1.1 	A bill for an act
1.2 	relating to public safety; requiring deferred prosecution for certain drug 
1.3 	offenders; modifying provisions governing suspension of driver's license without 
1.4 	preliminary warning; modifying license reinstatement provisions; modifying 
1.5 	provisions for conditional release of nonviolent offenders; classifying certain 
1.6 	data as private arrest data; increasing monetary thresholds for certain property 
1.7 	crimes to more accurately reflect inflationary economic increases; establishing 
1.8 	classifications for nonconvictions and low-level offenses; prohibiting charging 
1.9 	fees for local correctional inmates participating in work release programs; 
1.10 	creating a committee to study and recommend adjusting collateral consequences 
1.11 	of adult criminal convictions and juvenile adjudications; repealing the sunset 
1.12 	on early release of qualified drug offenders;amending Minnesota Statutes 
1.13 	2004, sections 13.871, by adding subdivisions; 152.18, subdivision 1; 609.52, 
1.14 	subdivision 3; 609.535, subdivision 2a; 609.595, subdivisions 1, 2; 631.425, 
1.15 	subdivision 3; Minnesota Statutes 2005 Supplement, sections 171.18, subdivision 
1.16 	1; 171.29, subdivision 2; 244.055, subdivisions 2, 10; proposing coding for new 
1.17 	law as Minnesota Statutes, chapter 609B; repealing Minnesota Statutes 2005 
1.18 	Supplement, section 244.055, subdivision 11.
1.19 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.20 	Section 1. Minnesota Statutes 2004, section 13.871, is amended by adding a 
1.21 	subdivision to read:
1.22 		Subd. 10.Arrest data not leading to conviction. Arrest data relating to arrests that 
1.23 	do not lead to prosecution of the subject is governed by section 609B.02.

1.24 	Sec. 2. Minnesota Statutes 2004, section 13.871, is amended by adding a subdivision 
1.25 	to read:
1.26 		Subd. 11.Low-level offense. Data relating to low-level offenses and in favor of 
1.27 	resolutions as defined in section 609B.03, subdivision 4, is governed by section 609B.03.

1.28 	Sec. 3. Minnesota Statutes 2004, section 152.18, subdivision 1, is amended to read:
2.1 		Subdivision 1.Deferring prosecution for certain first time drug offenders. If 
2.2 	any person who has not previously participated in or completed a diversion program 
2.3 	authorized under section  401.065 or who has not previously been placed on probation 
2.4 	without a judgment of guilty and thereafter been discharged from probation under 
2.5 	this section is found guilty of a violation of section  152.024, subdivision 2,  152.025, 
2.6 	subdivision 2, or  152.027, subdivision 2, 3, or 4, for possession of a controlled substance, 
2.7 	after trial or upon a plea of guilty, and the court determines that the violation does not 
2.8 	qualify as a subsequent controlled substance conviction under section  152.01, subdivision 
2.9 	16a, the court ~~may~~ shall, without entering a judgment of guilty and with the consent 
2.10 	of the person, either (1) defer further proceedings and place the person on probation 
2.11 	upon such reasonable conditions as it may require and for a period, not to exceed the 
2.12 	maximum sentence provided for the violation~~. The court~~ or (2) enter a written finding 
2.13 	that states substantial and compelling reasons why a deferral is inappropriate. If the court 
2.14 	grants a deferral, it  may give the person the opportunity to attend and participate in an 
2.15 	appropriate program of education regarding the nature and effects of alcohol and drug 
2.16 	abuse as a stipulation of probation. Upon violation of a condition of the probation, the 
2.17 	court may enter an adjudication of guilt and proceed as otherwise provided. The court 
2.18 	may, in its discretion, dismiss the proceedings against the person and discharge the 
2.19 	person from probation before the expiration of the maximum period prescribed for the 
2.20 	person's probation. If during the period of probation the person does not violate any of the 
2.21 	conditions of the probation, then upon expiration of the period the court shall discharge the 
2.22 	person and dismiss the proceedings against that person. Discharge and dismissal under this 
2.23 	subdivision shall be without court adjudication of guilt, but a not public record of it shall 
2.24 	be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts 
2.25 	in determining the merits of subsequent proceedings against the person. The not public 
2.26 	record may also be opened only upon court order for purposes of a criminal investigation, 
2.27 	prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections 
2.28 	authorities, the bureau shall notify the requesting party of the existence of the not public 
2.29 	record and the right to seek a court order to open it pursuant to this section. The court shall 
2.30 	forward a record of any discharge and dismissal under this subdivision to the bureau which 
2.31 	shall make and maintain the not public record of it as provided under this subdivision. The 
2.32 	discharge or dismissal shall not be deemed a conviction for purposes of disqualifications 
2.33 	or disabilities imposed by law upon conviction of a crime or for any other purpose. 
2.34 	For purposes of this subdivision, "not public" has the meaning given in section  
2.35 	13.02, subdivision 8a. 

