1.1 	A bill for an act
1.2 	relating to crimes; requiring mandatory diversion for
1.3 	certain controlled substance offenses; amending
1.4 	Minnesota Statutes 2004, section 152.18, subdivision 1.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 152.18,
1.7 	subdivision 1, is amended to read:
1.8 		Subdivision 1.Deferring prosecution for certain first
1.9 	time drug offenders.  If any person who has not previously
1.10 	participated in or completed a diversion program authorized
1.11 	under section 401.065 or who has not previously been placed on
1.12 	probation without a judgment of guilty and thereafter been
1.13 	discharged from probation under this section is found guilty of
1.14 	a violation of section 152.024, subdivision 2, 152.025,
1.15 	subdivision 2, or 152.027, subdivision 2, 3, or 4, for
1.16 	possession of a controlled substance, after trial or upon a plea
1.17 	of guilty, and the court determines that the violation does not
1.18 	qualify as a subsequent controlled substance conviction under
1.19 	section 152.01, subdivision 16a, the court ~~may~~ shall, without
1.20 	entering a judgment of guilty and with the consent of the
1.21 	person, defer further proceedings and place the person on
1.22 	probation upon such reasonable conditions as it may require and
1.23 	for a period, not to exceed the maximum sentence provided for
1.24 	the violation.  The court may give the person the opportunity to
1.25 	attend and participate in an appropriate program of education
2.1 	regarding the nature and effects of alcohol and drug abuse as a
2.2 	stipulation of probation.  Upon violation of a condition of the
2.3 	probation, the court may enter an adjudication of guilt and
2.4 	proceed as otherwise provided.  The court may, in its
2.5 	discretion, dismiss the proceedings against the person and
2.6 	discharge the person from probation before the expiration of the
2.7 	maximum period prescribed for the person's probation.  If during
2.8 	the period of probation the person does not violate any of the
2.9 	conditions of the probation, then upon expiration of the period
2.10 	the court shall discharge the person and dismiss the proceedings
2.11 	against that person.  Discharge and dismissal under this
2.12 	subdivision shall be without court adjudication of guilt, but a
2.13 	not public record of it shall be retained by the Bureau of
2.14 	Criminal Apprehension for the purpose of use by the courts in
2.15 	determining the merits of subsequent proceedings against the
2.16 	person.  The not public record may also be opened only upon
2.17 	court order for purposes of a criminal investigation,
2.18 	prosecution, or sentencing.  Upon request by law enforcement,
2.19 	prosecution, or corrections authorities, the bureau shall notify
2.20 	the requesting party of the existence of the not public record
2.21 	and the right to seek a court order to open it pursuant to this
2.22 	section.  The court shall forward a record of any discharge and
2.23 	dismissal under this subdivision to the bureau which shall make
2.24 	and maintain the not public record of it as provided under this
2.25 	subdivision.  The discharge or dismissal shall not be deemed a
2.26 	conviction for purposes of disqualifications or disabilities
2.27 	imposed by law upon conviction of a crime or for any other
2.28 	purpose.
2.29 	For purposes of this subdivision, "not public" has the
2.30 	meaning given in section 13.02, subdivision 8a.

2.31 	Sec. 2. EFFECTIVE DATE. Section 1 applies to crimes
2.32 	committed on or after August 1, 2005.