SF 2869

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to judicial procedures; modifying the 
  1.3             required contents of petitions seeking judicial review 
  1.4             of driver's license revocations and petitions seeking 
  1.5             judicial expungement orders; amending Minnesota 
  1.6             Statutes 1996, section 609A.03, subdivision 2; and 
  1.7             Minnesota Statutes 1997 Supplement, section 169.123, 
  1.8             subdivision 5c. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.11  169.123, subdivision 5c, is amended to read: 
  1.12     Subd. 5c.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
  1.13  days following receipt of a notice and order of revocation or 
  1.14  disqualification pursuant to this section, a person may petition 
  1.15  the court for review.  The petition shall be filed with the 
  1.16  district court administrator in the county where the alleged 
  1.17  offense occurred, together with proof of service of a copy on 
  1.18  the commissioner of public safety, and accompanied by the 
  1.19  standard filing fee for civil actions.  No responsive pleading 
  1.20  shall be required of the commissioner of public safety, and no 
  1.21  court fees shall be charged for the appearance of the 
  1.22  commissioner of public safety in the matter.  
  1.23     (b) The petition must: 
  1.24     (1) be captioned in the full name of the person making the 
  1.25  petition as petitioner and the commissioner of public safety as 
  1.26  respondent; 
  1.27     (2) include the petitioner's date of birth, driver's 
  2.1   license number, and date of the offense; and 
  2.2      (3) state with specificity the grounds upon which the 
  2.3   petitioner seeks rescission of the order of revocation, 
  2.4   disqualification, or denial and state the facts underlying each 
  2.5   claim asserted. 
  2.6      (c) The filing of the petition shall not stay the 
  2.7   revocation, disqualification, or denial.  The reviewing court 
  2.8   may order a stay of the balance of the revocation or 
  2.9   disqualification if the hearing has not been conducted within 60 
  2.10  days after filing of the petition upon terms the court deems 
  2.11  proper. 
  2.12     (d) Judicial reviews shall be conducted according to the 
  2.13  rules of civil procedure except that prehearing discovery is 
  2.14  mandatory and is limited to: 
  2.15     (1) the notice of revocation; 
  2.16     (2) the test record, or in the case of blood or urine 
  2.17  tests, the certificate of analysis; 
  2.18     (3) the peace officer's certificate and any accompanying 
  2.19  documentation submitted by the arresting officer to the 
  2.20  commissioner of public safety; and 
  2.21     (4) disclosure of potential witnesses, including experts, 
  2.22  and the basis of their testimony. 
  2.23  Other types of discovery are not available. 
  2.24     Sec. 2.  Minnesota Statutes 1996, section 609A.03, 
  2.25  subdivision 2, is amended to read: 
  2.26     Subd. 2.  [CONTENTS OF PETITION.] A petition for 
  2.27  expungement shall be signed under oath by the petitioner and 
  2.28  shall state the following: 
  2.29     (1) the petitioner's full name and all other legal names or 
  2.30  aliases by which the petitioner has been known at any time; 
  2.31     (2) the petitioner's date of birth; 
  2.32     (3) all of the petitioner's addresses from the date of the 
  2.33  offense or alleged offense in connection with which an 
  2.34  expungement order is sought, to the date of the petition; 
  2.35     (4) why expungement is sought, if it is for employment or 
  2.36  licensure purposes, the statutory or other legal authority under 
  3.1   which it is sought, and why it should be granted; 
  3.2      (5) the details of the offense or arrest for which 
  3.3   expungement is sought, including date and jurisdiction of the 
  3.4   occurrence, court file number, and date of conviction or of 
  3.5   dismissal; 
  3.6      (6) in the case of a conviction, what steps the petitioner 
  3.7   has taken since the time of the offense toward personal 
  3.8   rehabilitation, including treatment, work, or other personal 
  3.9   history that demonstrates rehabilitation; 
  3.10     (7) petitioner's criminal conviction record indicating all 
  3.11  convictions for misdemeanors, gross misdemeanors, or felonies in 
  3.12  this state, and for all comparable convictions in any other 
  3.13  state, federal court, or foreign country, whether the 
  3.14  convictions occurred before or after the arrest or conviction 
  3.15  for which expungement is sought; and 
  3.16     (8) petitioner's criminal charges record indicating all 
  3.17  prior and pending criminal charges against the petitioner in 
  3.18  this state or another jurisdiction, including all criminal 
  3.19  charges that have been continued for dismissal or stayed for 
  3.20  adjudication, or have been the subject of pretrial diversion; 
  3.21  and 
  3.22     (9) all prior requests by the petitioner, whether for the 
  3.23  present offense or for any other offenses, in this state or any 
  3.24  other state or federal court, for pardon, return of arrest 
  3.25  records, or expungement or sealing of a criminal record, whether 
  3.26  granted or not, and all stays of adjudication or imposition of 
  3.27  sentence involving the petitioner. 
  3.28     Sec. 3.  [EFFECTIVE DATE.] 
  3.29     Sections 1 and 2 are effective August 1, 1998, and apply to 
  3.30  petitions filed on or after that date.