SF 703

Introduction - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; requiring notation on 
  1.3             driver's license of sex offender required to register 
  1.4             for community notification law; amending Minnesota 
  1.5             Statutes 2002, sections 171.01, by adding a 
  1.6             subdivision; 171.07, by adding a subdivision; 171.12, 
  1.7             by adding a subdivision; 243.166, subdivision 7; 
  1.8             244.052, subdivision 1; 244.053, subdivision 2; 
  1.9             299C.093. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 171.01, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 46a.  [SEX OFFENDER.] "Sex offender" means a person 
  1.14  required to register under section 243.166. 
  1.15     Sec. 2.  Minnesota Statutes 2002, section 171.07, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 14.  [SEX OFFENDER NOTATION.] (a) When a sex offender 
  1.18  submits an application and qualifies for any license, permit, or 
  1.19  identification card for which an application is required or a 
  1.20  fee imposed under section 171.06, the department's division of 
  1.21  driver and vehicle services shall issue the license, permit, or 
  1.22  identification card bearing a symbol or abbreviated notation, as 
  1.23  determined by the commissioner, identifying the holder as a sex 
  1.24  offender.  The notation must also distinguish whether the sex 
  1.25  offender has been assessed as a type I level offender, type II 
  1.26  level offender, or type III level offender under section 244.052 
  1.27  for purposes of the Community Notification Act. 
  2.1      (b) The bureau of criminal apprehension shall cooperate 
  2.2   with the division of driver and vehicle services in providing 
  2.3   promptly the information required to issue a license, permit, or 
  2.4   identification card under paragraph (a). 
  2.5      Sec. 3.  Minnesota Statutes 2002, section 171.12, is 
  2.6   amended by adding a subdivision to read: 
  2.7      Subd. 4a.  [SEX OFFENDER NOTATION INFORMATION.] The 
  2.8   department shall retain the information obtained for purposes of 
  2.9   the sex offender notation requirement of section 171.07, 
  2.10  subdivision 14, in the driver's record for as long as the driver 
  2.11  is required to be registered under section 243.166. 
  2.12     Sec. 4.  Minnesota Statutes 2002, section 243.166, 
  2.13  subdivision 7, is amended to read: 
  2.14     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
  2.15  provided in subdivision 7a or sections 171.07, subdivision 14, 
  2.16  244.052, 244.053, and 299C.093, the information provided under 
  2.17  this section is private data on individuals under section 13.02, 
  2.18  subdivision 12.  The information may be used only for driver's 
  2.19  license and law enforcement purposes.  
  2.20     Sec. 5.  Minnesota Statutes 2002, section 244.052, 
  2.21  subdivision 1, is amended to read: 
  2.22     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  2.23     (1) "confinement" means confinement in a state correctional 
  2.24  facility or a state treatment facility; 
  2.25     (2) "immediate household" means any and all individuals who 
  2.26  live in the same household as the offender; 
  2.27     (3) "law enforcement agency" means the law enforcement 
  2.28  agency having primary jurisdiction over the location where the 
  2.29  offender expects to reside upon release and, for purposes of 
  2.30  only receiving reports and information for the database of 
  2.31  registered predatory offenders, the bureau of criminal 
  2.32  apprehension; 
  2.33     (4) "residential facility" means a facility that is 
  2.34  licensed as a residential program, as defined in section 
  2.35  245A.02, subdivision 14, by the commissioner of human services 
  2.36  under chapter 245A, or the commissioner of corrections under 
  3.1   section 241.021, whose staff are trained in the supervision of 
  3.2   sex offenders; and 
  3.3      (5) "predatory offender" and "offender" mean a person who 
  3.4   is required to register as a predatory offender under section 
  3.5   243.166.  However, the terms do not include persons required to 
  3.6   register based solely on a delinquency adjudication. 
  3.7      Sec. 6.  Minnesota Statutes 2002, section 244.053, 
  3.8   subdivision 2, is amended to read: 
  3.9      Subd. 2.  [ADDITIONAL NOTICE.] (a) The same notice shall be 
  3.10  sent to the following persons concerning a specific inmate 
  3.11  convicted of an offense requiring registration under section 
  3.12  243.166: 
  3.13     (1) the victim of the crime for which the inmate was 
  3.14  convicted or a deceased victim's next of kin if the victim or 
  3.15  deceased victim's next of kin requests the notice in writing; 
  3.16     (2) any witnesses who testified against the inmate in any 
  3.17  court proceedings involving the offense, if the witness requests 
  3.18  the notice in writing; and 
  3.19     (3) any person specified in writing by the prosecuting 
  3.20  attorney; and 
  3.21     (4) the bureau of criminal apprehension for inclusion in 
  3.22  the database of predatory sexual offenders. 
  3.23  The notice sent to victims under clause (1) must inform the 
  3.24  person that the person has the right to request and receive 
  3.25  information about the offender authorized for disclosure under 
  3.26  the community notification provisions of section 244.052. 
  3.27     (b) If the victim or witness is under the age of 16, the 
  3.28  notice required by this section shall be sent to the parents or 
  3.29  legal guardian of the child.  The commissioner shall send the 
  3.30  notices required by this provision to the last address provided 
  3.31  to the commissioner by the requesting party.  The requesting 
  3.32  party shall furnish the commissioner with a current address.  
  3.33  Information regarding witnesses requesting the notice, 
  3.34  information regarding any other person specified in writing by 
  3.35  the prosecuting attorney to receive the notice, and the notice 
  3.36  are private data on individuals, as defined in section 13.02, 
  4.1   subdivision 12, and are not available to the inmate. 
  4.2      (c) The notice to victims provided under this subdivision 
  4.3   does not limit the victim's right to request notice of release 
  4.4   under section 611A.06. 
  4.5      Sec. 7.  Minnesota Statutes 2002, section 299C.093, is 
  4.6   amended to read: 
  4.7      299C.093 [DATABASE OF REGISTERED PREDATORY OFFENDERS.] 
  4.8      The superintendent of the bureau of criminal apprehension 
  4.9   shall maintain a computerized data system relating to 
  4.10  individuals required to register as predatory offenders under 
  4.11  section 243.166.  To the degree feasible and applicable, the 
  4.12  system must include the information required to be provided 
  4.13  under section sections 243.166, subdivisions 4 and 4a, 244.052, 
  4.14  and 244.053, and indicate the time period that the person is 
  4.15  required to register.  The superintendent shall maintain this 
  4.16  information in a manner that ensures that it is readily 
  4.17  available to law enforcement agencies and, for purposes of 
  4.18  driver's license notations for sex offenders as defined in 
  4.19  section 171.01, to the driver and vehicles services division of 
  4.20  the department of public safety.  This information is private 
  4.21  data on individuals under section 13.02, subdivision 12, but may 
  4.22  be used for law enforcement and corrections purposes and 
  4.23  driver's license notations required under section 171.07, 
  4.24  subdivision 14.