HF 142

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; expanding the definition of 
  1.3             "subsequent controlled substance conviction" to 
  1.4             include convictions subsequent to a stay of 
  1.5             adjudication for a controlled substance crime; 
  1.6             amending Minnesota Statutes 1998, section 152.01, 
  1.7             subdivision 16a. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 152.01, 
  1.10  subdivision 16a, is amended to read: 
  1.11     Subd. 16a.  [SUBSEQUENT CONTROLLED SUBSTANCE CONVICTION.] 
  1.12  "Subsequent controlled substance conviction" means that before 
  1.13  commission of the offense for which the person is convicted 
  1.14  under this chapter, the person received a disposition under 
  1.15  section 152.18, subdivision 1, was convicted in Minnesota of a 
  1.16  felony violation of this chapter or a felony-level attempt or 
  1.17  conspiracy to violate this chapter, or was convicted elsewhere 
  1.18  for conduct that would have been a felony under this chapter if 
  1.19  committed in Minnesota.  An earlier disposition under section 
  1.20  152.18, subdivision 1, or an earlier conviction is not relevant 
  1.21  if ten years have elapsed since:  (1) the person was restored to 
  1.22  civil rights; or (2) the sentence has expired, whichever occurs 
  1.23  first. 
  1.24     Sec. 2.  [EFFECTIVE DATE.] 
  1.25     Section 1 is effective August 1, 1999, and applies to 
  1.26  crimes committed on or after that date.