|S.F. No. 1097 - Certificates of Good Conduct|
|Author:||Senator Mee Moua|
|Prepared by:||Kenneth P. Backhus, Senate Counsel (651/296-4396)|
|Date:||March 12, 2009|
Section 2 amends the provision in chapter 364 that exempts certain occupations (peace officers, firefighters, teachers, doctors, school bus drivers, Department of Human Services licensees, etc.) from the chapter's provisions. The effect of this is that certificates of good conduct (see section 3) will apply to those occupations.
Section 3 establishes a certificate of good conduct.
Subdivision 1 defines "petitioner" and "prosecuting attorney."
Subdivision 2 authorizes persons convicted of or adjudicated delinquent by a Minnesota court for a crime committed within the state to petition a court for a certificate of good conduct. Requires payment of the standard civil filing fee. Provides that a person is not eligible for a certificate if the person has filed a petition for a certificate or for an expungement in the past two years.
Subdivision 3 sets forth the required contents of a petition. The petition must contain:
Requires the court through the Bureau of Criminal Apprehension (BCA) to conduct a criminal history background check on the applicant. To facilitate this, the petitioner must submit an executed criminal history consent form, including fingerprints, and payment for the background check.
Subdivision 4 requires the petitioner to serve the petition on the prosecuting authority for the district where the offense occurred. The prosecuting authority shall make reasonable and good-faith efforts to contact victims if the victims have requested notice.
Subdivision 5 sets forth procedures and standards for petition hearings. Requires a hearing on the petition and authorizes the prosecuting attorney to be a party to it and represent the state's interests. Requires the court to receive testimony or evidence from either party to the petition. Provides the victim the right to submit a statement and requires the court to consider the entire record, including the victim's statement when making a decision.
Subdivision 6 establishes eligibility requirements. To be eligible, the person:
In addition, the court may consider any other factors it deems relevant.
Subdivision 7 requires the petitioner to establish eligibility by a preponderance of evidence.
Subdivision 8 requires the court to notify the BCA of certificate of good conduct petition rulings and the BCA to record the ruling on the petitioner's criminal record.
Subdivision 9 provides that a certificate creates a presumption of rehabilitation in favor of the recipient and relieves the person of any state-imposed collateral sanctions relating to eligibility for housing, employment, or professional or occupational licensing arising from the crime for which the certificate was issued. Prohibits the Commissioner of Human Services when conducting a background study under chapter 245C from disqualifying an individual solely for a crime for which an individual has received a certificate of good conduct. Provides that a disqualified person must request a set aside. The commissioner may deny the request only if other factors exist that indicate that the person poses a risk of harm. Provides that no cause of action exists against a housing or licensing authority or employer based on consideration of or failure to consider a certificate when making a decision. Provides that evidence relating to convictions for which certificates have been issued are inadmissable in civil actions against these individuals for negligence in making a housing, licensing, or employment decision if the person relied on the certificate when making the decision. Further provides that existence of a certificate is admissible as evidence of reasonable care by these individuals when making decisions related to the subject of the certificate.
Subdivision 10 provides that a certificate is revoked by operation of law if the holder is subsequently convicted of a crime. Also allows a court to revoke a certificate under certain circumstances.
Subdivision 11 reiterates the limited scope of the certificate.
Subdivision 12 makes it a gross misdemeanor to use a revoked certificate or to forge/alter a certificate.
Section 4 amends the expungement law to prohibit a person from filing for an expungement if the person has previously filed a petition for expungement or a certificate of good conduct in the past two years.
Section 5 amends the expungement law to require that a person seeking an expungement disclose prior requests for certificates of good conduct.
Section 6 requires that notice be provided to victims when an offender seeks a certificate of good conduct.
Section 7 appropriates unspecified sums to the district courts and the Commissioner of Public Safety to implement the certificate of good conduct law (see section 3).
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