Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 204.1 EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes 204.2 committed on or after that date. 204.3 Sec. 3. Minnesota Statutes 2022, section 609A.03, subdivision 9, is amended to read: 204.4 Subd. 9. Stay of order; appeal. An expungement order issued under this section shall 204.5 be stayed automatically for 60 days after the order is filed and, if the order is appealed, 204.6 during the appeal period. A person or an agency or jurisdiction whose records would be 204.E affected by the order may appeal the order within 60 days of service of notice of filing of 204.8 the order. An agency or jurisdiction or its officials or employees need not file a cost bond 204.9 or supersedeas bond in order to further stay the proceedings or file an appeal. 204.10 EFFECTIVE DATE. This section is effective August 1, 2023. 204.11 Sec. 4. f 609A.051 AUTOMATIC EXPUNGEMENT OF CERTAIN CANNABIS 204.12 OFFENSES. 204.13 Subdivision 1. Eligibility; dismissal, exoneration, or conviction of nonfelony cannabis 204.14 offenses. (a) A person is eligible for an order of expungement: 204.15 (1) upon the dismissal and discharge of proceedings against a person under section 204.16 152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession 204.17 of marijuana or tetrahydrocannabinols; 204.18 (2) if the person was convicted of or received a stayed sentence for a violation of section 204.19 152.027, subdivision 3 or 4; 204.20 (3) if the person was arrested for possession of marijuana or tetrahydrocannabinols and 204.21 all charges were dismissed prior to a determination of probable cause for charges under 204.22 section 152.021, subdivision 2, paragraph (a), clause (6); 152.022, subdivision 2, paragraph 204.23 (a), clause (6); 152.023, subdivision 2, paragraph (a), clause (5); 152.024, subdivision 2, 204.24 clause (2); 152.025, subdivision 2, clause (1); or 152.027, subdivision 3 or 4; or 204.25 (4) if all pending actions or proceedings involving the possession of marijuana or 204.26 tetrahydrocannabinols were resolved in favor of the person for charges under section 152.021, 204.27 subdivision 2, paragraph (a), clause (6); 152.022, subdivision 2, paragraph (a), clause (6); 204.28 152.023, subdivision 2, paragraph (a), clause (5); 152.024, subdivision 2, clause (2); 152.025, 204.29 subdivision 2, clause (1); or 152.027, subdivision 3 or 4. 204.30 (b) For purposes of this section: Article 5 Sec. 4. 204