D R A F T
FOR
DISCUSSION ONLY
UNIFORM ACT ON COLLATERAL CONSEQUENCES OF CONVICTION
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
Draft
for March 6-8, 2009 Meeting
Without Prefatory Notes or Comments
Copyright 82008
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 10, 2009
DRAFTING
COMMITTEE ON UNIFORM ACT ON
COLLATERAL CONSEQUENCES OF CONVICTION
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,
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
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 SANCTIONS AND DISQUALIFICATIONS
AT SENTENCING OR UPON RELEASE
SECTION 7.
AUTHORIZATION REQUIRED FOR COLLATERAL CONSEQUENCES; CONSTRUCTION IN CASE
OF AMBIGUITY.
SECTION 9. ORDER OF
LIMITED RELIEF FROM COLLATERAL SANCTIONS.
SECTION 10.
CERTIFICATE OF RESTORATION OF RIGHTS
SECTION 13.
UNIFORMITY OF APPLICATION AND CONSTRUCTION
SECTION 14.
SAVINGS AND TRANSITIONAL PROVISIONS.
UNIFORM
ACT ON COLLATERAL CONSEQUENCES OF CONVICTION
SECTION 1. SHORT TITLE. This [act] may be
cited as the Uniform Act on
Collateral Consequences of Conviction.
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 a felony, misdemeanor, or other 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) “Conviction” or “convicted”
includes a juvenile adjudication and [insert terms for lesser offenses, and other
adjudications in enacting state] if by law other than this [act] they authorize
or impose collateral consequences.
(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 a felony, misdemeanor, or other offense.
(5)
“Felony” means a criminal offense as defined in [the state criminal
code] when referring to the law of this state, or, when referring to the law of
another another state or the
(6) “Misdemeanor” means a criminal offense [as
defined in the state criminal code] when referring to the law of this state,
or, when referring to the law of another state or the
(7)
“Offense” means a felony, misdemeanor, or [insert term for lesser offenses and
other adjudications in enacting state], when referring to the law of this
state, or, when referring to the law of another state or the United States, a
felony, misdemeanor or lesser offense that authorizes or imposes collateral consequences
under the law of that jurisdiction. [A
juvenile adjudication is a conviction for an offense, if by law other than this
[act] provides the adjudication authorizes or imposes collateral consequences.]
SECTION
3. LIMITATION ON SCOPE. This [act]
does not:
(1)
provide a basis for:
(a) invalidating a conviction or plea;
(b)
a cause of action for money damages for any violation of this [act];
(c)
a claim for relief from or defense to the application of a collateral
consequence based on non-compliance with Sections 4, 5 or 6 of this [act]; or
(2)
affect:
(a) the duty an individual’s attorney owes to the
individual;
(b)
any claims or rights held by a victim of crime; or
(c) the availability or
effect of rights or relief under law other than this [act] available to a
person 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) 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; and
(4) shall update or
cause to be updated the collection within [specify period] after each [regular
session] of the [legislature].
(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 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 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], [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 higher sentence if you are
convicted of another crime in the future;
$ having the government take your property; and
$ prohibiting you from voting or possessing a
firearm.
Also, if you are not a United States citizen,
conviction may result in your deportation, removal, exclusion from admission to
the United States, or denial of citizenship.
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 the collection described in Section 4(c) can be found]].
SECTION 6. NOTICE OF
COLLATERAL SANCTIONS AND DISQUALIFICATIONS 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 the website
where 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, that offer 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 this information at sentencing if an
individual is not sentenced to imprisonment or other incarceration. If the individual is sentenced to
imprisonment or other incarceration, the officer or agency releasing the
individual shall provide this
information 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 penalty,
disability, or disadvantage, however denominated, on an individual as a result
of the individual’s conviction for a felony, misdemeanor, or other offense, only
pursuant to statute, ordinance, or rule authorized by law and adopted in
accordance with [insert citation to State Administrative Procedure Act or any
other applicable law].
(b) If a law is ambiguous as to
whether a collateral consequence is a collateral sanction or a
disqualification, it must be construed as a disqualification.
(a)
For purposes of imposing or authorizing collateral consequences, a conviction
for a an offense in a court of another state or the United States is deemed a
conviction of the same offense in this state, or, if there is no such offense,
a conviction for the most serious included offense in this state, except that
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.
(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
(c)
A pardon issued by another state or the United States has the same
effect for purposes of imposing, authorizing, and relieving collateral
consequences in this state as in the issuing jurisdiction.
(d) A criminal charge 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 not deemed a conviction in this
state. This subsection shall 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.
ALTERNATIVE A
(e) A conviction that is 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 is not deemed a conviction for purposes of imposing or authorizing
collateral consequences in this state, except with respect to 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. The individual convicted of the offense may apply
for relief as provided in Section 9 or 10 from any collateral consequence for
which relief was withheld, other than those listed in Section 11, and the
[designated board or agency] shall consider that the conviction was vacated in
deciding whether to grant relief.
