D R A F T
FOR
DISCUSSION ONLY
UNIFORM ACT ON COLLATERAL CONSEQUENCES OF
CONVICTION ACT
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
April 27,
2009 Draft for March 6-8, 2009 MeetingConference
Call
Without Prefatory Notes or Comments
Copyright 82009
By
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
____________________________________________________________________________________________
The
ideas and conclusions set forth in this draft, including the proposed statutory
language and any comments or reporter=s
notes, have not been passed upon by the National Conference of Commissioners on
February
24April 27, 2009
DRAFTING
COMMITTEE ON UNIFORM ACT ON COLLATERAL
CONSEQUENCES
OF CONVICTION ACT
The
Committee appointed by and representing the National Conference of
Commissioners on Uniform State Laws in preparing this Act consists of the
following individuals:
RICHARD T. CASSIDY,
ANN WALSH BRADLEY,
JOHN M. CARY,
GREG J. CURTIS, P.O. Box 2084,
Sandy, UT 84091
BRIAN K. FLOWERS, Council of the
District of Columbia, 1350 Pennsylvania Ave. NW, Suite 4, Washington, DC 20004
JESSICA FRENCH, Division of
Legislative Services, 910 Capitol St., 2nd Floor, General Assembly Building,
Richmond, VA 23219
ROGER C. HENDERSON, 5861 N.
Paseo Niquel, Tucson, AZ 85718
H. LANE KNEEDLER,
HARRY D. LEINENWEBER,
MARIAN P. OPALA, State Capitol,
Room 238,
RAYMOND G. SANCHEZ,
ALEXANDRA T. SCHIMMER, Office of
the Ohio Attorney General, 30 E. Broad Street, 17th Flr., Columbus, OH 43215-3428
PAULA TACKETT, Legislative
Council Service, State Capitol, Room 411, Santa Fe, NM 87501
MICHELE L. TIMMONS, Office of
the Revisor of Statutes, 700 State Office Bldg., 100 Rev. Dr. Martin Luther
King Jr. Blvd., St. Paul, MN 55155
JACK CHIN, University of Arizona, 1201 Speedway, P.O. Box 210176, Tucson, AZ 85721, Reporter
EX OFFICIO
MARTHA LEE WALTERS,
JACK DAVIES,
AMERICAN BAR ASSOCIATION ADVISOR
MARGARET COLGATE LOVE,
RODGER DREW,
THOMAS EARL PATTON,
CHARLES M. RUCHELMAN,
EXECUTIVE DIRECTOR
JOHN A. SEBERT,
Copies of this Act may be obtained from:
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
312/450-6600
www.nccusl.org
UNIFORM
ACT ON
COLLATERAL CONSEQUENCES OF CONVICTION ACT
TABLE
OF CONTENTS
SECTION 3.
LIMITATION ON SCOPE
SECTION 4.
IDENTIFICATION, COLLECTION, AND PUBLICATION OF LAWS REGARDING COLLATERAL
CONSEQUENCES
SECTION 5. NOTICE
OF COLLATERAL CONSEQUENCES IN PRETRIAL
PROCEEDING
SECTION 6. NOTICE
OF COLLATERAL CONSEQUENCES AT SENTENCING
OR UPON RELEASE
SECTION 9. ORDER
OF LIMITED RELIEF FROM COLLATERAL SANCTIONS.
SECTION 10.
CERTIFICATE OF RESTORATION OF RIGHTS
SECTION 11.
SANCTIONS NOT SUBJECT TO ORDER OF LIMITED RELIEF OR CERTIFICATE OF
RESTORATION OF RIGHTS
SECTION 13.
RELIANCE ON ORDER OR CERTIFICATE AS EVIDENCE OF
DUE CARE
SECTION 15.
UNIFORMITY OF APPLICATION AND CONSTRUCTION
SECTION 16.
SAVINGS AND TRANSITIONAL PROVISIONS.
