HF 228

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring certain 
  1.3             persons committed as mentally ill and dangerous to the 
  1.4             public to register as predatory sex offenders and to 
  1.5             be subject to the community notification law; amending 
  1.6             Minnesota Statutes 1998, sections 243.166, 
  1.7             subdivisions 1, 2, and 6; and 244.052, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 243.166, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  1.12  register under this section if:  
  1.13     (1) the person was charged with or petitioned for a felony 
  1.14  violation of or attempt to violate any of the following, and 
  1.15  convicted of or adjudicated delinquent for that offense or 
  1.16  another offense arising out of the same set of circumstances: 
  1.17     (i) murder under section 609.185, clause (2); or 
  1.18     (ii) kidnapping under section 609.25, involving a minor 
  1.19  victim; or 
  1.20     (iii) criminal sexual conduct under section 609.342; 
  1.21  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
  1.22     (iv) indecent exposure under section 617.23, subdivision 3; 
  1.23  or 
  1.24     (2) the person was charged with or petitioned for falsely 
  1.25  imprisoning a minor in violation of section 609.255, subdivision 
  1.26  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 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 1998, section 243.166, 
  3.11  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 shall require the person to read and sign a 
  3.17  form stating that the duty of the person to register under this 
  3.18  section has been explained.  If a person required to register 
  3.19  under subdivision 1, paragraph (a), was not notified by the 
  3.20  court of the registration requirement at the time of sentencing 
  3.21  or disposition, the assigned corrections agent shall notify the 
  3.22  person of the requirements of this section.  When a person who 
  3.23  is required to register under subdivision 1, paragraph (c) or 
  3.24  (d), is released from commitment, the treatment facility shall 
  3.25  notify the person of the requirements of this section.  The 
  3.26  treatment facility shall also obtain the registration 
  3.27  information required under this section and forward it to the 
  3.28  bureau of criminal apprehension. 
  3.29     Sec. 3.  Minnesota Statutes 1998, section 243.166, 
  3.30  subdivision 6, is amended to read: 
  3.31     Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
  3.32  provisions of section 609.165, subdivision 1, a person required 
  3.33  to register under this section shall continue to comply with 
  3.34  this section until ten years have elapsed since the person 
  3.35  initially registered in connection with the offense, or until 
  3.36  the probation, supervised release, or conditional release period 
  4.1   expires, whichever occurs later.  For a person required to 
  4.2   register under this section who is committed under 
  4.3   section 253B.18 or 253B.185, the ten-year registration period 
  4.4   does not include the period of commitment. 
  4.5      (b) If a person required to register under this section 
  4.6   fails to register following a change in residence, the 
  4.7   commissioner of public safety may require the person to continue 
  4.8   to register for an additional period of five years. 
  4.9      Sec. 4.  Minnesota Statutes 1998, section 244.052, 
  4.10  subdivision 1, is amended to read: 
  4.11     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  4.12     (1) "confinement" means confinement in a state correctional 
  4.13  facility or a state treatment facility; 
  4.14     (2) "law enforcement agency" means the law enforcement 
  4.15  agency having primary jurisdiction over the location where the 
  4.16  offender expects to reside upon release; and 
  4.17     (3) "sex offender" and "offender" mean a person who has 
  4.18  been: 
  4.19     (i) convicted of an offense for which registration under 
  4.20  section 243.166 is required or a person who has been; 
  4.21     (ii) committed pursuant to a court commitment order under 
  4.22  section 253B.185 or Minnesota Statutes 1992, section 526.10, 
  4.23  regardless of whether the person was convicted of any offense; 
  4.24  or 
  4.25     (iii) committed pursuant to a court commitment order under 
  4.26  section 253B.18, under the circumstances described in section 
  4.27  243.166, subdivision 1, paragraph (d). 
  4.28     Sec. 5.  [EFFECTIVE DATE.] 
  4.29     Sections 1 to 4 are effective August 1, 1999, and apply to 
  4.30  persons released from commitment on or after that date.