SF 607

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to criminal justice; defining collateral
sanctions; requiring the revisor of statutes to create
a new statutory chapter containing cross-references to
collateral sanction laws located throughout Minnesota
Statutes.

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

Section 1. new text begin COLLATERAL SANCTIONS CROSS-REFERENCES;
CREATION OF A NEW CHAPTER.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
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new text begin (1) "automatically" means either by operation of law or by
the mandated action of a designated official or agency; and
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new text begin (2) "collateral sanction" means a legal penalty,
disability, or disadvantage, however denominated, that is
imposed on a person automatically when that person is convicted
of or found to have committed a crime, even if the sanction is
not included in the sentence. Collateral sanction does not
include:
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new text begin (i) a direct consequence of the crime such as a criminal
fine, restitution, or incarceration; or
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new text begin (ii) a requirement imposed by the sentencing court or other
designated official or agency that the convicted person provide
a biological specimen for DNA analysis, provide fingerprints, or
submit to any form of assessment or testing.
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new text begin Subd. 2. new text end

new text begin Revisor instruction. new text end

new text begin The revisor of statutes
shall create a new chapter in Minnesota Statutes that contains
cross-references to Minnesota laws imposing collateral
sanctions. The revisor shall create a structure within this new
chapter that categorizes these laws in a useful way to users and
provides them with quick access to the cross-referenced laws.
The revisor may consider, but is not limited to, using the
following categories in the new chapter:
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new text begin (1) collateral sanctions relating to employment and
occupational licensing;
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new text begin (2) collateral sanctions relating to driving and motor
vehicles;
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new text begin (3) collateral sanctions relating to public safety;
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new text begin (4) collateral sanctions relating to eligibility for
services and benefits;
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new text begin (5) collateral sanctions relating to property rights;
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new text begin (6) collateral sanctions relating to civil rights and
remedies; and
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new text begin (7) collateral sanctions relating to recreational
activities.
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new text begin If possible, the revisor shall locate the new chapter in
proximity to Minnesota Statutes, chapter 609, the Minnesota
Criminal Code.
new text end

new text begin Subd. 3. new text end

new text begin Cautionary language. new text end

new text begin The revisor shall include
appropriate cautionary language at the beginning of the new
chapter that notifies users of the following types of issues:
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new text begin (1) that the list of collateral sanctions laws contained in
the chapter is intended to be comprehensive but is not
necessarily complete;
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new text begin (2) that the inclusion or exclusion of a collateral
sanction in the chapter is not intended to have any substantive
legal effect;
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new text begin (3) that the cross-references used in the chapter are
intended solely to indicate the contents of the cross-referenced
section or subdivision and are not part of the cross-referenced
statute;
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new text begin (4) that the cross-references are not substantive and may
not be used to construe or limit the meaning of any statutory
language; and
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new text begin (5) that users must consult the language of each
cross-referenced law to fully understand the scope and effect of
the collateral sanction it imposes.
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new text begin Subd. 4. new text end

new text begin Consultation with legislators and legislative
staff. new text end

new text begin The revisor shall consult with legislative staff and the
chairs and ranking minority members of the senate and house
committees having jurisdiction over criminal justice matters to
identify laws that impose collateral sanctions and develop the
appropriate categories and cross-references to use in the new
chapter.
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Sec. 2. new text begin REPORT OF COLLATERAL SANCTIONS LAWS.
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new text begin Each state or local governmental agency having
responsibility to impose a collateral sanction shall prepare a
list that identifies all of the collateral sanctions within the
authority's statutory jurisdiction. The agency shall submit the
list to the Office of the Revisor of Statutes no later than
September 1, 2005. State and local agencies covered by this
section include, but are not limited to, state agencies, the
judiciary, the state Public Defender's Office, the Attorney
General's Office, and county attorneys.
new text end