HF 2618

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:32pm

A bill for an act
relating to juveniles; requiring the court to provide a general notice of collateral
sanctions to a juvenile before accepting a guilty plea; amending Minnesota
Statutes 2008, section 260B.163, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 260B.163, is amended by adding a
subdivision to read:

new text begin Subd. 11. new text end

new text begin Notice of collateral sanctions. new text end

new text begin (a) For purposes of this subdivision,
"collateral sanctions" means a legal penalty, disability, or disadvantage, however
denominated, that is imposed on an individual as a result of an adjudication of delinquency,
even if the sanction is not included in the dispositional order. The term does not include:
new text end

new text begin (1) a direct consequence of a violation of the law such as a fine, restitution, or
detention; or
new text end

new text begin (2) a requirement imposed by the court or other designated official or agency that the
delinquent child provide a biological specimen for DNA analysis, provide fingerprints, or
submit to any form of assessment or testing.
new text end

new text begin (b) The court shall provide a child with a notice of the collateral sanctions of an
adjudication of delinquency prior to accepting or entering a dispositional order upon a
plea of guilty.
new text end

new text begin (c) The notice provided in this subdivision shall not provide a basis for:
new text end

new text begin (1) invalidating a plea, delinquency adjudication, or dispositional order; or
new text end

new text begin (2) a claim for relief from or defense to the application of a collateral sanction.
new text end

new text begin (d) The notice provided in this subdivision does 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 this subdivision available to an individual.
new text end

new text begin (e) By December 1, 2010, the Supreme Court shall prescribe a uniform notice to be
used by district courts throughout the state to comply with paragraph (b). At a minimum,
the uniform notice must inform a child that collateral sanctions of an adjudication of
delinquency may include:
new text end

new text begin (1) being unable to get or keep certain licenses, permits, or jobs as a child or as
an adult;
new text end

new text begin (2) receiving a harsher disposition or adult sentence if adjudicated delinquent or
convicted of another offense in the future; and
new text end

new text begin (3) being unable to possess a firearm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 11, paragraph (e), is effective the day following
final enactment. Subdivision 11, paragraphs (a), (b), (c), and (d), are effective December
1, 2010, and apply to juvenile delinquency hearings occurring on or after that date.
new text end