlying a conviction as provided in section 638.17.
9.18(g) An individual bringing a petition under paragraph (b) shall pay a fee as
9.19determined by the Office of Administrative Hearings. This fee may be retained by the
9.20office and used to administer this section.
9.21(h) The limitations described in section 14.03 do not apply to this section.
9.22(i) The filing of a petition under paragraph (b) initiates a contested case under
9.23sections 14.57 to 14.69.
9.24 Sec. 12. [638.205] RULES AUTHORIZED.
9.25The Office of Administrative Hearings may adopt rules under chapter 14 to implement
9.26this article, including but not limited to, addressing petitions, including determining an
9.27appropriate fee for the petitioner to bring a petition, and determination, modification, and
9.28revocation of orders of limited relief and certificates of restoration of rights.
9.29 Sec. 13. [638.21] COLLATERAL SANCTIONS NOT SUBJECT TO ORDER OF
9.30LIMITED RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS.
9.31An order of limited relief or certificate of restoration of rights may not be issued to
9.32relieve the following collateral sanctions:
9.33(1) requirements imposed by sections 243.166 and 243.167;
10.1(2) a motor vehicle license suspension, revocation, limitation, or ineligibility for
10.2driving while intoxicated pursuant to section 169A.20, or sections 169.792, 169.797,
10.3169A.52, 169A.54, 171.17, 171.172, 171.173, 171.18, and 171.186, for which restoration
10.4or relief is available pursuant to sections 171.30 and 171.306;
10.5(3) ineligibility for employment pursuant to sections 387.36, 419.06, or other law
10.6restricting employment of convicted individuals by law enforcement agencies, such as the
10.7Department of Corrections, Department of Public Safety, Office of the Attorney General,
10.8sheriff's offices, police departments, and judicial offices; or
10.9(4) eligibility to purchase, possess, use, transfer, or own a firearm.
10.10 Sec. 14. [638.22] ISSUANCE, MODIFICATION, AND REVOCATION OF
10.11ORDER OF LIMITED RELIEF AND CERTIFICATE OF RESTORATION OF
10.12RIGHTS.
10.13(a) When a petition is filed under section 638.19 or 638.20, including a petition for
10.14enlargement of an existing order of limited relief or certificate of restoration of rights, the
10.15administrative law judge shall notify the office that prosecuted the offense giving rise to the
10.16collateral consequence from which relief is sought and, if the conviction was not obtained in
10.17a court of this state, the attorney general. The judge may issue an order or certificate subject
10.18to restriction, condition, or additional requirement. When issuing, denying, modifying, or
10.19revoking an order or certificate, the judge may impose conditions for reapplication.
10.20(b) The judge may restrict or revoke an order of limited relief or certificate of
10.21restoration of rights issued by the Office of Administrative Hearings or an order of limited
10.22relief issued by a court in this state if it finds just cause by a preponderance of the
10.23evidence. Just cause includes subsequent conviction of a felony in this state or of an
10.24offense in another jurisdiction that is deemed a felony in this state under section 638.18,
10.25paragraph (a). An order of restriction or revocation may be issued:
10.26(1) on motion of the judge, the office of the prosecutor that obtained the conviction,
10.27or a government agency designated by that prosecutor;
10.28(2) after notice to the individual and any prosecutor that has appeared in the matter;
10.29and
10.30(3) after a hearing under chapter 14 if requested by the individual or the prosecutor
10.31that made the motion or any prosecutor that has appeared in the matter.
10.32(c) The judge shall order any test, report, investigation, or disclosure by the
10.33individual it reasonably believes necessary to its decision to issue, modify, or revoke an
10.34order of limited relief or certificate of restoration of rights. If there are material disputed
10.35issues of fact or law, the individual and any prosecutor notified under paragraph (a) or
11.1another prosecutorial agency designated by a prosecutor notified under paragraph (a) may
11.2submit evidence and be heard on those issues.
11.3(d) The judge shall maintain a public record of the issuance, modification, and
11.4revocation of orders of limited relief and certificates of restoration of rights. The criminal
11.5history record system of the Bureau of Criminal Apprehension must include issuance,
11.6modification, and revocation of orders and certificates.
11.7(e) The limitations described in section 14.03 do not apply to this section.
11.8 Sec. 15. [638.23] RELIANCE ON ORDER OR CERTIFICATE AS EVIDENCE
11.9OF DUE CARE.
11.10In a judicial or administrative proceeding alleging negligence or other fault, an order
11.11of limited relief or a certificate of restoration of rights may be introduced as evidence of
11.12a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or
11.13program, or otherwise transacting business or engaging in activity with the individual to
11.14whom the order was issued, if the person knew of the order or certificate at the time
11.15of the alleged negligence or other fault.
11.16 Sec. 16. [638.24] VICTIM'S RIGHTS.
11.17(a) A victim of an offense may be present and submit an oral or written statement in
11.18a proceeding for issuance, modification, or revocation of an order of limited relief or a
11.19certificate of restoration of rights.
11.20(b) The prosecutorial office that had jurisdiction over the offense for which the
11.21issuance, modification, or revocation of an order of limited relief under section 638.19, or
11.22a certificate of restoration of rights under section 638.20, is sought shall serve by mail
11.23the petition on any victims of the offense for which the order or certificate is sought who
11.24have requested notice pursuant to section 611A.06. The prosecutorial office's notice to
11.25victims must specifically inform the victim of the victim's right to be present and submit
11.26an oral or written statement at the proceeding.
11.27 Sec. 17. [638.25] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
11.28In applying and construing this uniform act, consideration must be given to the need
11.29to promote uniformity of the law with respect to its subject matter among states that enact it.
11.30 Sec. 18. [638.26] SAVINGS AND TRANSITIONAL PROVISIONS.
12.1(a) Sections 638.10 to 638.26 apply to collateral consequences whenever enacted or
12.2imposed, unless the law creating the collateral consequence expressly states that sections
12.3638.10 to 638.26 do not apply.
