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HF 1845

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/19/2014 12:18pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to crime; enacting the Uniform Collateral Consequences of Conviction
Act proposed for adoption by the National Conference of Commissioners on
Uniform State Laws; conforming other law regarding collateral consequences
and the rehabilitation of criminal offenders with the uniform act; providing for
rulemaking; appropriating money; amending Minnesota Statutes 2012, sections
245C.22, by adding a subdivision; 245C.24, by adding a subdivision; 364.07;
611A.06, subdivision 1a; proposing coding for new law in Minnesota Statutes,
chapter 638; repealing Minnesota Statutes 2012, sections 609B.050; 609B.100;
609B.101; 609B.102; 609B.103; 609B.104; 609B.105; 609B.106; 609B.107;
609B.108; 609B.109; 609B.110; 609B.111; 609B.112; 609B.113; 609B.120;
609B.121; 609B.122; 609B.123; 609B.124; 609B.125; 609B.126; 609B.127;
609B.128; 609B.129; 609B.130; 609B.132; 609B.133; 609B.134; 609B.135;
609B.136; 609B.137; 609B.139; 609B.140; 609B.141; 609B.142; 609B.143;
609B.144; 609B.146; 609B.147; 609B.148; 609B.149; 609B.1495; 609B.150;
609B.151; 609B.152; 609B.153; 609B.155; 609B.157; 609B.158; 609B.159;
609B.160; 609B.161; 609B.162; 609B.164; 609B.1645; 609B.165; 609B.168;
609B.170; 609B.171; 609B.172; 609B.173; 609B.174; 609B.175; 609B.176;
609B.177; 609B.179; 609B.180; 609B.181; 609B.183; 609B.184; 609B.185;
609B.187; 609B.188; 609B.189; 609B.191; 609B.192; 609B.193; 609B.194;
609B.195; 609B.200; 609B.201; 609B.202; 609B.203; 609B.205; 609B.206;
609B.216; 609B.231; 609B.235; 609B.237; 609B.241; 609B.245; 609B.255;
609B.262; 609B.263; 609B.265; 609B.271; 609B.273; 609B.275; 609B.277;
609B.301; 609B.310; 609B.311; 609B.312; 609B.320; 609B.321; 609B.330;
609B.331; 609B.332; 609B.333; 609B.340; 609B.341; 609B.342; 609B.343;
609B.344; 609B.345; 609B.400; 609B.405; 609B.410; 609B.415; 609B.425;
609B.430; 609B.435; 609B.445; 609B.450; 609B.455; 609B.460; 609B.465;
609B.500; 609B.505; 609B.510; 609B.515; 609B.518; 609B.520; 609B.525;
609B.530; 609B.535; 609B.540; 609B.545; 609B.600; 609B.610; 609B.611;
609B.612; 609B.613; 609B.614; 609B.615; 609B.700; 609B.710; 609B.720;
609B.721; 609B.722; 609B.723; 609B.724; 609B.725.

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

ARTICLE 1

UNIFORM COLLATERAL CONSEQUENCES OF CONVICTION ACT

Section 1.

new text begin [638.10] SHORT TITLE.
new text end

new text begin Sections 638.10 to 638.26 may be cited as the "Uniform Collateral Consequences
of Conviction Act."
new text end

Sec. 2.

new text begin [638.11] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 638.10 to 638.26, the terms defined in this section
have the meanings given them.
new text end

new text begin (b) "Collateral consequence" means a collateral sanction or a disqualification.
new text end

new text begin (c) "Collateral sanction" means a penalty, disability, or disadvantage, however
denominated, imposed on an individual as a result of the individual's conviction of
an offense which applies by operation of law whether or not the penalty, disability,
or disadvantage is included in the judgment or sentence. The term does not include
imprisonment, probation, parole, supervised release, forfeiture, restitution, fine,
assessment, or costs of prosecution.
new text end

new text begin (d) "Conviction" or "Convicted" includes a child adjudicated delinquent.
new text end

new text begin (e) "Decision maker" means the state acting through a department, agency, officer,
or instrumentality, including a political subdivision, educational institution, board, or
commission, or its employees, or a government contractor, including a subcontractor,
made subject to sections 638.10 to 638.26 by contract, other law, or ordinance.
new text end

