HF 1724

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; requiring indeterminate
life sentences for certain egregious first degree
criminal sexual conduct offenses; requiring
indeterminate life sentences for repeat sex offenses;
creating the crime of sixth degree criminal sexual
conduct; modifying the patterned sex offender
sentencing law; making necessary technical and
conforming statutory changes; directing the Sentencing
Guidelines Commission to modify the Sentencing
Guidelines; providing criminal penalties; amending
Minnesota Statutes 2004, sections 14.03, subdivision
3; 243.166, subdivision 1; 244.05, subdivisions 4, 5,
6, 7; 244.052, subdivision 3; 609.108, subdivisions 1,
3, 4; 609.109, subdivisions 2, 5, 7; 609.117,
subdivisions 1, 2; 609.1351; 609.341, by adding
subdivisions; 609.342, subdivisions 2, 3; 609.343,
subdivisions 2, 3; 609.344, subdivisions 2, 3;
609.345, subdivisions 2, 3; 609.347; 609.3471;
609.348; 609.353; 631.045; proposing coding for new
law in Minnesota Statutes, chapter 609; repealing
Minnesota Statutes 2004, section 609.108, subdivision
2.

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

ARTICLE 1

SEX OFFENDERS:
MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND
REPEAT SEX OFFENSES; OTHER SENTENCING CHANGES

Section 1. new text begin LEGISLATIVE FINDINGS AND INTENT.
new text end

new text begin The legislature finds that sex offenders pose a significant
public safety threat. Based upon the harm they cause to their
victims and the community, psychological factors unique to their
makeup, and their future dangerousness, these types of offenders
merit long-term supervision and treatment more so than do other
types of criminal offenders. The legislature further finds that
this type of supervision and treatment is best provided in a
correctional setting and that the costs associated with this are
an appropriate use of state resources.
new text end

new text begin It is the legislature's intent in enacting this act to
provide a flexible approach that allows dangerous sex offenders
to be incarcerated for longer periods of time than is currently
possible. The legislature specifically intends that a sex
offender's future dangerousness be taken into consideration when
making sentencing and release decisions concerning the offender.
new text end

Sec. 2.

Minnesota Statutes 2004, section 244.05,
subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life sentence.

An inmate
serving a mandatory life sentence under section 609.106 must not
be given supervised release under this section. An inmate
serving a mandatory life sentence under section 609.185, clause
(1), (3), (5), or (6); or 609.109, subdivision deleted text begin 2a deleted text end new text begin 3 new text end , must not be
given supervised release under this section without having
served a minimum term of 30 years. An inmate serving a
mandatory life sentence under section 609.385 must not be given
supervised release under this section without having served a
minimum term of imprisonment of 17 years. new text begin An inmate serving a
mandatory life sentence under section 609.342, subdivision 2,
paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344,
subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph
(b); or 609.3453, subdivision 2, paragraph (b), must not be
given supervised release under this section without having
served the minimum term of imprisonment specified by the court
in its sentence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.05,
subdivision 5, is amended to read:

Subd. 5.

Supervised release, life sentence.

(a) The
commissioner of corrections may, under rules promulgated by the
commissioner, give supervised release to an inmate serving a
mandatory life sentence under section 609.185, clause (1), (3),
(5), or (6); 609.109, subdivision deleted text begin 2a deleted text end new text begin 3 new text end ; new text begin 609.342, subdivision 2,
paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344,
subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph
(b); 609.3453, subdivision 2, paragraph (b); new text end or 609.385 after
the inmate has served the minimum term of imprisonment specified
in subdivision 4.

(b) The commissioner shall require the preparation of a
community investigation report and shall consider the findings
of the report when making a supervised release decision under
this subdivision. The report shall reflect the sentiment of the
various elements of the community toward the inmate, both at the
time of the offense and at the present time. The report shall
include the views of the sentencing judge, the prosecutor, any
law enforcement personnel who may have been involved in the
case, and any successors to these individuals who may have
information relevant to the supervised release decision. The
report shall also include the views of the victim and the
victim's family unless the victim or the victim's family chooses
not to participate.

(c) The commissioner shall make reasonable efforts to
notify the victim, in advance, of the time and place of the
inmate's supervised release review hearing. The victim has a
right to submit an oral or written statement at the review
hearing. The statement may summarize the harm suffered by the
victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised
release at this time. The commissioner must consider the
victim's statement when making the supervised release decision.

(d) new text begin When considering whether to give supervised release to
an inmate serving a life sentence under section 609.342,
subdivision 2, paragraph (b); 609.343, subdivision 2, paragraph
(b); 609.344, subdivision 2, paragraph (b); 609.345, subdivision
2, paragraph (b); or 609.3453, subdivision 2, paragraph (b), the
commissioner shall consider, at a minimum, the following: the
risk the inmate poses to the community if released, the inmate's
progress in treatment, the inmate's behavior while incarcerated,
psychological or other diagnostic evaluations of the inmate, the
inmate's criminal history, and any other relevant conduct of the
inmate while incarcerated or before incarceration.
new text end

new text begin (e) new text end As used in this subdivision, "victim" means the
individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving
spouse or next of kin.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 609.108,
subdivision 1, is amended to read:

Subdivision 1.

