SF 2546

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 10/30/2014 11:14am

A bill for an act
relating to public safety; modifying and clarifying predatory offender registration
requirements; clarifying sentence for crime of criminal sexual conduct in the third
degree; amending Minnesota Statutes 2012, section 609.344, subdivisions 1, 2;
Minnesota Statutes 2013 Supplement, section 243.166, subdivisions 1b, 3a, 4, 6.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 243.166, subdivision 1b,
is amended to read:

Subd. 1b.

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, or aiding, abetting, or conspiracy to commit, 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, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345;
609.3451, subdivision 3; or 609.3453; or

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

(2) the person was charged with or petitioned for a violation of, or attempt to
violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of
section 609.2325, subdivision 1, paragraph (b) deleted text begin , deleted text end new text begin ; new text end false imprisonment in violation of
section 609.255, subdivision 2; deleted text begin soliciting a minor to engage in prostitution in deleted text end new text begin solicitation,
inducement, or promotion of the prostitution of a minor or engaging in the sex trafficking
of a minor in new text end violation of section 609.322 deleted text begin or deleted text end new text begin ; a prostitution offense involving a minor
under the age of 13 years in violation of section new text end 609.324 new text begin , subdivision 1, paragraph (a) new text end ;
soliciting a minor to engage in sexual conduct in violation of section 609.352 new text begin , subdivision
2 or 2a, clause (1) new text end ; 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;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or

(4) the person was deleted text begin convicted of or adjudicated delinquent deleted text end new text begin charged with or petitioned
new text end 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) new text begin , and convicted of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances new text end .

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

(1) the person was deleted text begin convicted of or adjudicated delinquent in another state deleted text end new text begin charged
with or petitioned new text end for an offense new text begin in another state new text end that would be a violation of a law
described in paragraph (a) if committed in this state new text begin and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances new text end ;

(2) the person enters this state to reside, work, or attend school, or enters this state
and remains for 14 days or longer; 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 a longer
registration period under the laws of another state in which the person has been convicted
or adjudicated, or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period
in another state or is subject to lifetime registration, the person shall register for that
time period regardless of when the person was released from confinement, convicted, or
adjudicated delinquent.

(c) A person also shall register under this section if the person was committed
pursuant to a court commitment order under new text begin Minnesota Statutes 2012, section 253B.185,
new text end chapter 253D deleted text begin or deleted text end new text begin , new text end 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 Paragraphs (a) and (b) are effective August 1, 2014, and
apply to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2013 Supplement, section 243.166, subdivision 3a, is
amended to read:

Subd. 3a.

Registration procedure when person lacks primary address.

(a) If
a person leaves a primary address and does not have a new primary address, the person
shall register with the law enforcement authority that has jurisdiction in the area where the
person is staying within 24 hours of the time the person no longer has a primary address.

(b) Notwithstanding the time period for registration in paragraphs (a) and (c), a
person with a primary address of a correctional facility who is scheduled to be released
from the facility and who does not have a new primary address shall register with the law
enforcement authority that has jurisdiction in the area where the person will be staying at
least three days before the person is released from the correctional facility.

(c) A person who lacks a primary address shall register with the law enforcement
authority that has jurisdiction in the area where the person is staying within 24 hours after
entering the jurisdiction. Each time a person who lacks a primary address moves to a new
jurisdiction without acquiring a new primary address, the person shall register with the
law enforcement authority that has jurisdiction in the area where the person is staying
within 24 hours after entering the jurisdiction.

(d) Upon registering under this subdivision, the person shall provide the law
enforcement authority with all of the information the individual is required to provide under
subdivision 4a. However, instead of reporting the person's primary address, the person shall
describe the location of where the person is staying with as much specificity as possible.

(e) Except as otherwise provided in paragraph (f), if a person continues to lack
a primary address, the person shall report in person on a weekly basis to the law
enforcement authority with jurisdiction in the area where the person is staying. This
weekly report shall occur between the hours of 9:00 a.m. and 5:00 p.m. The person is
not required to provide the registration information required under subdivision 4a each
time the offender reports to an authority, but the person shall inform the authority of
changes to any information provided under this subdivision or subdivision 4a and shall
otherwise comply with this subdivision.

