HF 3624

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime prevention; requiring certain 
  1.3             property offenders to successfully complete a 
  1.4             character-development program as a condition of 
  1.5             probation; requiring repeat offenders to pay full 
  1.6             restitution to the victims of their offenses and 
  1.7             successfully complete a character-development program; 
  1.8             amending Minnesota Statutes 1998, sections 609A.02, by 
  1.9             adding a subdivision; and 609A.03, subdivision 5; 
  1.10            Minnesota Statutes 1999 Supplement, section 260B.198, 
  1.11            by adding a subdivision; proposing coding for new law 
  1.12            in Minnesota Statutes, chapter 609. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.15  260B.198, is amended by adding a subdivision to read: 
  1.16     Subd. 2a.  [PROPERTY OFFENDERS; MANDATORY DISPOSITIONS.] (a)
  1.17  As used in this section: 
  1.18     (1) "character-development program" means a program, 
  1.19  similar to Character First or Character Counts, that stresses 
  1.20  the development of such positive character qualities as 
  1.21  attentiveness, patience, truthfulness, respect for authority, 
  1.22  diligence, initiative, gratefulness, self-discipline, 
  1.23  punctuality, forgiveness, and resourcefulness; and 
  1.24     (2) "property offense" means a violation of section 609.52 
  1.25  (theft), 609.53 (receiving stolen property), 609.582 (burglary), 
  1.26  609.625 (aggravated forgery), 609.63 (forgery), or 609.631 
  1.27  (check forgery). 
  1.28     (b) When a juvenile is petitioned and found delinquent for 
  1.29  a property offense, and the court determines that the juvenile 
  2.1   has not previously committed a property offense, the court shall 
  2.2   require in its disposition order that the juvenile attend and 
  2.3   successfully complete a character-development program.  The 
  2.4   court also shall inform the juvenile that state law requires 
  2.5   repeat property offenders to attend a character-development 
  2.6   program and to pay full restitution to the victim of the 
  2.7   offense.  The failure of a court to provide this information to 
  2.8   a juvenile does not affect the future applicability of the 
  2.9   disposition required under paragraph (c) to that juvenile. 
  2.10     (c) When a court issues a disposition order concerning a 
  2.11  juvenile adjudicated delinquent for a second or subsequent 
  2.12  property offense, the court must transfer custody of the 
  2.13  juvenile to the commissioner of corrections until the juvenile's 
  2.14  19th birthday and stay the disposition on the condition that the 
  2.15  offender: 
  2.16     (1) pay full restitution to the victim for the loss caused 
  2.17  by the offense, plus any expenses incurred by the victim 
  2.18  relating to the prosecution or adjudication of the offense; and 
  2.19     (2) attend and successfully complete a 
  2.20  character-development program.  Upon successful completion by 
  2.21  the offender of the conditions of the stayed disposition, the 
  2.22  court shall terminate its jurisdiction over the juvenile. 
  2.23     (d) In its restitution order, the court shall require that 
  2.24  the juvenile pay the restitution with money earned by the 
  2.25  juvenile.  The juvenile may pay all or part of the restitution 
  2.26  with money the juvenile earned before the court's order was 
  2.27  issued if the juvenile provides the court with adequate 
  2.28  verification that the money was derived from the juvenile's 
  2.29  earnings. 
  2.30     (e) The provisions of section 611A.04 apply to restitution 
  2.31  orders issued under this section except that, notwithstanding 
  2.32  section 611A.04, subdivision 2, and unless otherwise ordered by 
  2.33  the court, the juvenile shall mail restitution payments directly 
  2.34  to the victim of the offense and shall notify the court 
  2.35  administrator of the appropriate court of the date and amount of 
  2.36  each restitution payment made.  The court administrator shall 
  3.1   keep records of restitution payments in the manner provided in 
  3.2   section 611A.04, subdivision 2. 
  3.3      (f) If the juvenile fails to pay restitution in accordance 
  3.4   with the payment schedule or structure contained in the order, 
  3.5   or fails to successfully complete the character-development 
  3.6   program, the court shall revoke the stayed disposition and 
  3.7   transfer custody of the juvenile to the commissioner of 
  3.8   corrections. 
  3.9      Sec. 2.  [609.114] [PROPERTY OFFENDERS; MANDATORY 
  3.10  SENTENCES.] 
  3.11     Subdivision 1.  [DEFINITION.] As used in this section: 
  3.12     (1) "character-development program" means a program, 
  3.13  similar to Character First or Character Counts, that stresses 
  3.14  the development of such positive character qualities as 
  3.15  attentiveness, patience, truthfulness, respect for authority, 
  3.16  diligence, initiative, gratefulness, self-discipline, 
  3.17  punctuality, forgiveness, and resourcefulness; and 
  3.18     (2) "property offense" means a violation of section 609.52 
  3.19  (theft), 609.53 (receiving stolen property), 609.582 (burglary), 
  3.20  609.625 (aggravated forgery), 609.63 (forgery), or 609.631 
  3.21  (check forgery). 
  3.22     Subd. 2.  [FIRST-TIME PROPERTY OFFENDERS.] If a defendant 
  3.23  is convicted of a property offense, and the court determines 
  3.24  that the defendant has not been convicted previously of a 
  3.25  property offense, the court shall require that the defendant 
  3.26  attend and successfully complete a character-development program 
  3.27  as a condition of probation.  The court also shall inform the 
  3.28  defendant that state law requires repeat property offenders to 
  3.29  attend a character-development program and to pay full 
  3.30  restitution to the victim of the offense.  The failure of a 
  3.31  court to provide this information to a defendant does not affect 
  3.32  the future applicability of the sentence required under 
  3.33  subdivision 3 to that defendant. 