new text begin (f) "Disqualification" means a penalty, disability, or disadvantage, however
denominated, that an administrative agency, governmental official, or court in a civil
proceeding is authorized, but not required, to impose on an individual on grounds relating
to the individual's conviction of an offense.
new text end

new text begin (g) "Offense" means a felony, gross misdemeanor, misdemeanor, or adjudication as
a delinquent under the laws of this state, another state, or the United States.
new text end

new text begin (h) "Person" means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, public corporation,
government or governmental subdivision, agency, or instrumentality, or any other legal or
commercial entity.
new text end

new text begin (i) "State" means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
new text end

Sec. 3.

new text begin [638.12] LIMITATION ON SCOPE.
new text end

new text begin (a) Sections 638.10 to 638.26 do not provide a basis for:
new text end

new text begin (1) invalidating a plea, conviction, or sentence;
new text end

new text begin (2) a cause of action for money damages; or
new text end

new text begin (3) a claim for relief from or defense to the application of a collateral consequence
based on a failure to comply with section 638.13, 638.14, or 638.15.
new text end

new text begin (b) Sections 638.10 to 638.26 do not affect:
new text end

new text begin (1) the duty an individual's attorney owes to the individual;
new text end

new text begin (2) a claim or right of a victim of an offense; or
new text end

new text begin (3) a right or remedy under law other than sections 638.10 to 638.26 available
to an individual convicted of an offense.
new text end

Sec. 4.

new text begin [638.13] IDENTIFICATION, COLLECTION, AND PUBLICATION OF
LAWS REGARDING COLLATERAL CONSEQUENCES.
new text end

new text begin (a) The revisor of statutes shall:
new text end

new text begin (1) identify or cause to be identified any provision in this state's constitution,
statutes, and administrative rules which imposes a collateral sanction or authorizes the
imposition of a disqualification, and any provision of law that may afford relief from a
collateral consequence;
new text end

new text begin (2) in a timely manner after the effective date of sections 638.10 to 638.26, prepare a
collection of citations to, and the text or short descriptions of, the provisions identified
under clause (1); and
new text end

new text begin (3) annually update the collection in a timely manner after the regular or last special
session of the legislature in a calendar year.
new text end

new text begin In complying with clauses (1) and (2), the revisor may rely on the study of this state's
collateral sanctions, disqualifications, and relief provisions prepared by the National
Institute of Justice described in section 510 of the Court Security Improvement Act of
2007, Public Law 110-177.
new text end

new text begin (b) The revisor of statutes shall include the following statements or substantially
similar language in a prominent manner at the beginning of the collection required under
paragraph (a):
new text end

new text begin (1) This collection has not been enacted into law and does not have the force of law.
new text end

new text begin (2) An error or omission in this collection or in any reference work cited in this
collection is not a reason for invalidating a plea, conviction, or sentence or for not
imposing a collateral sanction or authorizing a disqualification.
new text end

new text begin (3) The laws of other jurisdictions and local governments which impose additional
collateral sanctions and authorize additional disqualifications are not included in this
collection.
new text end

new text begin (4) This collection does not include any law or other provision regarding the
imposition of or relief from a collateral sanction or a disqualification enacted or adopted
after (date the collection was prepared or last updated.)
new text end

new text begin (c) The Office of the Revisor of Statutes shall publish the collection prepared and
updated as required under paragraph (a). If available, it shall publish as part of the
collection, the title and Internet address of the most recent collection of:
new text end

new text begin (1) the collateral consequences imposed by federal law; and
new text end

new text begin (2) any provision of federal law that may afford relief from a collateral consequence.
new text end

new text begin (d) The collection described under paragraph (c) must be available to the public on
the Internet without charge in a reasonable time after it is created or updated.
new text end

Sec. 5.

