Jewish Community Action’s 2021 Legislative Priorities

The Minnesota legislative session is brief, but through collective action we can make major changes to state law. This year, we are working with multi-racial, muli-faith coalitions to make these priorities happen at the state capitol.

Communities Combating Hate Crimes 🚨

The Problem: Hate crimes are vastly under-reported with the current law essentially limiting reporting to responding officers who can deem the incident as a hate crime. Many communities do not report incidents to the police for fear of retribution or that nothing will happen. Lastly, hate crime victims are not eligible for Crime Victims Reparations.

Our Priority: As part of the Communities Combating Hate Coalition, JCA is pushing legislation that:

• Expands reporting agencies to include community organizations, allowing people to report to groups that have earned the community’s trust
• Require the State’s Police Training Board to work with and obtain the approval of the Department of Human Rights to provide up-to-date training on hate crimes
• Close loopholes so hate imagery and attacks targeting public property or rentals can count as hate crimes
• Allot money specifically for hate crime victim reparations

Post Conviction Relief (PCR) ⚖

The Problem: Post-conviction relief is a legal procedure that brings forward new evidence or proof of illegality in a past conviction. Examples: DNA tests proving innocence, prosecutor misconduct, ineffective defense attorney support, or “noncitizen defendant’s failure to understand or have been advised or defended against a conviction’s immigration consequences” (Immigrant Legal Resource Center). Possible outcomes of a successful petition could be: a new trial, a reduced felony conviction, a resentencing to a crime that isn’t deportable or an overturned conviction — all of which affect immigration consequences. Minnesota statute currently requires the claim for relief to be brought within 2 years — one of the strictest time limits in the region.

This doesn’t address needs of immigrants, who often face threat of deportation years or decades after conviction. This is a possibility even for immigrants with permanent residency status. Without access to PCR, ICE could deport Minnesotans who weren’t told that their conviction could lead to immigration consequences

Our Priority: As part of the Expanding Justice Coalition, JCA is pushing forward legislation that:

• Expands access to PCR relief by adding immigration-related exceptions to the current list of exceptions to the 2-year limit.
• Under this exception: someone with an old conviction and facing new deportation can go to court and see if their conviction was fair

Eviction Reform 🏠

The Problem: There are three phases of the eviction process: pre-eviction filing, the court eviction process, and after a tenant has an eviction on their record. All three of these phases require reform. The current system’s speed does not permit a tenant to adequately remedy the situation or prepare a defense. Further, once eviction action has occurred, regardless of if a tenant won, settled, or the case was dismissed, this appears on a tenant’s record and is reportable by tenant screening agencies for up to 7 years– jeopardizing future access to housing. Reform should then be focused on preventing eviction action, furthering due process in court for those focusing eviction, and removing barriers to expunging eviction records.

Our Priority: JCA is supporting partners at HomeLine and Mid-Minnesota Legal Aid pushing the following legislation:

Pre-eviction Notice

• Pre-filing eviction notice required 14 days before court action.
• Notice would include information on legal help and emergency financial assistance for tenants.
• Saves time and money (allows for negotiation, fixing, or vacating without court).

Eviction Process Reform

• Improving due process in Eviction Court (specificity, referrals, time, etc.).
• Preventing improper reporting of expungements by tenant screening agencies.

Expungement Reform

• Eviction reporting prohibited until court sides with the landlord
• Expungement if: tenant prevailed in case, case dismissed, if settled or agreed upon expungement, occurred 3+ years ago
• Expungement possible is possible if a change in a defendant’s circumstance indicates that an eviction case isn’t reasonable predictor of future behavior, giving a judge more discretion

Earned Safe and Sick Time 😷

The Problem: The COVID-19 pandemic has shown us that we are all connected — and that paid sick time is a public health issue. Without it, millions of families have faced unnecessary financial hardship as a direct result of the pandemic and have shown up to work sick or COVID-19 positive because they had no other choice. For the average working person without access to paid sick time, missing work can devastate the family budget. Paid sick time means being able to comfort a sick child, go to the doctor, take time off to get a COVID test, or seek safety without having to worry about losing pay or getting fired. It means being able to stay home when you’re sick, so the people you work with or provide services to don’t get sick. And, it means healthier families and communities.

Our Priority: JCA has signed on to support advocates pushing for this legislation led by Take Action Minnesota.

• Establishes earned sick and safe time requirements for employees who work more than 80 hours a year for an employer.

Legalization of Adult Cannabis Use 🌿

Context: Minnesota is ready to join the growing number of states that have replaced failed marijuana prohibition laws with sensible regulations that ensure responsible adult use, create new economic opportunities, generate millions in annual tax revenues, reduce racial disparities, and improve the safety of our communities by allowing our law enforcement and criminal justice systems to focus their limited resources on crimes that actually threaten the public.

Our Priority: JCA has signed on to support advocates pushing for this legislation led by Minnesotans for Responsible Marijuana Regulation.

• Establishes a regulatory framework for adult-use cannabis
• Establishes taxes on adult-use cannabis
• Amends criminal penalties, and provides for expungement and resentencing of certain convictions