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HF 1646

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2023 01:06pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; modifying the out of state residency verification process
for offenders required to register as a predatory offender; amending Minnesota
Statutes 2022, section 243.166, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 243.166, subdivision 3, is amended to read:


Subd. 3.

Registration procedure.

(a) Except as provided in subdivision 3a, a person
required to register under this section shall register with the corrections agent as soon as
the agent is assigned to the person. If the person does not have an assigned corrections agent
or is unable to locate the assigned corrections agent, the person shall register with the law
enforcement authority that has jurisdiction in the area of the person's primary address.

(b) Except as provided in subdivision 3a, at least five days before the person starts living
at a new primary address, including living in another state, the person shall give written
notice of the new primary address to the assigned corrections agent or to the law enforcement
authority with which the person currently is registered. If the person will be living in a new
state and that state has a registration requirement, the person shall also give written notice
of the new address to the designated registration agency in the new state. A person required
to register under this section shall also give written notice to the assigned corrections agent
or to the law enforcement authority that has jurisdiction in the area of the person's primary
address that the person is no longer living or staying at an address, immediately after the
person is no longer living or staying at that address. The written notice required by this
paragraph must be provided in person. The corrections agent or law enforcement authority
shall, within two business days after receipt of this information, forward it to the bureau.
The bureau shall, if it has not already been done, notify the law enforcement authority having
primary jurisdiction in the community where the person will live of the new address. If the
person is leaving the state, the bureau shall notify the registration authority in the new state
of the new address. The person's registration requirements under this section are suspended
after the person begins living in the new state and the bureau has confirmed the address in
the other state through the annual verification process on at least one occasion.new text begin The bureau
may also attempt to confirm the person's address in another state by the following methods:
new text end

new text begin (1) receipt of a verification letter from the law enforcement authority having primary
jurisdiction in the community where the person will live, acknowledging the person's address;
new text end

new text begin (2) confirmation of the individual's compliance with registration requirements in the
new state via its online registry; or
new text end

new text begin (3) confirmation of the individual's incarceration, probation, receipt of public benefits,
or motor vehicle records under United States Code, title 18, section 2721, in the new state
via the new state's documentation.
new text end

new text begin The bureau is the sole determinant as to whether the information provided by any of the
methods in clauses (1) to (3) is sufficient for verification purposes and may use more than
one of these methods to satisfy the verification requirement.
new text end The person's registration
requirements under this section are reactivated if the person resumes living in Minnesota
and the registration time period described in subdivision 6 has not expired.

(c) A person required to register under subdivision 1b, paragraph (b), because the person
is working or attending school in Minnesota shall register with the law enforcement authority
that has jurisdiction in the area where the person works or attends school. In addition to
other information required by this section, the person shall provide the address of the school
or of the location where the person is employed. A person shall comply with this paragraph
within five days of beginning employment or school. A person's obligation to register under
this paragraph terminates when the person is no longer working or attending school in
Minnesota.

(d) A person required to register under this section who works or attends school outside
of Minnesota shall register as a predatory offender in the state where the person works or
attends school. The person's corrections agent, or if the person does not have an assigned
corrections agent, the law enforcement authority that has jurisdiction in the area of the
person's primary address shall notify the person of this requirement.