HF 3020

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; prohibiting presenting false 
  1.3             information for purposes of a background study; 
  1.4             prohibiting certain licensed facilities and 
  1.5             establishments from hiring persons convicted of 
  1.6             violent crimes; prescribing penalties; proposing 
  1.7             coding for new law in Minnesota Statutes, chapter 609. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [609.2345] [PROHIBITED WORKERS.] 
  1.10     Subdivision 1.  [PRESENTING FALSE INFORMATION FOR A 
  1.11  BACKGROUND STUDY.] A person who presents, causes to be 
  1.12  presented, or prepares with knowledge or reason to believe that 
  1.13  it will be presented, to the commissioner of human services or 
  1.14  the commissioner of health, for purposes of a background study, 
  1.15  any information that contains a false representation as to any 
  1.16  material fact regarding the applicant's name, address, sex, date 
  1.17  of birth, drivers license number, or criminal history is guilty 
  1.18  of a crime and may be sentenced as provided in subdivision 3. 
  1.19     Subd. 2.  [HIRING CONVICTED PERSONS.] A facility, as 
  1.20  defined in section 609.232, subdivision 3, which is also a 
  1.21  housing with services establishment as defined in section 
  1.22  144D.01, subdivision 4, applicant or license holder as defined 
  1.23  in section 245A.02, subdivision 9, that employs an individual 
  1.24  knowing the individual has been convicted of a violent crime as 
  1.25  defined in section 609.1095, subdivision 1, clause (d), is 
  1.26  guilty of a crime and may be sentenced as provided in 
  2.1   subdivision 3.  Failure to conduct a background study is 
  2.2   evidence of knowledge. 
  2.3      Subd. 3.  [SENTENCING.] A person, facility, establishment, 
  2.4   applicant, or license holder convicted under subdivision 1 or 2 
  2.5   may be sentenced to imprisonment for not more than one year or 
  2.6   to payment of a fine of not more than $3,000 or both. 
  2.7      Sec. 2.  [EFFECTIVE DATE.] 
  2.8      Section 1 is effective August 1, 2002, and applies to 
  2.9   crimes committed on or after that date.