Mandatory increased sentence.

deleted text begin (a) deleted text end A court
shall commit a person to the commissioner of corrections for a
period of time that is not less than double the presumptive
sentence under the Sentencing Guidelines and not more than the
statutory maximum, or if the statutory maximum is less than
double the presumptive sentence, for a period of time that is
equal to the statutory maximum, if:

(1) the court is imposing an executed sentence deleted text begin , based on a
Sentencing Guidelines presumptive imprisonment sentence or a
dispositional departure for aggravating circumstances or a
mandatory minimum sentence, deleted text end on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343,
609.344, deleted text begin or deleted text end 609.345, or deleted text begin on a person convicted of committing or
attempting to commit any other crime listed in subdivision 3 if
it reasonably appears to the court that the crime was motivated
by the offender's sexual impulses or was part of a predatory
pattern of behavior that had criminal sexual conduct as its goal
deleted text end new text begin 609.3453 new text end ;

(2) the deleted text begin court finds deleted text end new text begin fact finder determines new text end that the
offender is a danger to public safety; and

(3) the deleted text begin court finds deleted text end new text begin fact finder determines new text end that the
deleted text begin offender needs long-term treatment or supervision deleted text end new text begin offender's
criminal sexual behavior is so engrained that the risk of
reoffending is great without intensive psychotherapeutic
intervention or other long-term treatment or supervision
extending new text end beyond the presumptive term of imprisonment and
supervised release. deleted text begin The finding must be based on a professional
assessment by an examiner experienced in evaluating sex
offenders that concludes that the offender is a patterned sex
offender. The assessment must contain the facts upon which the
conclusion is based, with reference to the offense history of
the offender or the severity of the current offense, the social
history of the offender, and the results of an examination of
the offender's mental status unless the offender refuses to be
examined. The conclusion may not be based on testing alone. A
patterned sex offender is one whose criminal sexual behavior is
so engrained that the risk of reoffending is great without
intensive psychotherapeutic intervention or other long-term
controls.
deleted text end

deleted text begin (b) The court shall consider imposing a sentence under this
section whenever a person is convicted of violating section
609.342 or 609.343.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 609.108,
subdivision 3, is amended to read:

Subd. 3.

Predatory crime.

deleted text begin A predatory crime is a felony
violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
or 609.582, subdivision 1. deleted text end new text begin As used in this section, "predatory
crime" has the meaning given in section 609.341, subdivision 24.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 609.108,
subdivision 4, is amended to read:

Subd. 4.

Danger to public safety.

The deleted text begin court shall base
its finding deleted text end new text begin fact finder shall base its determination new text end that the
offender is a danger to public safety on any of the following
factors:

(1) the crime involved an aggravating factor that would
justify a durational departure from the presumptive sentence
under the Sentencing Guidelines;

(2) the offender previously committed or attempted to
commit a predatory crime or a violation of section 609.224 or
609.2242, including:

(i) an offense committed as a juvenile that would have been
a predatory crime or a violation of section 609.224 or 609.2242
if committed by an adult; or

(ii) a violation or attempted violation of a similar law of
any other state or the United States; or

(3) the offender planned or prepared for the crime prior to
its commission.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.109,
subdivision 7, is amended to read:

Subd. 7.

Conditional release of sex offenders.

(a)
Notwithstanding the statutory maximum sentence otherwise
applicable to the offense or any provision of the Sentencing
Guidelines, when a court sentences a person to prison for a
violation of section 609.342, 609.343, 609.344, deleted text begin or deleted text end 609.345, new text begin or
609.3453, new text end the court shall provide that after the person has
completed the sentence imposed, the commissioner of corrections
shall place the person on conditional release.

If the person was convicted for a violation of section
609.342, 609.343, 609.344, deleted text begin or deleted text end 609.345, new text begin or 609.3453, new text end the person
shall be placed on conditional release for five years, minus the
time the person served on supervised release.

If the person was convicted for a violation of one of those
sections deleted text begin after a previous deleted text end new text begin and the violation is a second or
subsequent new text end sex offense deleted text begin conviction deleted text end as defined in new text begin section 609.341,
new text end subdivision deleted text begin 5 deleted text end new text begin 23 new text end , or sentenced under subdivision 6 to a
mandatory departure, the person shall be placed on conditional
release for ten years, minus the time the person served on
supervised release.

(b) The conditions of release may include successful
completion of treatment and aftercare in a program approved by
the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other
conditions the commissioner considers appropriate. If the
offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and
order that the offender serve the remaining portion of the
conditional release term in prison. The commissioner shall not
dismiss the offender from supervision before the conditional
release term expires.

Conditional release under this subdivision is governed by
provisions relating to supervised release, except as otherwise
provided in this subdivision, section 244.04, subdivision 1, or
244.05.