2.36 	EFFECTIVE DATE. This section is effective July 1, 2006.

3.1 	Sec. 4. Minnesota Statutes 2005 Supplement, section 171.18, subdivision 1, is 
3.2 	amended to read:
3.3 		Subdivision 1.Offenses. The commissioner may suspend the license of a driver 
3.4 	without preliminary hearing upon a showing by department records or other sufficient 
3.5 	evidence that the licensee:
3.6 	(1) has committed an offense for which mandatory revocation of license is required 
3.7 	upon conviction;
3.8 	(2) has been convicted by a court for violating a provision of chapter 169 or 
3.9 	an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and 
3.10 	department records show that the violation contributed in causing an accident resulting in 
3.11 	the death or personal injury of another, or serious property damage;
3.12 	(3) is an habitually reckless or negligent driver of a motor vehicle;
3.13 	(4) is an habitual violator of the traffic laws;
3.14 	(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
3.15 	(6) has permitted an unlawful or fraudulent use of the license;
3.16 	(7) has committed an offense in another state that, if committed in this state, would 
3.17 	be grounds for suspension;
3.18 	(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), 
3.19 	within five years of a prior conviction under that section;
3.20 	(9) has committed a violation of section 171.22, except that the commissioner may 
3.21 	not suspend a person's driver's license based solely on the fact that the person possessed a 
3.22 	fictitious or fraudulently altered Minnesota identification card;
3.23 	(10) has failed to appear in court as provided in section 169.92, subdivision 4;
3.24 	(11) has failed to report a medical condition that, if reported, would have resulted in 
3.25 	cancellation of driving privileges;
3.26 	(12) has been found to have committed an offense under section 169A.33; ~~or~~
3.27 	(13) has paid or attempted to pay a fee required under this chapter for a license or 
3.28 	permit by means of a dishonored check issued to the state or a driver's license agent, 
3.29 	which must be continued until the registrar determines or is informed by the agent that the 
3.30 	dishonored check has been paid in full~~.~~;
3.31 	(14) has committed a violation of section 171.24, subdivision 1, within a period of 
3.32 	12 months of three prior convictions under that section; or
3.33 	(15) has committed a violation of section 171.24, subdivision 2, within a period of 
3.34 	12 months of three prior convictions under that section and the person's license was 
3.35 	revoked for a violation of section 169.792.
4.1 	However, an action taken by the commissioner under clause (2) or (5) must conform to 
4.2 	the recommendation of the court when made in connection with the prosecution of the 
4.3 	licensee.