new text begin [638.14] NOTICE OF COLLATERAL CONSEQUENCES IN CITATION,
PRETRIAL PROCEEDING, AND AT GUILTY PLEA.
new text end

new text begin (a) When a peace officer issues a citation to a person for an offense, the officer shall
ensure that the person receives a notice of additional legal consequences substantially
similar to that described in paragraph (b). This requirement may be satisfied by using the
uniform traffic ticket described in section 169.99 or the statewide standard citation if that
document addresses collateral consequences of a criminal conviction.
new text end

new text begin (b) When an individual receives formal notice that the individual is charged with an
offense, the prosecuting attorney of the county or city in which the individual is charged
shall provide information substantially similar to the following to the individual:
new text end

new text begin NOTICE OF ADDITIONAL LEGAL CONSEQUENCES
new text end

new text begin If you plead guilty or are convicted of an offense you may suffer additional legal
consequences beyond jail or prison, probation, periods of parole or supervised release, and
fines. These consequences may include:
new text end

new text begin (1) being unable to get or keep some licenses, permits, or jobs;
new text end

new text begin (2) being unable to get or keep benefits such as public housing or education;
new text end

new text begin (3) receiving a harsher sentence if you are convicted of another offense in the future;
new text end

new text begin (4) having the government take your property; and
new text end

new text begin (5) being unable to vote or possess a firearm.
new text end

new text begin If you are not a United States citizen, a guilty plea or conviction may also result
in your deportation, removal, exclusion from admission to the United States, or denial
of citizenship.
new text end

new text begin The law may provide ways to obtain some relief from these consequences.
new text end

new text begin Further information about the consequences of conviction is available on the
Internet at (Internet address of the collection of laws published under section 638.13,
paragraphs (c) and (d).)
new text end

new text begin (c) Before the court accepts a plea of guilty from an individual, the court shall
confirm that the individual received and understands the notice required by paragraphs (a)
and (b), and had an opportunity to discuss the notice with counsel.
new text end

Sec. 6.

new text begin [638.15] NOTICE OF COLLATERAL CONSEQUENCES AT
SENTENCING AND UPON RELEASE.
new text end

new text begin (a) As provided in paragraphs (b) and (c), an individual convicted of an offense
shall be given the following notice:
new text end

new text begin (1) that collateral consequences may apply because of this conviction;
new text end

new text begin (2) the Internet address of the collection of laws published under section 638.13,
paragraph (c);
new text end

new text begin (3) that there may be ways to obtain relief from collateral consequences;
new text end

new text begin (4) contact information for government or nonprofit agencies, groups, or
organizations, if any, offering assistance to individuals seeking relief from collateral
consequences; and
new text end

new text begin (5) when an individual convicted of an offense may vote under state law.
new text end

new text begin (b) The court shall provide the notice in paragraph (a) as a part of sentencing.
new text end

new text begin (c) If an individual is sentenced to imprisonment or other incarceration, the officer or
agency releasing the individual shall provide the notice in paragraph (a) not more than 30,
and, if practicable, at least ten days before release.
new text end

Sec. 7.

new text begin [638.16] AUTHORIZATION REQUIRED FOR COLLATERAL
SANCTION; AMBIGUITY.
new text end

new text begin (a) A collateral sanction may be imposed only by statute or ordinance, or by rule
authorized by law and adopted under chapter 14.
new text end

new text begin (b) A law creating a collateral consequence that is ambiguous as to whether it
imposes a collateral sanction or authorizes a disqualification must be construed as
authorizing a disqualification.
new text end

Sec. 8.

new text begin [638.17] DECISION TO DISQUALIFY.
new text end

new text begin In deciding whether to impose a disqualification, a decision maker shall undertake
an individualized assessment to determine whether the benefit or opportunity at issue shall
be denied the individual. In making that decision, the decision maker may consider,
if substantially related to the benefit or opportunity at issue, the particular facts and
circumstances involved in the offense, and the essential elements of the offense. A
conviction itself may not be considered except as having established the elements of the
offense. The decision maker shall also consider other relevant information including, at a
minimum, the effect on third parties of granting the benefit or opportunity and whether
the individual has been granted relief such as an order of limited relief or a certificate
of restoration of rights.
new text end

Sec. 9.

