Section 1.

new text begin [638.10] SHORT TITLE.
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new text begin Sections 638.10 to 638.25 may be cited as the "Collateral Consequences of Conviction
Model Act."
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Sec. 2.

new text begin [638.11] DEFINITIONS.
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new text begin (a) For the purposes of sections 638.10 to 638.25, the terms defined in this section have
the meanings given them.
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new text begin (b) "Collateral consequence" means a collateral sanction or a disqualification.
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new text begin (c) "Collateral sanction" means a penalty, disability, or disadvantage, however
denominated, imposed on an individual as a result of the individual's conviction of an offense
which applies by operation of law whether or not the penalty, disability, or disadvantage 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.
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new text begin (d) "Conviction" or "convicted" includes a child adjudicated delinquent.
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new text begin (e) "Decision maker" means the state acting through a department, agency, officer, or
instrumentality, including a political subdivision, educational institution, board, or
commission, or its employees, or a government contractor, including a subcontractor, made
subject to sections 638.10 to 638.25 by contract, other law, or ordinance.
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new text begin (f) "Disqualification" means a penalty, disability, or disadvantage, however denominated,
that an administrative agency, governmental official, or court in a civil proceeding is
authorized, but not required, to impose on an individual on grounds relating to the individual's
conviction of an offense.
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new text begin (g) "Offense" means a felony, gross misdemeanor, misdemeanor, or adjudication as a
delinquent under the laws of this state, another state, or the United States.
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new text begin (h) "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.
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new text begin (i) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
of the United States.
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Sec. 3.

new text begin [638.12] LIMITATION ON SCOPE.
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new text begin (a) Sections 638.10 to 638.25 do not provide a basis for:
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new text begin (1) invalidating a plea, conviction, or sentence;
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new text begin (2) a cause of action for money damages; or
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new text begin (3) a claim for relief from or defense to the application of a collateral consequence based
on a failure to comply with section 638.13, 638.14, or 638.15.
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new text begin (b) Sections 638.10 to 638.25 do not affect:
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new text begin (1) the duty an individual's attorney owes to the individual; or
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new text begin (2) a right or remedy under law other than sections 638.10 to 638.25 available to an
individual convicted of an offense.
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Sec. 4.

new text begin [638.13] IDENTIFICATION, COLLECTION, AND PUBLICATION OF
LAWS REGARDING COLLATERAL CONSEQUENCES.
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new text begin (a) The revisor of statutes shall:
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new text begin (1) identify or cause to be identified any provision in this state's constitution, statutes,
and administrative rules which imposes a collateral sanction or authorizes the imposition
of a disqualification, and any provision of law that may afford relief from a collateral
consequence;
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new text begin (2) in a timely manner after the effective date of sections 638.10 to 638.25, prepare a
collection of citations to, and the text or short descriptions of, the provisions identified under
clause (1); and
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new text begin (3) annually update the collection in a timely manner after the regular or last special
session of the legislature in a calendar year.
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new text begin In complying with clauses (1) and (2), the revisor 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 Improvement Act of 2007, Public
Law 110-177.
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new text begin (b) The revisor of statutes shall include the following statements or substantially similar
language in a prominent manner at the beginning of the collection required under paragraph
(a):
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new text begin (1) This collection has not been enacted into law and does not have the force of law.
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new text begin (2) An error or omission in this collection or in any reference work cited in this collection
is not a reason for invalidating a plea, conviction, or sentence or for not imposing a collateral
sanction or authorizing a disqualification.
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new text begin (3) The laws of other jurisdictions and local governments which impose additional
collateral sanctions and authorize additional disqualifications are not included in this
collection.
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new text begin (4) This collection does not include any law or other provision regarding the imposition
of or relief from a collateral sanction or a disqualification enacted or adopted after (date the
collection was prepared or last updated.)
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