UNIFORM
ACT ON
COLLATERAL CONSEQUENCES OF CONVICTION ACT
SECTION 1. SHORT TITLE. This [act] may be
cited as the Uniform Act on
Collateral Consequences of Conviction Act.
SECTION
2. DEFINITIONS. In
this [act]:
(1)
“Collateral consequence” means a collateral sanction or a
disqualification.
(2)
“Collateral sanction” means a penalty, disability, or disadvantage,
however denominated, imposed on an individual as a result of the individual’s
conviction for an offense that applies by operation of law whether or not it is
included in the judgment or sentence.
The term does not include imprisonment, probation, parole, supervised
release, forfeiture, restitution, fine, assessment, or costs of prosecution.
(3 (3) “Decisionmaker” means the state acting directly or through its
departments, agencies, officers, or instrumentalities, including
municipalities, political subdivisions, educational institutions, boards, or
commissions, or their employees[, and government contractors, including
subcontractors, made subject to this [act] by contract, by law other than this [act],
or ordinance].
(4) “Disqualification”
means a penalty, disability, or disadvantage, however denominated, that an
administrative agency, governmental official, or a court in a civil proceeding
is authorized, but not required, to impose on an individual on grounds relating
to the individual’s conviction for an offense.
(6)
“Person” means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, public corporation, government
or governmental subdivision, agency, or instrumentality, or any other legal or
commercial entity.
SECTION
3. LIMITATION ON SCOPE. This [act]
does not:
(1)
provide a basis for:
(A) invalidating a sentence, conviction,
or plea;
(B)
a cause of action for money damages; or
(C)
a claim for relief from or defense to the application of a collateral
consequence based on non-compliancea failure to comply
with Section 4, 5, or 6; or
(2)
affect:
(A) the duty an
individual’s attorney owes to the individual;
(B)
any claim or right held by a victim of an offense; or
(C) rights or relief
under law other than this [act] available to an individual convicted of an
offense.
SECTION
4. IDENTIFICATION, COLLECTION, AND
PUBLICATION OF LAWS REGARDING COLLATERAL CONSEQUENCES.
(a) The [designated governmental
agency or official]:
(1) shall identify or
cause to be identified any provision in this state’s Constitution, statutes,
and administrative rules that imposes a collateral sanction or authorizes the
imposition of a disqualification, and any provision of law that may afford
relief from them;
(2) within [insert number
of days] after the effective date of this [act], shall collect or cause to be
collected citations to, and the text or short descriptions of, the provisions
identified under paragraph (1);
(3) shall update or
cause to be updated the collection within [specify period] after each [regular
session] of the [legislature]; and
(4) in complying with paragraphs
(1) and (2), may rely on the study of this state’s collateral sanctions,
disqualifications, and relief provisions prepared by the National Institute of
Justice described in Section 510 of the Court Security Improvements Act of 2007,
Pub. L. 110-177.
(b) The [designated governmental
agency or official] shall include or cause to be included the following
statements in a prominent manner at the beginning of the collection described
in subsection (a):
(1) This collection has
not been enacted into law and does not have the force of law.
(2) An error or omission
in this collection is not a reason for invalidating a sentence, conviction,
or a
plea or for not imposing a collateral sanction or disqualification.
(3) The laws of the
(4) This collection does
not include any law or other provision regarding a collateral sanction or a
disqualification, or relief from them, enacted or adopted after the collection
was prepared
or last updated.
(c)
The [designated governmental agency or official] shall publish, or cause
to be published, the collection, created and updated as required under
subsection (a). The collection must be
available to the public on the Internet without charge within [insert number]
of]
days after it is created or updated.
SECTION 5. NOTICE OF
COLLATERAL CONSEQUENCES IN PRETRIAL PROCEEDING.