12.4(b) Sections 638.10 to 638.26 do not invalidate the imposition of a collateral sanction
12.5on an individual before the effective date of sections 638.10 to 638.26, but a collateral
12.6sanction validly imposed before the effective date of sections 638.10 to 638.26 may be
12.7the subject of relief under these sections.
12.8 Sec. 19. CHANGE TO UNIFORM TRAFFIC TICKET AND STATEWIDE
12.9STANDARD CITATION.
12.10By January 1, 2016, the uniform traffic ticket described in Minnesota Statutes,
12.11section 169.99, and the statewide standard citation must include a notice of additional
12.12legal consequences substantially similar to that described in section 5, paragraph (b). If
12.13this is determined not to be feasible, the ticket and citation must, at a minimum, inform
12.14the offender generally of the issue of potential collateral consequences and provide the
12.15Internet address of the collection of laws published under Minnesota Statutes, section
12.16638.13, paragraphs (c) and (d).
12.17 Sec. 20. APPROPRIATION.
12.18$...... for the fiscal year ending June 30, 2015, is appropriated from the general fund
12.19to the Office of Administrative Hearings to fulfill the office's duties under this article.
12.20 Sec. 21. EFFECTIVE DATE.
12.21(a) Except as provided in paragraph (b), sections 1 to 11 and 13 to 18 are effective
12.22January 1, 2015.
12.23(b) Section 5, paragraph (a), is effective July 1, 2016.
12.24(c) Section 12 is effective the day following final enactment.
12.27 Section 1. Minnesota Statutes 2012, section 245C.22, is amended by adding a
12.28subdivision to read:
12.29 Subd. 4a. Disqualification decisions related to chapter 638. The requirements
12.30regarding a decision to disqualify an individual set forth in section 638.17 are met by the
12.31commissioner when implementing the requirements of this section, and the exclusion
12.32under section 245C.24, subdivision 4a.
13.1 Sec. 2. Minnesota Statutes 2012, section 245C.24, is amended by adding a subdivision
13.2to read:
13.3 Subd. 4a. Disqualification decisions related to chapter 638. (a) Notwithstanding
13.4statutory limits on the commissioner's authority to set aside an individual's disqualification
13.5under this section, the commissioner may consider issuing a set-aside according to section
13.6245C.22 if the disqualified individual has been issued an order of limited relief under
13.7section 638.19 that provides this specific relief, or a certificate of restoration of rights
13.8under section 638.20.
13.9(b) An individual who received a set-aside of a disqualification as a result of
13.10paragraph (a) must immediately inform the commissioner upon restriction or revocation
13.11of an order of limited relief or a certificate of restoration of rights under section 638.22.
13.12(c) Upon receipt of information regarding a restriction or revocation of an order
13.13of limited relief or a certificate of restoration of rights according to section 638.22, the
13.14commissioner shall rescind a set-aside of a disqualification and the individual shall have
13.15the appeal rights stated in section 245C.22, subdivision 6.
13.16 Sec. 3. Minnesota Statutes 2012, section 364.07, is amended to read:
13.17364.07 APPLICATION.
13.18The provisions of sections364.01 to
364.10 shall prevail over any other laws and
13.19rules, except for sections 638.10 to 638.26 and any rules adopted under section 638.22,
13.20which purport to govern the granting, denial, renewal, suspension, or revocation of a
13.21license or the initiation, suspension, or termination of public employment on the grounds
13.22of conviction of a crime or crimes. In deciding to grant, deny, revoke, suspend, or renew a
13.23license, or to deny, suspend, or terminate public employment for a lack of good moral
13.24character or the like, the hiring or licensing authority may consider evidence of conviction
13.25of a crime or crimes but only in the same manner and to the same effect as provided for
13.26in sections364.01 to
364.10 . Nothing in sections
364.01 to
364.10 shall be construed to
13.27otherwise affect relevant proceedings involving the granting, denial, renewal, suspension,
13.28or revocation of a license or the initiation, suspension, or termination of public employment.
13.29 Sec. 4. Minnesota Statutes 2012, section 611A.06, subdivision 1a, is amended to read:
13.30 Subd. 1a. Notice of expungement, order for limited relief, or certificate of
13.31restoration of rights required. The prosecuting authority with jurisdiction over an offense
13.32for which expungement or the issuance, modification, or revocation of an order of limited
13.33relief under section 638.19 or a certificate of restoration of rights under section 638.20 is
13.34being sought shall make a good faith effort to notify a victim that the expungement, order,
14.1or certificate is being sought if: (1) the victim has mailed to the prosecuting authority with
14.2jurisdiction overan the offense for which expungement is being sought a written request
14.3for this notice, or (2) the victim has indicated on a request for noticeof expungement
14.4 submitted under subdivision 1 a desire to be notified in the event the offender seeks an
14.5expungement, order for limited relief, or certificate of restoration of rights for the offense.
14.6A copy of any written request for a notice of expungementrequest, order for limited
14.7relief, or certificate of restoration of rights received by the commissioner of corrections or
14.8other custodial authority shall be forwarded to the prosecutorial authority with jurisdiction
14.9over the offense to which the notice relates. The prosecutorial authority complies with this
14.10section upon mailing a copy ofan expungement the petition relating to the notice to the
14.11address which the victim has most recently provided in writing.
