Senate Floor Amendment

1ss0002a11

1.1Senator Limmer moved to amend S.F. No. 2 as follows:
1.2Page 563, line 28, delete "An individual" and insert "A child care staff person"
1.3Page 564, delete section 26, and insert:

1.4    "Sec. 26. Minnesota Statutes 2016, section 245C.15, subdivision 1, is amended to read:
1.5    Subdivision 1. Permanent disqualification. (a) An individual is disqualified under
1.6section 245C.14 if: (1) regardless of how much time has passed since the discharge of the
1.7sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless of
1.8the level of the offense, the individual has committed any of the following offenses: sections
1.9243.166 (violation of predatory offender registration law); 609.185 (murder in the first
1.10degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
1.11(manslaughter in the first degree); 609.205 (manslaughter in the second degree); a felony
1.12offense under 609.221 or 609.222 (assault in the first or second degree); a felony offense
1.13under sections 609.2242 and 609.2243 (domestic assault), spousal abuse, child abuse or
1.14neglect, or a crime against children; 609.2247 (domestic assault by strangulation); 609.228
1.15(great bodily harm caused by distribution of drugs); 609.245 (aggravated robbery); 609.25
1.16(kidnapping); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder
1.17of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third
1.18degree); 609.322 (solicitation, inducement, and promotion of prostitution); 609.324,
1.19subdivision 1
(other prohibited acts); 609.342 (criminal sexual conduct in the first degree);
1.20609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct
1.21in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451
1.22(criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct);
1.23609.352 (solicitation of children to engage in sexual conduct); 609.365 (incest); a felony
1.24offense under 609.377 (malicious punishment of a child); a felony offense under 609.378
1.25(neglect or endangerment of a child); 609.561 (arson in the first degree); 609.66, subdivision
1.261e
(drive-by shooting); 609.749, subdivision 3, 4, or 5 (felony-level stalking); 609.855,
1.27subdivision 5
(shooting at or in a public transit vehicle or facility); 617.23, subdivision 2,
1.28clause (1), or subdivision 3, clause (1) (indecent exposure involving a minor); 617.246 (use
1.29of minors in sexual performance prohibited); or 617.247 (possession of pictorial
1.30representations of minors); or, for a child care staff person, conviction of a crime that would
1.31make the individual ineligible for employment under United States Code, title 42, section
1.329858F, regardless of whether a period of disqualification under subdivisions 2 to 4, would
1.33apply if the individual were not a child care staff person.
2.1    (b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
2.2offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes,
2.3permanently disqualifies the individual under section 245C.14.
2.4    (c) An individual's offense in any other state or country, where the elements of the offense
2.5are substantially similar to any of the offenses listed in paragraph (a), permanently disqualifies
2.6the individual under section 245C.14.
2.7    (d) When a disqualification is based on a judicial determination other than a conviction,
2.8the disqualification period begins from the date of the court order. When a disqualification
2.9is based on an admission, the disqualification period begins from the date of an admission
2.10in court. When a disqualification is based on an Alford Plea, the disqualification period
2.11begins from the date the Alford Plea is entered in court. When a disqualification is based
2.12on a preponderance of evidence of a disqualifying act, the disqualification date begins from
2.13the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
2.14a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
2.15    (e) If the individual studied commits one of the offenses listed in paragraph (a) that is
2.16specified as a felony-level only offense, but the sentence or level of offense is a gross
2.17misdemeanor or misdemeanor, the individual is disqualified, but the disqualification
2.18look-back period for the offense is the period applicable to gross misdemeanor or
2.19misdemeanor offenses.
2.20(f) A child care staff person shall be disqualified as long as the individual is registered,
2.21or required to be registered, on a state sex offender registry or repository or the National
2.22Sex Offender Registry.
2.23EFFECTIVE DATE.This section is effective October 1, 2017."
2.24Page 571, line 19, after "individual" insert "is a child care staff person who"
2.25Page 577, delete section 33
2.26Renumber the sections in sequence and correct the internal references
2.27Amend the title accordingly
2.28The motion prevailed. #did not prevail. So the amendment was #not adopted.