HF 2934

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/04/2018 10:59am

A bill for an act
relating to public safety; requiring courts to transfer records of stays of adjudication
to the Bureau of Criminal Apprehension; requiring the Bureau of Criminal
Apprehension to share stay of adjudication data with parties requesting background
checks; prohibiting offenders who receive stays of adjudication for disqualifying
offenses from serving as school bus drivers; amending Minnesota Statutes 2016,
sections 299C.17; 609.095; 631.40, subdivision 1a; Minnesota Statutes 2017
Supplement, section 171.3215, subdivisions 2, 3; proposing coding for new law
in Minnesota Statutes, chapter 299C.

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

Section 1.

Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 2, is
amended to read:

Subd. 2.

Cancellation for disqualifying and other offenses.

Within ten days of receiving
notice under section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident
driver, that a school bus driver has been convicted of new text begin , or received a stay of adjudication for, new text end
a disqualifying offense, the commissioner shall permanently cancel the school bus driver's
endorsement on the offender's driver's license and in the case of a nonresident, the driver's
privilege to operate a school bus in Minnesota. A school bus driver whose endorsement or
privilege to operate a school bus in Minnesota has been permanently canceled may not
apply for reinstatement. Within ten days of receiving notice under section 631.40, subdivision
1a, or otherwise receiving notice for a nonresident driver, that a school bus driver has been
convicted of a violation of section 169A.20, or a similar statute or ordinance from another
state, and within ten days of revoking a school bus driver's license under section 169A.52
or 171.177, the commissioner shall cancel the school bus driver's endorsement on the
offender's driver's license or the nonresident's privilege to operate a school bus in Minnesota
for five years. After five years, a school bus driver may apply to the commissioner for
reinstatement. Even after five years, cancellation of a school bus driver's endorsement or a
nonresident's privilege to operate a school bus in Minnesota for a violation under section
169A.20, sections 169A.50 to 169A.53, section 171.177, or a similar statute or ordinance
from another state, shall remain in effect until the driver provides proof of successful
completion of an alcohol or controlled substance treatment program. For a first offense,
proof of completion is required only if treatment was ordered as part of a chemical use
assessment. Within ten days of receiving notice under section 631.40, subdivision 1a, or
otherwise receiving notice for a nonresident driver, that a school bus driver has been
convicted of a fourth moving violation in the last three years, the commissioner shall cancel
the school bus driver's endorsement on the offender's driver's license or the nonresident's
privilege to operate a school bus in Minnesota until one year has elapsed since the last
conviction. A school bus driver who has no new convictions after one year may apply for
reinstatement. Upon canceling the offender's school bus driver's endorsement, the
commissioner shall immediately notify the licensed offender of the cancellation in writing,
by depositing in the United States post office a notice addressed to the licensed offender at
the licensed offender's last known address, with postage prepaid thereon.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 3, is amended
to read:

Subd. 3.

Background check.

Before issuing or renewing a driver's license with a school
bus driver's endorsement, the commissioner shall conduct an investigation to determine if
the applicant has been convicted of new text begin , or received a stay of adjudication for, new text end committing a
disqualifying offense, four moving violations in the previous three years, a violation of
section 169A.20 or a similar statute or ordinance from another state, a gross misdemeanor,
or if the applicant's driver's license has been revoked under section 169A.52 or 171.177.
The commissioner shall not issue a new bus driver's endorsement and shall not renew an
existing bus driver's endorsement if the applicant has been convicted of committing a
disqualifying offense. The commissioner shall not issue a new bus driver's endorsement
and shall not renew an existing bus driver's endorsement if, within the previous five years,
the applicant has been convicted of committing a violation of section 169A.20, or a similar
statute or ordinance from another state, a gross misdemeanor, or if the applicant's driver's
license has been revoked under section 169A.52 or 171.177, or if, within the previous three
years, the applicant has been convicted of four moving violations. An applicant who has
been convicted of violating section 169A.20, or a similar statute or ordinance from another
state, or who has had a license revocation under section 169A.52 or 171.177 within the
previous ten years must show proof of successful completion of an alcohol or controlled
substance treatment program in order to receive a bus driver's endorsement. For a first
offense, proof of completion is required only if treatment was ordered as part of a chemical
use assessment. A school district or contractor that employs a nonresident school bus driver
must conduct a background check of the employee's driving record and criminal history in
both Minnesota and the driver's state of residence. Convictions for disqualifying offenses,
gross misdemeanors, a fourth moving violation within the previous three years, or violations
of section 169A.20, or a similar statute or ordinance in another state, must be reported to
the Department of Public Safety.

Sec. 3.

Minnesota Statutes 2016, section 299C.17, is amended to read:

299C.17 REPORT BY COURT ADMINISTRATOR.

The superintendent shall require the court administrator of every court deleted text begin which deleted text end new text begin that (1) new text end
sentences a defendant for a felony, gross misdemeanor, or targeted misdemeanor new text begin , or (2)
grants a stay of adjudication pursuant to section 609.095, paragraph (b), clause (2), for an
offense that, if convicted of, would require predatory offender registration under section
243.166, new text end to electronically transmit within 24 hours of the disposition of the case a report,
in a form prescribed by the superintendent providing information required by the
superintendent with regard to the prosecution and disposition of criminal cases. A copy of
the report shall be kept on file in the office of the court administrator.

Sec. 4.

new text begin [299C.77] BACKGROUND CHECKS; ADDITIONAL DISCLOSURE.
new text end

new text begin The superintendent shall disclose to each applicant for a statutorily mandated or
authorized background check or background study all records of stays of adjudication
granted to the subject of the background check or background study that the superintendent
receives pursuant to section 299C.17, clause (2). The data required to be disclosed under
this section is in addition to other data on the subject of the background check or background
study that the superintendent is mandated to disclose.
new text end

Sec. 5.

Minnesota Statutes 2016, section 609.095, is amended to read:

609.095 LIMITS OF SENTENCES.

(a) The legislature has the exclusive authority to define crimes and offenses and the
range of the sentences or punishments for their violation. No other or different sentence or
punishment shall be imposed for the commission of a crime than is authorized by this chapter
or other applicable law.

(b) Except as provided in new text begin : (1) new text end section 152.18 or 609.375 deleted text begin , deleted text end new text begin ; new text end or new text begin (2) new text end upon agreement of the
parties, a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty
plea in accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been
found guilty by a court or jury following a trial.

new text begin A stay of adjudication granted under clause (2) must be reported to the superintendent of
the Bureau of Criminal Apprehension pursuant to section 299C.17.
new text end

(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.

Sec. 6.

Minnesota Statutes 2016, section 631.40, subdivision 1a, is amended to read:

Subd. 1a.

Certified copy of disqualifying offense convictions sent to public safety
and school districts.

When a person is convicted of new text begin , or receives a stay of adjudication for, new text end
committing a disqualifying offense, as defined in section 171.3215, subdivision 1, a gross
misdemeanor, a fourth moving violation within the previous three years, or a violation of
section 169A.20, or a similar statute or ordinance from another state, the court shall determine
whether the offender is a school bus driver as defined in section 171.3215, subdivision 1,
whether the offender possesses a school bus driver's endorsement on the offender's driver's
license and in what school districts the offender drives a school bus. If the offender is a
school bus driver or possesses a school bus driver's endorsement, the court administrator
shall send a certified copy of the conviction to the Department of Public Safety and to the
school districts in which the offender drives a school bus within ten days after the conviction.