14.12 Sec. 5. REPEALER.
14.13Minnesota Statutes 2012, sections 609B.050; 609B.100; 609B.101; 609B.102;
14.14609B.103; 609B.104; 609B.105; 609B.106; 609B.107; 609B.108; 609B.109; 609B.110;
14.15609B.111; 609B.112; 609B.113; 609B.120; 609B.121; 609B.122; 609B.123; 609B.124;
14.16609B.125; 609B.126; 609B.127; 609B.128; 609B.129; 609B.130; 609B.132; 609B.133;
14.17609B.134; 609B.135; 609B.136; 609B.137; 609B.139; 609B.140; 609B.141; 609B.142;
14.18609B.143; 609B.144; 609B.146; 609B.147; 609B.148; 609B.149; 609B.1495; 609B.150;
14.19609B.151; 609B.152; 609B.153; 609B.155; 609B.157; 609B.158; 609B.159; 609B.160;
14.20609B.161; 609B.162; 609B.164; 609B.1645; 609B.165; 609B.168; 609B.170; 609B.171;
14.21609B.172; 609B.173; 609B.174; 609B.175; 609B.176; 609B.177; 609B.179; 609B.180;
14.22609B.181; 609B.183; 609B.184; 609B.185; 609B.187; 609B.188; 609B.189; 609B.191;
14.23609B.192; 609B.193; 609B.194; 609B.195; 609B.200; 609B.201; 609B.202; 609B.203;
14.24609B.205; 609B.206; 609B.216; 609B.231; 609B.235; 609B.237; 609B.241; 609B.245;
14.25609B.255; 609B.262; 609B.263; 609B.265; 609B.271; 609B.273; 609B.275; 609B.277;
14.26609B.301; 609B.310; 609B.311; 609B.312; 609B.320; 609B.321; 609B.330; 609B.331;
14.27609B.332; 609B.333; 609B.340; 609B.341; 609B.342; 609B.343; 609B.344; 609B.345;
14.28609B.400; 609B.405; 609B.410; 609B.415; 609B.425; 609B.430; 609B.435; 609B.445;
14.29609B.450; 609B.455; 609B.460; 609B.465; 609B.500; 609B.505; 609B.510; 609B.515;
14.30609B.518; 609B.520; 609B.525; 609B.530; 609B.535; 609B.540; 609B.545; 609B.600;
14.31609B.610; 609B.611; 609B.612; 609B.613; 609B.614; 609B.615; 609B.700; 609B.710;
14.32609B.720; 609B.721; 609B.722; 609B.723; 609B.724; and 609B.725, are repealed.
14.33 Sec. 6. EFFECTIVE DATE.
14.34Sections 1 and 2 are effective January 1, 2015.
1.3Act proposed for adoption by the National Conference of Commissioners on
1.4Uniform State Laws; conforming other law regarding collateral consequences
1.5and the rehabilitation of criminal offenders with the uniform act; providing for
1.6rulemaking; appropriating money;amending Minnesota Statutes 2012, sections
1.7245C.22, by adding a subdivision; 245C.24, by adding a subdivision; 364.07;
1.8611A.06, subdivision 1a; proposing coding for new law in Minnesota Statutes,
1.9chapter 638; repealing Minnesota Statutes 2012, sections 609B.050; 609B.100;
1.10609B.101; 609B.102; 609B.103; 609B.104; 609B.105; 609B.106; 609B.107;
1.11609B.108; 609B.109; 609B.110; 609B.111; 609B.112; 609B.113; 609B.120;
1.12609B.121; 609B.122; 609B.123; 609B.124; 609B.125; 609B.126; 609B.127;
1.13609B.128; 609B.129; 609B.130; 609B.132; 609B.133; 609B.134; 609B.135;
1.14609B.136; 609B.137; 609B.139; 609B.140; 609B.141; 609B.142; 609B.143;
1.15609B.144; 609B.146; 609B.147; 609B.148; 609B.149; 609B.1495; 609B.150;
1.16609B.151; 609B.152; 609B.153; 609B.155; 609B.157; 609B.158; 609B.159;
1.17609B.160; 609B.161; 609B.162; 609B.164; 609B.1645; 609B.165; 609B.168;
1.18609B.170; 609B.171; 609B.172; 609B.173; 609B.174; 609B.175; 609B.176;
1.19609B.177; 609B.179; 609B.180; 609B.181; 609B.183; 609B.184; 609B.185;
1.20609B.187; 609B.188; 609B.189; 609B.191; 609B.192; 609B.193; 609B.194;
1.21609B.195; 609B.200; 609B.201; 609B.202; 609B.203; 609B.205; 609B.206;
1.22609B.216; 609B.231; 609B.235; 609B.237; 609B.241; 609B.245; 609B.255;
1.23609B.262; 609B.263; 609B.265; 609B.271; 609B.273; 609B.275; 609B.277;
1.24609B.301; 609B.310; 609B.311; 609B.312; 609B.320; 609B.321; 609B.330;
1.25609B.331; 609B.332; 609B.333; 609B.340; 609B.341; 609B.342; 609B.343;
1.26609B.344; 609B.345; 609B.400; 609B.405; 609B.410; 609B.415; 609B.425;
1.27609B.430; 609B.435; 609B.445; 609B.450; 609B.455; 609B.460; 609B.465;
1.28609B.500; 609B.505; 609B.510; 609B.515; 609B.518; 609B.520; 609B.525;
1.29609B.530; 609B.535; 609B.540; 609B.545; 609B.600; 609B.610; 609B.611;
1.30609B.612; 609B.613; 609B.614; 609B.615; 609B.700; 609B.710; 609B.720;
1.31609B.721; 609B.722; 609B.723; 609B.724; 609B.725.
1.32BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.3 Section 1. [638.10] SHORT TITLE.
2.4Sections 638.10 to 638.26 may be cited as the "Uniform Collateral Consequences
2.5of Conviction Act."
2.6 Sec. 2. [638.11] DEFINITIONS.
2.7(a) For the purposes of sections 638.10 to 638.26, the terms defined in this section
2.8have the meanings given them.
2.9(b) "Collateral consequence" means a collateral sanction or a disqualification.
2.10(c) "Collateral sanction" means a penalty, disability, or disadvantage, however
2.11denominated, imposed on an individual as a result of the individual's conviction of
2.12an offense which applies by operation of law whether or not the penalty, disability,
2.13or disadvantage is included in the judgment or sentence. The term does not include
2.14imprisonment, probation, parole, supervised release, forfeiture, restitution, fine,
2.15assessment, or costs of prosecution.