(a) At or before arraignment or other
judicial proceeding at which an individual is formally advised of the potential
sentence for an offense with which the individual is charged, [the
designated government agency or official] shall communicate to the individual information
substantially similar to the following notice:
NOTICE OF ADDITIONAL LEGAL CONSEQUENCES
If you are convicted of an offense
you may suffer additional legal consequences beyond imprisonment, [probation]
[insert jurisdiction’s alternative term for probation], periods of [insert term
for post-incarceration supervision], and fines. These consequences may include:
$ being unable to get or keep some licenses,
permits, or jobs;
$ being unable to get or keep benefits such as
public housing or education;
$ receiving a higherlonger
sentence if you are convicted of another offense in the future;
$ having the government take your property; and
$ being unable to vote or possess a firearm.
If you are not a
The law may provide ways to obtain
some relief from these consequences. Further information about the consequences
of conviction is available on the Internet at [list website indicating where(insert Internet
web address of the collection described inof laws
published under Section 4(c) can be found]].)).
SECTION 6. NOTICE OF
COLLATERAL SANCTIONS AND DISQUALIFICATIONSCONSEQUENCES
AT SENTENCING OR UPON RELEASE.
(a) An
individual convicted of an offense must be given notice:
(1) that collateral
sanctions and disqualifications may apply because of the conviction;
(2) of where in the
Internet web address of the collection of relevant laws
published under Section 4(c) can be found;);
(3) that there may be
ways to obtain relief from collateral sanctions and disqualifications;
(4) of contact
information for government or nonprofit agencies, groups, or organizations, if
any, offering assistance to individuals seeking relief from collateral sanctions
and disqualifications,; and
(5) of when an individual convicted of a crime may
vote under this state’s law.
(b) The [designated government
agency or official] shall provide the information in Paragraphsubsection
(a) at sentencing if an individual is not sentenced to imprisonment or other
incarceration. If an individual is
sentenced to imprisonment or other incarceration, the officer or agency releasing
the individual shall provide the information in Paragraphsubsection
(a) not more than [30] days, and, if practicable, at least [10] days before
release.
(a) The state
acting directly or through its departments, agencies, officers, or
instrumentalities, including municipalities, political subdivisions,
educational institutions, boards, or commissions, or their employees may impose
A collateral sanction may be imposed only pursuant toby
statute or ordinance, or pursuant toby a rule
authorized by law and adopted in accordance with [insert citation to State
Administrative Procedure Act or any other applicable law].
(b) In deciding whether to
disqualify an individual, a decisionmaker shall undertake an individualized
assessment of whether the particular facts and circumstances involved in the
offense indicate that the applicant is presently unqualified for the
opportunity or benefit at issue. In making
that decision, a decisionmaker may not consider the fact of a conviction itself,
but may consider the facts and circumstances involved in the offense, if such
facts and circumstances are substantially related to the benefit or opportunity. The decisionmaker shall also consider other
relevant information, including whether the individual has been granted relief such
as an order of limited relief from collateral sanctions or a certificate of restoration
of rights.
(c) If a law is ambiguous
as to whether creating a collateral consequence is ambiguous as
to whether it imposes a collateral sanction or authorizes a disqualification,
it must be construed as a disqualification.
(a) For purposes of imposing or authorizing
or
imposing collateral consequences in this state, a conviction
for an offense in a court of another state or the identicalthe same
elements. If there is no offense in this
state with identicalthe same elements,
the conviction is deemed a conviction forof
the most serious offense in this state which is necessarily established
by the elements of the offense. An offense
graded as a misdemeanor in the jurisdiction of conviction. may not be deemed a felony in this state, and
an offense graded below a misdemeanor in the jurisdiction of conviction may not
be deemed a conviction of a crime in this state, and an offense graded as a
misdemeanor in the jurisdiction of conviction may not be deemed a felony in
this state. A juvenile
adjudication in another state or the United States may not be deemed a felony,
misdemeanor, or offense below a misdemeanor in this state, but may be deemed a
juvenile adjudication for the juvenile violation in this state with the same
elements. If there is no juvenile
violation in this state with the same elements, the juvenile adjudication is
deemed an adjudication of the most serious juvenile violation in this state
which is established by the elements of the juvenile adjudication.
