HF 34

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; controlled substances; limiting the 
  1.3             sentencing court's authority to stay adjudication of a 
  1.4             controlled substance offender's guilt and to expunge 
  1.5             the offender's record upon the successful completion 
  1.6             of treatment and probation; providing that this 
  1.7             procedure applies only to first-time offenders 
  1.8             convicted of a fifth-degree or a nonfelony controlled 
  1.9             substance offense; amending Minnesota Statutes 1994, 
  1.10            section 152.18, subdivision 1. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 152.18, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  If any person is found guilty of a 
  1.15  violation of section 152.024, 152.025, subdivision 2, or 
  1.16  152.027, subdivision 2, 3, or 4, for possession of a controlled 
  1.17  substance, after trial or upon a plea of guilty, and the court 
  1.18  determines that the person has not previously been convicted of 
  1.19  a controlled substance crime under the laws of this state, 
  1.20  another state, or the United States, the court may, without 
  1.21  entering a judgment of guilty and with the consent of the 
  1.22  person, defer further proceedings and place the person on 
  1.23  probation upon such reasonable conditions as it may require and 
  1.24  for a period, not to exceed the maximum sentence provided for 
  1.25  the violation.  The court may give the person the opportunity to 
  1.26  attend and participate in an appropriate program of education 
  1.27  regarding the nature and effects of alcohol and drug abuse as a 
  1.28  stipulation of probation.  Upon violation of a condition of the 
  2.1   probation, the court may enter an adjudication of guilt and 
  2.2   proceed as otherwise provided.  The court may, in its 
  2.3   discretion, dismiss the proceedings against the person and 
  2.4   discharge the person from probation before the expiration of the 
  2.5   maximum period prescribed for the person's probation.  If during 
  2.6   the period of probation the person does not violate any of the 
  2.7   conditions of the probation, then upon expiration of the period 
  2.8   the court shall discharge the person and dismiss the proceedings 
  2.9   against that person.  Discharge and dismissal under this 
  2.10  subdivision shall be without court adjudication of guilt, but a 
  2.11  not public record of it shall be retained by the department of 
  2.12  public safety for the purpose of use by the courts in 
  2.13  determining the merits of subsequent proceedings against the 
  2.14  person.  The not public record may also be opened only upon 
  2.15  court order for purposes of a criminal investigation, 
  2.16  prosecution, or sentencing.  Upon request by law enforcement, 
  2.17  prosecution, or corrections authorities, the department shall 
  2.18  notify the requesting party of the existence of the not public 
  2.19  record and the right to seek a court order to open it pursuant 
  2.20  to this section.  The court shall forward a record of any 
  2.21  discharge and dismissal under this subdivision to the department 
  2.22  of public safety who shall make and maintain the not public 
  2.23  record of it as provided under this subdivision.  The discharge 
  2.24  or dismissal shall not be deemed a conviction for purposes of 
  2.25  disqualifications or disabilities imposed by law upon conviction 
  2.26  of a crime or for any other purpose. 
  2.27     For purposes of this subdivision, "not public" has the 
  2.28  meaning given in section 13.02, subdivision 8a.  
  2.29     Sec. 2.  [EFFECTIVE DATE.] 
  2.30     Section 1 is effective August 1, 1995, and applies to 
  2.31  crimes committed on or after that date.