2.16(d) "Conviction" or "Convicted" includes a child adjudicated delinquent.
2.17(e) "Decision maker" means the state acting through a department, agency, officer,
2.18or instrumentality, including a political subdivision, educational institution, board, or
2.19commission, or its employees, or a government contractor, including a subcontractor,
2.20made subject to sections 638.10 to 638.26 by contract, other law, or ordinance.
2.21(f) "Disqualification" means a penalty, disability, or disadvantage, however
2.22denominated, that an administrative agency, governmental official, or court in a civil
2.23proceeding is authorized, but not required, to impose on an individual on grounds relating
2.24to the individual's conviction of an offense.
2.25(g) "Offense" means a felony, gross misdemeanor, misdemeanor, or adjudication as
2.26a delinquent under the laws of this state, another state, or the United States.
2.27(h) "Person" means an individual, corporation, business trust, estate, trust,
2.28partnership, limited liability company, association, joint venture, public corporation,
2.29government or governmental subdivision, agency, or instrumentality, or any other legal or
2.30commercial entity.
2.31(i) "State" means a state of the United States, the District of Columbia, Puerto Rico,
2.32the United States Virgin Islands, or any territory or insular possession subject to the
2.33jurisdiction of the United States.
3.1 Sec. 3. [638.12] LIMITATION ON SCOPE.
3.2(a) Sections 638.10 to 638.26 do not provide a basis for:
3.3(1) invalidating a plea, conviction, or sentence;
3.4(2) a cause of action for money damages; or
3.5(3) a claim for relief from or defense to the application of a collateral consequence
3.6based on a failure to comply with section 638.13, 638.14, or 638.15.
3.7(b) Sections 638.10 to 638.26 do not affect:
3.8(1) the duty an individual's attorney owes to the individual;
3.9(2) a claim or right of a victim of an offense; or
3.10(3) a right or remedy under law other than sections 638.10 to 638.26 available
3.11to an individual convicted of an offense.
3.12 Sec. 4. [638.13] IDENTIFICATION, COLLECTION, AND PUBLICATION OF
3.13LAWS REGARDING COLLATERAL CONSEQUENCES.
3.14(a) The revisor of statutes shall:
3.15(1) identify or cause to be identified any provision in this state's constitution,
3.16statutes, and administrative rules which imposes a collateral sanction or authorizes the
3.17imposition of a disqualification, and any provision of law that may afford relief from a
3.18collateral consequence;
3.19(2) in a timely manner after the effective date of sections 638.10 to 638.26, prepare a
3.20collection of citations to, and the text or short descriptions of, the provisions identified
3.21under clause (1); and
3.22(3) annually update the collection in a timely manner after the regular or last special
3.23session of the legislature in a calendar year.
3.24In complying with clauses (1) and (2), the revisor may rely on the study of this state's
3.25collateral sanctions, disqualifications, and relief provisions prepared by the National
3.26Institute of Justice described in section 510 of the Court Security Improvement Act of
3.272007, Public Law 110-177.
3.28(b) The revisor of statutes shall include the following statements or substantially
3.29similar language in a prominent manner at the beginning of the collection required under
3.30paragraph (a):
3.31(1) This collection has not been enacted into law and does not have the force of law.
3.32(2) An error or omission in this collection or in any reference work cited in this
3.33collection is not a reason for invalidating a plea, conviction, or sentence or for not
3.34imposing a collateral sanction or authorizing a disqualification.
4.1(3) The laws of other jurisdictions and local governments which impose additional
4.2collateral sanctions and authorize additional disqualifications are not included in this
4.3collection.
4.4(4) This collection does not include any law or other provision regarding the
4.5imposition of or relief from a collateral sanction or a disqualification enacted or adopted
4.6after (date the collection was prepared or last updated.)
4.7(c) The Office of the Revisor of Statutes shall publish the collection prepared and
4.8updated as required under paragraph (a). If available, it shall publish as part of the
4.9collection, the title and Internet address of the most recent collection of:
4.10(1) the collateral consequences imposed by federal law; and
4.11(2) any provision of federal law that may afford relief from a collateral consequence.
4.12(d) The collection described under paragraph (c) must be available to the public on
4.13the Internet without charge in a reasonable time after it is created or updated.
4.14 Sec. 5. [638.14] NOTICE OF COLLATERAL CONSEQUENCES IN CITATION,
4.15PRETRIAL PROCEEDING, AND AT GUILTY PLEA.
4.16(a) When a peace officer issues a citation to a person for an offense, the officer shall
4.17ensure that the person receives a notice of additional legal consequences substantially
4.18similar to that described in paragraph (b). This requirement may be satisfied by using the
4.19uniform traffic ticket described in section 169.99 or the statewide standard citation if that
4.20document addresses collateral consequences of a criminal conviction.
4.21(b) When an individual receives formal notice that the individual is charged with an
4.22offense, the prosecuting attorney of the county or city in which the individual is charged
4.23shall provide information substantially similar to the following to the individual:
4.25If you plead guilty or are convicted of an offense you may suffer additional legal
4.26consequences beyond jail or prison, probation, periods of parole or supervised release, and
4.27fines. These consequences may include:
4.28(1) being unable to get or keep some licenses, permits, or jobs;
4.29(2) being unable to get or keep benefits such as public housing or education;
4.30(3) receiving a harsher sentence if you are convicted of another offense in the future;
4.31(4) having the government take your property; and
4.32(5) being unable to vote or possess a firearm.
4.33If you are not a United States citizen, a guilty plea or conviction may also result
4.34in your deportation, removal, exclusion from admission to the United States, or denial
4.35of citizenship.
5.1The law may provide ways to obtain some relief from these consequences.
5.2Further information about the consequences of conviction is available on the
5.3Internet at (Internet address of the collection of laws published under section 638.13,
5.4paragraphs (c) and (d).)