4.4 	Sec. 5. Minnesota Statutes 2005 Supplement, section 171.29, subdivision 2, is 
4.5 	amended to read:
4.6 		Subd. 2.Reinstatement fees and surcharges allocated and appropriated. (a) 
4.7 	An individual whose driver's license has been revoked as provided in subdivision 1, 
4.8 	except under section 169A.52, 169A.54, or 609.21, must pay a $30 fee before the driver's 
4.9 	license is reinstated.
4.10 	(b) A person whose driver's license has been revoked as provided in subdivision 1 
4.11 	under section 169A.52, 169A.54, or 609.21, must pay a $250 fee plus a $40 surcharge 
4.12 	before the driver's license is reinstated, except as provided in paragraph (f). Beginning 
4.13 	July 1, 2002, the surcharge is $145. Beginning July 1, 2003, the surcharge is $430. The 
4.14 	$250 fee is to be credited as follows:
4.15 	(1) Twenty percent must be credited to the driver services operating account in the 
4.16 	special revenue fund as specified in section 299A.705.
4.17 	(2) Sixty-seven percent must be credited to the general fund.
4.18 	(3) Eight percent must be credited to a separate account to be known as the Bureau 
4.19 	of Criminal Apprehension account. Money in this account may be appropriated to the 
4.20 	commissioner of public safety and the appropriated amount must be apportioned 80 percent 
4.21 	for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.
4.22 	(4) Five percent must be credited to a separate account to be known as the vehicle 
4.23 	forfeiture account, which is created in the special revenue fund. The money in the account 
4.24 	is annually appropriated to the commissioner for costs of handling vehicle forfeitures.
4.25 	(c) The revenue from $50 of each surcharge, or $12.50 for each year of reinstatement 
4.26 	under paragraph (f), must be credited to a separate account to be known as the traumatic 
4.27 	brain injury and spinal cord injury account. The money in the account is annually 
4.28 	appropriated to the commissioner of health to be used as follows: 83 percent for contracts 
4.29 	with a qualified community-based organization to provide information, resources, 
4.30 	and support to assist persons with traumatic brain injury and their families to access 
4.31 	services, and 17 percent to maintain the traumatic brain injury and spinal cord injury 
4.32 	registry created in section 144.662. For the purposes of this paragraph, a "qualified 
4.33 	community-based organization" is a private, not-for-profit organization of consumers of 
4.34 	traumatic brain injury services and their family members. The organization must be 
5.1 	registered with the United States Internal Revenue Service under section 501(c)(3) as a 
5.2 	tax-exempt organization and must have as its purposes:
5.3 	(i) the promotion of public, family, survivor, and professional awareness of the 
5.4 	incidence and consequences of traumatic brain injury;
5.5 	(ii) the provision of a network of support for persons with traumatic brain injury, 
5.6 	their families, and friends;
5.7 	(iii) the development and support of programs and services to prevent traumatic 
5.8 	brain injury;
5.9 	(iv) the establishment of education programs for persons with traumatic brain 
5.10 	injury; and
5.11 	(v) the empowerment of persons with traumatic brain injury through participation 
5.12 	in its governance.
5.13 	A patient's name, identifying information, or identifiable medical data must not be 
5.14 	disclosed to the organization without the informed voluntary written consent of the patient 
5.15 	or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.
5.16 	(d) The remainder of the surcharge must be credited to a separate account to be 
5.17 	known as the remote electronic alcohol-monitoring program account. The commissioner 
5.18 	shall transfer the balance of this account to the commissioner of finance on a monthly 
5.19 	basis for deposit in the general fund.
5.20 	(e) When these fees are collected by a licensing agent, appointed under section 
5.21 	171.061, a handling charge is imposed in the amount specified under section 171.061, 
5.22 	subdivision 4. The reinstatement fees and surcharge must be deposited in an approved 
5.23 	depository as directed under section 171.061, subdivision 4.
5.24 	(f) A person whose driver's license has been revoked as provided in subdivision 1 
5.25 	under section 169A.52, 169A.54, or 609.21, may choose to pay 25 percent of the total 
5.26 	amount of the surcharge and fee required under paragraph (b) to reinstate the person's 
5.27 	driver's license, provided the person meets all other requirements of reinstatement. If a 
5.28 	person chooses to pay 25 percent of the total, the driver's license must expire after one 
5.29 	year. The person must pay an additional 25 percent of the total to extend the license for 
5.30 	an additional year for each of the next two years, provided the person is otherwise still 
5.31 	eligible for the license. After a final 25 percent payment of the surcharge and fee, the 
5.32 	license may be renewed on a standard schedule, as measured from the date of original 
5.33 	license issuance. A handling charge may be imposed for each installment payment.

