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SF 607

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 06/21/2017 11:31am

KEY: stricken = removed, old language. underscored = added, new language.

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Bill Text Versions

Engrossments
Introduction Pdf Posted on 01/28/2005
1st Engrossment Pdf Posted on 03/03/2005
Unofficial Engrossments
1st Unofficial Engrossment Pdf Posted on 03/29/2005

Current Version - 1st Engrossment

A bill for an act
relating to criminal justice; defining collateral
sanctions; requiring the revisor of statutes to create
a new statutory chapter containing cross-references to
collateral sanction laws located throughout Minnesota
Statutes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. COLLATERAL SANCTIONS CROSS-REFERENCES;
CREATION OF A NEW CHAPTER.

Subdivision 1.

Definitions.

For purposes of this section:

(1) "automatically" means either by operation of law or by
the mandated action of a designated official or agency; and

(2) "collateral sanction" means a legal penalty,
disability, or disadvantage, however denominated, that is
imposed on a person automatically when that person is convicted
of or found to have committed a crime, even if the sanction is
not included in the sentence. Collateral sanction does not
include:

(i) a direct consequence of the crime such as a criminal
fine, restitution, or incarceration; or

(ii) a requirement imposed by the sentencing court or other
designated official or agency that the convicted person provide
a biological specimen for DNA analysis, provide fingerprints, or
submit to any form of assessment or testing.

Subd. 2.

Revisor instruction.

The revisor of statutes
shall create a new chapter in Minnesota Statutes that contains
cross-references to Minnesota laws imposing collateral
sanctions. The revisor shall create a structure within this new
chapter that categorizes these laws in a useful way to users and
provides them with quick access to the cross-referenced laws.
The revisor may consider, but is not limited to, using the
following categories in the new chapter:

(1) collateral sanctions relating to employment and
occupational licensing;

(2) collateral sanctions relating to driving and motor
vehicles;

(3) collateral sanctions relating to public safety;

(4) collateral sanctions relating to eligibility for
services and benefits;

(5) collateral sanctions relating to property rights;

(6) collateral sanctions relating to civil rights and
remedies; and

(7) collateral sanctions relating to recreational
activities.

If possible, the revisor shall locate the new chapter in
proximity to Minnesota Statutes, chapter 609, the Minnesota
Criminal Code.

Subd. 3.

Cautionary language.

The revisor shall include
appropriate cautionary language at the beginning of the new
chapter that notifies users of the following types of issues:

(1) that the list of collateral sanctions laws contained in
the chapter is intended to be comprehensive but is not
necessarily complete;

(2) that the inclusion or exclusion of a collateral
sanction in the chapter is not intended to have any substantive
legal effect;

(3) that the cross-references used in the chapter are
intended solely to indicate the contents of the cross-referenced
section or subdivision and are not part of the cross-referenced
statute;

(4) that the cross-references are not substantive and may
not be used to construe or limit the meaning of any statutory
language; and

(5) that users must consult the language of each
cross-referenced law to fully understand the scope and effect of
the collateral sanction it imposes.

Subd. 4.

Consultation with legislators and legislative
staff.

The revisor shall consult with legislative staff and the
chairs and ranking minority members of the senate and house
committees having jurisdiction over criminal justice matters to
identify laws that impose collateral sanctions and develop the
appropriate categories and cross-references to use in the new
chapter.

Sec. 2. REPORT OF COLLATERAL SANCTIONS LAWS.

Each state or local governmental agency having
responsibility to impose a collateral sanction shall prepare a
list that identifies all of the collateral sanctions within the
authority's statutory jurisdiction. The agency shall submit the
list to the Office of the Revisor of Statutes no later than
September 1, 2005. State and local agencies covered by this
section include, but are not limited to, state agencies, the
judiciary, the state Public Defender's Office, the Attorney
General's Office, and county attorneys.

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