5.5(c) Before the court accepts a plea of guilty from an individual, the court shall
5.6confirm that the individual received and understands the notice required by paragraphs (a)
5.7and (b), and had an opportunity to discuss the notice with counsel.
5.8 Sec. 6. [638.15] NOTICE OF COLLATERAL CONSEQUENCES AT
5.9SENTENCING AND UPON RELEASE.
5.10(a) As provided in paragraphs (b) and (c), an individual convicted of an offense
5.11shall be given the following notice:
5.12(1) that collateral consequences may apply because of this conviction;
5.13(2) the Internet address of the collection of laws published under section 638.13,
5.14paragraph (c);
5.15(3) that there may be ways to obtain relief from collateral consequences;
5.16(4) contact information for government or nonprofit agencies, groups, or
5.17organizations, if any, offering assistance to individuals seeking relief from collateral
5.18consequences; and
5.19(5) when an individual convicted of an offense may vote under state law.
5.20(b) The court shall provide the notice in paragraph (a) as a part of sentencing.
5.21(c) If an individual is sentenced to imprisonment or other incarceration, the officer or
5.22agency releasing the individual shall provide the notice in paragraph (a) not more than 30,
5.23and, if practicable, at least ten days before release.
5.24 Sec. 7. [638.16] AUTHORIZATION REQUIRED FOR COLLATERAL
5.25SANCTION; AMBIGUITY.
5.26(a) A collateral sanction may be imposed only by statute or ordinance, or by rule
5.27authorized by law and adopted under chapter 14.
5.28(b) A law creating a collateral consequence that is ambiguous as to whether it
5.29imposes a collateral sanction or authorizes a disqualification must be construed as
5.30authorizing a disqualification.
5.31 Sec. 8. [638.17] DECISION TO DISQUALIFY.
5.32In deciding whether to impose a disqualification, a decision maker shall undertake
5.33an individualized assessment to determine whether the benefit or opportunity at issue shall
6.1be denied the individual. In making that decision, the decision maker may consider,
6.2if substantially related to the benefit or opportunity at issue, the particular facts and
6.3circumstances involved in the offense, and the essential elements of the offense. A
6.4conviction itself may not be considered except as having established the elements of the
6.5offense. The decision maker shall also consider other relevant information including, at a
6.6minimum, the effect on third parties of granting the benefit or opportunity and whether
6.7the individual has been granted relief such as an order of limited relief or a certificate
6.8of restoration of rights.
6.9 Sec. 9. [638.18] EFFECT OF CONVICTION BY ANOTHER STATE OR THE
6.10UNITED STATES; RELIEVED OR PARDONED CONVICTION.
6.11(a) For purposes of authorizing or imposing a collateral consequence in this state,
6.12a conviction of an offense in a court of another state or the United States is deemed a
6.13conviction of the offense in this state with the same elements. If there is no offense in
6.14this state with the same elements, the conviction is deemed a conviction of the most
6.15serious offense in this state which is established by the elements of the offense. A
6.16misdemeanor in the jurisdiction of conviction may not be deemed a felony in this state,
6.17and an offense lesser than a misdemeanor in the jurisdiction of conviction may not be
6.18deemed a conviction of a felony, gross misdemeanor, or misdemeanor in this state.
6.19(b) For purposes of authorizing or imposing a collateral consequence in this state, a
6.20juvenile adjudication in another state or the United States may not be deemed a conviction
6.21of a felony, gross misdemeanor, misdemeanor, or offense lesser than a misdemeanor in
6.22this state, but may be deemed a juvenile adjudication for the delinquent act in this state
6.23with the same elements. If there is no delinquent act in this state with the same elements,
6.24the juvenile adjudication is deemed an adjudication of the most serious delinquent act in
6.25this state which is established by the elements of the offense.
6.26(c) A conviction that is reversed, overturned, or otherwise vacated by a court of
6.27competent jurisdiction of this state, another state, or the United States on grounds other
6.28than rehabilitation or good behavior may not serve as the basis for authorizing or imposing
6.29a collateral consequence in this state.
6.30(d) A pardon issued by another state or the United States has the same effect for
6.31purposes of authorizing, imposing, and relieving a collateral consequence in this state as
6.32it has in the issuing jurisdiction.
6.33(e) A conviction that has been relieved by expungement, sealing, annulment,
6.34set-aside, or vacation by a court of competent jurisdiction of another state or the United
6.35States on grounds of rehabilitation or good behavior, or for which civil rights are restored
7.1pursuant to statute, has the same effect for purposes of authorizing or imposing collateral
7.2consequences in this state as it has in the jurisdiction of conviction. However, this relief or
7.3restoration of civil rights does not relieve collateral consequences applicable under the law
7.4of this state for which relief could not be granted under section 638.21 or for which relief
7.5was expressly withheld by the court order or by the law of the jurisdiction that relieved the
7.6conviction. An individual convicted in another jurisdiction may seek relief under section
7.7638.19 or 638.20 from any collateral consequence for which relief was not granted in the
7.8issuing jurisdiction, other than those listed in section 638.21, and the administrative law
7.9judge shall consider that the conviction was relieved or civil rights restored in deciding
7.10whether to issue an order of limited relief or certificate of restoration of rights.
7.11(f) A charge or prosecution in any jurisdiction which has been finally terminated
7.12without a conviction and imposition of sentence based on participation in a deferred
7.13adjudication or diversion program may not serve as the basis for authorizing or imposing
7.14a collateral consequence in this state. This paragraph does not affect the validity of any
7.15restriction or condition imposed by law as part of participation in the deferred adjudication
7.16or diversion program, before or after the termination of the charge or prosecution.
7.17 Sec. 10. [638.19] ORDER OF LIMITED RELIEF.
7.18(a) The chief administrative law judge shall conduct proceedings, make
7.19determinations, and issue orders on petitions for orders of limited relief filed under this
7.20section.
7.21(b) An individual convicted of an offense may petition for an order of limited relief
7.22from one or more collateral sanctions related to employment, education, housing, public
7.23benefits, or occupational licensing. The petition may be brought before the Office of
7.24Administrative Hearings at any time after sentencing.
