HF 3983

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing that predatory 
  1.3             offender registration law applies retroactively to 
  1.4             certain offenders; making changes to the predatory 
  1.5             offender registration law; amending Minnesota Statutes 
  1.6             1998, sections 243.166, subdivisions 3, 5, and 7; 
  1.7             Minnesota Statutes 1999 Supplement, sections 243.166, 
  1.8             subdivisions 1, 2, 4, and 6; repealing Minnesota 
  1.9             Statutes 1998, sections 243.166, subdivision 8. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.12  243.166, subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  1.14  register under this section if:  
  1.15     (1) the person was charged with or petitioned for a felony 
  1.16  violation of or attempt to violate any of the following, and 
  1.17  convicted of or adjudicated delinquent for that offense or 
  1.18  another offense arising out of the same set of circumstances: 
  1.19     (i) murder under section 609.185, clause (2); or 
  1.20     (ii) kidnapping under section 609.25; or 
  1.21     (iii) criminal sexual conduct under section 609.342; 
  1.22  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
  1.23     (iv) indecent exposure under section 617.23, subdivision 3; 
  1.24  or 
  1.25     (2) the person was charged with or petitioned for falsely 
  1.26  imprisoning a minor in violation of section 609.255, subdivision 
  1.27  2; soliciting a minor to engage in prostitution in violation of 
  2.1   section 609.322 or 609.324; soliciting a minor to engage in 
  2.2   sexual conduct in violation of section 609.352; using a minor in 
  2.3   a sexual performance in violation of section 617.246; or 
  2.4   possessing pictorial representations of minors in violation of 
  2.5   section 617.247, and convicted of or adjudicated delinquent for 
  2.6   that offense or another offense arising out of the same set of 
  2.7   circumstances; or 
  2.8      (3) the person was convicted of a predatory crime as 
  2.9   defined in section 609.108, and the offender was sentenced as a 
  2.10  patterned sex offender or the court found on its own motion or 
  2.11  that of the prosecutor that the crime was part of a predatory 
  2.12  pattern of behavior that had criminal sexual conduct as its 
  2.13  goal; or 
  2.14     (4) the person was convicted of or adjudicated delinquent 
  2.15  for violating a law of the United States similar to the offenses 
  2.16  described in clause (1), (2), or (3). 
  2.17     (b) A person also shall register under this section if: 
  2.18     (1) the person was convicted of or adjudicated delinquent 
  2.19  in another state for an offense that would be a violation of a 
  2.20  law described in paragraph (a) if committed in this state; 
  2.21     (2) the person enters the state as required in subdivision 
  2.22  3, paragraph (b); and 
  2.23     (3) ten 20 years have not elapsed since the person was 
  2.24  released from confinement or, if the person was not confined, 
  2.25  since the person was convicted of or adjudicated delinquent for 
  2.26  the offense that triggers registration.  
  2.27     (c) A person also shall register under this section if the 
  2.28  person was committed pursuant to a court commitment order under 
  2.29  section 253B.185 or Minnesota Statutes 1992, section 526.10, 
  2.30  regardless of whether the person was convicted of any offense. 
  2.31     (d) A person also shall register under this section if: 
  2.32     (1) the person was charged with or petitioned for a felony 
  2.33  violation or attempt to violate any of the offenses listed in 
  2.34  paragraph (a), clause (1), or a similar law of another state or 
  2.35  federal jurisdiction, or the person was charged with or 
  2.36  petitioned for a violation of any of the offenses listed in 
  3.1   paragraph (a), clause (2), or a similar law of another state or 
  3.2   federal jurisdiction; 
  3.3      (2) the person was found not guilty by reason of mental 
  3.4   illness or mental deficiency after a trial for that offense, or 
  3.5   found guilty but mentally ill after a trial for that offense, in 
  3.6   states with a guilty but mentally ill verdict; and 
  3.7      (3) the person was committed pursuant to a court commitment 
  3.8   order under section 253B.18 or a similar law of another state or 
  3.9   federal jurisdiction. 
  3.10     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  3.11  243.166, subdivision 2, is amended to read: 
  3.12     Subd. 2.  [NOTICE.] When a person who is required to 
  3.13  register under subdivision 1, paragraph (a), is sentenced or 
  3.14  becomes subject to a juvenile court disposition order, the court 
  3.15  shall tell the person of the duty to register under this 
  3.16  section.  The court may not modify the person's duty to register 
  3.17  in the pronounced sentence or disposition order.  The court 
  3.18  shall require the person to read and sign a form stating that 
  3.19  the duty of the person to register under this section has been 
  3.20  explained.  The court shall forward the signed sex offender 
  3.21  registration form, the complaint, and sentencing documents to 
  3.22  the bureau of criminal apprehension.  If a person required to 
  3.23  register under subdivision 1, paragraph (a), was not notified by 
  3.24  the court of the registration requirement at the time of 
  3.25  sentencing or disposition, the assigned corrections agent shall 
  3.26  notify the person of the requirements of this section.  When a 
  3.27  person who is required to register under subdivision 1, 
  3.28  paragraph (c) or (d), is released from commitment, the treatment 
  3.29  facility shall notify the person of the requirements of this 
  3.30  section.  The treatment facility shall also obtain the 
  3.31  registration information required under this section and forward 
  3.32  it to the bureau of criminal apprehension and the responsible 
  3.33  correctional authority of the county where the person will 
  3.34  reside. 
  3.35     Sec. 3.  Minnesota Statutes 1998, section 243.166, 
  3.36  subdivision 3, is amended to read: 
  4.1      Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
  4.2   to register under this section shall register with the 
  4.3   corrections agent as soon as the agent is assigned to the 
  4.4   person.  The person shall continue to report to that corrections 
  4.5   agency throughout the time period during which the person must 
  4.6   register under this section. 