new text begin [638.18] EFFECT OF CONVICTION BY ANOTHER STATE OR THE
UNITED STATES; RELIEVED OR PARDONED CONVICTION.
new text end

new text begin (a) For purposes of authorizing or imposing a collateral consequence in this state,
a conviction of an offense in a court of another state or the United States is deemed a
conviction of the offense in this state with the same elements. If there is no offense in
this state with the same elements, the conviction is deemed a conviction of the most
serious offense in this state which is established by the elements of the offense. A
misdemeanor in the jurisdiction of conviction may not be deemed a felony in this state,
and an offense lesser than a misdemeanor in the jurisdiction of conviction may not be
deemed a conviction of a felony, gross misdemeanor, or misdemeanor in this state.
new text end

new text begin (b) For purposes of authorizing or imposing a collateral consequence in this state, a
juvenile adjudication in another state or the United States may not be deemed a conviction
of a felony, gross misdemeanor, misdemeanor, or offense lesser than a misdemeanor in
this state, but may be deemed a juvenile adjudication for the delinquent act in this state
with the same elements. If there is no delinquent act in this state with the same elements,
the juvenile adjudication is deemed an adjudication of the most serious delinquent act in
this state which is established by the elements of the offense.
new text end

new text begin (c) A conviction that is reversed, overturned, or otherwise vacated by a court of
competent jurisdiction of this state, another state, or the United States on grounds other
than rehabilitation or good behavior may not serve as the basis for authorizing or imposing
a collateral consequence in this state.
new text end

new text begin (d) A pardon issued by another state or the United States has the same effect for
purposes of authorizing, imposing, and relieving a collateral consequence in this state as
it has in the issuing jurisdiction.
new text end

new text begin (e) A conviction that has been relieved by expungement, sealing, annulment,
set-aside, or vacation by a court of competent jurisdiction of another state or the United
States on grounds of rehabilitation or good behavior, or for which civil rights are restored
pursuant to statute, has the same effect for purposes of authorizing or imposing collateral
consequences in this state as it has in the jurisdiction of conviction. However, this relief or
restoration of civil rights does not relieve collateral consequences applicable under the law
of this state for which relief could not be granted under section 638.21 or for which relief
was expressly withheld by the court order or by the law of the jurisdiction that relieved the
conviction. An individual convicted in another jurisdiction may seek relief under section
638.19 or 638.20 from any collateral consequence for which relief was not granted in the
issuing jurisdiction, other than those listed in section 638.21, and the administrative law
judge shall consider that the conviction was relieved or civil rights restored in deciding
whether to issue an order of limited relief or certificate of restoration of rights.
new text end

new text begin (f) A charge or prosecution in any jurisdiction which has been finally terminated
without a conviction and imposition of sentence based on participation in a deferred
adjudication or diversion program may not serve as the basis for authorizing or imposing
a collateral consequence in this state. This paragraph does not affect the validity of any
restriction or condition imposed by law as part of participation in the deferred adjudication
or diversion program, before or after the termination of the charge or prosecution.
new text end

Sec. 10.

new text begin [638.19] ORDER OF LIMITED RELIEF.
new text end

new text begin (a) The chief administrative law judge shall conduct proceedings, make
determinations, and issue orders on petitions for orders of limited relief filed under this
section.
new text end

new text begin (b) An individual convicted of an offense may petition for an order of limited relief
from one or more collateral sanctions related to employment, education, housing, public
benefits, or occupational licensing. The petition may be brought before the Office of
Administrative Hearings at any time after sentencing.
new text end

new text begin (c) Except as otherwise provided in section 638.21, the administrative law judge may
issue an order of limited relief relieving one or more of the collateral sanctions described
in paragraph (b) if, after reviewing the petition, the individual's criminal history, any
filing by a victim under section 638.24 or a prosecutor, and any other relevant evidence,
the administrative law judge finds the individual has established by a preponderance of
the evidence that:
new text end

new text begin (1) granting the petition will materially assist the individual in obtaining or
maintaining employment, education, housing, public benefits, or occupational licensing;
new text end

new text begin (2) the individual has substantial need for the relief requested in order to live a
law-abiding life; and
new text end

new text begin (3) granting the petition would not pose an unreasonable risk to the safety or welfare
of the public or any individual.
new text end

new text begin (d) Upon the request of an individual convicted of an offense and if the prosecutor
agrees, the sentencing court, at or before sentencing, shall issue an order of limited
relief under this section. The court is not required to issue the order if it determines
that the interests of the public and public safety in not issuing the order outweigh the
disadvantages to the convicted individual in issuing it. When determining whether to
agree to the request of a convicted individual, the prosecutor shall consider the criteria
listed in paragraph (c), clauses (1) to (3).
new text end