(c) The commissioner shall pay the cost of treatment of a
person released under this subdivision. This section does not
require the commissioner to accept or retain an offender in a
treatment program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 22. new text end

new text begin Sex offense. new text end

new text begin Except for section 609.3452, "sex
offense" means any violation of, or attempt to violate, section
609.342, 609.343, 609.344, 609.345, 609.3453, or any similar
statute of the United States, this state, or any other state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 23. new text end

new text begin Second or subsequent sex offense. new text end

new text begin "Second or
subsequent sex offense" means a sex offense for which the
offender is convicted after the offender has already been
convicted or adjudicated delinquent for another sex offense in a
separate behavioral incident, regardless of when the behavioral
incident occurred.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 24. new text end

new text begin Predatory crime. new text end

new text begin "Predatory crime" means a
felony violation of section 609.185, 609.19, 609.195, 609.20,
609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25,
609.255, 609.365, 609.498, 609.561, or 609.582, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.342,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided
in deleted text begin section 609.109 deleted text end new text begin paragraph (b) new text end , a person convicted under
subdivision 1 may be sentenced to imprisonment for not more than
30 years deleted text begin or to a payment of a fine of not more than $40,000, or
both deleted text end .

deleted text begin (b) deleted text end Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 144 months must be imposed on an
offender convicted of violating this section. Sentencing a
person in a manner other than that described in this paragraph
is a departure from the Sentencing Guidelines.

new text begin (b) The court shall sentence a person to imprisonment for
life if:
new text end

new text begin (1) the person is convicted under subdivision 1 of a second
or subsequent sex offense; or
new text end

new text begin (2) the person is convicted under subdivision 1, and the
fact finder determines beyond a reasonable doubt that any of the
following circumstances exist:
new text end

new text begin (i) the offender tortured the complainant;
new text end

new text begin (ii) the offender intentionally inflicted great bodily harm
upon the complainant;
new text end

new text begin (iii) the offender violated section 609.25 as part of the
same course of conduct against the complainant;
new text end

new text begin (iv) the complainant was under 13 years of age at the time
of the offense;
new text end

new text begin (v) the offender knowingly committed the offense in the
presence of a child under 13 years of age;
new text end

new text begin (vi) the offender was armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and used or
threatened to use the weapon or article to cause the complainant
to submit;
new text end

new text begin (vii) the offense involved sexual penetration or sexual
contact of the complainant by a foreign object or an animal;
new text end

new text begin (viii) the offense involved sexual penetration or sexual
contact of more than one victim; or
new text end

new text begin (ix) the offense involved more than one perpetrator
engaging in sexual penetration or sexual contact with the
complainant.
new text end

new text begin The fact finder may not consider a circumstance described
in items (i) to (ix), if it is an element of the underlying
violation of subdivision 1.
new text end

new text begin At the time of sentencing, the court shall specify a
minimum term of imprisonment that must be served before the
offender may be considered for supervised release.
new text end

new text begin As used in this paragraph, "torture" means the intentional
infliction of extreme mental anguish, or extreme psychological
or physical abuse, when committed in an especially depraved
manner.
new text end

new text begin (c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $40,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 609.342,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under deleted text begin section 609.109 deleted text end new text begin subdivision 2, paragraph (b) new text end , if a person
is convicted under subdivision 1, clause (g), the court may stay
imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 609.343,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided
in deleted text begin section 609.109 deleted text end new text begin paragraph (b) new text end , a person convicted under
subdivision 1 may be sentenced to imprisonment for not more than
25 years deleted text begin or to a payment of a fine of not more than $35,000, or
both deleted text end .

deleted text begin (b) deleted text end Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 90 months must be imposed on an
offender convicted of violating subdivision 1, clause (c), (d),
(e), (f), or (h). Sentencing a person in a manner other than
that described in this paragraph is a departure from the
Sentencing Guidelines.

new text begin (b) A person convicted under subdivision 1 of a second or
subsequent sex offense shall be sentenced to imprisonment for
life. At the time of sentencing, the court shall specify a
minimum term of imprisonment that must be served before the
offender may be considered for supervised release.
new text end

new text begin (c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $35,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 609.343,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under deleted text begin section 609.109 deleted text end new text begin subdivision 2, paragraph (b) new text end , if a person
is convicted under subdivision 1, clause (g), the court may stay
imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2004, section 609.344,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin (a) Except as otherwise provided in
paragraph (b), new text end a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than 15 years deleted text begin or to a
payment of a fine of not more than $30,000, or both deleted text end .

new text begin (b) A person convicted under subdivision 1 of a second or
subsequent sex offense shall be sentenced to imprisonment for
life. At the time of sentencing, the court shall specify a
minimum term of imprisonment that must be served before the
offender may be considered for supervised release.
new text end

new text begin (c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $30,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2004, section 609.344,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under deleted text begin section 609.109 deleted text end new text begin subdivision 2, paragraph (b) new text end , if a person
is convicted under subdivision 1, clause (f), the court may stay
imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2004, section 609.345,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin (a) Except as otherwise provided in
paragraph (b), new text end a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than ten years deleted text begin or to a
payment of a fine of not more than $20,000, or both deleted text end .

new text begin (b) A person convicted under subdivision 1 of a second or
subsequent sex offense shall be sentenced to imprisonment for
life. At the time of sentencing, the court shall specify a
minimum term of imprisonment that must be served before the
offender may be considered for supervised release.
new text end

new text begin (c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $20,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2004, section 609.345,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under deleted text begin section 609.109 deleted text end new text begin subdivision 2, paragraph (b) new text end , if a person
is convicted under subdivision 1, clause (f), the court may stay
imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 19.