7.25(c) Except as otherwise provided in section 638.21, the administrative law judge may
7.26issue an order of limited relief relieving one or more of the collateral sanctions described
7.27in paragraph (b) if, after reviewing the petition, the individual's criminal history, any
7.28filing by a victim under section 638.24 or a prosecutor, and any other relevant evidence,
7.29the administrative law judge finds the individual has established by a preponderance of
7.30the evidence that:
7.31(1) granting the petition will materially assist the individual in obtaining or
7.32maintaining employment, education, housing, public benefits, or occupational licensing;
7.33(2) the individual has substantial need for the relief requested in order to live a
7.34law-abiding life; and
8.1(3) granting the petition would not pose an unreasonable risk to the safety or welfare
8.2of the public or any individual.
8.3(d) Upon the request of an individual convicted of an offense and if the prosecutor
8.4agrees, the sentencing court, at or before sentencing, shall issue an order of limited
8.5relief under this section. The court is not required to issue the order if it determines
8.6that the interests of the public and public safety in not issuing the order outweigh the
8.7disadvantages to the convicted individual in issuing it. When determining whether to
8.8agree to the request of a convicted individual, the prosecutor shall consider the criteria
8.9listed in paragraph (c), clauses (1) to (3).
8.10(e) The order of limited relief must specify:
8.11(1) the collateral sanction from which relief is granted; and
8.12(2) any restriction imposed pursuant to section 638.22, paragraph (a).
8.13(f) An order of limited relief relieves a collateral sanction to the extent provided in
8.14the order.
8.15(g) If a collateral sanction has been relieved pursuant to this section, a decision
8.16maker may consider the conduct underlying a conviction as provided in section 638.17.
8.17(h) An individual bringing a petition under paragraph (b) shall pay a fee as
8.18determined by the Office of Administrative Hearings. This fee may be retained by the
8.19office and used to administer this section.
8.20(i) The limitations described in section 14.03 do not apply to this section.
8.21(j) The filing of a petition under paragraph (b) initiates a contested case under
8.22sections 14.57 to 14.69.
8.23 Sec. 11. [638.20] CERTIFICATE OF RESTORATION OF RIGHTS.
8.24(a) The chief administrative law judge shall conduct proceedings, make
8.25determinations, and issue orders on petitions for certificates of restoration of rights filed
8.26under this section.
8.27(b) An individual convicted of an offense may petition the Office of Administrative
8.28Hearings for a certificate of restoration of rights relieving collateral sanctions not
8.29sooner than five years after the individual's most recent conviction of a felony, gross
8.30misdemeanor, or misdemeanor in any jurisdiction, or not sooner than five years after the
8.31individual's release from confinement pursuant to a criminal sentence in any jurisdiction,
8.32whichever is later.
8.33(c) Except as otherwise provided in section 638.21, the administrative law judge may
8.34issue a certificate of restoration of rights if, after reviewing the petition, the individual's
8.35criminal history, any filing by a victim under section 638.24 or a prosecutor, and any
9.1other relevant evidence, the administrative law judge finds the individual has established
9.2by a preponderance of the evidence that:
9.3(1) the individual is engaged in, or seeking to engage in, a lawful occupation or
9.4activity, including employment, training, education, or rehabilitative programs, or the
9.5individual otherwise has a lawful source of support;
9.6(2) the individual is not in violation of the terms of any criminal sentence, or that
9.7any failure to comply is justified, excused, involuntary, or insubstantial;
9.8(3) a criminal charge is not pending against the individual; and
9.9(4) granting the petition would not pose an unreasonable risk to the safety or welfare
9.10of the public or any individual.
9.11(d) A certificate of restoration of rights must specify any restriction imposed and
9.12collateral sanction from which relief has not been granted under section 638.22, paragraph
9.13(a).
9.14(e) A certificate of restoration of rights relieves all collateral sanctions, except those
9.15listed in section 638.21 and any others specifically excluded in the certificate.
9.16(f) If a collateral sanction has been relieved pursuant to this section, a decision
9.17maker may consider the conduct underlying a conviction as provided in section 638.17.
9.18(g) An individual bringing a petition under paragraph (b) shall pay a fee as
9.19determined by the Office of Administrative Hearings. This fee may be retained by the
9.20office and used to administer this section.
9.21(h) The limitations described in section 14.03 do not apply to this section.
9.22(i) The filing of a petition under paragraph (b) initiates a contested case under
9.23sections 14.57 to 14.69.
9.24 Sec. 12. [638.205] RULES AUTHORIZED.
9.25The Office of Administrative Hearings may adopt rules under chapter 14 to implement
9.26this article, including but not limited to, addressing petitions, including determining an
9.27appropriate fee for the petitioner to bring a petition, and determination, modification, and
9.28revocation of orders of limited relief and certificates of restoration of rights.
9.29 Sec. 13. [638.21] COLLATERAL SANCTIONS NOT SUBJECT TO ORDER OF
9.30LIMITED RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS.
9.31An order of limited relief or certificate of restoration of rights may not be issued to
9.32relieve the following collateral sanctions:
9.33(1) requirements imposed by sections 243.166 and 243.167;
10.1(2) a motor vehicle license suspension, revocation, limitation, or ineligibility for
10.2driving while intoxicated pursuant to section 169A.20, or sections 169.792, 169.797,
10.3169A.52, 169A.54, 171.17, 171.172, 171.173, 171.18, and 171.186, for which restoration
10.4or relief is available pursuant to sections 171.30 and 171.306;
10.5(3) ineligibility for employment pursuant to sections 387.36, 419.06, or other law
10.6restricting employment of convicted individuals by law enforcement agencies, such as the
10.7Department of Corrections, Department of Public Safety, Office of the Attorney General,
10.8sheriff's offices, police departments, and judicial offices; or
10.9(4) eligibility to purchase, possess, use, transfer, or own a firearm.