(f) If the law enforcement authority determines that it is impractical, due to the
person's unique circumstances, to require a person lacking a primary address to report
weekly and in person as required under paragraph (e), the authority may authorize the
person to follow an alternative reporting procedure. The authority shall consult with the
person's corrections agent, if the person has one, in establishing the specific criteria of this
alternative procedure, subject to the following requirements:

(1) the authority shall document, in the person's registration record, the specific
reasons why the weekly in-person reporting process is impractical for the person to follow;

(2) the authority shall explain how the alternative reporting procedure furthers
the public safety objectives of this section;

(3) the authority shall require the person lacking a primary address to report in
person at least monthly to the authority or the person's corrections agent and shall
specify the location where the person shall report. If the authority determines it would
be more practical and would further public safety for the person to report to another
law enforcement authority with jurisdiction where the person is staying, it may, after
consulting with the other law enforcement authority, include this requirement in the
person's alternative reporting process;

(4) the authority shall require the person to comply with the weekly, in-person
reporting process required under paragraph (e), if the person moves to a new area where
this process would be practical;

(5) the authority shall require the person to report any changes to the registration
information provided under subdivision 4a and to comply with the periodic registration
requirements specified under paragraph (g); and

(6) the authority shall require the person to comply with the requirements of
subdivision 3, paragraphs (b) and (c), if the person moves to a primary address.

(g) If a person continues to lack a primary address and continues to report to the
same law enforcement authority, the person shall provide the authority with all of the
information the individual is required to provide under this subdivision and subdivision 4a
at least annually, unless the person is required to register under subdivision 1b, paragraph
(c), following commitment pursuant to a court commitment under new text begin Minnesota Statutes
2012, section 253B.185, new text end chapter 253D new text begin , Minnesota Statutes 1992, section 526.10, new text end or a
similar law of another state or the United States. If the person is required to register under
subdivision 1b, paragraph (c), the person shall provide the law enforcement authority
with all of the information the individual is required to report under this subdivision and
subdivision 4a at least once every three months.

(h) A law enforcement authority receiving information under this subdivision shall
forward registration information and changes to that information to the bureau within two
business days of receipt of the information.

(i) For purposes of this subdivision, a person who fails to report a primary address
will be deemed to be a person who lacks a primary address, and the person shall comply
with the requirements for a person who lacks a primary address.

Sec. 3.

Minnesota Statutes 2013 Supplement, section 243.166, subdivision 4, is
amended to read:

Subd. 4.

Contents of registration.

(a) The registration provided to the corrections
agent or law enforcement authority, must consist of a statement in writing signed by the
person, giving information required by the bureau, deleted text begin a fingerprint card deleted text end new text begin fingerprints new text end , and
photograph of the person taken at the time of the person's release from incarceration or, if
the person was not incarcerated, at the time the person initially registered under this section.
The registration information also must include a written consent form signed by the person
allowing a treatment facility or residential housing unit or shelter to release information to
a law enforcement officer about the person's admission to, or residence in, a treatment
facility or residential housing unit or shelter. Registration information on adults and
juveniles may be maintained together notwithstanding section 260B.171, subdivision 3.

(b) For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under new text begin Minnesota Statutes 2012, section
253B.185, new text end chapter 253D new text begin , Minnesota Statutes 1992, section 526.10, new text end or a similar law of
another state or the United States, in addition to other information required by this section,
the registration provided to the corrections agent or law enforcement authority must
include the person's offense history and documentation of treatment received during the
person's commitment. This documentation is limited to a statement of how far the person
progressed in treatment during commitment.

(c) Within three days of receipt, the corrections agent or law enforcement authority
shall forward the registration information to the bureau. The bureau shall ascertain
whether the person has registered with the law enforcement authority in the area of the
person's primary address, if any, or if the person lacks a primary address, where the person
is staying, as required by subdivision 3a. If the person has not registered with the law
enforcement authority, the bureau shall send one copy to that authority.

(d) The corrections agent or law enforcement authority may require that a person
required to register under this section appear before the agent or authority to be
photographed. The agent or authority shall forward the photograph to the bureau.

(1) Except as provided in clause (2), the agent or authority deleted text begin shall require a person
required to register under this section who is classified as a level III offender under section
244.052 to appear before the agent or authority at least every six months to be photographed
deleted text end new text begin may photograph any offender at a time and frequency chosen by the agent or authority new text end .

(2) The requirements of this paragraph shall not apply during any period where
the person to be photographed is: (i) committed to the commissioner of corrections and
incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the
commissioner of human services and receiving treatment in a secure treatment facility.