(b) A conviction that is reversed,
overturned, set aside, or otherwise vacated by order of
a court of competent jurisdiction of this state, another state, or the United
States on grounds other than rehabilitation or good behavior, is may
not deemed
a conviction in this state and is notserve as the
basis for authorizing or imposing a collateral
consequence in this state.
(c) A pardon issued by another state
or the United States , or an order of a court of competent jurisdiction
of another state or the United States expunging, sealing, annulling, setting
aside, or otherwise vacating a conviction on grounds of rehabilitation or good
behavior, has the same effect for purposes of imposing, authorizing,
imposing,
and relieving collateral consequences in this state as it has in
the issuing jurisdiction.
(d)
A chargeALTERNATIVE A
(d)
A conviction that has been expunged, sealed, annulled, set aside, or
otherwise vacated by a court of competent jurisdiction of another state or the
United States on grounds of rehabilitation or good
behavior, or for which civil rights were restored pursuant to statute, has the
same effect for purposes of authorizing, imposing, and relieving collateral
consequences in this state as it has in the jurisdiction of conviction, except that
vacation or restoration of civil rights does not relieve collateral
consequences applicable under the law of this state for which relief could not
be granted under Section 11, or for which relief was expressly withheld by the
court order or by the law of the jurisdiction that vacated the conviction. An individual convicted in
another jurisdiction may seek relief under Section 9 or 10 from any collateral
consequence for which relief was not granted in the issuing jurisdiction, other
than those listed in Section 11, and the [designated board or agency] shall
consider that the conviction was vacated or civil rights restored in deciding
whether to issue an order or certificate.
ALTERNATIVE
B
(d) A conviction that has been expunged, sealed,
annulled, set aside, or otherwise vacated by a court of competent jurisdiction
of another state or the United States on grounds of rehabilitation or good
behavior, or for which civil rights were restored pursuant to statute, is
deemed a conviction for purposes of authorizing or imposing collateral
consequences in this state as provided in subsection (a). An individual convicted in another
jurisdiction may seek relief under Section 9 or 10 from any authorized or imposed
collateral consequence, other than those listed in Section 11, and the
[designated board or agency] shall consider that the conviction was vacated or
civil rights restored in deciding whether to issue an order or certificate.
(e) A charge or prosecution
in any jurisdiction that has been finally terminated without a judgment of
conviction and imposition of sentence, based on the
defendant’s participation in a deferred prosecution or diversion
program,
is may not deemedserve as the
basis for authorizing or imposing a convictioncollateral
consequence in this state.
This subsection shalldoes not affect
the validity of any restrictions or conditions imposed by law as part of
participation in the deferred prosecution or diversion program, either before
or after the termination of the charge or prosecution.
(a) Except as provided in
Section 11,(a) An individual convicted of an offense may
petition for an order of limited relief from one or more collateral sanctions
related to employment, education, housing, public benefits, or occupational
licensing. The petition may be presented
to the:
(1)
the sentencing
court at or before sentencing; or
(2) the [designated board or agency]
at any time after sentencing.
(b) Except as otherwise
provided in Section 11, the court or the [designated board or
agency] may grant a petition requesting relief, and issue
an order of limited relief, fromrelieving
one or more of the collateral sanctions described in subsection (a) if, after
reviewing the record, including the individual’s criminal history and any
other evidence that would constitute a reasonable ground warranting {grant or} denial
of the petition, and any , any filing by a
prosecutor or victim under Section 14, and any other relevant evidence,
it finds the individual has established by a preponderance of the evidence
that:
(1) granting the petition will materially
assist the individual in obtaining or maintaining employment, education,
housing, public benefits, or occupational licensing;
(2) the individual has
substantial need for the relief requested in order to live a law-abiding life;
and
(3) granting the petition would not pose an unreasonable
risk to the safety or welfare of the public or any individual.
