HF 178

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; expanding the scope of the sex 
  1.3             offender registration law to include out-of-state 
  1.4             offenders who reside in Minnesota longer than 30 days; 
  1.5             increasing the penalty for offenders who violate the 
  1.6             registration law a second or subsequent time; amending 
  1.7             Minnesota Statutes 1994, section 243.166. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 243.166, is 
  1.10  amended to read: 
  1.11     243.166 [REGISTRATION OF PREDATORY OFFENDERS.] 
  1.12     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  1.13  register under this section if:  
  1.14     (1) the person was charged with or petitioned for a felony 
  1.15  violation of or attempt to violate any of the following, and 
  1.16  convicted of or adjudicated delinquent for that offense or of 
  1.17  another offense arising out of the same set of circumstances: 
  1.18     (i) murder under section 609.185, clause (2); 
  1.19     (ii) kidnapping under section 609.25, involving a minor 
  1.20  victim; or 
  1.21     (iii) criminal sexual conduct under section 609.342; 
  1.22  609.343; 609.344; or 609.345; or 
  1.23     (2) the person was convicted of a predatory crime as 
  1.24  defined in section 609.1352, and the offender was sentenced as a 
  1.25  patterned sex offender or the court found on its own motion or 
  1.26  that of the prosecutor that the crime was part of a predatory 
  2.1   pattern of behavior that had criminal sexual conduct as its goal.
  2.2      (b) A person also shall register under this section if: 
  2.3      (1) the person was convicted of or adjudicated delinquent 
  2.4   in another state for an offense that would be a violation of a 
  2.5   law described in paragraph (a) if committed in this state; 
  2.6      (2) the person enters and remains in this state for 30 days 
  2.7   or longer; and 
  2.8      (3) ten years have not elapsed since the person was 
  2.9   released from imprisonment or, if the person was not imprisoned, 
  2.10  since the person was convicted of the offense that triggers 
  2.11  registration.  
  2.12     Subd. 2.  [NOTICE.] (a) When a person who is required to 
  2.13  register under this section subdivision 1, paragraph (a), is 
  2.14  sentenced, the court shall tell the person of the duty to 
  2.15  register under this section.  The court shall require the person 
  2.16  to read and sign a form stating that the duty of the person to 
  2.17  register under this section has been explained.  If a person 
  2.18  required to register under this section subdivision 1, paragraph 
  2.19  (a), was not notified by the court of the registration 
  2.20  requirement at the time of sentencing, the assigned corrections 
  2.21  agent shall notify the person of the requirements of this 
  2.22  section. 
  2.23     (b) The commissioner of public safety shall give a written 
  2.24  notice of the registration requirement contained in subdivision 
  2.25  1, paragraph (b), to any person who enters this state from 
  2.26  another jurisdiction and applies for a Minnesota driver's 
  2.27  license or identification card.  The commissioner shall require 
  2.28  the person to read and sign a form stating that the registration 
  2.29  requirement has been explained.  Upon request, the commissioner 
  2.30  shall assist the person in complying with the registration 
  2.31  requirements in subdivisions 3 and 4. 
  2.32     Subd. 3.  [REGISTRATION PROCEDURE.] (a) The A person 
  2.33  required to register under subdivision 1, paragraph (a), shall 
  2.34  register with the corrections agent as soon as the agent is 
  2.35  assigned to the person.  
  2.36     (b) At least five days before the person changes residence, 
  3.1   the person shall give written notice of the address of the new 
  3.2   residence to the current or last assigned corrections agent.  An 
  3.3   offender is deemed to change residence when the offender remains 
  3.4   at a new address for longer than three days and evinces an 
  3.5   intent to take up residence there.  The agent shall, within two 
  3.6   business days after receipt of this information, forward it to 
  3.7   the bureau of criminal apprehension. 
