as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am
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:
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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:
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(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;
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(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;
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(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
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(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.
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In determining if an individual has shown
evidence of sufficient rehabilitation, the employer may consider:
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(1) the nature and seriousness of the crime;
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(2) all circumstances relative to the crime, including mitigating circumstances
surrounding the commission of the crime;
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(3) the age of the person at the time the crime was committed;
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(4) the length of time elapsed since the crime was committed;
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(5) the completion of sentence;
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(6) the completion of relevant treatment programs;
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(7) subsequent work or educational experience and military or national service; and
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(8) other competent evidence of rehabilitation and fitness presented.
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(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.
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(b) This section does not create a duty on the part of an employer greater than any
duty established under other law.
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This section is effective August 1, 2009, and applies to
actions commenced on or after that date.
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