Subdivision 1. Definitions. For purposes of this chapter:

(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. Statement of purpose. This chapter contains cross-references to Minnesota Statutes imposing collateral sanctions. This chapter provides quick access to the cross-referenced collateral sanctions by using the following categories:

(1) collateral sanctions relating to employment and licensing;

(2) collateral sanctions relating to teaching;

(3) collateral sanctions relating to nursing and other health care licenses;

(4) collateral sanctions relating to transportation;

(5) collateral sanctions relating to elections;

(6) collateral sanctions relating to carriers;

(7) collateral sanctions relating to miscellaneous licensing provisions;

(8) collateral sanctions relating to liquor;

(9) collateral sanctions relating to gambling;

(10) collateral sanctions relating to fiduciary service and public office vacancies;

(11) collateral sanctions relating to local government;

(12) collateral sanctions relating to metropolitan area officers and peace officers;

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

(14) collateral sanctions relating to prison program eligibility;

(15) collateral sanctions relating to offender registration;

(16) collateral sanctions relating to crimes against a person; crimes of violence;

(17) collateral sanctions relating to possession of firearms, explosives, and similar devices;

(18) collateral sanctions relating to services and benefits;

(19) collateral sanctions relating to property rights;

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

(21) collateral sanctions relating to recreational activities; and

(22) collateral sanctions relating to game and fish laws.

Subd. 3. Cautionary language. The following cautionary language should be noted:

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

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

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

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

History: 2005 c 136 art 14 s 18