5.34 	EFFECTIVE DATE. This section is effective July 1, 2006.

6.1 	Sec. 6. Minnesota Statutes 2005 Supplement, section 244.055, subdivision 2, is 
6.2 	amended to read:
6.3 		Subd. 2.Conditional release of certain nonviolent controlled substance 
6.4 	offenders. An offender who has been committed to the commissioner's custody may 
6.5 	petition the commissioner for conditional release from prison before the offender's 
6.6 	scheduled supervised release date or target release date if:
6.7 	(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or 
6.8 	2a; 152.022, subdivision 2; 152.023; 152.024; or 152.025;
6.9 	(2) the offender committed the crime as a result of a controlled substance addiction, 
6.10 	and not primarily for profit;
6.11 	(3) the offender has served at least 36 months or one-half of the offender's term of 
6.12 	imprisonment, whichever is less;
6.13 	(4) the offender successfully completed a chemical dependency treatment program 
6.14 	of the type described in this section while in prison;
6.15 	(5) the offender has not previously been conditionally released under this section; and
6.16 	(6) the offender has not within the past ten years been convicted or ~~adjudicated~~ 
6.17 	~~delinquent~~ received an executed adult sentence pursuant to an extended jurisdiction 
6.18 	juvenile disposition under section 260B.130  for a violent crime as defined in section 
6.19 	609.1095 other than the current conviction for the controlled substance offense.

6.20 	EFFECTIVE DATE. This section is effective July 1, 2006.

6.21 	Sec. 7. Minnesota Statutes 2005 Supplement, section 244.055, subdivision 10, is 
6.22 	amended to read:
6.23 		Subd. 10.Notice. Upon receiving an offender's petition for release under 
6.24 	subdivision 2, the commissioner shall notify the prosecuting authority responsible for the 
6.25 	offender's conviction and the sentencing court. The commissioner shall give the authority 
6.26 	and court a reasonable opportunity to comment on the offender's potential release. If the 
6.27 	authority or court elects to comment, the comments must specify the reasons for the 
6.28 	authority or court's position. This subdivision applies only to offenders sentenced before 
6.29 	July 1, 2005.

