SF 39

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; controlled substances; limiting the 
  1.3             sentencing court's authority to stay adjudication of a 
  1.4             controlled substance offender's guilt and to expunge 
  1.5             the offender's record upon the successful completion 
  1.6             of treatment and probation; providing that this 
  1.7             procedure applies only to first-time offenders 
  1.8             convicted of a fourth-degree, fifth-degree, or a 
  1.9             nonfelony controlled substance offense; amending 
  1.10            Minnesota Statutes 1994, section 152.18, subdivision 1.
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 152.18, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  If any person who has not previously 
  1.15  participated in or completed a diversion program authorized 
  1.16  under section 401.065 or who has not previously been placed on 
  1.17  probation without a judgment of guilty and thereafter been 
  1.18  discharged from probation under this section is found guilty of 
  1.19  a violation of section 152.024, subdivision 2, 152.025, 
  1.20  subdivision 2, or 152.027, subdivision 2, 3, or 4, for 
  1.21  possession of a controlled substance, after trial or upon a plea 
  1.22  of guilty, and the court determines that the violation does not 
  1.23  qualify as a subsequent controlled substance conviction under 
  1.24  section 152.01, subdivision 16a, the court may, without entering 
  1.25  a judgment of guilty and with the consent of the person, defer 
  1.26  further proceedings and place the person on probation upon such 
  1.27  reasonable conditions as it may require and for a period, not to 
  1.28  exceed the maximum sentence provided for the violation.  The 
  2.1   court may give the person the opportunity to attend and 
  2.2   participate in an appropriate program of education regarding the 
  2.3   nature and effects of alcohol and drug abuse as a stipulation of 
  2.4   probation.  Upon violation of a condition of the probation, the 
  2.5   court may enter an adjudication of guilt and proceed as 
  2.6   otherwise provided.  The court may, in its discretion, dismiss 
  2.7   the proceedings against the person and discharge the person from 
  2.8   probation before the expiration of the maximum period prescribed 
  2.9   for the person's probation.  If during the period of probation 
  2.10  the person does not violate any of the conditions of the 
  2.11  probation, then upon expiration of the period the court shall 
  2.12  discharge the person and dismiss the proceedings against that 
  2.13  person.  Discharge and dismissal under this subdivision shall be 
  2.14  without court adjudication of guilt, but a not public record of 
  2.15  it shall be retained by the department of public safety for the 
  2.16  purpose of use by the courts in determining the merits of 
  2.17  subsequent proceedings against the person.  The not public 
  2.18  record may also be opened only upon court order for purposes of 
  2.19  a criminal investigation, prosecution, or sentencing.  Upon 
  2.20  request by law enforcement, prosecution, or corrections 
  2.21  authorities, the department shall notify the requesting party of 
  2.22  the existence of the not public record and the right to seek a 
  2.23  court order to open it pursuant to this section.  The court 
  2.24  shall forward a record of any discharge and dismissal under this 
  2.25  subdivision to the department of public safety who shall make 
  2.26  and maintain the not public record of it as provided under this 
  2.27  subdivision.  The discharge or dismissal shall not be deemed a 
  2.28  conviction for purposes of disqualifications or disabilities 
  2.29  imposed by law upon conviction of a crime or for any other 
  2.30  purpose. 
  2.31     For purposes of this subdivision, "not public" has the 
  2.32  meaning given in section 13.02, subdivision 8a.  
  2.33     Sec. 2.  [EFFECTIVE DATE.] 
  2.34     Section 1 is effective August 1, 1995, and applies to 
  2.35  crimes committed on or after that date.