new text begin (e) The order of limited relief must specify:
new text end

new text begin (1) the collateral sanction from which relief is granted; and
new text end

new text begin (2) any restriction imposed pursuant to section 638.22, paragraph (a).
new text end

new text begin (f) An order of limited relief relieves a collateral sanction to the extent provided in
the order.
new text end

new text begin (g) If a collateral sanction has been relieved pursuant to this section, a decision
maker may consider the conduct underlying a conviction as provided in section 638.17.
new text end

new text begin (h) An individual bringing a petition under paragraph (b) shall pay a fee as
determined by the Office of Administrative Hearings. This fee may be retained by the
office and used to administer this section.
new text end

new text begin (i) The limitations described in section 14.03 do not apply to this section.
new text end

new text begin (j) The filing of a petition under paragraph (b) initiates a contested case under
sections 14.57 to 14.69.
new text end

Sec. 11.

new text begin [638.20] CERTIFICATE OF RESTORATION OF RIGHTS.
new text end

new text begin (a) The chief administrative law judge shall conduct proceedings, make
determinations, and issue orders on petitions for certificates of restoration of rights filed
under this section.
new text end

new text begin (b) An individual convicted of an offense may petition the Office of Administrative
Hearings for a certificate of restoration of rights relieving collateral sanctions not
sooner than five years after the individual's most recent conviction of a felony, gross
misdemeanor, or misdemeanor in any jurisdiction, or not sooner than five years after the
individual's release from confinement pursuant to a criminal sentence in any jurisdiction,
whichever is later.
new text end

new text begin (c) Except as otherwise provided in section 638.21, the administrative law judge may
issue a certificate of restoration of rights if, after reviewing the petition, the individual's
criminal history, any filing by a victim under section 638.24 or a prosecutor, and any
other relevant evidence, the administrative law judge finds the individual has established
by a preponderance of the evidence that:
new text end

new text begin (1) the individual is engaged in, or seeking to engage in, a lawful occupation or
activity, including employment, training, education, or rehabilitative programs, or the
individual otherwise has a lawful source of support;
new text end

new text begin (2) the individual is not in violation of the terms of any criminal sentence, or that
any failure to comply is justified, excused, involuntary, or insubstantial;
new text end

new text begin (3) a criminal charge is not pending against the individual; and
new text end

new text begin (4) granting the petition would not pose an unreasonable risk to the safety or welfare
of the public or any individual.
new text end

new text begin (d) A certificate of restoration of rights must specify any restriction imposed and
collateral sanction from which relief has not been granted under section 638.22, paragraph
(a).
new text end

new text begin (e) A certificate of restoration of rights relieves all collateral sanctions, except those
listed in section 638.21 and any others specifically excluded in the certificate.
new text end

new text begin (f) If a collateral sanction has been relieved pursuant to this section, a decision
maker may consider the conduct underlying a conviction as provided in section 638.17.
new text end

new text begin (g) An individual bringing a petition under paragraph (b) shall pay a fee as
determined by the Office of Administrative Hearings. This fee may be retained by the
office and used to administer this section.
new text end

new text begin (h) The limitations described in section 14.03 do not apply to this section.
new text end

new text begin (i) The filing of a petition under paragraph (b) initiates a contested case under
sections 14.57 to 14.69.
new text end

Sec. 12.

new text begin [638.205] RULES AUTHORIZED.
new text end

new text begin The Office of Administrative Hearings may adopt rules under chapter 14 to implement
this article, including but not limited to, addressing petitions, including determining an
appropriate fee for the petitioner to bring a petition, and determination, modification, and
revocation of orders of limited relief and certificates of restoration of rights.
new text end

Sec. 13.