  3.34     Subd. 3.  [REPEAT PROPERTY OFFENSE CONVICTION; MANDATORY 
  3.35  SENTENCE.] When a court sentences a person convicted of a second 
  3.36  or subsequent property offense, the court must impose, at a 
  4.1   minimum, a sentence equal to the statutory maximum sentence 
  4.2   provided for the offense, and stay execution of the sentence on 
  4.3   the condition that the offender: 
  4.4      (1) pay full restitution to the victim for the loss caused 
  4.5   by the offense, plus any expenses incurred by the victim 
  4.6   relating to the prosecution or adjudication of the offense; and 
  4.7      (2) attend and successfully complete a 
  4.8   character-development program.  Upon successful completion by 
  4.9   the offender of the conditions of the stayed sentence, the court 
  4.10  shall discharge the sentence. 
  4.11     Subd. 4.  [CONTENTS OF RESTITUTION ORDER.] In its 
  4.12  restitution order, the court shall require that the offender pay 
  4.13  the restitution with money earned by the offender.  The offender 
  4.14  may pay all or part of the restitution with money the offender 
  4.15  earned before the court's order was issued if the offender 
  4.16  provides the court with adequate verification that the money was 
  4.17  derived from the offender's earnings. 
  4.18     Subd. 5.  [PAYMENT OF RESTITUTION DIRECTLY TO VICTIM.] The 
  4.19  provisions of section 611A.04 apply to restitution orders issued 
  4.20  under this section except that, notwithstanding section 611A.04, 
  4.21  subdivision 2, and unless otherwise ordered by the court, the 
  4.22  offender shall mail restitution payments directly to the victim 
  4.23  of the offense and shall notify the court administrator of the 
  4.24  appropriate court of the date and amount of each restitution 
  4.25  payment made.  The court administrator shall keep records of 
  4.26  restitution payments in the manner provided in section 611A.04, 
  4.27  subdivision 2. 
  4.28     Subd. 6.  [FAILURE TO PAY RESTITUTION; SANCTION.] If the 
  4.29  offender fails to pay restitution in accordance with the payment 
  4.30  schedule or structure contained in the order, or fails to 
  4.31  successfully complete the character-development program, the 
  4.32  court shall revoke the offender's stayed sentence under section 
  4.33  609.14 and execute the offender's prison sentence. 
  4.34     Sec. 3.  Minnesota Statutes 1998, section 609A.02, is 
  4.35  amended by adding a subdivision to read: 
  4.36     Subd. 2a.  [CERTAIN REPEAT PROPERTY OFFENSE CONVICTIONS.] A 
  5.1   petition for the sealing of a conviction record under section 
  5.2   609A.03 may be filed by a person who has successfully fulfilled 
  5.3   the conditions of a stayed sentence imposed under section 
  5.4   609.114. 
  5.5      Sec. 4.  Minnesota Statutes 1998, section 609A.03, 
  5.6   subdivision 5, is amended to read: 
  5.7      Subd. 5.  [NATURE OF REMEDY; STANDARD; FIREARMS 
  5.8   RESTRICTION.] (a) Expungement of a criminal record is an 
  5.9   extraordinary remedy to be granted only upon clear and 
  5.10  convincing evidence that it would yield a benefit to the 
  5.11  petitioner commensurate with the disadvantages to the public and 
  5.12  public safety of: 
  5.13     (1) sealing the record; and 
  5.14     (2) burdening the court and public authorities to issue, 
  5.15  enforce, and monitor an expungement order. 
  5.16     (b) If the petitioner is petitioning for the sealing of a 
  5.17  criminal record under section 609.02, subdivision 2a, the court 
  5.18  shall grant the petition if: 
  5.19     (1) the petitioner demonstrates by clear and convincing 
  5.20  evidence that the petitioner successfully fulfilled the 
  5.21  conditions of the stayed sentence; and 
  5.22     (2) the victim of the offense has notified the court that 
  5.23  full restitution payments have been paid by the petitioner for 
  5.24  the loss caused by the offense. 
  5.25     (c) If the petitioner is petitioning for the sealing of a 
  5.26  criminal record under section 609A.02, subdivision 3, the court 
  5.27  shall grant the petition to seal the record unless the agency or 
  5.28  jurisdiction whose records would be affected establishes by 
  5.29  clear and convincing evidence that the interests of the public 
  5.30  and public safety outweigh the disadvantages to the petitioner 
  5.31  of not sealing the record. 
  5.32     (c) (d) If the court issues an expungement order it may 
  5.33  require that the criminal record shall be sealed, the existence 
  5.34  of the record shall not be revealed, and the record should not 
  5.35  be opened except as required under subdivision 7.  Records shall 
  5.36  not be destroyed or returned. 
  6.1      (d) (e) An order expunging the record of a conviction for a 
  6.2   crime of violence as defined in section 624.712, subdivision 5, 
  6.3   must provide that the person is not entitled to ship, transport, 
  6.4   possess, or receive a firearm until ten years have elapsed since 
  6.5   the order was entered and during that time the person was not 
  6.6   convicted of any other crime of violence.  Any person whose 
  6.7   record of conviction is expunged under this section and who 
  6.8   thereafter receives a relief of disability under United States 
  6.9   Code, title 18, section 925, is not subject to the restriction 
  6.10  in this paragraph. 
  6.11     Sec. 5.  [EFFECTIVE DATE.] 
  6.12     Sections 1 to 4 are effective August 1, 2000, and apply to 
  6.13  offenses committed on or after that date.