|S.F. No. 2787 - Collateral Sanctions; Juveniles|
|Author:||Senator Mee Moua|
|Prepared by:||Chris Turner, Senate Research (651/296-4350)|
|Date:||March 11, 2010|
Section 1, paragraph (a) defines "collateral sanctions" to mean a legal penalty, disability, or
disadvantage that is imposed on an individual as a result of an adjudication of delinquency.
Paragraph (b) directs a court to provide a child with a general notice of collateral sanctions prior to accepting or entering a dispositional order upon a plea of guilty.
Paragraphs (c) and (d) limit an individual's ability to attack a plea, delinquency adjudication, or dispositional order based on the notice provisions in this section. Also, provides that the notice shall not provide a basis for relief from or defense to the application of the collateral sanction. Finally, provides that notice does not affect an attorney's duty to the individual, a claim or right of a victim, or any other right or remedy available under law.
Paragraph (e) directs the Supreme Court to develop a uniform notice to be used by all district courts in the state. At a minimum, the notice must inform a child that collateral sanctions of a delinquency adjudication may include: (1) being unable to get or keep certain licenses, permits, or jobs as a child or adult; (2) receiving a harsher disposition or adult sentence in the future; and (4) being unable to possess a firearm.
Paragraph (e) is effective the day following final enactment. Paragraphs (a) through (d) are effective December 1, 2010, and apply to juvenile delinquency hearings occurring on or after that date.
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