ALTERNATIVE B
(e) A conviction that is 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 is deemed a conviction for the same offense in this state, or, if
there is no such offense, for the most serious included offense in this state,
for purposes of imposing or authorizing collateral consequences in this state. The individual convicted of the offense may
apply for relief as provided in Section 9 or 10 from any imposed or authorized
collateral consequence, other than those listed in Section 11, and the [designated
board or agency] shall consider that the conviction was vacated in deciding
whether to grant relief.
(a) An individual convicted of an offense may petition for an order of relief from one
or more collateral sanctions related to employment, education, housing, public
benefits, or occupational licensing, except those listed in Section 11. The petition may be presented to:
(1) the sentencing court at or before
sentencing, but it may be granted by the sentencing court only if no
incarceration is imposed on the convicted individual, other than for time
already served; or
(2) the [designated board or agency] at any time
after sentencing.
(b) The
court or the [designated board or agency] shall grant a petition requesting
relief, and issue an order of relief, from one or more of the collateral
sanctions described in subsection (a) if, after reviewing the record, including
the individual’s criminal history, and any filing by a prosecutor or victim, it
finds that the individual has established by a preponderance of the evidence
that:
(1)
granting the petition is likely to assist the individual in living a
law-abiding life, including obtaining or maintaining employment, or reentering
the community; and
(2) if
less than five years has elapsed since the individual was sentenced for any
felony, the individual has substantial need for the relief requested in order
to live a law-abiding life;
unless the court or [designated board or agency] finds,
based on a review of the record, that:
(3) granting the petition would pose an
unreasonable risk to the safety or welfare of the public or any individual, or
(4) some other reasonable ground warrants
denial of the petition,
(c) The
text of an order of relief from collateral sanctions shall specify:
(1) any restrictions imposed pursuant to Section
12(d); and
(2) the particular collateral sanctions from
which relief has been granted.
(d) 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 section
by contract, law other than this [act], or ordinance,] may not impose a
collateral sanction that is the subject of an unrevoked order of relief from
collateral sanctions issued [in this state] [in any state], but may in its
discretion impose a disqualification based on the conduct underlying the
conviction.
[(e) An order of relief from collateral
sanctions may be introduced in a judicial or administrative proceeding by a
decisionmaker as evidence of the decisionmaker’s due care in deciding to hire,
retain, license, lease to, admit to a school or program, or otherwise transact
business or engage in activity with the individual to whom the order was
issued, if the decisionmaker had knowledge of the order at the time of the
alleged negligence or other fault.]
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.
(b) The
[designated board or agency] shall grant a petition for a certificate of
restoration of rights and issue such a certificate, relieving an individual
from one or more collateral sanctions including those listed in Section 9(a),
or from all collateral sanctions, except those listed in Section 11, if after
reviewing the record, including the individual’s criminal history, and any
filing by a prosecutor or victim, it finds that the individual has established
by a preponderance of the evidence that:
(1) at least [five] years has elapsed since the
date of the individual’s most recent
conviction of a felony [or misdemeanor] in any jurisdiction;
(2) for the [five] years preceding the issuance
of the certificate, the individual:
(A) has not been confined pursuant to a criminal
sentence in [prison] [prison, jail, a half-way house, home detention, or other
actual confinement] in any jurisdiction;
(B) has been 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 has a lawful source of support; and
(C) has not violated the terms of any criminal
sentence, or that any failure to comply is justified, involuntary, or
insubstantial; and
(3) no criminal charges are pending against the
individual;
unless it finds, based on a review of the record, that
(4) granting the petition would
pose an unreasonable risk to the safety or welfare of the public or any
individual, or
(5) some other reasonable ground
warrants denial of the petition.
(c) The [designated board or agency] may issue a
certificate of restoration of rights relieving all collateral sanctions under
subsection (b), with specified exceptions in addition to the applicable
exceptions listed in Section 11. The text
of a certificate shall:
(1) specify any restrictions imposed pursuant to
Section 12(d), and
(2) specify the
particular collateral sanctions from which relief has been granted; or
(3) state that the certificate grants relief from
all collateral sanctions imposed by the law of this state except those
collateral sanctions listed in Section 11 that are applicable to the
individual, and any other collateral sanctions from which relief has not been
granted.
(d) 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 section by contract, law other than this
[act], or ordinance,] may not impose a collateral sanction that is the subject
of an unrevoked certificate of restoration of rights issued [in this state] [in
any state].
(e) 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 section by contract, law other than this
[act], or ordinance,] may not impose a disqualification that precludes further
consideration of an individual to whom an unrevoked certificate of restoration
of rights has been issued covering the opportunity at issue unless the
decisionmaker determines [in its discretion] that: 1) granting the opportunity
poses an unreasonable risk to the safety or welfare of the public or any
individual; 2) the conduct underlying the conviction is sufficiently closely
related to the opportunity that it renders the individual unqualified. In making this determination, the
decisionmaker 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 relief from collateral sanctions, a
certificate of restoration of rights, a pardon, or other relief;
(7) whether other individuals who engaged in
similar prohibited conduct, whether or not convicted, have been or would be
excluded on the ground that they present an unreasonable risk; and
(8) any other relevant factor.