  3.8      (b) A person required to register under subdivision 1, 
  3.9   paragraph (b), shall register with the bureau of criminal 
  3.10  apprehension within ten days of receiving notice of the 
  3.11  registration requirement from the commissioner of public 
  3.12  safety.  At least five days before the person changes residence, 
  3.13  the person shall give written notice of the address of the new 
  3.14  residence to the bureau of criminal apprehension.  The person is 
  3.15  deemed to change residence when the person remains at a new 
  3.16  address for longer than three days and evinces an intent to take 
  3.17  up residence there.  
  3.18     Subd. 4.  [CONTENTS OF REGISTRATION.] The registration 
  3.19  provided to the corrections agent or to the bureau of criminal 
  3.20  apprehension, where applicable, must consist of a statement in 
  3.21  writing signed by the person, giving information required by the 
  3.22  bureau of criminal apprehension, and a fingerprint card and 
  3.23  photograph of the person if these have not already been obtained 
  3.24  in connection with the offense that triggers registration.  
  3.25  Within three days, the corrections agent shall forward the 
  3.26  statement, fingerprint card, and photograph to the bureau of 
  3.27  criminal apprehension.  The bureau shall send one copy to the 
  3.28  appropriate law enforcement authority that will have 
  3.29  jurisdiction where the person will reside on release or 
  3.30  discharge. 
  3.31     Subd. 5.  [CRIMINAL PENALTY.] A person required to register 
  3.32  under this section who violates any of its provisions or 
  3.33  intentionally provides false information to a corrections agent 
  3.34  is guilty of a gross misdemeanor.  A person convicted of 
  3.35  violating this section who previously has been convicted under 
  3.36  this section is guilty of a felony.  A violation of this section 
  4.1   may be prosecuted either where the person resides or where the 
  4.2   person was last assigned to a Minnesota corrections agent. 
  4.3      Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
  4.4   provisions of section 609.165, subdivision 1, a person required 
  4.5   to register under this section subdivision 1, paragraph (a), 
  4.6   shall continue to comply with this section until ten years have 
  4.7   elapsed since the person was initially assigned to a corrections 
  4.8   agent in connection with the offense, or until the probation, 
  4.9   supervised release, or conditional release period expires, 
  4.10  whichever occurs later.  A person required to register under 
  4.11  subdivision 1, paragraph (b), shall continue to comply with this 
  4.12  section until ten years have elapsed since the person initially 
  4.13  entered this state or until the person's probation, supervised 
  4.14  release, or conditional release period expires, whichever occurs 
  4.15  later.  For a person required to register under this section who 
  4.16  is committed under section 253B.185, the ten-year registration 
  4.17  period does not include the period of commitment 
  4.18     (b) If a person required to register under this section 
  4.19  fails to register following a change in residence, the 
  4.20  commissioner of public safety may require the person to continue 
  4.21  to register for an additional period of five years. 
  4.22     Subd. 7.  [USE OF INFORMATION.] The information provided 
  4.23  under this section is private data on individuals under section 
  4.24  13.01, subdivision 12.  The information may be used only for law 
  4.25  enforcement purposes. 
  4.26     Subd. 8.  [LAW ENFORCEMENT AUTHORITY.] For purposes of this 
  4.27  section, a law enforcement authority means, with respect to a 
  4.28  home rule charter or statutory city, the chief of police, and 
  4.29  with respect to an unincorporated area, the sheriff of the 
  4.30  county. 
  4.31     Subd. 9.  [OFFENDERS FROM OTHER STATES.] When the state 
  4.32  accepts an offender from another state under a reciprocal 
  4.33  agreement under the interstate compact authorized by section 
  4.34  243.16 or under any authorized interstate agreement, the 
  4.35  acceptance is conditional on the offender agreeing to register 
  4.36  under this section when the offender is living in Minnesota. 
  5.1      Sec. 2.  [EFFECTIVE DATE.] 
  5.2      Section 1 is effective August 1, 1995, and applies to 
  5.3   persons entering this state on or after that date.  Section 1, 
  5.4   subdivision 5, is effective August 1, 1995, and applies to 
  5.5   crimes committed on or after that date.