(c) The order must specify:
(c) An order of limited relief from collateral
sanctions must specify:
(1)
the particular collateral sanctions sanction from
which relief is granted; and
(2)
any restrictions imposed pursuant to Section 12(da).
(d) Issuance of an order of limited
relief relieves a collateral sanction to the extent provided in
the order, permitting the individual to be considered for
the relevant employment, education, housing, occupational licensing, or public
benefit on the same basis as any other applicant, but the decisionmaker. A decision maker may consider
the conduct resulting inunderlying the
conviction if directly related to the opportunity or benefit
sought. in the same
manner as provided in Section 7(b).
SECTION 10. CERTIFICATE OF RESTORATION OF RIGHTS.
(a) An individual convicted of an offense may
petition the [designated board or agency] for a certificate of restoration of
rights relieving collateral sanctions not sooner than [five] years after the individual’s most recent conviction of a felony [or
misdemeanor] in any jurisdiction, or [five] years after the
individual’s release from confinement pursuant to a criminal sentence in any
jurisdiction, whichever is later.
(b)
Except as otherwise provided in Section 11, the [designated board or
agency] may grant a certificate of restoration of rights if it
finds thatissue a certificate if after
reviewing the record, including the individual’s criminal history, any filing
by a prosecutor or victim under Section 14, and any other relevant evidence, it
finds the individual has established by a preponderance of the evidence that
(1) the individual is engaged in,
or seeking to engage in, a lawful occupation or activity, including employment,
training, education, or rehabilitative programs or, if the individual is
retired or disabled, that the individual, or otherwise
has a lawful source of support;
(2) the individual hasis
not violatedin violation
of the terms of any criminal sentence, or that any failure to
comply is justified, involuntary, or insubstantial;
(3) no criminal charges are pending against the
individual; and
(4) granting the
petition would not pose an unreasonable risk to the safety or welfare of the
public or any individual.
(c)
A certificate of restoration of rights must specify
any restrictions imposed and collateral sanctions from which relief has not
been granted under Section 12(da).
(d) Issuance of a certificate of
restoration of rights relieves all collateral sanctions, except those
specified
in the certificate and those listed in Section 11, permitting the individual to
be considered for a benefit or opportunity on the same basis as and any
other
applicant, but the decision-maker others specifically
excluded in the certificate. A
decisionmaker may consider the conduct resulting in the conviction if
it is determined to be so closely related to the opportunity or benefit at
issue that it renders the individual unqualified. In making this determination, the
decision-maker may conduct any investigation it considers necessary, may
require that an individual applying for an opportunity furnish copies of court
records or other relevant information, and shall consider:
(1) the individual’s age when the offense was
committed;
(2) the time since commission of the offense and
since release from any custody;
(3) the length and consistency of the
individual’s work history, including whether the individual has a recent record
of consistent employment;
(4) the individual’s education and training;
(5) the facts underlying the
conviction and their
relation, if any, to the duties or functions of the opportunity;
(6) the individual’s other criminal history, if
any, and rehabilitation and conduct since the offense, including the
individual’s receipt of an order of limited relief from collateral sanctions, a
certificate of restoration of rights, a pardon, or other relief; and
(7) whether other individuals who engagedin the same
manner as provided in similar prohibited conduct, whether or not
convicted, have been or would be excluded on the ground that they present an
unreasonable risk. Section 7(b).
(e) If a certificate of restoration
of rights is issued and unrevoked at the time of decision, the underlying
conviction is inadmissible as evidence that a decisionmaker was negligent or
otherwise at fault for hiring, retaining, licensing, leasing to, admitting to a
school or program, or otherwise transacting business or engaging in activity
with the individual to whom the certificate was issued.
