Section 609B.050 Definitions; Purpose; Cross-References
609B.050 DEFINITIONS; PURPOSE; CROSS-REFERENCES.
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