(e) During the period a person is required to register under this section, the following
provisions apply:

(1) Except for persons registering under subdivision 3a, the bureau shall mail a
verification form to the person's last reported primary address. This verification form must
provide notice to the offender that, if the offender does not return the verification form
as required, information about the offender may be made available to the public through
electronic, computerized, or other accessible means. For persons who are registered under
subdivision 3a, the bureau shall mail an annual verification form to the law enforcement
authority where the offender most recently reported. The authority shall provide the
verification form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau. Notice is sufficient under this
paragraph, if the verification form is sent by first class mail to the person's last reported
primary address, or for persons registered under subdivision 3a, to the law enforcement
authority where the offender most recently reported.

(2) The person shall mail the signed verification form back to the bureau within ten
days after receipt of the form, stating on the form the current and last address of the
person's residence and the other information required under subdivision 4a.

(3) In addition to the requirements listed in this section, deleted text begin a person who is assigned
to risk level II or III under section 244.052, and deleted text end new text begin an offender new text end who is no longer under
correctional supervision for a registration offense, or a failure to register offense, but who
resides, works, or attends school in Minnesota, shall have an deleted text begin annual deleted text end in-person contact
with a law enforcement authority as provided in this section. If the person resides in
Minnesota, the deleted text begin annual deleted text end in-person contact shall be with the law enforcement authority
that has jurisdiction over the person's primary address or, if the person has no address,
the location where the person is staying. If the person does not reside in Minnesota but
works or attends school in this state, the person shall have an deleted text begin annual deleted text end in-person contact
with the law enforcement authority or authorities with jurisdiction over the person's school
or workplace. During the month of the person's birth date, the person shall report to the
authority to verify the accuracy of the registration information and to be photographed.
Within three days of this contact, the authority shall enter information as required by the
bureau into the predatory offender registration database and submit an updated photograph
of the person to the bureau's predatory offender registration unit.

(4) If the person fails to mail the completed and signed verification form to the
bureau within ten days after receipt of the form, or if the person fails to report to the
law enforcement authority during the month of the person's birth date, the person is in
violation of this section.

(5) For any person who fails to mail the completed and signed verification form to
the bureau within ten days after receipt of the form and who has been determined to be
a risk level III offender under section 244.052, the bureau shall immediately investigate
and notify local law enforcement authorities to investigate the person's location and to
ensure compliance with this section. The bureau also shall immediately give notice of the
person's violation of this section to the law enforcement authority having jurisdiction over
the person's last registered address or addresses.

For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under new text begin Minnesota Statutes 2012, section
253B.185, new text end chapter 253D new text begin , Minnesota Statutes 1992, section 526.10, new text end or a similar law of
another state or the United States, the bureau shall comply with clause (1) at least four
times each year. For persons who, under section 244.052, are assigned to risk level III and
who are no longer under correctional supervision for a registration offense or a failure to
register offense, the bureau shall comply with clause (1) at least two times each year. For
all other persons required to register under this section, the bureau shall comply with clause
(1) each year within 30 days of the anniversary date of the person's initial registration.

(f) When sending out a verification form, the bureau shall determine whether the
person to whom the verification form is being sent has signed a written consent form
as provided for in paragraph (a). If the person has not signed such a consent form, the
bureau shall send a written consent form to the person along with the verification form.
A person who receives this written consent form shall sign and return it to the bureau
at the same time as the verification form.

Sec. 4.

Minnesota Statutes 2013 Supplement, section 243.166, subdivision 6, is
amended to read:

Subd. 6.

Registration period.

(a) Notwithstanding the provisions of section
609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person
required to register under this section shall continue to comply with this section until ten
years have elapsed since the person initially registered in connection with the offense, or
until the probation, supervised release, or conditional release period expires, whichever
occurs later. For a person required to register under this section who is committed under
section 253B.18 new text begin , Minnesota Statutes 2012, section 253B.185, new text end or chapter 253D, the
ten-year registration period does not include the period of commitment.

(b) If a person required to register under this section fails to provide the person's
primary address as required by subdivision 3, paragraph (b), fails to comply with the
requirements of subdivision 3a, fails to provide information as required by subdivision
4a, or fails to return the verification form referenced in subdivision 4 within ten days, the
commissioner of public safety deleted text begin may deleted text end new text begin shall new text end require the person to continue to register for an
additional period of five years. This five-year period is added to the end of the offender's
registration period.