SECTION 11. SANCTIONS NOT SUBJECT TO ORDER OF LIMITED
RELIEF
FROM COLLATERAL SANCTIONS OR CERTIFICATE OF RESTORATION OF RIGHTS. An order of limited
relief from collateral sanctions or certificate of restoration of rights may
not be issued to relieve the following collateral sanctions:
(1) requirements imposed by [insert citation to
state’s “Megan’s Law” enacted pursuant to 42 U.S.C. Section 14071 or its
associated regulations];
(2) a motor vehicle license suspension,
revocation, limitation, or ineligibility pursuant to [insert citation to state
DWI laws], or a motor vehicle license suspension, revocation, limitation, or
ineligibility pursuant to [insert citation to provision providing for license
suspension for traffic offenses], for which restoration or relief is available
pursuant to [insert citation to occupational, temporary, and restricted
licensing provisions]; [or]
(3) ineligibility for employment with a law
enforcement agency [as defined in pursuant to [insert
reference
to other law defining references to laws restricting employment of
convicted individuals with law enforcement agencies ] [including
the attorney general, prosecutors’ offices, police departments, sheriffs’
departments, the [state police,] and, or
the [department
of corrections[.] [; or
(4) ineligibility pursuant to [insert references
to constitutional
provisionsconstitutionally created collateral sanctions which
the legislature has no power to remove, such as those removing or
suspending officeholders based on criminal charge or conviction.]
SECTION 12. PROCEDURES FOR
ISSUANCE, MODIFICATION, AND REVOCATION, OF ORDERS OF LIMITED
RELIEF FROM
COLLATERAL SANCTIONS AND CERTIFICATES OF RESTORATION OF RIGHTS;
VICTIMS’ RIGHTS.
(a) The [designated board or agency] shall give
notice of the filing ofWhen a petition is filed under Section 9 or 10, including
a petition for anenlargement of an existing
order of limited relief from collateral sanctions under Section 9, or for aor
certificate of restoration of rights under Section 10, to,
the [designated
board or agency] shall notify the office that prosecuted the
offense for
giving rise to the collateral consequence from which
the
order or certificate relief is sought, and, if the
conviction was not obtained in a court of this state, to [the
[Office
of the Attorney General of this state or an appropriate prosecuting office in
this state]. If a petition for an order of
limited relief from collateral sanctions is filed with the sentencing court,
applicable rules of court govern notice.
Any prosecutor so notified, and any other prosecuting agency in this
state, may participate in the process by which The court or the [designated
board or agency] considers the petition.
(b) Before issuing a may issue an
order or certificate subject to restriction, condition, or additional
requirement. When issuing, denying,
modifying, or revoking an order or certificate of restoration of rights,
the [designated board or agency] shall order preparation of a report of the type
required before sentencing an individual convicted of a felony. The court or may impose conditions for
reapplication.
(b) The [designated board or agency]
may order
any test, report, investigation, or disclosure by the individual it believes
necessary to its decision. If there are
disputed issues of fact or law material to the decision, the individual and the
prosecutor shall have the opportunity to submit evidence and be heard on those
issues before decision.
(c) The court or the [designated boardrestrict
or agency]
may grant any relief to which the individual is entitled, even if the
individual did not request that relief.
The [designated board or agency] may modify an order of limited relief
from collateral sanctions issued previously by a court or by the [designated
board or agency], or a certificate of restoration of rights issued previously
by the [designated board or agency] on petition of the individual or the
state. A petition for additional relief
not included in an earlier order or certificate may be granted if the
individual satisfies the requirements for the additional relief under Section
9(b) or Section 10(b).
(d)
The court or [designated board or agency] may grant relief subject to
restriction, condition or additional requirement. If relief is denied, the [designated board or
agency] may condition reapplication on satisfaction of additional requirements.