new text begin [609.3453] CRIMINAL SEXUAL CONDUCT IN THE SIXTH
DEGREE.
new text end

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

new text begin A person is guilty of
criminal sexual conduct in the sixth degree if the person
commits a predatory crime that was motivated by the offender's
sexual impulses or was part of a predatory pattern of behavior
that had criminal sexual conduct as its goal.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) Except as otherwise provided in
paragraph (b), a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than seven years.
new text end

new text begin (b) A person convicted under subdivision 1 of a second or
subsequent sex offense shall be sentenced to imprisonment for
life. At the time of sentencing, the court shall specify a
minimum term of imprisonment that must be served before the
offender may be considered for supervised release.
new text end

new text begin (c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $20,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 20. new text begin SENTENCING GUIDELINES; CHANGES MANDATED.
new text end

new text begin (a) The Sentencing Guidelines Commission shall modify the
Sentencing Guidelines, including the guidelines grid, to reflect
the changes made in this act.
new text end

new text begin (b) The commission shall make the sex offender-related
modifications to the guidelines and grid proposed in the
commission's January 2005 report to the legislature, including
creating a separate sex offender grid, and changing the method
used to calculate the weights assigned to sex offenses when
calculating an offender's criminal history. However, the
commission shall adapt the proposed modifications to reflect the
restructuring of sex offense sentences under this article.
new text end

new text begin (c) Modifications made by the commission under this section
take effect August 1, 2005.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 609.108, subdivision 2, is
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

ARTICLE 2

SEX OFFENDERS:
TECHNICAL AND CONFORMING CHANGES

Section 1.

Minnesota Statutes 2004, section 14.03,
subdivision 3, is amended to read:

Subd. 3.

Rulemaking procedures.

(a) The definition of a
rule in section 14.02, subdivision 4, does not include:

(1) rules concerning only the internal management of the
agency or other agencies that do not directly affect the rights
of or procedures available to the public;

(2) an application deadline on a form; and the remainder of
a form and instructions for use of the form to the extent that
they do not impose substantive requirements other than
requirements contained in statute or rule;

(3) the curriculum adopted by an agency to implement a
statute or rule permitting or mandating minimum educational
requirements for persons regulated by an agency, provided the
topic areas to be covered by the minimum educational
requirements are specified in statute or rule;

(4) procedures for sharing data among government agencies,
provided these procedures are consistent with chapter 13 and
other law governing data practices.

(b) The definition of a rule in section 14.02, subdivision
4, does not include:

(1) rules of the commissioner of corrections relating to
the new text begin release, new text end placement new text begin , term, new text end and supervision of inmates serving
a supervised release new text begin or conditional release new text end term, the internal
management of institutions under the commissioner's control, and
rules adopted under section 609.105 governing the inmates of
those institutions;

(2) rules relating to weight limitations on the use of
highways when the substance of the rules is indicated to the
public by means of signs;

(3) opinions of the attorney general;

(4) the data element dictionary and the annual data
acquisition calendar of the Department of Education to the
extent provided by section 125B.07;

(5) the occupational safety and health standards provided
in section 182.655;

(6) revenue notices and tax information bulletins of the
commissioner of revenue;

(7) uniform conveyancing forms adopted by the commissioner
of commerce under section 507.09; or

(8) the interpretive guidelines developed by the
commissioner of human services to the extent provided in chapter
245A.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 243.166,
subdivision 1, is amended to read:

Subdivision 1.

Registration required.

(a) A person shall
register under this section if:

(1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:

(i) murder under section 609.185, clause (2); or

(ii) kidnapping under section 609.25; or

(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; deleted text begin or deleted text end 609.3451, subdivision 3; new text begin or
609.3453; new text end or

(iv) indecent exposure under section 617.23, subdivision 3;
or

(2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or

(3) the person deleted text begin was convicted of a predatory crime as
defined in section 609.108, and the offender deleted text end was sentenced deleted text begin as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its goal
deleted text end new text begin as a patterned sex offender under section 609.108 new text end ; or

(4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).

(b) A person also shall register under this section if:

(1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;

(2) the person enters the state to reside, or to work or
attend school; and

(3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person must
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.

For purposes of this paragraph:

(i) "school" includes any public or private educational
institution, including any secondary school, trade or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time
basis; and

(ii) "work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.

(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;

(2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.05,
subdivision 6, is amended to read:

Subd. 6.

Intensive supervised release.