new text begin [638.21] COLLATERAL SANCTIONS NOT SUBJECT TO ORDER OF
LIMITED RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS.
new text end

new text begin An order of limited relief or certificate of restoration of rights may not be issued to
relieve the following collateral sanctions:
new text end

new text begin (1) requirements imposed by sections 243.166 and 243.167;
new text end

new text begin (2) a motor vehicle license suspension, revocation, limitation, or ineligibility for
driving while intoxicated pursuant to section 169A.20, or sections 169.792, 169.797,
169A.52, 169A.54, 171.17, 171.172, 171.173, 171.18, and 171.186, for which restoration
or relief is available pursuant to sections 171.30 and 171.306;
new text end

new text begin (3) ineligibility for employment pursuant to sections 387.36, 419.06, or other law
restricting employment of convicted individuals by law enforcement agencies, such as the
Department of Corrections, Department of Public Safety, Office of the Attorney General,
sheriff's offices, police departments, and judicial offices; or
new text end

new text begin (4) eligibility to purchase, possess, use, transfer, or own a firearm.
new text end

Sec. 14.

new text begin [638.22] ISSUANCE, MODIFICATION, AND REVOCATION OF
ORDER OF LIMITED RELIEF AND CERTIFICATE OF RESTORATION OF
RIGHTS.
new text end

new text begin (a) When a petition is filed under section 638.19 or 638.20, including a petition for
enlargement of an existing order of limited relief or certificate of restoration of rights, the
administrative law judge shall notify the office that prosecuted the offense giving rise to the
collateral consequence from which relief is sought and, if the conviction was not obtained in
a court of this state, the attorney general. The judge may issue an order or certificate subject
to restriction, condition, or additional requirement. When issuing, denying, modifying, or
revoking an order or certificate, the judge may impose conditions for reapplication.
new text end

new text begin (b) The judge may restrict or revoke an order of limited relief or certificate of
restoration of rights issued by the Office of Administrative Hearings or an order of limited
relief issued by a court in this state if it finds just cause by a preponderance of the
evidence. Just cause includes subsequent conviction of a felony in this state or of an
offense in another jurisdiction that is deemed a felony in this state under section 638.18,
paragraph (a). An order of restriction or revocation may be issued:
new text end

new text begin (1) on motion of the judge, the office of the prosecutor that obtained the conviction,
or a government agency designated by that prosecutor;
new text end

new text begin (2) after notice to the individual and any prosecutor that has appeared in the matter;
and
new text end

new text begin (3) after a hearing under chapter 14 if requested by the individual or the prosecutor
that made the motion or any prosecutor that has appeared in the matter.
new text end

new text begin (c) The judge shall order any test, report, investigation, or disclosure by the
individual it reasonably believes necessary to its decision to issue, modify, or revoke an
order of limited relief or certificate of restoration of rights. If there are material disputed
issues of fact or law, the individual and any prosecutor notified under paragraph (a) or
another prosecutorial agency designated by a prosecutor notified under paragraph (a) may
submit evidence and be heard on those issues.
new text end

new text begin (d) The judge shall maintain a public record of the issuance, modification, and
revocation of orders of limited relief and certificates of restoration of rights. The criminal
history record system of the Bureau of Criminal Apprehension must include issuance,
modification, and revocation of orders and certificates.
new text end

new text begin (e) The limitations described in section 14.03 do not apply to this section.
new text end

Sec. 15.

new text begin [638.23] RELIANCE ON ORDER OR CERTIFICATE AS EVIDENCE
OF DUE CARE.
new text end

new text begin In a judicial or administrative proceeding alleging negligence or other fault, an order
of limited relief or a certificate of restoration of rights may be introduced as evidence of
a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or
program, or otherwise transacting business or engaging in activity with the individual to
whom the order was issued, if the person knew of the order or certificate at the time
of the alleged negligence or other fault.
new text end

Sec. 16.

new text begin [638.24] VICTIM'S RIGHTS.
new text end

new text begin (a) A victim of an offense may be present and submit an oral or written statement in
a proceeding for issuance, modification, or revocation of an order of limited relief or a
certificate of restoration of rights.
new text end

new text begin (b) The prosecutorial office that had jurisdiction over the offense for which the
issuance, modification, or revocation of an order of limited relief under section 638.19, or
a certificate of restoration of rights under section 638.20, is sought shall serve by mail
the petition on any victims of the offense for which the order or certificate is sought who
have requested notice pursuant to section 611A.06. The prosecutorial office's notice to
victims must specifically inform the victim of the victim's right to be present and submit
an oral or written statement at the proceeding.
new text end