10.10 Sec. 14. [638.22] ISSUANCE, MODIFICATION, AND REVOCATION OF
10.11ORDER OF LIMITED RELIEF AND CERTIFICATE OF RESTORATION OF
10.12RIGHTS.
10.13(a) When a petition is filed under section 638.19 or 638.20, including a petition for
10.14enlargement of an existing order of limited relief or certificate of restoration of rights, the
10.15administrative law judge shall notify the office that prosecuted the offense giving rise to the
10.16collateral consequence from which relief is sought and, if the conviction was not obtained in
10.17a court of this state, the attorney general. The judge may issue an order or certificate subject
10.18to restriction, condition, or additional requirement. When issuing, denying, modifying, or
10.19revoking an order or certificate, the judge may impose conditions for reapplication.
10.20(b) The judge may restrict or revoke an order of limited relief or certificate of
10.21restoration of rights issued by the Office of Administrative Hearings or an order of limited
10.22relief issued by a court in this state if it finds just cause by a preponderance of the
10.23evidence. Just cause includes subsequent conviction of a felony in this state or of an
10.24offense in another jurisdiction that is deemed a felony in this state under section 638.18,
10.25paragraph (a). An order of restriction or revocation may be issued:
10.26(1) on motion of the judge, the office of the prosecutor that obtained the conviction,
10.27or a government agency designated by that prosecutor;
10.28(2) after notice to the individual and any prosecutor that has appeared in the matter;
10.29and
10.30(3) after a hearing under chapter 14 if requested by the individual or the prosecutor
10.31that made the motion or any prosecutor that has appeared in the matter.
10.32(c) The judge shall order any test, report, investigation, or disclosure by the
10.33individual it reasonably believes necessary to its decision to issue, modify, or revoke an
10.34order of limited relief or certificate of restoration of rights. If there are material disputed
10.35issues of fact or law, the individual and any prosecutor notified under paragraph (a) or
11.1another prosecutorial agency designated by a prosecutor notified under paragraph (a) may
11.2submit evidence and be heard on those issues.
11.3(d) The judge shall maintain a public record of the issuance, modification, and
11.4revocation of orders of limited relief and certificates of restoration of rights. The criminal
11.5history record system of the Bureau of Criminal Apprehension must include issuance,
11.6modification, and revocation of orders and certificates.
11.7(e) The limitations described in section 14.03 do not apply to this section.
11.8 Sec. 15. [638.23] RELIANCE ON ORDER OR CERTIFICATE AS EVIDENCE
11.9OF DUE CARE.
11.10In a judicial or administrative proceeding alleging negligence or other fault, an order
11.11of limited relief or a certificate of restoration of rights may be introduced as evidence of
11.12a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or
11.13program, or otherwise transacting business or engaging in activity with the individual to
11.14whom the order was issued, if the person knew of the order or certificate at the time
11.15of the alleged negligence or other fault.
11.16 Sec. 16. [638.24] VICTIM'S RIGHTS.
11.17(a) A victim of an offense may be present and submit an oral or written statement in
11.18a proceeding for issuance, modification, or revocation of an order of limited relief or a
11.19certificate of restoration of rights.
11.20(b) The prosecutorial office that had jurisdiction over the offense for which the
11.21issuance, modification, or revocation of an order of limited relief under section 638.19, or
11.22a certificate of restoration of rights under section 638.20, is sought shall serve by mail
11.23the petition on any victims of the offense for which the order or certificate is sought who
11.24have requested notice pursuant to section 611A.06. The prosecutorial office's notice to
11.25victims must specifically inform the victim of the victim's right to be present and submit
11.26an oral or written statement at the proceeding.
11.27 Sec. 17. [638.25] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
11.28In applying and construing this uniform act, consideration must be given to the need
11.29to promote uniformity of the law with respect to its subject matter among states that enact it.
11.30 Sec. 18. [638.26] SAVINGS AND TRANSITIONAL PROVISIONS.
12.1(a) Sections 638.10 to 638.26 apply to collateral consequences whenever enacted or
12.2imposed, unless the law creating the collateral consequence expressly states that sections
12.3638.10 to 638.26 do not apply.
12.4(b) Sections 638.10 to 638.26 do not invalidate the imposition of a collateral sanction
12.5on an individual before the effective date of sections 638.10 to 638.26, but a collateral
12.6sanction validly imposed before the effective date of sections 638.10 to 638.26 may be
12.7the subject of relief under these sections.
12.8 Sec. 19. CHANGE TO UNIFORM TRAFFIC TICKET AND STATEWIDE
12.9STANDARD CITATION.
12.10By January 1, 2016, the uniform traffic ticket described in Minnesota Statutes,
12.11section 169.99, and the statewide standard citation must include a notice of additional
12.12legal consequences substantially similar to that described in section 5, paragraph (b). If
12.13this is determined not to be feasible, the ticket and citation must, at a minimum, inform
12.14the offender generally of the issue of potential collateral consequences and provide the
12.15Internet address of the collection of laws published under Minnesota Statutes, section
12.16638.13, paragraphs (c) and (d).
12.17 Sec. 20. APPROPRIATION.
12.18$...... for the fiscal year ending June 30, 2015, is appropriated from the general fund
12.19to the Office of Administrative Hearings to fulfill the office's duties under this article.
12.20 Sec. 21. EFFECTIVE DATE.
12.21(a) Except as provided in paragraph (b), sections 1 to 11 and 13 to 18 are effective
12.22January 1, 2015.
12.23(b) Section 5, paragraph (a), is effective July 1, 2016.
12.24(c) Section 12 is effective the day following final enactment.
12.27 Section 1. Minnesota Statutes 2012, section 245C.22, is amended by adding a
12.28subdivision to read:
12.29 Subd. 4a. Disqualification decisions related to chapter 638. The requirements
12.30regarding a decision to disqualify an individual set forth in section 638.17 are met by the
12.31commissioner when implementing the requirements of this section, and the exclusion
12.32under section 245C.24, subdivision 4a.
