1.1 	A bill for an act
1.2 	relating to human services; modifying a provision for
1.3 	background studies; amending Minnesota Statutes 2004,
1.4 	section 245C.15, subdivision 2.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 245C.15,
1.7 	subdivision 2, is amended to read:
1.8 		Subd. 2.15-year disqualification.  (a) An individual is
1.9 	disqualified under section 245C.14 if:  (1) less than 15 years
1.10 	have passed since the discharge of the sentence imposed for the
1.11 	offense; (2) the commission has not granted the license holder a
1.12 	variance for the disqualified individual under section 245C.30;
1.13 	and (2) (3) the individual has received a felony conviction for
1.14 	a violation of any of the following offenses:  sections 260C.301
1.15 	(grounds for termination of parental rights); 609.165 (felon
1.16 	ineligible to possess firearm); 609.21 (criminal vehicular
1.17 	homicide and injury); 609.215 (suicide); 609.223 or 609.2231
1.18 	(assault in the third or fourth degree); repeat offenses under
1.19 	609.224 (assault in the fifth degree); 609.2325 (criminal abuse
1.20 	of a vulnerable adult); 609.2335 (financial exploitation of a
1.21 	vulnerable adult); 609.235 (use of drugs to injure or facilitate
1.22 	crime); 609.24 (simple robbery); 609.255 (false imprisonment);
1.23 	609.2664 (manslaughter of an unborn child in the first degree);
1.24 	609.2665 (manslaughter of an unborn child in the second degree);
1.25 	609.267 (assault of an unborn child in the first degree);
2.1 	609.2671 (assault of an unborn child in the second degree);
2.2 	609.268 (injury or death of an unborn child in the commission of
2.3 	a crime); 609.27 (coercion); 609.275 (attempt to coerce); repeat
2.4 	offenses under 609.3451 (criminal sexual conduct in the fifth
2.5 	degree); 609.498, subdivision 1 or 1b (aggravated first degree
2.6 	or first degree tampering with a witness); 609.52 (theft);
2.7 	609.521 (possession of shoplifting gear); 609.562 (arson in the
2.8 	second degree); 609.563 (arson in the third degree); 609.582
2.9 	(burglary); 609.625 (aggravated forgery); 609.63 (forgery);
2.10 	609.631 (check forgery; offering a forged check); 609.635
2.11 	(obtaining signature by false pretense); 609.66 (dangerous
2.12 	weapons); 609.67 (machine guns and short-barreled shotguns);
2.13 	609.687 (adulteration); 609.71 (riot); 609.713 (terroristic
2.14 	threats); repeat offenses under 617.23 (indecent exposure;
2.15 	penalties); repeat offenses under 617.241 (obscene materials and
2.16 	performances; distribution and exhibition prohibited; penalty);
2.17 	chapter 152 (drugs; controlled substance); or a felony level
2.18 	conviction involving alcohol or drug use.
2.19 	(b) An individual is disqualified under section 245C.14 if
2.20 	less than 15 years has passed since the individual's attempt or
2.21 	conspiracy to commit any of the offenses listed in paragraph
2.22 	(a), as each of these offenses is defined in Minnesota Statutes,
2.23 	and the commissioner has not granted the license holder a
2.24 	variance for the disqualified individual under section 245C.30.
2.25 	(c) An individual is disqualified under section 245C.14 if
2.26 	less than 15 years has passed since the discharge of the
2.27 	sentence imposed for an offense in any other state or country,
2.28 	the elements of which are substantially similar to the elements
2.29 	of the offenses listed in paragraph (a), and the commissioner
2.30 	has not granted the license holder a variance for the
2.31 	disqualified individual under section 245C.30.
2.32 	(d) If the individual studied is convicted of one of the
2.33 	felonies listed in paragraph (a), but the sentence is a gross
2.34 	misdemeanor or misdemeanor disposition, the individual is
2.35 	disqualified but the disqualification lookback period for the
2.36 	conviction is the period applicable to the gross misdemeanor or
3.1 	misdemeanor disposition.