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HF 1845

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

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Current Version - 1st Engrossment

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.

[638.10] SHORT TITLE.

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

Sec. 2.

[638.11] DEFINITIONS.

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

(b) "Collateral consequence" means a collateral sanction or a disqualification.

(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.

(d) "Conviction" or "Convicted" includes a child adjudicated delinquent.

(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.

(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.

(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.

(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.

(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.

Sec. 3.

[638.12] LIMITATION ON SCOPE.

(a) Sections 638.10 to 638.26 do not provide a basis for:

(1) invalidating a plea, conviction, or sentence;

(2) a cause of action for money damages; or

(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.

(b) Sections 638.10 to 638.26 do not affect:

(1) the duty an individual's attorney owes to the individual;

(2) a claim or right of a victim of an offense; or

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

Sec. 4.

[638.13] IDENTIFICATION, COLLECTION, AND PUBLICATION OF
LAWS REGARDING COLLATERAL CONSEQUENCES.

(a) The revisor of statutes shall:

(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;

(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

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

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.

(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):

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

(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.

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

(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.)

(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:

(1) the collateral consequences imposed by federal law; and

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

(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.

Sec. 5.

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

(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.

(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:

NOTICE OF ADDITIONAL LEGAL CONSEQUENCES

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:

(1) being unable to get or keep some licenses, permits, or jobs;

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

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

(4) having the government take your property; and

(5) being unable to vote or possess a firearm.

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.

The law may provide ways to obtain some relief from these consequences.

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).)

(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.

Sec. 6.

[638.15] NOTICE OF COLLATERAL CONSEQUENCES AT
SENTENCING AND UPON RELEASE.

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

(1) that collateral consequences may apply because of this conviction;

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

(3) that there may be ways to obtain relief from collateral consequences;

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

(5) when an individual convicted of an offense may vote under state law.

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

(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.

Sec. 7.

[638.16] AUTHORIZATION REQUIRED FOR COLLATERAL
SANCTION; AMBIGUITY.

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

(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.

Sec. 8.

[638.17] DECISION TO DISQUALIFY.

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.

Sec. 9.

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

(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.

(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.

(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.

(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.

(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.

(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.

Sec. 10.

[638.19] ORDER OF LIMITED RELIEF.

(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.

(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.

(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:

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

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

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

(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).

(e) The order of limited relief must specify:

(1) the collateral sanction from which relief is granted; and

(2) any restriction imposed pursuant to section 638.22, paragraph (a).

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

(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.

(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.

(i) The limitations described in section 14.03 do not apply to this section.

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

Sec. 11.

[638.20] CERTIFICATE OF RESTORATION OF RIGHTS.

(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.

(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.

(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:

(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;

(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;

(3) a criminal charge is not pending against the individual; and

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

(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).

(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.

(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.

(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.

(h) The limitations described in section 14.03 do not apply to this section.

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

Sec. 12.

[638.205] RULES AUTHORIZED.

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.

Sec. 13.

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

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

(1) requirements imposed by sections 243.166 and 243.167;

(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;

(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

(4) eligibility to purchase, possess, use, transfer, or own a firearm.

Sec. 14.

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

(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.

(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:

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

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

(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.

(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.

(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.

(e) The limitations described in section 14.03 do not apply to this section.

Sec. 15.

[638.23] RELIANCE ON ORDER OR CERTIFICATE AS EVIDENCE
OF DUE CARE.

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.

Sec. 16.

[638.24] VICTIM'S RIGHTS.

(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.

(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.

Sec. 17.

[638.25] UNIFORMITY OF APPLICATION AND CONSTRUCTION.

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.

Sec. 18.

[638.26] SAVINGS AND TRANSITIONAL PROVISIONS.

(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.

(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.

Sec. 19. CHANGE TO UNIFORM TRAFFIC TICKET AND STATEWIDE
STANDARD CITATION.

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).

Sec. 20. APPROPRIATION.

$...... 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.

Sec. 21. EFFECTIVE DATE.

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

(b) Section 5, paragraph (a), is effective July 1, 2016.

(c) Section 12 is effective the day following final enactment.

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

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


Subd. 4a.

Disqualification decisions related to chapter 638.

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.

Sec. 2.

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


Subd. 4a.

Disqualification decisions related to chapter 638.

(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.

(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.

(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.

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
rules, except for sections 638.10 to 638.26 and any rules adopted under section 638.22,
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. 4.

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


Subd. 1a.

Notice of expungement, order for limited relief, or certificate of
restoration of rights
required.

The prosecuting authority with jurisdiction over an offense
for which expungement or 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
being sought shall make a good faith effort to notify a victim that the expungement, order,
or certificate
is being sought if: (1) the victim has mailed to the prosecuting authority with
jurisdiction over an the offense for which expungement is being sought a written request
for this notice, or (2) the victim has indicated on a request for notice of expungement
submitted under subdivision 1 a desire to be notified in the event the offender seeks an
expungement, order for limited relief, or certificate of restoration of rights for the offense.

A copy of any written request for a notice of expungement request, order for limited
relief, or certificate of restoration of rights
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 an expungement the petition relating to the notice to the
address which the victim has most recently provided in writing.

Sec. 5. REPEALER.

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,
are repealed.

Sec. 6. EFFECTIVE DATE.

Sections 1 and 2 are effective January 1, 2015.

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
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
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 3.34 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 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 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 8.35 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 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 10.32 10.33 10.34 10.35 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 12.1 12.2 12.3 12.4 12.5 12.6 12.7
12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16
12.17 12.18 12.19
12.20 12.21 12.22 12.23 12.24
12.25 12.26
12.27 12.28 12.29 12.30 12.31 12.32
13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15
13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28
13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11
14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32
14.33 14.34

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569