HF 734

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to criminal justice; defining collateral
sanctions; requiring the revisor of statutes to
publish a table containing cross-references to
collateral sanction laws located throughout Minnesota
Statutes.

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

Section 1. new text begin COLLATERAL SANCTIONS CROSS-REFERENCES;
PUBLISHING A TABLE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "automatically" means either by operation of law or by
the mandated action of a designated official or agency; and
new text end

new text begin (2) "collateral sanction" means a legal penalty,
disability, or disadvantage, however denominated, that is
imposed on a person automatically when that person is convicted
of or found to have committed a crime, even if the sanction is
not included in the sentence. Collateral sanction does not
include:
new text end

new text begin (i) a direct consequence of the crime such as a criminal
fine, restitution, or incarceration; or
new text end

new text begin (ii) a requirement imposed by the sentencing court or other
designated official or agency that the convicted person provide
a biological specimen for DNA analysis, provide fingerprints, or
submit to any form of assessment or testing.
new text end

new text begin Subd. 2. new text end

new text begin Revisor instruction. new text end

new text begin The revisor of statutes
shall publish a table in Minnesota Statutes that contains
cross-references to Minnesota laws imposing collateral
sanctions. The revisor shall create a structure that
categorizes these laws in a useful way to users and provides
them with quick access to the cross-referenced laws. The
revisor may consider, but is not limited to, using the following
categories in the new table:
new text end

new text begin (1) collateral sanctions relating to employment and
occupational licensing;
new text end

new text begin (2) collateral sanctions relating to driving and motor
vehicles;
new text end

new text begin (3) collateral sanctions relating to public safety;
new text end

new text begin (4) collateral sanctions relating to eligibility for
services and benefits;
new text end

new text begin (5) collateral sanctions relating to property rights;
new text end

new text begin (6) collateral sanctions relating to civil rights and
remedies; and
new text end

new text begin (7) collateral sanctions relating to recreational
activities.
new text end

new text begin Subd. 3. new text end

new text begin Cautionary language. new text end

new text begin The revisor shall include
appropriate cautionary language with the table that notifies
users of the following types of issues:
new text end

new text begin (1) that the list of collateral sanctions laws is intended
to be comprehensive but is not necessarily complete;
new text end

new text begin (2) that the inclusion or exclusion of a collateral
sanction is not intended to have any substantive legal effect;
new text end

new text begin (3) that the cross-references used are intended solely to
indicate the contents of the cross-referenced section or
subdivision and are not part of the cross-referenced statute;
new text end

new text begin (4) that the cross-references are not substantive and may
not be used to construe or limit the meaning of any statutory
language; and
new text end

new text begin (5) that users must consult the language of each
cross-referenced law to fully understand the scope and effect of
the collateral sanction it imposes.
new text end

new text begin Subd. 4. new text end

new text begin Consultation with legislators and legislative
staff. new text end

new text begin The revisor shall consult with legislative staff and the
chairs of the senate and house committees having jurisdiction
over criminal justice matters to identify laws that impose
collateral sanctions and develop the appropriate categories and
cross-references to use in the new table.
new text end