The commissioner
may order that an inmate be placed on intensive supervised
release for all or part of the inmate's supervised release or
parole term if the commissioner determines that the action will
further the goals described in section 244.14, subdivision 1,
clauses (2), (3), and (4). In addition, the commissioner may
order that an inmate be placed on intensive supervised release
for all of the inmate's conditional or supervised release term
if the inmate was convicted of a sex offense under deleted text begin sections
deleted text end new text begin section new text end 609.342 deleted text begin to deleted text end new text begin , 609.343, 609.344, new text end 609.345 new text begin , or 609.3453, new text end or
was sentenced under the provisions of section 609.108. The
commissioner may impose appropriate conditions of release on the
inmate including but not limited to unannounced searches of the
inmate's person, vehicle, or premises by an intensive
supervision agent; compliance with court-ordered restitution, if
any; random drug testing; house arrest; daily curfews; frequent
face-to-face contacts with an assigned intensive supervision
agent; work, education, or treatment requirements; and
electronic surveillance. In addition, any sex offender placed
on intensive supervised release may be ordered to participate in
an appropriate sex offender program as a condition of release.
If the inmate violates the conditions of the intensive
supervised release, the commissioner shall impose sanctions as
provided in subdivision 3 and section 609.108.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 244.05,
subdivision 7, is amended to read:

Subd. 7.

Sex offenders; civil commitment determination.

(a) Before the commissioner releases from prison any inmate
convicted under deleted text begin sections deleted text end new text begin section new text end 609.342 deleted text begin to deleted text end new text begin , 609.343, 609.344,
new text end 609.345 new text begin , or 609.3453, new text end or sentenced as a patterned offender under
section 609.108, and determined by the commissioner to be in a
high risk category, the commissioner shall make a preliminary
determination whether, in the commissioner's opinion, a petition
under section 253B.185 may be appropriate.

(b) In making this decision, the commissioner shall have
access to the following data only for the purposes of the
assessment and referral decision:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

(c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination,
along with a summary of the reasons for the determination, to
the county attorney in the county where the inmate was convicted
no later than 12 months before the inmate's release date. If
the inmate is received for incarceration with fewer than 12
months remaining in the inmate's term of imprisonment, or if the
commissioner receives additional information less than 12 months
before release which makes the inmate's case appropriate for
referral, the commissioner shall forward the determination as
soon as is practicable. Upon receiving the commissioner's
preliminary determination, the county attorney shall proceed in
the manner provided in section 253B.185. The commissioner shall
release to the county attorney all requested documentation
maintained by the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 244.052,
subdivision 3, is amended to read:

Subd. 3.

End-of-confinement review committee.

(a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where predatory
offenders are confined. The committees shall assess on a
case-by-case basis the public risk posed by predatory offenders
who are about to be released from confinement.

(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:

(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;

(2) a law enforcement officer;

(3) a treatment professional who is trained in the
assessment of sex offenders;

(4) a caseworker experienced in supervising sex offenders;
and

(5) a victim's services professional.

Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.

(c) The committee shall have access to the following data
on a predatory offender only for the purposes of its assessment
and to defend the committee's risk assessment determination upon
administrative review under this section:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The predatory
offender has access to data on the offender collected and
maintained by the committee, unless the data are confidential
data received under this paragraph.

(d)(i) Except as otherwise provided in deleted text begin item deleted text end new text begin items new text end (ii) new text begin ,
(iii), and (iv) new text end , at least 90 days before a predatory offender is
to be released from confinement, the commissioner of corrections
shall convene the appropriate end-of-confinement review
committee for the purpose of assessing the risk presented by the
offender and determining the risk level to which the offender
shall be assigned under paragraph (e). The offender and the law
enforcement agency that was responsible for the charge resulting
in confinement shall be notified of the time and place of the
committee's meeting. The offender has a right to be present and
be heard at the meeting. The law enforcement agency may provide
material in writing that is relevant to the offender's risk
level to the chair of the committee. The committee shall use
the risk factors described in paragraph (g) and the risk
assessment scale developed under subdivision 2 to determine the
offender's risk assessment score and risk level. Offenders
scheduled for release from confinement shall be assessed by the
committee established at the facility from which the offender is
to be released.

(ii) If an offender is received for confinement in a
facility with less than 90 days remaining in the offender's term
of confinement, the offender's risk shall be assessed at the
first regularly scheduled end of confinement review committee
that convenes after the appropriate documentation for the risk
assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is
assessed and a risk level is assigned or reassigned at least 30
days before the offender's release date.

new text begin (iii) If the offender is subject to a mandatory life
sentence under section 609.342, subdivision 2, paragraph (b);
609.343, subdivision 2, paragraph (b); 609.344, subdivision 2,
paragraph (b); 609.345, subdivision 2, paragraph (b); or
609.3453, subdivision 2, paragraph (b), the commissioner of
corrections shall convene the appropriate end-of-confinement
review committee at least nine months before the offender's
minimum term of imprisonment has been served. If the offender
is received for confinement in a facility with less than nine
months remaining before the offender's minimum term of
imprisonment has been served, the committee shall conform its
procedures to those outlined in item (ii) to the extent
practicable.
new text end

new text begin (iv) If the offender is granted supervised release, the
commissioner of corrections shall notify the appropriate
end-of-confinement review committee that it needs to review the
offender's previously determined risk level at its next
regularly scheduled meeting. The commissioner shall make
reasonable efforts to ensure that the offender's earlier risk
level determination is reviewed and the risk level is confirmed
or reassigned at least 60 days before the offender's release
date. The committee shall give the report to the offender and
to the law enforcement agency at least 60 days before an
offender is released from confinement.
new text end

(e) The committee shall assign to risk level I a predatory
offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign to risk level II an
offender whose risk assessment score indicates a moderate risk
of reoffense. The committee shall assign to risk level III an
offender whose risk assessment score indicates a high risk of
reoffense.