6.30 	EFFECTIVE DATE. This section is effective July 1, 2006.

6.31 	Sec. 8. Minnesota Statutes 2004, section 609.52, subdivision 3, is amended to read:
6.32 		Subd. 3.Sentence. Whoever commits theft may be sentenced as follows:
7.1 	(1) to imprisonment for not more than 20 years or to payment of a fine of not more 
7.2 	than $100,000, or both, if the property is a firearm, or the value of the property or services 
7.3 	stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause 
7.4 	(3), (4), (15), or (16); or
7.5 	(2) to imprisonment for not more than ten years or to payment of a fine of not more 
7.6 	than $20,000, or both, if the value of the property or services stolen exceeds ~~$2,500~~
7.7 	$5,000, or if the property stolen was an article representing a trade secret, an explosive or 
7.8 	incendiary device, or a controlled substance listed in schedule I or II pursuant to section  
7.9 	152.02 with the exception of marijuana; or 
7.10 	(3) to imprisonment for not more than five years or to payment of a fine of not 
7.11 	more than $10,000, or both, if:
7.12 	(a) the value of the property or services stolen is more than ~~$500~~ $1,000 but not 
7.13 	more than ~~$2,500~~ $5,000; or
7.14 	(b) the property stolen was a controlled substance listed in schedule III, IV, or V 
7.15 	pursuant to section  152.02; or 
7.16 	(c) the value of the property or services stolen is more than ~~$250~~ $500 but not more 
7.17 	than ~~$500~~ $1,000 and the person has been convicted within the preceding five years for an 
7.18 	offense under this section, section  256.98;  268.182;  609.24;  609.245;  609.53;  609.582, 
7.19 	subdivision 1, 2, or 3;  609.625;  609.63;  609.631; or  609.821, or a statute from another 
7.20 	state, the United States, or a foreign jurisdiction, in conformity with any of those sections, 
7.21 	and the person received a felony or gross misdemeanor sentence for the offense, or a 
7.22 	sentence that was stayed under section  609.135 if the offense to which a plea was entered 
7.23 	would allow imposition of a felony or gross misdemeanor sentence; or 
7.24 	(d) the value of the property or services stolen is not more than ~~$500~~ $1,000, and 
7.25 	any of the following circumstances exist:
7.26 	(i) the property is taken from the person of another or from a corpse, or grave or 
7.27 	coffin containing a corpse; or
7.28 	(ii) the property is a record of a court or officer, or a writing, instrument or record 
7.29 	kept, filed or deposited according to law with or in the keeping of any public officer or 
7.30 	office; or
7.31 	(iii) the property is taken from a burning, abandoned, or vacant building or upon its 
7.32 	removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, 
7.33 	or the proximity of battle; or
7.34 	(iv) the property consists of public funds belonging to the state or to any political 
7.35 	subdivision or agency thereof; or
7.36 	(v) the property stolen is a motor vehicle; or
8.1 	(4) to imprisonment for not more than one year or to payment of a fine of not more 
8.2 	than $3,000, or both, if the value of the property or services stolen is more than ~~$250~~ $500
8.3 	but not more than ~~$500~~ $1,000; or
8.4 	(5) in all other cases where the value of the property or services stolen is ~~$250~~
8.5 	$500 or less, to imprisonment for not more than 90 days or to payment of a fine of not 
8.6 	more than $1,000, or both, provided, however, in any prosecution under subdivision 2, 
8.7 	clauses (1), (2), (3), (4), and (13), the value of the money or property or services received 
8.8 	by the defendant in violation of any one or more of the above provisions within any 
8.9 	six-month period may be aggregated and the defendant charged accordingly in applying 
8.10 	the provisions of this subdivision; provided that when two or more offenses are committed 
8.11 	by the same person in two or more counties, the accused may be prosecuted in any county 
8.12 	in which one of the offenses was committed for all of the offenses aggregated under 
8.13 	this paragraph.

8.14 	Sec. 9. Minnesota Statutes 2004, section 609.535, subdivision 2a, is amended to read:
8.15 		Subd. 2a.Penalties. (a) A person who is convicted of issuing a dishonored check 
8.16 	under subdivision 2 may be sentenced as follows:
8.17 	(1) to imprisonment for not more than five years or to payment of a fine of not more 
8.18 	than $10,000, or both, if the value of the dishonored check, or checks aggregated under 
8.19 	paragraph (b), is more than ~~$500~~ $1,000;
8.20 	(2) to imprisonment for not more than one year or to payment of a fine of not more 
8.21 	than $3,000, or both, if the value of the dishonored check, or checks aggregated under 
8.22 	paragraph (b), is more than ~~$250~~ $500 but not more than ~~$500~~ $1,000; or
8.23 	(3) to imprisonment for not more than 90 days or to payment of a fine of not more 
8.24 	than $1,000, or both, if the value of the dishonored check, or checks aggregated under 
8.25 	paragraph (b), is not more than ~~$250~~ $500.
8.26 	(b) In a prosecution under this subdivision, the value of dishonored checks issued 
8.27 	by the defendant in violation of this subdivision within any six-month period may be 
8.28 	aggregated and the defendant charged accordingly in applying this section. When two or 
8.29 	more offenses are committed by the same person in two or more counties, the accused 
8.30 	may be prosecuted in any county in which one of the dishonored checks was issued for all 
8.31 	of the offenses aggregated under this paragraph.

