HF 2296

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

A bill for an act
relating to human services; modifying a provision for
background studies; amending Minnesota Statutes 2004,
section 245C.15, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 245C.15,
subdivision 2, is amended to read:

Subd. 2.

15-year disqualification.

(a) An individual is
disqualified under section 245C.14 if: (1) less than 15 years
have passed since the discharge of the sentence imposed for the
offense; new text begin (2) the commission has not granted the license holder a
variance for the disqualified individual under section 245C.30;
new text end and deleted text begin (2) deleted text end new text begin (3) new text end the individual has received a felony conviction for
a violation of any of the following offenses: sections 260C.301
(grounds for termination of parental rights); 609.165 (felon
ineligible to possess firearm); 609.21 (criminal vehicular
homicide and injury); 609.215 (suicide); 609.223 or 609.2231
(assault in the third or fourth degree); repeat offenses under
609.224 (assault in the fifth degree); 609.2325 (criminal abuse
of a vulnerable adult); 609.2335 (financial exploitation of a
vulnerable adult); 609.235 (use of drugs to injure or facilitate
crime); 609.24 (simple robbery); 609.255 (false imprisonment);
609.2664 (manslaughter of an unborn child in the first degree);
609.2665 (manslaughter of an unborn child in the second degree);
609.267 (assault of an unborn child in the first degree);
609.2671 (assault of an unborn child in the second degree);
609.268 (injury or death of an unborn child in the commission of
a crime); 609.27 (coercion); 609.275 (attempt to coerce); repeat
offenses under 609.3451 (criminal sexual conduct in the fifth
degree); 609.498, subdivision 1 or 1b (aggravated first degree
or first degree tampering with a witness); 609.52 (theft);
609.521 (possession of shoplifting gear); 609.562 (arson in the
second degree); 609.563 (arson in the third degree); 609.582
(burglary); 609.625 (aggravated forgery); 609.63 (forgery);
609.631 (check forgery; offering a forged check); 609.635
(obtaining signature by false pretense); 609.66 (dangerous
weapons); 609.67 (machine guns and short-barreled shotguns);
609.687 (adulteration); 609.71 (riot); 609.713 (terroristic
threats); repeat offenses under 617.23 (indecent exposure;
penalties); repeat offenses under 617.241 (obscene materials and
performances; distribution and exhibition prohibited; penalty);
chapter 152 (drugs; controlled substance); or a felony level
conviction involving alcohol or drug use.

(b) An individual is disqualified under section 245C.14 if
less than 15 years has passed since the individual's attempt or
conspiracy to commit any of the offenses listed in paragraph
(a), as each of these offenses is defined in Minnesota Statutes new text begin ,
and the commissioner has not granted the license holder a
variance for the disqualified individual under section 245C.30 new text end .

(c) An individual is disqualified under section 245C.14 if
less than 15 years has passed since the discharge of the
sentence imposed for an offense in any other state or country,
the elements of which are substantially similar to the elements
of the offenses listed in paragraph (a) new text begin , and the commissioner
has not granted the license holder a variance for the
disqualified individual under section 245C.30 new text end .

(d) If the individual studied is convicted of one of the
felonies listed in paragraph (a), but the sentence is a gross
misdemeanor or misdemeanor disposition, the individual is
disqualified but the disqualification lookback period for the
conviction is the period applicable to the gross misdemeanor or
misdemeanor disposition.