13.1 Sec. 2. Minnesota Statutes 2012, section 245C.24, is amended by adding a subdivision
13.2to read:
13.3 Subd. 4a. Disqualification decisions related to chapter 638. (a) Notwithstanding
13.4statutory limits on the commissioner's authority to set aside an individual's disqualification
13.5under this section, the commissioner may consider issuing a set-aside according to section
13.6245C.22 if the disqualified individual has been issued an order of limited relief under
13.7section 638.19 that provides this specific relief, or a certificate of restoration of rights
13.8under section 638.20.
13.9(b) An individual who received a set-aside of a disqualification as a result of
13.10paragraph (a) must immediately inform the commissioner upon restriction or revocation
13.11of an order of limited relief or a certificate of restoration of rights under section 638.22.
13.12(c) Upon receipt of information regarding a restriction or revocation of an order
13.13of limited relief or a certificate of restoration of rights according to section 638.22, the
13.14commissioner shall rescind a set-aside of a disqualification and the individual shall have
13.15the appeal rights stated in section 245C.22, subdivision 6.
13.16 Sec. 3. Minnesota Statutes 2012, section 364.07, is amended to read:
13.17364.07 APPLICATION.
13.18The provisions of sections
13.19rules, except for sections 638.10 to 638.26 and any rules adopted under section 638.22,
13.20which purport to govern the granting, denial, renewal, suspension, or revocation of a
13.21license or the initiation, suspension, or termination of public employment on the grounds
13.22of conviction of a crime or crimes. In deciding to grant, deny, revoke, suspend, or renew a
13.23license, or to deny, suspend, or terminate public employment for a lack of good moral
13.24character or the like, the hiring or licensing authority may consider evidence of conviction
13.25of a crime or crimes but only in the same manner and to the same effect as provided for
13.26in sections
13.27otherwise affect relevant proceedings involving the granting, denial, renewal, suspension,
13.28or revocation of a license or the initiation, suspension, or termination of public employment.
13.29 Sec. 4. Minnesota Statutes 2012, section 611A.06, subdivision 1a, is amended to read:
13.30 Subd. 1a. Notice of expungement, order for limited relief, or certificate of
13.31restoration of rights required. The prosecuting authority with jurisdiction over an offense
13.32for which expungement or the issuance, modification, or revocation of an order of limited
13.33relief under section 638.19 or a certificate of restoration of rights under section 638.20 is
13.34being sought shall make a good faith effort to notify a victim that the expungement, order,
14.1or certificate is being sought if: (1) the victim has mailed to the prosecuting authority with
14.2jurisdiction over
14.3for this notice, or (2) the victim has indicated on a request for notice
14.4 submitted under subdivision 1 a desire to be notified in the event the offender seeks an
14.5expungement, order for limited relief, or certificate of restoration of rights for the offense.
14.6A copy of any written request for a notice of expungement
14.7relief, or certificate of restoration of rights received by the commissioner of corrections or
14.8other custodial authority shall be forwarded to the prosecutorial authority with jurisdiction
14.9over the offense to which the notice relates. The prosecutorial authority complies with this
14.10section upon mailing a copy of
14.11address which the victim has most recently provided in writing.
14.12 Sec. 5. REPEALER.
14.13Minnesota Statutes 2012, sections 609B.050; 609B.100; 609B.101; 609B.102;
14.14609B.103; 609B.104; 609B.105; 609B.106; 609B.107; 609B.108; 609B.109; 609B.110;
14.15609B.111; 609B.112; 609B.113; 609B.120; 609B.121; 609B.122; 609B.123; 609B.124;
14.16609B.125; 609B.126; 609B.127; 609B.128; 609B.129; 609B.130; 609B.132; 609B.133;
14.17609B.134; 609B.135; 609B.136; 609B.137; 609B.139; 609B.140; 609B.141; 609B.142;
14.18609B.143; 609B.144; 609B.146; 609B.147; 609B.148; 609B.149; 609B.1495; 609B.150;
14.19609B.151; 609B.152; 609B.153; 609B.155; 609B.157; 609B.158; 609B.159; 609B.160;
14.20609B.161; 609B.162; 609B.164; 609B.1645; 609B.165; 609B.168; 609B.170; 609B.171;
14.21609B.172; 609B.173; 609B.174; 609B.175; 609B.176; 609B.177; 609B.179; 609B.180;
14.22609B.181; 609B.183; 609B.184; 609B.185; 609B.187; 609B.188; 609B.189; 609B.191;
14.23609B.192; 609B.193; 609B.194; 609B.195; 609B.200; 609B.201; 609B.202; 609B.203;
14.24609B.205; 609B.206; 609B.216; 609B.231; 609B.235; 609B.237; 609B.241; 609B.245;
14.25609B.255; 609B.262; 609B.263; 609B.265; 609B.271; 609B.273; 609B.275; 609B.277;
14.26609B.301; 609B.310; 609B.311; 609B.312; 609B.320; 609B.321; 609B.330; 609B.331;
14.27609B.332; 609B.333; 609B.340; 609B.341; 609B.342; 609B.343; 609B.344; 609B.345;
14.28609B.400; 609B.405; 609B.410; 609B.415; 609B.425; 609B.430; 609B.435; 609B.445;
14.29609B.450; 609B.455; 609B.460; 609B.465; 609B.500; 609B.505; 609B.510; 609B.515;
14.30609B.518; 609B.520; 609B.525; 609B.530; 609B.535; 609B.540; 609B.545; 609B.600;
14.31609B.610; 609B.611; 609B.612; 609B.613; 609B.614; 609B.615; 609B.700; 609B.710;
14.32609B.720; 609B.721; 609B.722; 609B.723; 609B.724; and 609B.725, are repealed.
14.33 Sec. 6. EFFECTIVE DATE.
14.34Sections 1 and 2 are effective January 1, 2015.