(f) Before the predatory offender is released from
confinement, the committee shall prepare a risk assessment
report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk
assessment decision. new text begin Except for an offender subject to a
mandatory life sentence under section 609.342, subdivision 2,
paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344,
subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph
(b); or 609.3453, subdivision 2, paragraph (b), who has not been
granted supervised release, new text end the committee shall give the report
to the offender and to the law enforcement agency at least 60
days before an offender is released from confinement. new text begin If the
offender is subject to a mandatory life sentence and has not yet
served the entire minimum term of imprisonment, the committee
shall give the report to the offender and to the commissioner at
least six months before the offender is first eligible for
release. new text end If the risk assessment is performed under the
circumstances described in paragraph (d), item (ii), the report
shall be given to the offender and the law enforcement agency as
soon as it is available. The committee also shall inform the
offender of the availability of review under subdivision 6.

(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:

(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:

(i) the degree of likely force or harm;

(ii) the degree of likely physical contact; and

(iii) the age of the likely victim;

(2) the offender's prior offense history. This factor
includes consideration of the following:

(i) the relationship of prior victims to the offender;

(ii) the number of prior offenses or victims;

(iii) the duration of the offender's prior offense history;

(iv) the length of time since the offender's last prior
offense while the offender was at risk to commit offenses; and

(v) the offender's prior history of other antisocial acts;

(3) the offender's characteristics. This factor includes
consideration of the following:

(i) the offender's response to prior treatment efforts; and

(ii) the offender's history of substance abuse;

(4) the availability of community supports to the offender.
This factor includes consideration of the following:

(i) the availability and likelihood that the offender will
be involved in therapeutic treatment;

(ii) the availability of residential supports to the
offender, such as a stable and supervised living arrangement in
an appropriate location;

(iii) the offender's familial and social relationships,
including the nature and length of these relationships and the
level of support that the offender may receive from these
persons; and

(iv) the offender's lack of education or employment
stability;

(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and

(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.

(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency which was responsible for the charge
resulting in confinement or agent shall list the facts and
circumstances arising after the initial assignment or facts and
circumstances known to law enforcement or the agent but not
considered by the committee under paragraph (e) which support
the request for a reassessment. The request for reassessment by
the law enforcement agency must occur within 30 days of receipt
of the report indicating the offender's risk level assignment.
The offender's corrections agent, in consultation with the chief
law enforcement officer in the area where the offender resides
or intends to reside, may request a review of a risk level at
any time if substantial evidence exists that the offender's risk
level should be reviewed by an end-of-confinement review
committee. This evidence includes, but is not limited to,
evidence of treatment failures or completions, evidence of
exceptional crime-free community adjustment or lack of
appropriate adjustment, evidence of substantial community need
to know more about the offender or mitigating circumstances that
would narrow the proposed scope of notification, or other
practical situations articulated and based in evidence of the
offender's behavior while under supervision. Upon review of the
request, the end-of-confinement review committee may reassign an
offender to a different risk level. If the offender is
reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.

(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
three years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. In order for a request for a risk level
reduction to be granted, the offender must demonstrate full
compliance with supervised release conditions, completion of
required post-release treatment programming, and full compliance
with all registration requirements as detailed in section
243.166. The offender must also not have been convicted of any
felony, gross misdemeanor, or misdemeanor offenses subsequent to
the assignment of the original risk level. The committee shall
follow the process outlined in paragraphs (a) to (c) in the
reassessment. An offender who is incarcerated may not request a
reassessment under this paragraph.

(j) Offenders returned to prison as release violators shall
not have a right to a subsequent risk reassessment by the
end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.

(k) The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who are
released from a federal correctional facility in Minnesota or
another state and who intend to reside in Minnesota, and to
offenders accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16. The committee shall make
reasonable efforts to conform to the same timelines as applied
to Minnesota cases. Offenders accepted from another state under
a reciprocal agreement for probation supervision are not
assigned a risk level, but are considered downward dispositional
departures. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a. The policies and procedures of
the committee for federal offenders and interstate compact cases
must be in accordance with all requirements as set forth in this
section, unless restrictions caused by the nature of federal or
interstate transfers prevents such conformance.

(l) If the committee assigns a predatory offender to risk
level III, the committee shall determine whether residency
restrictions shall be included in the conditions of the
offender's release based on the offender's pattern of offending
behavior.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 609.109,
subdivision 2, is amended to read:

Subd. 2.

Presumptive executed sentence.

Except as
provided in subdivision 3 or 4, if a person is convicted under
sections 609.342 to deleted text begin 609.345 deleted text end new text begin 609.3453 new text end , within 15 years of a
previous sex offense conviction, the court shall commit the
defendant to the commissioner of corrections for not less than
three years, nor more than the maximum sentence provided by law
for the offense for which convicted, notwithstanding the
provisions of sections 242.19, 243.05, 609.11, 609.12, and
609.135. The court may stay the execution of the sentence
imposed under this subdivision only if it finds that a
professional assessment indicates the offender is accepted by
and can respond to treatment at a long-term inpatient program
exclusively treating sex offenders and approved by the
commissioner of corrections. If the court stays the execution
of a sentence, it shall include the following as conditions of
probation:

(1) incarceration in a local jail or workhouse; and

(2) a requirement that the offender successfully complete
the treatment program and aftercare as directed by the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.109,
subdivision 5, is amended to read:

Subd. 5.

