Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 1845

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 02:02pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30
1.31 1.32
1.33 2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30
2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7
3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10
4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35
5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16
5.17 5.18 5.19 5.20 5.21 5.22 5.23
5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8
7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27
8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4 9.5 9.6
9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10
10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18
10.19 10.20 10.21 10.22
10.23 10.24 10.25
10.26 10.27 10.28 10.29 10.30 10.31 11.1 11.2
11.3 11.4
11.5 11.6
11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19
11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8
12.9 12.10

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; amending
Minnesota Statutes 2012, section 364.07; 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 PRETRIAL
PROCEEDING AND AT GUILTY PLEA.
new text end

new text begin (a) 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 cause information substantially similar to the following to be communicated 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 (b) Before the court accepts a plea of guilty or nolo contendre from an individual,
the court shall confirm that the individual received and understands the notice required by
paragraph (a) 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 Department of
Corrections, Policy and Legal Services Unit, Hearings and Release, 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) 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 presented to the:
new text end

new text begin (1) sentencing court at or before sentencing; or
new text end

new text begin (2) Department of Corrections, Policy and Legal Services Unit, Hearings and
Release, at any time after sentencing.
new text end

new text begin (b) Except as otherwise provided in section 638.21, the court or the Department of
Corrections, Policy and Legal Services Unit, Hearings and Release, may issue an order of
limited relief relieving one or more of the collateral sanctions described in paragraph (a) 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, it 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 (c) 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 (d) An order of limited relief relieves a collateral sanction to the extent provided in
the order.
new text end

new text begin (e) 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

Sec. 11.

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

new text begin (a) An individual convicted of an offense may petition the Department of
Corrections, Policy and Legal Services Unit, Hearings and Release, 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 (b) Except as otherwise provided in section 638.21, the Department of Corrections,
Policy and Legal Services Unit, Hearings and Release, 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, it
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 (c) 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 (d) 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 (e) 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

Sec. 12.

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; or
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.
new text end

Sec. 13.

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
Department of Corrections, Policy and Legal Services Unit, Hearings and Release, 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 court may issue an order and the Department of Corrections, Policy
and Legal Services Unit, Hearings and Release, may issue an order or certificate subject
to restriction, condition, or additional requirement. When issuing, denying, modifying,
or revoking an order or certificate, the Department of Corrections hearing officer may
impose conditions for reapplication.
new text end

new text begin (b) The hearing officer may restrict or revoke an order of limited relief or certificate
of restoration of rights it issued 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 hearing officer, 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 court or hearing officer 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 Department of Corrections, Policy and Legal Services Unit, Hearings and
Release, 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 Department of Corrections may adopt rules for application, determination,
modification, and revocation of orders of limited relief and certificates of restoration
of rights, in accordance with chapter 14.
new text end

Sec. 14.

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. 15.

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

new text begin A victim of an offense may participate in a proceeding for issuance, modification, or
revocation of an order of limited relief or a certificate of restoration of rights in the same
manner as at a sentencing proceeding pursuant to chapter 611A.
new text end

Sec. 16.

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. 17.

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. 18. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 17 are effective January 1, 2014.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

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 end which 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. 2. 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. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective January 1, 2014.
new text end