(c) If a person required to register under this section is deleted text begin subsequently deleted text end incarcerated
deleted text begin following deleted text end new text begin due to new text end a conviction for a new offense or following a revocation of probation,
supervised release, or conditional release for any offense, the person shall continue to
register until ten years have elapsed since the person was last released from incarceration
or until the person's probation, supervised release, or conditional release period expires,
whichever occurs later.

(d) A person shall continue to comply with this section for the life of that person:

(1) if the person is convicted of or adjudicated delinquent for any offense for which
registration is required under subdivision 1b, or any offense from another state or any
federal offense similar to the offenses described in subdivision 1b, and the person has a
prior conviction or adjudication for an offense for which registration was or would have
been required under subdivision 1b, or an offense from another state or a federal offense
similar to an offense described in subdivision 1b;

(2) if the person is required to register based upon a conviction or delinquency
adjudication for an offense under section 609.185, paragraph (a), clause (2), or a similar
statute from another state or the United States;

(3) if the person is required to register based upon a conviction for an offense under
section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g);
or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the
United States similar to the offenses described in this clause; or

(4) if the person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under new text begin Minnesota Statutes 2012, section
253B.185, new text end chapter 253D new text begin , Minnesota Statutes 1992, section 526.10, new text end or a similar law of
another state or the United States.

(e) A person described in subdivision 1b, paragraph (b), who is required to register
under the laws of a state in which the person has been previously convicted or adjudicated
delinquent, shall register under this section for the time period required by the state of
conviction or adjudication unless a longer time period is required elsewhere in this section.

Sec. 5.

Minnesota Statutes 2012, section 609.344, subdivision 1, is amended to read:

Subdivision 1.

Crime defined.

A person who engages in sexual penetration with
another person is guilty of criminal sexual conduct in the third degree if any of the
following circumstances exists:

(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more
than 24 months older than the complainant. In any such case if the actor is no more
than 120 months older than the complainant, it shall be an affirmative defense, which
must be proved by a preponderance of the evidence, that the actor reasonably believes
the complainant to be 16 years of age or older. In all other cases, mistake as to the
complainant's age shall not be a defense. deleted text begin If the actor in such a case is no more than 48
months but more than 24 months older than the complainant, the actor may be sentenced
to imprisonment for not more than five years. deleted text end Consent by the complainant is not a defense;

(c) the actor uses force or coercion to accomplish the penetration;

(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is
more than 48 months older than the complainant and in a position of authority over the
complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant
was at least 16 but under 18 years of age at the time of the sexual penetration. Neither
mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of
time.

Neither mistake as to the complainant's age nor consent to the act by the complainant
is a defense;

(h) the actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual penetration occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists.

Consent by the complainant is not a defense;

(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the complainant is a patient or former patient
and the sexual penetration occurred by means of therapeutic deception. Consent by the
complainant is not a defense;

(k) the actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent by the
complainant is not a defense;

(1) the actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:

(i) the sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the
actor in private; or

(ii) the sexual penetration occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;

(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment
facility, or treatment facility providing services to clients civilly committed as mentally
ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities,
including, but not limited to, jails, prisons, detention centers, or work release facilities, and
the complainant is a resident of a facility or under supervision of the correctional system.
Consent by the complainant is not a defense;

(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the complainant.
Consent by the complainant is not a defense; or

(o) the actor performs massage or other bodywork for hire, the complainant was a
user of one of those services, and nonconsensual sexual penetration occurred during or
immediately before or after the actor performed or was hired to perform one of those
services for the complainant.

Sec. 6.

Minnesota Statutes 2012, section 609.344, subdivision 2, is amended to read:

Subd. 2.

Penalty.

Except as otherwise provided in section 609.3455, a person
convicted under subdivision 1 may be sentenced new text begin :
new text end

new text begin (1) new text end to imprisonment for not more than 15 years or to a payment of a fine of not
more than $30,000, or both deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) if the person was convicted under subdivision 1, paragraph (b), and if the actor
was no more than 48 months but more than 24 months older than the complainant, to
imprisonment for not more than five years or a fine of not more than $30,000, or both.
new text end

A person convicted under this section is also subject to conditional release under
section 609.3455.