8.32 	Sec. 10. Minnesota Statutes 2004, section 609.595, subdivision 1, is amended to read:
8.33 		Subdivision 1.Criminal damage to property in the first degree. Whoever 
8.34 	intentionally causes damage to physical property of another without the latter's consent 
9.1 	may be sentenced to imprisonment for not more than five years or to payment of a fine of 
9.2 	not more than $10,000, or both, if:
9.3 	(1) the damage to the property caused a reasonably foreseeable risk of bodily 
9.4 	harm; or
9.5 	(2) the property damaged belongs to a common carrier and the damage impairs the 
9.6 	service to the public rendered by the carrier; or
9.7 	(3) the damage reduces the value of the property by more than ~~$500~~ $1,000 measured 
9.8 	by the cost of repair and replacement; or
9.9 	(4) the damage reduces the value of the property by more than ~~$250~~ $500 measured 
9.10 	by the cost of repair and replacement and the defendant has been convicted within the 
9.11 	preceding three years of an offense under this subdivision or subdivision 2.
9.12 	In any prosecution under clause (3), the value of any property damaged by the 
9.13 	defendant in violation of that clause within any six-month period may be aggregated and 
9.14 	the defendant charged accordingly in applying the provisions of this section; provided that 
9.15 	when two or more offenses are committed by the same person in two or more counties, the 
9.16 	accused may be prosecuted in any county in which one of the offenses was committed for 
9.17 	all of the offenses aggregated under this paragraph.

9.18 	Sec. 11. Minnesota Statutes 2004, section 609.595, subdivision 2, is amended to read:
9.19 		Subd. 2.Criminal damage to property in the third degree. (a) Except as 
9.20 	otherwise provided in subdivision 1a, whoever intentionally causes damage to another 
9.21 	person's physical property without the other person's consent may be sentenced to 
9.22 	imprisonment for not more than one year or to payment of a fine of not more than $3,000, 
9.23 	or both, if the damage reduces the value of the property by more than ~~$250~~ $500 but not 
9.24 	more than ~~$500~~ $1,000 as measured by the cost of repair and replacement.
9.25 	(b) Whoever intentionally causes damage to another person's physical property 
9.26 	without the other person's consent because of the property owner's or another's actual 
9.27 	or perceived race, color, religion, sex, sexual orientation, disability as defined in section  
9.28 	363A.03, age, or national origin may be sentenced to imprisonment for not more than one 
9.29 	year or to payment of a fine of not more than $3,000, or both, if the damage reduces the 
9.30 	value of the property by not more than ~~$250~~ $500. 
9.31 	(c) In any prosecution under paragraph (a), the value of property damaged by the 
9.32 	defendant in violation of that paragraph within any six-month period may be aggregated 
9.33 	and the defendant charged accordingly in applying this section. When two or more 
9.34 	offenses are committed by the same person in two or more counties, the accused may 
10.1 	be prosecuted in any county in which one of the offenses was committed for all of the 
10.2 	offenses aggregated under this paragraph.

10.3 	Sec. 12. [609B.01] RETENTION OF NONCONVICTION AND FAVORABLE 
10.4 	RESOLUTION DATA.
10.5 	This chapter provides for the nonpublic retention of data relating to (1) arrests that 
10.6 	do not lead to prosecution and (2) charged offenses resolved in favor of the subject of the 
10.7 	data. Nothing in this chapter authorizes the destruction or sealing of data. The data shall 
10.8 	remain accessible to law enforcement and may be made public for any of the purposes set 
10.9 	forth in section 13.82, subdivision 15, or pursuant to court order.