Previous sex offense convictions.

For the
purposes of this section, a conviction is considered a previous
sex offense conviction if the person was convicted of a sex
offense before the commission of the present offense of
conviction. A person has two previous sex offense convictions
only if the person was convicted and sentenced for a sex offense
committed after the person was earlier convicted and sentenced
for a sex offense, both convictions preceded the commission of
the present offense of conviction, and 15 years have not elapsed
since the person was discharged from the sentence imposed for
the second conviction. A "sex offense" is a violation of
sections 609.342 to deleted text begin 609.345 deleted text end new text begin 609.3453 new text end or any similar statute of
the United States, this state, or any other state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.117,
subdivision 1, is amended to read:

Subdivision 1.

Upon sentencing.

The court shall order an
offender to provide a biological specimen for the purpose of DNA
analysis as defined in section 299C.155 when:

(1) the court sentences a person charged with violating or
attempting to violate any of the following, and the person is
convicted of that offense or of any offense arising out of the
same set of circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;

(2) the court sentences a person as a patterned sex
offender under section 609.108; or

(3) the juvenile court adjudicates a person a delinquent
child who is the subject of a delinquency petition for violating
or attempting to violate any of the following, and the
delinquency adjudication is based on a violation of one of those
sections or of any offense arising out of the same set of
circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3.

The biological specimen or the results of the analysis shall be
maintained by the Bureau of Criminal Apprehension as provided in
section 299C.155.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.117,
subdivision 2, is amended to read:

Subd. 2.

Before release.

The commissioner of corrections
or local corrections authority shall order a person to provide a
biological specimen for the purpose of DNA analysis before
completion of the person's term of imprisonment when the person
has not provided a biological specimen for the purpose of DNA
analysis and the person:

(1) is currently serving a term of imprisonment for or has
a past conviction for violating or attempting to violate any of
the following or a similar law of another state or the United
States or initially charged with violating one of the following
sections or a similar law of another state or the United States
and convicted of another offense arising out of the same set of
circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;
or

(2) was sentenced as a patterned sex offender under section
609.108, and committed to the custody of the commissioner of
corrections; or

(3) is serving a term of imprisonment in this state under a
reciprocal agreement although convicted in another state of an
offense described in this subdivision or a similar law of the
United States or any other state. The commissioner of
corrections or local corrections authority shall forward the
sample to the Bureau of Criminal Apprehension.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.1351, is
amended to read:

609.1351 PETITION FOR CIVIL COMMITMENT.

When a court sentences a person under section 609.108,
609.342, 609.343, 609.344, deleted text begin or deleted text end 609.345, new text begin or 609.3453, new text end the court
shall make a preliminary determination whether in the court's
opinion a petition under section 253B.185 may be appropriate and
include the determination as part of the sentencing order. If
the court determines that a petition may be appropriate, the
court shall forward its preliminary determination along with
supporting documentation to the county attorney.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.347, is
amended to read:

609.347 EVIDENCE new text begin IN CRIMINAL SEXUAL CONDUCT CASES new text end .

Subdivision 1. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453 new text end , the testimony of a victim need
not be corroborated.

Subd. 2. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451, new text begin or 609.3453, new text end there is no need to show that
the victim resisted the accused.

Subd. 3. In a prosecution under sections 609.109, 609.342
to 609.3451, new text begin 609.3453, new text end or 609.365, evidence of the victim's
previous sexual conduct shall not be admitted nor shall any
reference to such conduct be made in the presence of the jury,
except by court order under the procedure provided in
subdivision 4. The evidence can be admitted only if the
probative value of the evidence is not substantially outweighed
by its inflammatory or prejudicial nature and only in the
circumstances set out in paragraphs (a) and (b). For the
evidence to be admissible under paragraph (a), subsection (i),
the judge must find by a preponderance of the evidence that the
facts set out in the accused's offer of proof are true. For the
evidence to be admissible under paragraph (a), subsection (ii)
or paragraph (b), the judge must find that the evidence is
sufficient to support a finding that the facts set out in the
accused's offer of proof are true, as provided under Rule 901 of
the Rules of Evidence.

(a) When consent of the victim is a defense in the case,
the following evidence is admissible:

(i) evidence of the victim's previous sexual conduct
tending to establish a common scheme or plan of similar sexual
conduct under circumstances similar to the case at issue. In
order to find a common scheme or plan, the judge must find that
the victim made prior allegations of sexual assault which were
fabricated; and

(ii) evidence of the victim's previous sexual conduct with
the accused.

(b) When the prosecution's case includes evidence of semen,
pregnancy, or disease at the time of the incident or, in the
case of pregnancy, between the time of the incident and trial,
evidence of specific instances of the victim's previous sexual
conduct is admissible solely to show the source of the semen,
pregnancy, or disease.

