HF 62

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 06:35pm

A bill for an act
relating to public safety; reducing drive-by shooting felony conviction from
permanent disqualification for an individual who has direct contact with persons
receiving services to 15-year disqualification; amending Minnesota Statutes 2019
Supplement, section 245C.15, subdivision 1.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 245C.15, subdivision 1, is amended
to read:

Subdivision 1.

Permanent disqualification.

(a) An individual is disqualified under
section 245C.14 if: (1) regardless of how much time has passed since the discharge of the
sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless of
the level of the offense, the individual has committed any of the following offenses: sections
243.166 (violation of predatory offender registration law); 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); a felony
offense under 609.221 or 609.222 (assault in the first or second degree); a felony offense
under sections 609.2242 and 609.2243 (domestic assault), spousal abuse, child abuse or
neglect, or a crime against children; 609.2247 (domestic assault by strangulation); 609.228
(great bodily harm caused by distribution of drugs); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder
of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third
degree); 609.322 (solicitation, inducement, and promotion of prostitution); 609.324,
subdivision 1 (other prohibited acts); 609.342 (criminal sexual conduct in the first degree);
609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct
in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451
(criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct);
609.352 (solicitation of children to engage in sexual conduct); 609.365 (incest); a felony
offense under 609.377 (malicious punishment of a child); a felony offense under 609.378
(neglect or endangerment of a child); 609.561 (arson in the first degree); deleted text begin 609.66, subdivision
1e (drive-by shooting); deleted text end 609.749, subdivision 3, 4, or 5 (felony-level harassment or stalking);
609.855, subdivision 5 (shooting at or in a public transit vehicle or facility); 617.23,
subdivision 2, clause (1), or subdivision 3, clause (1) (indecent exposure involving a minor);
617.246 (use of minors in sexual performance prohibited); 617.247 (possession of pictorial
representations of minors); or, for a child care background study subject, conviction of a
crime that would make the individual ineligible for employment under United States Code,
title 42, section 9858f, except for a felony drug conviction, regardless of whether a period
of disqualification under subdivisions 2 to 4, would apply if the individual were not a child
care background study subject.

(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes,
permanently disqualifies the individual under section 245C.14.

(c) An individual's offense in any other state or country, where the elements of the offense
are substantially similar to any of the offenses listed in paragraph (a), permanently disqualifies
the individual under section 245C.14.

(d) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

(e) If the individual studied commits one of the offenses listed in paragraph (a) that is
specified as a felony-level only offense, but the sentence or level of offense is a gross
misdemeanor or misdemeanor, the individual is disqualified, but the disqualification
look-back period for the offense is the period applicable to gross misdemeanor or
misdemeanor offenses.

(f) A child care background study subject shall be disqualified if the individual is
registered, or required to be registered, on a state sex offender registry or repository or the
National Sex Offender Registry.