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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 61-H.F.No. 643 
                  An act relating to civil commitment; providing the 
                  same legal rights for all persons under commitment 
                  status; amending Minnesota Statutes 1998, section 
                  253B.23, subdivision 2; repealing Minnesota Statutes 
                  1998, section 609.165, subdivision 1c. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 253B.23, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LEGAL RESULTS OF COMMITMENT STATUS.] (a) Except 
        as otherwise provided in this chapter and in sections 
        246.15, and 246.16, and 609.165, no person by reason of 
        commitment or treatment pursuant to this chapter shall be 
        deprived of any legal right, including but not limited to the 
        right to dispose of property, sue and be sued, execute 
        instruments, make purchases, enter into contractual 
        relationships, vote, and hold a driver's license.  Commitment or 
        treatment of any patient pursuant to this chapter is not a 
        judicial determination of legal incompetency except to the 
        extent provided in section 253B.03, subdivision 6.  
           (b) Proceedings for determination of legal incompetency and 
        the appointment of a guardian for a person subject to commitment 
        under this chapter may be commenced before, during, or after 
        commitment proceedings have been instituted and may be conducted 
        jointly with the commitment proceedings.  The court shall notify 
        the head of the treatment facility to which the patient is 
        committed of a finding that the patient is incompetent.  
           (c) Where the person to be committed is a minor or owns 
        property of value and it appears to the court that the person is 
        not competent to manage a personal estate, the court shall 
        appoint a general or special guardian or conservator of the 
        person's estate as provided by law. 
           Sec. 2.  [REPEALER.] 
           Minnesota Statutes 1998, section 609.165, subdivision 1c, 
        is repealed. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective the day following final 
        enactment. 
           Presented to the governor April 13, 1999 
           Signed by the governor April 16, 1999, 3:35 p.m.