10.10 	Sec. 13. [609B.02] ARREST DATA NOT LEADING TO PROSECUTION.
10.11 		Subdivision 1.Reclassification of arrest data as private arrest data. On the 
10.12 	expiration of 180 days from the date of an arrest, arrest data pertaining to the person 
10.13 	arrested shall be after that classified as private arrest data as defined in subdivision 2 
10.14 	unless the arrest has lead to the prosecution of the subject of the data.
10.15 		Subd. 2.Definition of private arrest data. Data reclassified as private arrest data 
10.16 	pursuant to subdivision 1 shall be governed by the definition of private data on individuals 
10.17 	under section 13.02, subdivision 12, except that the data shall not be released or made 
10.18 	accessible to the public unless done so by the arresting law enforcement agency for a 
10.19 	purpose set forth in section 13.82, subdivision 15, or pursuant to a court order.
10.20 		Subd. 3.Responsibility for reclassification. It shall be the responsibility of the 
10.21 	arresting law enforcement agency to reclassify the arrest data in the agency's possession 
10.22 	as private arrest data and to notify all other criminal justice agencies enumerated in section 
10.23 	13.02, subdivision 3a, to which it has transmitted the data, including the Bureau of 
10.24 	Criminal Apprehension, that the arrest data has been reclassified as private arrest data. 
10.25 	Any agency receiving the notification shall reclassify the arrest data in its possession 
10.26 	regarding the subject of the notification, if any, as private arrest data.

10.27 	Sec. 14. [609B.03] DATA ON OFFENSES RESOLVED IN FAVOR OF 
10.28 	INDIVIDUAL.
10.29 		Subdivision 1.Reclassification of data resolved in favor of individual. Upon the 
10.30 	favorable resolution of a criminal action, as defined in subdivision 4, all criminal justice 
10.31 	agency records pertaining to the action shall after that be classified as private data on 
10.32 	actions favorably resolved, as defined in subdivision 2, and all judicial records shall after 
10.33 	that be made inaccessible to the public, unless the prosecuting attorney upon motion 
11.1 	with not less than five days' notice to the person or the person's attorney demonstrates 
11.2 	to the satisfaction of the court that the interests of justice require otherwise, or the court 
11.3 	on its own motion with not less than five days' notice to the person or the person's 
11.4 	attorney determines that the interests of justice require otherwise and states the reasons for 
11.5 	the determination on the record.
11.6 		Subd. 2.Definition of data on actions favorably resolved. Data reclassified as 
11.7 	private data pursuant to subdivision 1 shall be governed by the definition of private data on 
11.8 	individuals under section 13.02, subdivision 12, except that the data shall not be released 
11.9 	or made accessible to the public unless done so by the prosecuting authority for a purpose 
11.10 	set forth in section 13.82, subdivision 15, or pursuant to a court order.
11.11 		Subd. 3.Responsibility of reclassification. Upon the favorable resolution of an 
11.12 	action as defined in subdivision 4, it is the responsibility of the clerk of court to make 
11.13 	the judicial records pertaining to the action inaccessible to the public and to notify the 
11.14 	superintendent of the Bureau of Criminal Apprehension, the Department of Corrections, 
11.15 	the prosecuting authority, and the heads of all appropriate law enforcement agencies, and, 
11.16 	unless the court has directed otherwise, that the criminal justice agency records related to 
11.17 	the action shall be classified as private data.
11.18 		Subd. 4.Resolutions resulting in reclassification. For purposes of subdivision 1, a 
11.19 	criminal action against a person is resolved in favor of that person if:
11.20 	(1) charges against a person were dismissed;
11.21 	(2) the person was acquitted;
11.22 	(3) charges against the person were dismissed pursuant to a continuance for 
11.23 	dismissal;
11.24 	(4) charges against the person were dismissed upon successful completion of a 
11.25 	pretrial diversion program or pursuant to section 152.18;
11.26 	(5) one year has passed since the person plead guilty to a petty misdemeanor;
11.27 	(6) two years have passed since a stay of adjudication has been dismissed; or
11.28 	(7) three years have passed since a stay of imposition was vacated and dismissed.
11.29 		Subd. 5.Intervening charges. For purposes of subdivision 4, clauses (5) to (7), 
11.30 	a criminal action against a person shall not be reclassified as private data on actions 
11.31 	favorably resolved if new criminal charges are brought against that person during the 
11.32 	stated time period.
11.33 		Subd. 6.Motion for reclassification. A person whose criminal action was 
11.34 	favorably resolved as set forth in subdivision 4, but prior to the effective date of sections 
11.35 	609B.01 to 609B.03, may upon motion with not less than five days' notice to the 
12.1 	appropriate prosecuting authority apply for an order to reclassify the criminal justice 
12.2 	agency records relating to the action as private data.