Subd. 4. The accused may not offer evidence described in
subdivision 3 except pursuant to the following procedure:

(a) A motion shall be made by the accused at least three
business days prior to trial, unless later for good cause shown,
setting out with particularity the offer of proof of the
evidence that the accused intends to offer, relative to the
previous sexual conduct of the victim;

(b) If the court deems the offer of proof sufficient, the
court shall order a hearing out of the presence of the jury, if
any, and in such hearing shall allow the accused to make a full
presentation of the offer of proof;

(c) At the conclusion of the hearing, if the court finds
that the evidence proposed to be offered by the accused
regarding the previous sexual conduct of the victim is
admissible under subdivision 3 and that its probative value is
not substantially outweighed by its inflammatory or prejudicial
nature, the court shall make an order stating the extent to
which evidence is admissible. The accused may then offer
evidence pursuant to the order of the court;

(d) If new information is discovered after the date of the
hearing or during the course of trial, which may make evidence
described in subdivision 3 admissible, the accused may make an
offer of proof pursuant to clause (a) and the court shall order
an in camera hearing to determine whether the proposed evidence
is admissible by the standards herein.

Subd. 5. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453 new text end , the court shall not instruct
the jury to the effect that:

(a) It may be inferred that a victim who has previously
consented to sexual intercourse with persons other than the
accused would be therefore more likely to consent to sexual
intercourse again; or

(b) The victim's previous or subsequent sexual conduct in
and of itself may be considered in determining the credibility
of the victim; or

(c) Criminal sexual conduct is a crime easily charged by a
victim but very difficult to disprove by an accused because of
the heinous nature of the crime; or

(d) The jury should scrutinize the testimony of the victim
any more closely than it should scrutinize the testimony of any
witness in any felony prosecution.

Subd. 6. (a) In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453, new text end involving a psychotherapist
and patient, evidence of the patient's personal or medical
history is not admissible except when:

(1) the accused requests a hearing at least three business
days prior to trial and makes an offer of proof of the relevancy
of the history; and

(2) the court finds that the history is relevant and that
the probative value of the history outweighs its prejudicial
value.

(b) The court shall allow the admission only of specific
information or examples of conduct of the victim that are
determined by the court to be relevant. The court's order shall
detail the information or conduct that is admissible and no
other evidence of the history may be introduced.

(c) Violation of the terms of the order is grounds for
mistrial but does not prevent the retrial of the accused.

Subd. 7.

Effect of statute on rules.

Rule 412 of the
Rules of Evidence is superseded to the extent of its conflict
with this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 609.3471, is
amended to read:

609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
CONFIDENTIAL.

Notwithstanding any provision of law to the contrary, no
data contained in records or reports relating to petitions,
complaints, or indictments issued pursuant to section 609.342 deleted text begin ; deleted text end new text begin ,
new text end 609.343 deleted text begin ; deleted text end new text begin , new text end 609.344 deleted text begin ; or deleted text end new text begin , new text end 609.345 new text begin , or 609.3453, new text end which
specifically identifies a victim who is a minor shall be
accessible to the public, except by order of the court. Nothing
in this section authorizes denial of access to any other data
contained in the records or reports, including the identity of
the defendant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 609.348, is
amended to read:

609.348 MEDICAL PURPOSES; EXCLUSION.

Sections 609.109 deleted text begin and deleted text end new text begin , new text end 609.342 to 609.3451 new text begin , and 609.3453 new text end do
not apply to sexual penetration or sexual contact when done for
a bona fide medical purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 609.353, is
amended to read:

609.353 JURISDICTION.

A violation or attempted violation of section 609.342,
609.343, 609.344, 609.345, 609.3451, new text begin 609.3453, new text end or 609.352 may be
prosecuted in any jurisdiction in which the violation originates
or terminates.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2004, section 631.045, is
amended to read:

631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.

At the trial of a complaint or indictment for a violation
of sections 609.109, 609.341 to 609.3451, new text begin 609.3453, new text end or 617.246,
subdivision 2, when a minor under 18 years of age is the person
upon, with, or against whom the crime is alleged to have been
committed, the judge may exclude the public from the courtroom
during the victim's testimony or during all or part of the
remainder of the trial upon a showing that closure is necessary
to protect a witness or ensure fairness in the trial. The judge
shall give the prosecutor, defendant and members of the public
the opportunity to object to the closure before a closure order.
The judge shall specify the reasons for closure in an order
closing all or part of the trial. Upon closure the judge shall
only admit persons who have a direct interest in the case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 16. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber Minnesota
Statutes, section 609.3452, as Minnesota Statutes, section
609.3457, and correct cross-references. In addition, the
revisor shall delete the reference in Minnesota Statutes,
section 13.871, subdivision 3, paragraph (d), to Minnesota
Statutes, section 609.3452, and insert a reference to Minnesota
Statutes, section 609.3457. The revisor shall include a
notation in Minnesota Statutes to inform readers of the statutes
of the renumbering of section 609.3457.
new text end

new text begin (b) In addition to the specific changes described in
paragraph (a), the revisor of statutes shall make other
technical changes necessitated by this act.
new text end