Sec. 17.

new text begin [638.25] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
new text end

new text begin In applying and construing this uniform act, consideration must be given to the need
to promote uniformity of the law with respect to its subject matter among states that enact it.
new text end

Sec. 18.

new text begin [638.26] SAVINGS AND TRANSITIONAL PROVISIONS.
new text end

new text begin (a) Sections 638.10 to 638.26 apply to collateral consequences whenever enacted or
imposed, unless the law creating the collateral consequence expressly states that sections
638.10 to 638.26 do not apply.
new text end

new text begin (b) Sections 638.10 to 638.26 do not invalidate the imposition of a collateral sanction
on an individual before the effective date of sections 638.10 to 638.26, but a collateral
sanction validly imposed before the effective date of sections 638.10 to 638.26 may be
the subject of relief under these sections.
new text end

Sec. 19. new text beginCHANGE TO UNIFORM TRAFFIC TICKET AND STATEWIDE
STANDARD CITATION.
new text end

new text begin By January 1, 2016, the uniform traffic ticket described in Minnesota Statutes,
section 169.99, and the statewide standard citation must include a notice of additional
legal consequences substantially similar to that described in section 5, paragraph (b). If
this is determined not to be feasible, the ticket and citation must, at a minimum, inform
the offender generally of the issue of potential collateral consequences and provide the
Internet address of the collection of laws published under Minnesota Statutes, section
638.13, paragraphs (c) and (d).
new text end

Sec. 20. new text beginAPPROPRIATION.
new text end

new text begin $...... for the fiscal year ending June 30, 2015, is appropriated from the general fund
to the Office of Administrative Hearings to fulfill the office's duties under this article.
new text end

Sec. 21. new text beginEFFECTIVE DATE.
new text end

new text begin (a) Except as provided in paragraph (b), sections 1 to 11 and 13 to 18 are effective
January 1, 2015.
new text end

new text begin (b) Section 5, paragraph (a), is effective July 1, 2016.
new text end

new text begin (c) Section 12 is effective the day following final enactment.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2012, section 245C.22, is amended by adding a
subdivision to read:


new text begin Subd. 4a. new text end

new text begin Disqualification decisions related to chapter 638. new text end

new text begin The requirements
regarding a decision to disqualify an individual set forth in section 638.17 are met by the
commissioner when implementing the requirements of this section, and the exclusion
under section 245C.24, subdivision 4a.
new text end

Sec. 2.

Minnesota Statutes 2012, section 245C.24, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Disqualification decisions related to chapter 638. new text end

new text begin (a) Notwithstanding
statutory limits on the commissioner's authority to set aside an individual's disqualification
under this section, the commissioner may consider issuing a set-aside according to section
245C.22 if the disqualified individual has been issued an order of limited relief under
section 638.19 that provides this specific relief, or a certificate of restoration of rights
under section 638.20.
new text end

new text begin (b) An individual who received a set-aside of a disqualification as a result of
paragraph (a) must immediately inform the commissioner upon restriction or revocation
of an order of limited relief or a certificate of restoration of rights under section 638.22.
new text end

new text begin (c) Upon receipt of information regarding a restriction or revocation of an order
of limited relief or a certificate of restoration of rights according to section 638.22, the
commissioner shall rescind a set-aside of a disqualification and the individual shall have
the appeal rights stated in section 245C.22, subdivision 6.
new text end

Sec. 3.

Minnesota Statutes 2012, section 364.07, is amended to read:


364.07 APPLICATION.

The provisions of sections 364.01 to 364.10 shall prevail over any other laws and
rulesnew text begin, except for sections 638.10 to 638.26 and any rules adopted under section 638.22,
new text endwhich purport to govern the granting, denial, renewal, suspension, or revocation of a
license or the initiation, suspension, or termination of public employment on the grounds
of conviction of a crime or crimes. In deciding to grant, deny, revoke, suspend, or renew a
license, or to deny, suspend, or terminate public employment for a lack of good moral
character or the like, the hiring or licensing authority may consider evidence of conviction
of a crime or crimes but only in the same manner and to the same effect as provided for
in sections 364.01 to 364.10. Nothing in sections 364.01 to 364.10 shall be construed to
otherwise affect relevant proceedings involving the granting, denial, renewal, suspension,
or revocation of a license or the initiation, suspension, or termination of public employment.