Nothing in this subsection prohibits a decisionmaker from
denying an opportunity to an individual based on a determination, on grounds
unrelated to the conviction, that the individual is unqualified, or is less
qualified than other applicants.
(f) [(1)] 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.
[(2)
A certificate of restoration of rights may be introduced in a judicial or
administrative proceeding by a decisionmaker as evidence of the decisionmaker’s
due care in deciding to hire, retain, license, lease to, admit to a school or
program, or otherwise transact business or engage in activity with the
individual to whom the certificate was issued, if the decisionmaker had
knowledge of the certificate at the time of the alleged negligence or other
fault.]
SECTION 11. SANCTIONS NOT SUBJECT TO ORDER OF RELIEF FROM
COLLATERAL SANCTIONS OR CERTIFICATE OF RESTORATION OF RIGHTS. An order of relief from collateral sanctions
or certificate of restoration of rights may not be issued to relieve the
following sanctions:
(1) requirements imposed by [insert citation to
state’s “Megan’s Law” enacted pursuant to 42 U.S.C. § 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/restricted licensing provisions] [;
or]
(3) ineligibility for employment with a law
enforcement agency [as defined in [insert reference to other law defining law
enforcement agencies] [including the attorney general, prosecutors’ offices,
police departments, sheriffs’ departments, the [state police,] and the
department of corrections.] [or
(4) ineligibility pursuant to [insert references
to constitutional provisions removing or suspending officeholders based on
criminal charge or conviction].
SECTION 12. PROCEDURES
APPLICABLE TO ISSUANCE, REVOCATION, AND MODIFICATION OF ORDERS OF RELIEF FROM
COLLATERAL SANCTIONS AND CERTIFICATES OF RESTORATION OF RIGHTS; VICTIMS’ RIGHTS.
(a) The [designated board or agency] shall give
notice of the filing of a petition for an order of relief from collateral
sanctions under Section 9, or for a certificate of restoration of rights under
Section 10, to the office that prosecuted the offense for which the order or
certificate is sought, and, if the conviction was not obtained in 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 relief from collateral sanctions is filed with the
sentencing court, such notice shall be governed by the applicable rules of
court. Any prosecutor so notified, and
any prosecuting agency in this state, may participate in the process by which the
court or the [designated board or agency] considers the petition.
(b) The court or the [designated board or agency]
may order any test, report, investigation, or disclosure by the individual it
believes necessary to its decision.
Before issuing a 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. If there are disputed issues of fact or law
material to the decision, the [designated board or agency] shall give the
individual and the prosecutor the opportunity to submit evidence and argument
on those issues before decision.
(c) The court or the [designated board or agency]
may grant any relief to which the individual is entitled, even if the
individual does not request that relief in the petition for an order or a
certificate. The [designated board or
agency] may modify an order of 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 granted by an earlier order or
certificate may be granted if the individual satisfies the requirements for the
additional requested relief under the applicable provisions of Section 9(b) or
Section 10(b).
(d) The
court or [designated board or agency] may grant relief subject to restrictions,
conditions or additional requirements.
In denying relief, the [designated board or agency] may provide that
reapplication will be subject to satisfaction of particular conditions or
additional requirements.
(e) The [designated board or agency] may revoke
an order for relief from collateral sanctions issued under Section 9, or a
certificate of restoration of rights issued under Section 10, in whole or part,
if it finds by a preponderance of the evidence that just cause exists for
revocation. Just cause includes subsequent
conviction of the holder for a crime that is a felony in this state, or a
conviction in another jurisdiction that would be a felony in this state under
Subsection 8(a). An order of revocation
may be entered:
(1)
sua sponte or by motion of a prosecutor in this state;
(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.
(f) The [designated board or agency] may adopt
rules for application, determination, modification, and revocation of orders
for relief from collateral sanctions under Section 9 and certificates of
restoration of rights under Section 10, in accordance with the provisions of
[insert reference to state administrative procedure [act]]. The [designated board or agency] is not bound
by the rules of evidence except those on privileges. The [designated board or agency] shall
maintain a public record of the application, determination, modification, and
revocation of orders of relief from collateral sanctions and certificates of restoration
of rights. The [state criminal justice
record agency] shall include issuance, modification, and revocation of orders
of relief from collateral sanctions and certificates of restoration of rights
in its system of records.
(g) A victim of the offense that led to the
collateral sanction for which the petitioner is seeking relief shall be
notified of, and have the right to participate in, a proceeding for issuance,
modification, or revocation of an order for relief from collateral sanctions or
a certificate of restoration of rights [pursuant to [insert citation to state crime
victim’s act]].
(h) With respect to an individual to whom an
order of relief from collateral sanctions or certificate of restoration of
rights has been issued, this [act] does not give rise to a cause of action
other than a declaration that a policy imposing a collateral sanction on an
individual to whom such an order or certificate has been issued is invalid or,
if an individual has shown that an opportunity was denied in violation of this Act,
for an order that the individual’s application be reconsidered in accordance
with this Act.
SECTION 13.
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 collateral sanctions
validly imposed before [the effective date of this [act]] may be the subject of
relief under this [act].
SECTION 15. EFFECTIVE DATE. This [act] takes
effect . . .