Key: (1) language to be deleted (2) new language
CHAPTER 98-H.F.No. 142
An act relating to crime; expanding the definition of
"subsequent controlled substance conviction" to
include convictions subsequent to a stay of
adjudication for a controlled substance crime;
amending Minnesota Statutes 1998, section 152.01,
subdivision 16a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 152.01,
subdivision 16a, is amended to read:
Subd. 16a. [SUBSEQUENT CONTROLLED SUBSTANCE CONVICTION.]
Notwithstanding section 152.18, subdivision 1, a "subsequent
controlled substance conviction" means that before commission of
the offense for which the person is convicted under this
chapter, the person received a disposition for a felony-level
offense under section 152.18, subdivision 1, was convicted in
Minnesota of a felony violation of this chapter or a
felony-level attempt or conspiracy to violate this chapter,
or was convicted elsewhere for conduct that would have been a
felony under this chapter if committed in Minnesota. An earlier
disposition for a felony-level offense under section 152.18,
subdivision 1, or an earlier conviction is not relevant if ten
years have elapsed since: (1) the person was restored to civil
rights; or (2) the sentence has expired, whichever occurs
first discharge from sentence or stay of adjudication.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective August 1, 1999, and applies to
dispositions entered under Minnesota Statutes, section 152.18,
subdivision 1, and crimes committed on or after that date.
Presented to the governor April 22, 1999
Signed by the governor April 26, 1999, 4:15 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes