SF 1232

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; requiring mandatory diversion for
certain controlled substance offenses; amending
Minnesota Statutes 2004, section 152.18, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 152.18,
subdivision 1, is amended to read:

Subdivision 1.

Deferring prosecution for certain first
time drug offenders.

If any person who has not previously
participated in or completed a diversion program authorized
under section 401.065 or who has not previously been placed on
probation without a judgment of guilty and thereafter been
discharged from probation under this section is found guilty of
a violation of section 152.024, subdivision 2, 152.025,
subdivision 2, or 152.027, subdivision 2, 3, or 4, for
possession of a controlled substance, after trial or upon a plea
of guilty, and the court determines that the violation does not
qualify as a subsequent controlled substance conviction under
section 152.01, subdivision 16a, the court deleted text begin may deleted text end new text begin shall new text end , without
entering a judgment of guilty and with the consent of the
person, defer further proceedings and place the person on
probation upon such reasonable conditions as it may require and
for a period, not to exceed the maximum sentence provided for
the violation. The court may give the person the opportunity to
attend and participate in an appropriate program of education
regarding the nature and effects of alcohol and drug abuse as a
stipulation of probation. Upon violation of a condition of the
probation, the court may enter an adjudication of guilt and
proceed as otherwise provided. The court may, in its
discretion, dismiss the proceedings against the person and
discharge the person from probation before the expiration of the
maximum period prescribed for the person's probation. If during
the period of probation the person does not violate any of the
conditions of the probation, then upon expiration of the period
the court shall discharge the person and dismiss the proceedings
against that person. Discharge and dismissal under this
subdivision shall be without court adjudication of guilt, but a
not public record of it shall be retained by the Bureau of
Criminal Apprehension for the purpose of use by the courts in
determining the merits of subsequent proceedings against the
person. The not public record may also be opened only upon
court order for purposes of a criminal investigation,
prosecution, or sentencing. Upon request by law enforcement,
prosecution, or corrections authorities, the bureau shall notify
the requesting party of the existence of the not public record
and the right to seek a court order to open it pursuant to this
section. The court shall forward a record of any discharge and
dismissal under this subdivision to the bureau which shall make
and maintain the not public record of it as provided under this
subdivision. The discharge or dismissal shall not be deemed a
conviction for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime or for any other
purpose.

For purposes of this subdivision, "not public" has the
meaning given in section 13.02, subdivision 8a.

Sec. 2. new text begin EFFECTIVE DATE. new text end

new text begin Section 1 applies to crimes
committed on or after August 1, 2005.
new text end