SB 304

This bill addresses the issue of collateral consequences to a conviction or finding

of delinquency. The bill defines a collateral consequence as a disqualification or a

penalty, disability, or disadvantage imposed by operation of law that a person suffers

as a result of being convicted of, or found delinquent for, an offense. A collateral

consequence does not include imprisonment, probation, imposition of fine,

assessment, or forfeiture, or costs of prosecution.

The bill requires the Legislative Reference Bureau and the Legislative Council

staff, under the direction of the Joint Review Committee on Criminal Penalties, to

identify and create a list of collateral consequences that accrue under state law and

administrative rules. Under the bill, a person who is charged with or indicted for an

offense must receive information about collateral consequences when he or she is

charged or indicted.

If a person is convicted or adjudicated delinquent, the bill requires the

sentencing court to inform the person that collateral consequences may apply as a

result of the conviction or adjudication and that there may be ways to obtain relief

from the collateral consequences and to let the person know when he or she may vote

and where he or she may find assistance for relief from collateral consequences from

a government or nonprofit agency. Under the bill, if a court fails to provide this

information to a person, or if the person does not receive information about collateral

consequences when he or she is charged or indicted, that is not grounds to invalidate

a plea or a conviction or adjudication of delinquency or grounds for money damages

or a claim for relief from any collateral consequence.

Under the bill, a conviction or adjudication of delinquency in another state has

the same effect as a conviction or adjudication of delinquency in this state for an

offense that has the same elements. A pardon or vacation of a conviction or

adjudication of delinquency that occurs in another state has the same effect as a

pardon or vacation of a conviction or adjudication of delinquency in this state.

Under the bill, a person who has been convicted of, or adjudicated delinquent

for, an offense may petition the sentencing court, at the time of sentencing, or the

court for the county in which he or she lives, after sentencing, for an order of limited

relief from one or more collateral consequences that relate to the person's

employment, education, housing, public benefits, or occupational licensing. If the

court hearing the petition determines that granting the petition of relief would

materially assist the person in obtaining employment, education, housing, public

benefits, or occupational licensing and not put the public at unreasonable risk, the

court may order that certain collateral consequences not apply to the person. The

court may not relieve a person of his or her duty to register as a sex offender or, if the

person is eligible to apply for an occupational driver's license, reinstate driving

privileges.

Under the bill, any person may petition the court for the county in which he or