HF 1019

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to predatory offender registration; requiring certain persons under the
age of 16 to register as predatory offenders; amending Minnesota Statutes 2006,
section 243.166, subdivisions 1b, 2.

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

Section 1.

Minnesota Statutes 2006, section 243.166, subdivision 1b, is amended to
read:

Subd. 1b.

Registration required.

(a) A person new text begin 16 years of age or older 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, 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 conspiracy to commit 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 under the age of 16 shall register under this section if:
new text end

new text begin (1) 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) 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 of that offense or another offense arising out
of the same set of circumstances;
new text end

new text begin (3) found to have committed criminal sexual conduct under section 609.342,
subdivision 1, paragraph (c), (d), (e), (f), (g), or (h); 609.343, subdivision 1, paragraph (c),
(d), (e), (f), (g), or (h); 609.344, subdivision 1, paragraph (c); or 609.345, subdivision 1,
paragraph (c);
new text end

new text begin (4) found to have committed criminal sexual conduct under section 609.342,
subdivision 1; 609.343, subdivision 1; 609.344, subdivision 1; or 609.345, subdivision
1, after having participated in court-ordered sex offender treatment pursuant to section
260B.198, subdivision 1, paragraph (k); or
new text end

new text begin (5) 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

Sec. 2.

Minnesota Statutes 2006, 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.