  4.7      (b) If the person does not have an assigned corrections 
  4.8   agent or is unable to locate the assigned corrections agent, the 
  4.9   person shall register with the law enforcement agency that has 
  4.10  jurisdiction in the area of the person's residence responsible 
  4.11  correctional authority of the county where the person resides 
  4.12  when first requested to register. 
  4.13     (b) (c) At least five days before the person starts living 
  4.14  at a new address, including living in another state, the person 
  4.15  shall give written notice of the new living address to the 
  4.16  assigned corrections agent or to the law enforcement authority 
  4.17  with which the person currently is registered.  If the person 
  4.18  will be living in a new state and that state has a registration 
  4.19  requirement, the person shall also give written notice of the 
  4.20  new address to the designated registration agency in the new 
  4.21  state.  The corrections agent or law enforcement authority 
  4.22  shall, within two business days after receipt of this 
  4.23  information, forward it to the bureau of criminal apprehension.  
  4.24  The bureau of criminal apprehension shall, if it has not already 
  4.25  been done, notify the law enforcement authority having primary 
  4.26  jurisdiction in the community where the person will live of the 
  4.27  new address.  If the person is leaving the state, the bureau of 
  4.28  criminal apprehension shall notify the registration authority in 
  4.29  the new state of the new address. 
  4.30     (d) The correctional authority may charge the person a fee 
  4.31  for this service as allowed by section 609.102. 
  4.32     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  4.33  243.166, subdivision 4, is amended to read: 
  4.34     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
  4.35  provided to the corrections agent or law enforcement authority, 
  4.36  must consist of a statement in writing signed by the person, 
  5.1   giving information required by the bureau of criminal 
  5.2   apprehension, a fingerprint card, and photograph of the person 
  5.3   taken at the time of the person's release from incarceration or, 
  5.4   if the person was not incarcerated, at the time the person 
  5.5   initially registered under this section.  Registration 
  5.6   information on adults and juveniles may be maintained together 
  5.7   notwithstanding section 260B.171, subdivision 3.  
  5.8      (b) Within three days, the corrections agent or law 
  5.9   enforcement authority shall forward the statement, fingerprint 
  5.10  card, and photograph to the bureau of criminal apprehension.  
  5.11  The bureau shall ascertain whether the person has registered 
  5.12  with send one copy to the law enforcement authority where the 
  5.13  person resides.  If the person has not registered with the law 
  5.14  enforcement authority, the bureau shall send one copy to that 
  5.15  authority.  
  5.16     (c) During the period a person is required to register 
  5.17  under this section, the following shall apply: 
  5.18     (1) Twice each year, within 30 days of the anniversary date 
  5.19  of the person's initial registration January 1 and July 1, 
  5.20  the bureau of criminal apprehension responsible correctional 
  5.21  authority shall mail a verification form to the last reported 
  5.22  address of the person. 
  5.23     (2) The person shall mail the signed verification form back 
  5.24  to the bureau of criminal apprehension responsible correctional 
  5.25  authority within ten days after receipt of the form, stating on 
  5.26  the form the current and last address of the person. 
  5.27     (3) If the person fails to mail the completed and signed 
  5.28  verification form to the bureau of criminal apprehension 
  5.29  responsible correctional authority within ten days after receipt 
  5.30  of the form, the person shall be in violation of this section. 
  5.31     Sec. 5.  Minnesota Statutes 1998, section 243.166, 
  5.32  subdivision 5, is amended to read: 
  5.33     Subd. 5.  [CRIMINAL PENALTY.] A person required to register 
  5.34  under this section who knowingly violates any of its provisions 
  5.35  or intentionally provides false information to a corrections 
  5.36  agent, law enforcement authority, or the bureau of criminal 
  6.1   apprehension is guilty of a gross misdemeanor.  A person 
  6.2   convicted of or adjudicated delinquent for violating this 
  6.3   section who previously has been convicted under this section is 
  6.4   guilty of a felony.  The county attorney shall prosecute all 
  6.5   violations of this section. 
  6.6      Sec. 6.  Minnesota Statutes 1999 Supplement, section 
  6.7   243.166, subdivision 6, is amended to read: 
  6.8      Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
  6.9   provisions of section 609.165, subdivision 1, a person required 
  6.10  to register under this section shall continue to comply with 
  6.11  this section until ten 20 years have elapsed since the person 
  6.12  initially registered in connection with the offense, or until 
  6.13  the probation, supervised release, or conditional release period 
  6.14  expires, whichever occurs later.  For a person required to 
  6.15  register under this section who is committed under section 
  6.16  253B.18 or 253B.185, the ten-year 20-year registration period 
  6.17  does not include the period of commitment. 
  6.18     (b) If a person required to register under this section 
  6.19  fails to register following a change in residence, the 
  6.20  commissioner of public safety may require the person to continue 
  6.21  to register for an additional period of five years. 
  6.22     Sec. 7.  Minnesota Statutes 1998, section 243.166, 
  6.23  subdivision 7, is amended to read: 
  6.24     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
  6.25  provided in section 244.052, the information provided under this 
  6.26  section is private data on individuals under section 13.01, 
  6.27  subdivision 12.  The information may be used only 
  6.28  for correctional or law enforcement purposes.  
  6.29     Sec. 8.  [REPEALER.] 
  6.30     Minnesota Statutes 1998, section 243.166, subdivision 8, is 
  6.31  repealed. 
  6.32     Sec. 9.  [EFFECTIVE DATE.] 
  6.33     Sections 1 to 8 are effective August 1, 2000, and apply to 
  6.34  crimes committed on or after that date and to crimes committed 
  6.35  before that date if the person has not been released or 
  6.36  discharged from sentence before August 1, 2000.