(e) The [designated board or agency] may revoke
an order for relief from collateral sanctions, or
a certificate
of
restoration of rights,it previously issued or an order issued by a court
in whole
or part,this state if it finds just cause by
a preponderance of the evidence that just cause exists for revocation.. Just cause includes subsequent conviction of
the holder for a felony in this state, or for an offense in another
jurisdiction that would beis deemed a
felony in this state under Section 8(a).
An order of restriction or revocation may be enteredissued:
(1)
sua
sponte or by on motion of a the [designated
board or agency] or the office of the prosecutor in this
state;that obtained the conviction, or a government agency
designated by that prosecutorial office;
(2)
after notice to the individual to whom the order or certificate was issued and
any other prosecutor that has appeared in the matter; and
(3)
after a hearing pursuant to rules adopted under the [insert reference to the
state administrative procedure act] if requested by the individual or the
prosecutor who made the motion or any prosecutor that has appeared in the
matter.
(fc) The [designated board or agency] may adopt
rules for application, determination, modification, and revocation of orders
for relief from collateral sanctions and certificates of restoration of rights,
in accordance with the provisions of [insert reference to state administrative
procedure [act]]. The [designated board
or agency] is not boundshall order any test, report, investigation, or
disclosure by the rules of evidence except those on privileges.individual
it reasonably believes necessary to its decision to issue, modify or revoke an
order or certificate. If there are material
disputed issues of fact or law, the individual and any prosecutor notified
under subsection (a) or another prosecutorial agency designated by a prosecutor
notified under subsection (a) shall have the opportunity to submit evidence and
be heard on those issues.
(d) The [designated board or agency] shall
maintain a public record of the application, determinationissuance,
modification, and revocation of orders of relief from collateral
sanctions and certificates. The system of restorationrecords
of
rights. the [state criminal
justice record agency] shall include in its system of records issuance,
modification, and revocation of orders of limited relief from
collateral sanctions and certificates.
[(e)
The [designated board or agency] may adopt rules for application, determination,
modification, and revocation of orders and certificates of
restoration of rights., in accordance with the provisions of [insert
reference to state administrative procedure [act]].]
(g) An individual holding
an order of limited relief from collateral sanctions or a certificate of
restoration of rights may seek a declaration that a policy imposing a
collateral consequence is invalid because in conflict with this [act]. An individual who shows that an opportunity
was denied in violation of this [act] may seek an order that the individual’s
application be reconsidered in accordance with this [act].
[SECTION 13. RELIANCE ON ORDER OR CERTIFICATE AS EVIDENCE
OF DUE CARE. In a
judicial or administrative proceeding alleging negligence or other fault, an order
of limited relief from collateral sanctions or a certificate of restoration of
rights may be introduced by a decisionmakerperson as
evidence of the decisionmaker’sperson’s due care
in hiring, retaining, licensing, leasing to, admitting to a school or program,
or otherwise transacting business or engaging in activity with the individual
to whom the order was issued, if the decisionmaker had knowledgeperson knew
of the order or certificate at the time of the
alleged negligence or other fault.].
SECTION
14. VICTIM’S RIGHTS. A victim of an
offense shall
has the right to be notified of, andmay participate
in,
proceedings for issuance, modification, and revocation of orders of limited
relief from collateral sanctions and certificates of restoration of rights [in the same
manner as at a sentencing proceeding pursuant to [insert citation
to state crime victim’s act]] [to the extent permitted by rules adopted by the
[designated board or agency]].
SECTION 15. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act,
consideration must be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
(a) This
[act] applies to collateral consequences whenever enacted or imposed, unless
the law creating the collateral consequence expressly states that this [act]
does not apply.
(b) This
[act] does not invalidate the imposition of a collateral sanction on an
individual before [the effective date of this [act]], but a collateral sanction
validly imposed before [the effective date of this [act]] may be the subject of
relief under this [act].
SECTION 17. EFFECTIVE DATE. This [act] takes
effect . . .