HF 142

1st Engrossment - 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  Notwithstanding section 152.18, subdivision 1, or any other law 
  1.13  to the contrary, a "subsequent controlled substance conviction" 
  1.14  means that before commission of the offense for which the person 
  1.15  is convicted under this chapter, the person received a 
  1.16  disposition for a felony-level offense under section 152.18, 
  1.17  subdivision 1, was convicted in Minnesota of a felony violation 
  1.18  of this chapter or a felony-level attempt or conspiracy to 
  1.19  violate this chapter, or was convicted elsewhere for conduct 
  1.20  that would have been a felony under this chapter if committed in 
  1.21  Minnesota.  An earlier disposition for a felony-level offense 
  1.22  under section 152.18, subdivision 1, or an earlier conviction is 
  1.23  not relevant if ten years have elapsed since:  (1) the person 
  1.24  was restored to civil rights; or (2) the sentence has expired, 
  1.25  whichever occurs first discharge from sentence or stay of 
  1.26  adjudication. 
  2.1      Sec. 2.  [EFFECTIVE DATE.] 
  2.2      Section 1 is effective August 1, 1999, and applies to 
  2.3   dispositions entered under Minnesota Statutes, section 152.18, 
  2.4   subdivision 1, and crimes committed on or after that date.