Sec. 4.

Minnesota Statutes 2012, section 611A.06, subdivision 1a, is amended to read:


Subd. 1a.

Notice of expungementnew text begin, order for limited relief, or certificate of
restoration of rights
new text end required.

The prosecuting authority with jurisdiction over an offense
for which expungement new text beginor the issuance, modification, or revocation of an order of limited
relief under section 638.19 or a certificate of restoration of rights under section 638.20
new text endis
being sought shall make a good faith effort to notify a victim that the expungementnew text begin, order,
or certificate
new text end is being sought if: (1) the victim has mailed to the prosecuting authority with
jurisdiction over deleted text beginandeleted text endnew text begin thenew text end offense deleted text beginfor which expungement is being soughtdeleted text end a written request
for this notice, or (2) the victim has indicated on a request for notice deleted text beginof expungement
deleted text end submitted under subdivision 1 a desire to be notified in the event the offender seeks an
expungementnew text begin, order for limited relief, or certificate of restoration of rightsnew text end for the offense.

A copy of any written request for a notice of expungement deleted text beginrequestdeleted text endnew text begin, order for limited
relief, or certificate of restoration of rights
new text end received by the commissioner of corrections or
other custodial authority shall be forwarded to the prosecutorial authority with jurisdiction
over the offense to which the notice relates. The prosecutorial authority complies with this
section upon mailing a copy of deleted text beginan expungementdeleted text endnew text begin thenew text end petition relating to the notice to the
address which the victim has most recently provided in writing.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 609B.050; 609B.100; 609B.101; 609B.102;
609B.103; 609B.104; 609B.105; 609B.106; 609B.107; 609B.108; 609B.109; 609B.110;
609B.111; 609B.112; 609B.113; 609B.120; 609B.121; 609B.122; 609B.123; 609B.124;
609B.125; 609B.126; 609B.127; 609B.128; 609B.129; 609B.130; 609B.132; 609B.133;
609B.134; 609B.135; 609B.136; 609B.137; 609B.139; 609B.140; 609B.141; 609B.142;
609B.143; 609B.144; 609B.146; 609B.147; 609B.148; 609B.149; 609B.1495; 609B.150;
609B.151; 609B.152; 609B.153; 609B.155; 609B.157; 609B.158; 609B.159; 609B.160;
609B.161; 609B.162; 609B.164; 609B.1645; 609B.165; 609B.168; 609B.170; 609B.171;
609B.172; 609B.173; 609B.174; 609B.175; 609B.176; 609B.177; 609B.179; 609B.180;
609B.181; 609B.183; 609B.184; 609B.185; 609B.187; 609B.188; 609B.189; 609B.191;
609B.192; 609B.193; 609B.194; 609B.195; 609B.200; 609B.201; 609B.202; 609B.203;
609B.205; 609B.206; 609B.216; 609B.231; 609B.235; 609B.237; 609B.241; 609B.245;
609B.255; 609B.262; 609B.263; 609B.265; 609B.271; 609B.273; 609B.275; 609B.277;
609B.301; 609B.310; 609B.311; 609B.312; 609B.320; 609B.321; 609B.330; 609B.331;
609B.332; 609B.333; 609B.340; 609B.341; 609B.342; 609B.343; 609B.344; 609B.345;
609B.400; 609B.405; 609B.410; 609B.415; 609B.425; 609B.430; 609B.435; 609B.445;
609B.450; 609B.455; 609B.460; 609B.465; 609B.500; 609B.505; 609B.510; 609B.515;
609B.518; 609B.520; 609B.525; 609B.530; 609B.535; 609B.540; 609B.545; 609B.600;
609B.610; 609B.611; 609B.612; 609B.613; 609B.614; 609B.615; 609B.700; 609B.710;
609B.720; 609B.721; 609B.722; 609B.723; 609B.724; and 609B.725,
new text end new text begin are repealed.
new text end

Sec. 6. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective January 1, 2015.
new text end