SF 2357

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal justice; defining collateral 
  1.3             sanctions; requiring the revisor of statutes to create 
  1.4             a new statutory chapter containing cross-references to 
  1.5             collateral sanction laws located throughout Minnesota 
  1.6             Statutes. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [COLLATERAL SANCTIONS CROSS-REFERENCES; 
  1.9   CREATION OF A NEW CHAPTER.] 
  1.10     Subdivision 1.  [DEFINITION.] For purposes of this section: 
  1.11     (1) "automatically" means either by operation of law or by 
  1.12  the mandated action of a designated official or agency; and 
  1.13     (2) "collateral sanction" means a legal penalty, 
  1.14  disability, or disadvantage, however denominated, that is 
  1.15  imposed on a person automatically when that person is convicted 
  1.16  of or found to have committed a crime, even if the sanction is 
  1.17  not included in the sentence.  Collateral sanction does not 
  1.18  include: 
  1.19     (1) a direct consequence of the crime such as a criminal 
  1.20  fine, restitution, or incarceration; or 
  1.21     (2) a requirement imposed by the sentencing court or other 
  1.22  designated official or agency that the convicted person provide 
  1.23  a biological specimen for DNA analysis, provide fingerprints, or 
  1.24  submit to any form of assessment or testing. 
  1.25     Subd. 2.  [REVISOR INSTRUCTION.] The revisor of statutes 
  1.26  shall create a new chapter in the 2004 edition of Minnesota 
  2.1   Statutes that contains cross-references to Minnesota laws 
  2.2   imposing collateral sanctions.  The revisor shall create a 
  2.3   structure within this new chapter that categorizes these laws in 
  2.4   a useful way to users and provides them with quick access to the 
  2.5   cross-referenced laws.  The revisor may consider, but is not 
  2.6   limited to, using the following categories in the new chapter: 
  2.7      (1) collateral sanctions relating to employment and 
  2.8   occupational licensing; 
  2.9      (2) collateral sanctions relating to driving and motor 
  2.10  vehicles; 
  2.11     (3) collateral sanctions relating to public safety; 
  2.12     (4) collateral sanctions relating to eligibility for 
  2.13  services and benefits; 
  2.14     (5) collateral sanctions relating to property rights; 
  2.15     (6) collateral sanctions relating to civil rights and 
  2.16  remedies; and 
  2.17     (7) collateral sanctions relating to recreational 
  2.18  activities. 
  2.19     If possible, the revisor shall locate the new chapter in 
  2.20  proximity to Minnesota Statutes, chapter 609, the Minnesota 
  2.21  Criminal Code. 
  2.22     Subd. 3.  [CAUTIONARY LANGUAGE.] The revisor shall include 
  2.23  appropriate cautionary language at the beginning of the new 
  2.24  chapter that notifies users of the following types of issues: 
  2.25     (1) that the list of collateral sanctions laws contained in 
  2.26  the chapter is intended to be comprehensive but is not 
  2.27  necessarily complete; 
  2.28     (2) that the inclusion or exclusion of a collateral 
  2.29  sanction in the chapter is not intended to have any substantive 
  2.30  legal effect; 
  2.31     (3) that the cross-references used in the chapter are 
  2.32  intended solely to indicate the contents of the cross-referenced 
  2.33  section or subdivision and are not part of the cross-referenced 
  2.34  statute; 
  2.35     (4) that the cross-references are not substantive and may 
  2.36  not be used to construe or limit the meaning of any statutory 
  3.1   language; and 
  3.2      (5) that users must consult the language of each 
  3.3   cross-referenced law to fully understand the scope and effect of 
  3.4   the collateral sanction it imposes. 
  3.5      Subd. 4.  [CONSULTATION WITH LEGISLATORS AND LEGISLATIVE 
  3.6   STAFF.] The revisor shall consult with legislative staff and the 
  3.7   chairs of the senate and house committees having jurisdiction 
  3.8   over criminal justice matters to identify laws that impose 
  3.9   collateral sanctions and develop the appropriate categories and 
  3.10  cross-references to use in the new chapter. 
  3.11     Sec. 2.  [REPORT OF COLLATERAL SANCTIONS LAWS.] 
  3.12     Each state or local governmental agency having 
  3.13  responsibility to impose a collateral sanction shall prepare a 
  3.14  list that identifies all of the collateral sanctions within the 
  3.15  authority's statutory jurisdiction.  The agency shall submit the 
  3.16  list to the Office of the Revisor of Statutes no later than 
  3.17  September 1, 2004.  State and local agencies covered by this 
  3.18  section include, but are not limited to, state agencies, the 
  3.19  judiciary, the state public defender's office, the attorney 
  3.20  general's office, and county attorneys.