12.3 	Sec. 15. Minnesota Statutes 2004, section 631.425, subdivision 3, is amended to read:
12.4 		Subd. 3.Continuation of employment. If the person committed under this 
12.5 	section has been regularly employed, the sheriff shall arrange for a continuation of the 
12.6 	employment insofar as possible without interruption. If the person is not employed, the 
12.7 	court may designate a suitable person or agency to make reasonable efforts to secure some 
12.8 	suitable employment for that person. An inmate employed under this section must be paid 
12.9 	a fair and reasonable wage for work performed and must work at fair and reasonable hours 
12.10 	per day and per week. There must not be a fee or charge for the inmate to participate in 
12.11 	any employment under this section.

12.12 	Sec. 16. COLLATERAL CONSEQUENCES COMMITTEE.
 12.13 		Subdivision 1.Establishment; duties. A collateral consequences committee is 
12.14 	established to study and propose adjusting collateral consequences of adult convictions and 
12.15 	juvenile adjudications. The committee shall identify the uses of collateral consequences of 
12.16 	convictions and adjudications and develop recommendations to the legislature to mitigate 
12.17 	the effects of those collateral consequences.
12.18 		Subd. 2.Resources. The committee may use legislative staff to provide legal 
12.19 	counsel, research, and secretarial and clerical assistance. The Department of Corrections 
12.20 	shall provide technical assistance to the committee on request, with the assistance of the 
12.21 	commissioner of public safety and the Sentencing Guidelines Commission.
12.22 		Subd. 3.Membership. The committee consists of:
12.23 	(1) two senators, one from each political party, appointed by the senate Subcommittee 
12.24 	on Committees of the Committee on Rules and Administration and two members of the 
12.25 	house of representatives, one from each political party, appointed by the speaker;
12.26 	(2) one representative from each of the following groups:
12.27 	(i) crime victim advocates, appointed by the commissioner of public safety;
12.28 	(ii) county attorneys, appointed by the County Attorneys Association;
12.29 	(iii) city attorneys, appointed by the League of Minnesota Cities;
12.30 	(iv) district court judges, appointed by the Judicial Council;
12.31 	(v) private criminal defense attorneys, appointed by the Minnesota Association of 
12.32 	Criminal Defense Lawyers;
12.33 	(vi) probation officers, appointed by the Minnesota Association of County Probation 
12.34 	Officers; and
13.1 	(vii) the state public defender or a designee; and
13.2 	(3) the commissioner of public safety, or a designee, who shall chair the group.
13.3 		Subd. 4.Recommendations. The committee shall present the legislature with 
13.4 	recommendations in the form of a bill that amends the statutes it has identified as in need 
13.5 	of revision no later than January 15, 2007. The bill shall be presented to the chairs of 
13.6 	the senate Crime Prevention and Public Safety Committee and the house Public Safety 
13.7 	and Finance Committee.

13.8 	Sec. 17.  REPEALER.
 13.9 	Minnesota Statutes 2005 Supplement, section 244.055, subdivision 11, is repealed.

13.10 	EFFECTIVE DATE. This section is effective July 1, 2006.

13.11 	Sec. 18. EFFECTIVE DATE.
 13.12 	Sections 8 to 11 and 15 are effective August 1, 2006, and apply to crimes committed 
13.13 	on or after that date.