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SF 562

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to civil liability; limiting admission of criminal history evidence in
actions against private employers; proposing coding for new law in Minnesota
Statutes, chapter 181.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [181.986] EMPLOYMENT OF INDIVIDUAL WITH CRIMINAL
HISTORY RECORD; LIMITATION ON ADMISSIBILITY OF EVIDENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Limitation on admissibility of criminal history. new text end

new text begin A criminal history
record of an employee or former employee may not be introduced as evidence in a civil
action against a private employer or its employees or agents, if:
new text end

new text begin (1) the duties of the position of employment did not expose members of the public to
a greater degree of risk than that created by the employee or former employee interacting
with the public outside of the duties of the position or that might be created by being
employed in general;
new text end

new text begin (2) before the occurrence of the act giving rise to the civil action, the employee or
former employee provided the employer with evidence of sufficient rehabilitation to
safely perform the duties of the position;
new text end

new text begin (3) before the occurrence of the act giving rise to the civil action, a court order sealed
any record of the criminal case or the employee or former employee received a certificate
of rehabilitation or good conduct from this or another state; or
new text end

new text begin (4) the record is of an arrest or charge that was not still pending final disposition and
did not lead to a conviction or was dismissed before the occurrence of the act giving rise
to the civil action.
new text end

new text begin Subd. 2. new text end

new text begin Evidence of rehabilitation. new text end

new text begin In determining if an individual has shown
evidence of sufficient rehabilitation, the employer may consider:
new text end

new text begin (1) the nature and seriousness of the crime;
new text end

new text begin (2) all circumstances relative to the crime, including mitigating circumstances
surrounding the commission of the crime;
new text end

new text begin (3) the age of the person at the time the crime was committed;
new text end

new text begin (4) the length of time elapsed since the crime was committed;
new text end

new text begin (5) the completion of sentence;
new text end

new text begin (6) the completion of relevant treatment programs;
new text end

new text begin (7) subsequent work or educational experience and military or national service; and
new text end

new text begin (8) other competent evidence of rehabilitation and fitness presented.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions; no additional duty created. new text end

new text begin (a) This section does not
relieve an employer from a duty that is created by statute to conduct a criminal history
background investigation or consider criminal history records in hiring.
new text end

new text begin (b) This section does not create a duty on the part of an employer greater than any
duty established under other law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
actions commenced on or after that date.
new text end