HF 807

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2013 07:04pm

A bill for an act
relating to public safety; limiting predatory offender registration for certain
persons under the age of 18 years; extending the time period and renewals
allowed for a continuance without adjudication in a juvenile delinquency case;
amending Minnesota Statutes 2012, sections 243.166, subdivisions 1b, 2, 6;
260B.198, subdivision 7.

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

Section 1.

Minnesota Statutes 2012, section 243.166, subdivision 1b, is amended to read:

Subd. 1b.

Registration required.

(a) A person new text begin who at the time of committing an
offense described in clauses (1) to (4) was under the age of 18 years new text end 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), false imprisonment in violation of section
609.255, subdivision 2; soliciting a minor to engage in prostitution in violation of section
609.322 or 609.324; soliciting a minor to engage in sexual conduct in violation of
section 609.352; 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 convicted of or adjudicated delinquent 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).

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

(1) the person was convicted of or adjudicated delinquent in another state for an
offense that would be a violation of a law described in paragraph (a) if committed in
this state;

(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 section 253B.185 or 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 (e) A person who at the time of committing an offense described in clauses (1) to (5)
was under the age of 18 years shall register under this section if:
new text end

new text begin (1) the person was charged with a felony violation of or attempt to violate, or aiding,
abetting, or conspiracy to commit any crime described in this subdivision, certified to be
tried as an adult pursuant to section 260B.125, and convicted of that offense or another
offense arising out of the same set of circumstances;
new text end

new text begin (2) the person was charged with a felony violation of or attempt to violate, or aiding,
abetting, or conspiracy to commit any crime described in this subdivision, designated an
extended jurisdiction juvenile offender and convicted or adjudicated of that offense or
another felony offense arising out of the same set of circumstances;
new text end

new text begin (3) the person was found to have committed murder under section 609.185,
paragraph (a), clause (2); kidnapping under section 609.25; criminal sexual conduct
under section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), (g), or (h); 609.343,
subdivision 1, paragraph (a), (c), (d), (e), (f), (g), or (h); 609.344, subdivision 1, paragraph
(c), (d), (f), or (g); or 609.345, subdivision 1, paragraph (c), (d), (f), or (g); or criminal
sexual predatory conduct under section 609.3453;
new text end

new text begin (4) the person was found to have committed criminal sexual conduct under section
609.343, subdivision 1, paragraph (a); 609.344, subdivision 1, paragraph (a) or (b);
609.345, subdivision 1, paragraph (a); 609.3451, subdivision 3; 617.23, subdivision 3; or
an offense described in paragraph (a), clause (2); and the offense was committed after the
person had previously been found to have committed any offense described in paragraph
(a), clause (1) or (2); or
new text end

new text begin (5) the person was found to have committed any crime described in this subdivision
and the court finds on its own motion, or that of the prosecutor, that it is in the interests of
public safety to require registration.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
offenses committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 243.166, subdivision 2, is amended to read:

Subd. 2.

Notice.

When a person who is required to register under subdivision 1b,
paragraph (a) new text begin or (e) new text end , is sentenced or becomes subject to a juvenile court disposition order,
the court shall tell the person of the duty to register under this section and that, if the
person fails to comply with the registration requirements, information about the offender
may be made available to the public through electronic, computerized, or other accessible
means. The court may not modify the person's duty to register in the pronounced sentence
or disposition order. The court shall require the person to read and sign a form stating
that the duty of the person to register under this section has been explained. The court
shall forward the signed sex offender registration form, the complaint, and sentencing
documents to the bureau. If a person required to register under subdivision 1b, paragraph
(a) new text begin or (e) new text end , was not notified by the court of the registration requirement at the time of
sentencing or disposition, the assigned corrections agent shall notify the person of the
requirements of this section. When a person who is required to register under subdivision
1b, paragraph (c) or (d), is released from commitment, the treatment facility shall notify
the person of the requirements of this section. The treatment facility shall also obtain the
registration information required under this section and forward it to the bureau.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
offenses committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2012, 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 or 253B.185, 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 may 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 subsequently incarcerated
following 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 section 253B.185 or a similar law of
another state or the United States.

new text begin A person is not required to register for life under clause (1) based on an adjudication of
delinquency that requires the person to register under subdivision 1b, paragraph (e), clause
(4), unless the person had previously been required to register under this section.
new text end

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end

Section 4.

Minnesota Statutes 2012, section 260B.198, subdivision 7, is amended to
read:

Subd. 7.

Continuance.

new text begin (a) new text end When it is in the best interests of the child to do so new text begin and
not inimical to public safety new text end and when the child has admitted the allegations contained in
the petition before the judge or referee, or when a hearing has been held as provided for in
section 260B.163 and the allegations contained in the petition have been duly proven but,
in either case, before a finding of delinquency has been entered, the court may continue
the case for a period not to exceed deleted text begin 90 deleted text end new text begin 180 new text end days on any one order. deleted text begin Such a continuance may
be extended for one additional successive period not to exceed 90 days and only after the
court has reviewed the case and entered its order for an additional continuance without
a finding of delinquency. deleted text end new text begin The continuance may be renewed for up to three additional
successive periods not to exceed 180 days each, but only with the consent of the prosecutor
and only after the court has reviewed the case and entered its order for each additional
continuance without a finding of delinquency. new text end During deleted text begin this deleted text end new text begin a new text end continuance the court may
enter an order in accordance with the provisions of subdivision 1, deleted text begin clause (1) or (2) deleted text end new text begin except
clause (4) new text end , or enter an order to hold the child in detention for a period not to exceed 15 days
on any one order for the purpose of completing any consideration, or any investigation or
examination ordered in accordance with the provisions of section 260B.157.

new text begin (b) A prosecutor may appeal a continuance ordered in contravention of this
subdivision. new text end This subdivision new text begin does not extend the court's jurisdiction under section
260B.193 and new text end does not apply to an extended jurisdiction juvenile proceeding.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
offenses committed on or after that date.
new text end