HF 1232

as introduced - 89th Legislature (2015 - 2016) Posted on 03/23/2015 03:57pm

A bill for an act
relating to public safety; amending provisions on data privacy, predatory offender
registration, evidence, crime victim protections, and criminal defenses relating to
sex trafficking; creating new criminal penalties; amending Minnesota Statutes
2014, sections 13.82, subdivision 17; 243.166, subdivision 1b; 609.1095,
subdivision 1; 609.324, subdivision 1; 609.325, subdivision 4, by adding a
subdivision; 609.3471; 611A.26, subdivisions 1, 6; 617.242, subdivision 6;
628.26.

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

Section 1.

Minnesota Statutes 2014, section 13.82, subdivision 17, is amended to read:

Subd. 17.

Protection of identities.

A law enforcement agency or a law enforcement
dispatching agency working under direction of a law enforcement agency shall withhold
public access to data on individuals to protect the identity of individuals in the following
circumstances:

(a) when access to the data would reveal the identity of an undercover law
enforcement officer, as provided in section 13.43, subdivision 5;

(b) when access to the data would reveal the identity of a victim or alleged victim of
criminal sexual conduct or deleted text begin of a violation of deleted text end new text begin sex trafficking under new text end section new text begin 609.322, 609.341
to 609.3451, or new text end 617.246, subdivision 2;

(c) when access to the data would reveal the identity of a paid or unpaid informant
being used by the agency if the agency reasonably determines that revealing the identity of
the informant would threaten the personal safety of the informant;

(d) when access to the data would reveal the identity of a victim of or witness to a
crime if the victim or witness specifically requests not to be identified publicly, unless the
agency reasonably determines that revealing the identity of the victim or witness would
not threaten the personal safety or property of the individual;

(e) when access to the data would reveal the identity of a deceased person whose
body was unlawfully removed from a cemetery in which it was interred;

(f) when access to the data would reveal the identity of a person who placed a call to a
911 system or the identity or telephone number of a service subscriber whose phone is used
to place a call to the 911 system and: (1) the agency determines that revealing the identity
may threaten the personal safety or property of any person; or (2) the object of the call is
to receive help in a mental health emergency. For the purposes of this paragraph, a voice
recording of a call placed to the 911 system is deemed to reveal the identity of the caller;

(g) when access to the data would reveal the identity of a juvenile witness and
the agency reasonably determines that the subject matter of the investigation justifies
protecting the identity of the witness; or

(h) when access to the data would reveal the identity of a mandated reporter under
section 609.456, 626.556, or 626.557.

Data concerning individuals whose identities are protected by this subdivision are
private data about those individuals. Law enforcement agencies shall establish procedures
to acquire the data and make the decisions necessary to protect the identity of individuals
described in clauses (c), (d), (f), and (g).

Sec. 2.

Minnesota Statutes 2014, section 243.166, subdivision 1b, is amended to read:

Subd. 1b.

Registration required.

(a) A person 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; solicitation, inducement, or promotion of deleted text begin the deleted text end prostitution deleted text begin of a
minor or engaging in the deleted text end new text begin or new text end sex trafficking deleted text begin of a minor deleted text end in violation of section 609.322; a
prostitution offense involving a minor deleted text begin under the age of 13 years deleted text end in violation of section
609.324, subdivision 1 deleted text begin , paragraph (a) deleted text end ; soliciting a minor to engage in sexual conduct in
violation of section 609.352, subdivision 2 or 2a, clause (1); 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 charged with or petitioned 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), and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances.

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

(1) the person was charged with or petitioned for an offense in another state that
would be a violation of a law described in paragraph (a) if committed in this state and
convicted of or adjudicated delinquent for that offense or another offense arising out
of the same set of circumstances;

(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 Minnesota Statutes 2012, section 253B.185,
chapter 253D, 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 EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, section 609.1095, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have
the meanings given.

(b) "Conviction" means any of the following accepted and recorded by the court: a
plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term
includes a conviction by any court in Minnesota or another jurisdiction.

(c) "Prior conviction" means a conviction that occurred before the offender
committed the next felony resulting in a conviction and before the offense for which the
offender is being sentenced under this section.

(d) "Violent crime" means a violation of or an attempt or conspiracy to violate
any of the following laws of this state or any similar laws of the United States or any
other state: sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205;
609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24;
609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267;
609.2671; 609.268; new text begin 609.322; new text end 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;
609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855,
subdivision 5; any provision of sections 609.229; 609.377; 609.378; 609.749; and 624.713
that is punishable by a felony penalty; or any provision of chapter 152 that is punishable
by a maximum sentence of 15 years or more; or Minnesota Statutes 2012, section 609.21.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, section 609.324, subdivision 1, is amended to read:

Subdivision 1.

Engaging in, hiring, or agreeing to hire minor to engage in
prostitution; penalties.

(a) Whoever intentionally does any of the following may be
sentenced to imprisonment for not more than 20 years or to payment of a fine of not
more than $40,000, or both:

(1) engages in prostitution with an individual under the age of 13 years; or

(2) hires or offers or agrees to hire an individual under the age of 13 years to engage
in sexual penetration or sexual contact.

(b) Whoever intentionally does any of the following may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both:

(1) engages in prostitution with an individual under the age of 16 years but at least
13 years; or

(2) hires or offers or agrees to hire an individual under the age of 16 years but at
least 13 years to engage in sexual penetration or sexual contact.

(c) Whoever intentionally does any of the following may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both:

(1) engages in prostitution with an individual under the age of 18 years but at least
16 years; deleted text begin or
deleted text end

(2) hires or offers or agrees to hire an individual under the age of 18 years but at
least 16 years to engage in sexual penetration or sexual contact new text begin ; or
new text end

new text begin (3) hires or offers or agrees to hire an individual who the actor reasonably believes
to be under the age of 18 years to engage in sexual penetration or sexual contact new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2014, section 609.325, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin No defense; undercover operative. new text end

new text begin The fact that an undercover operative
or law enforcement officer was involved in the detection or investigation of an offense
shall not be a defense to a prosecution under section 609.324.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2014, section 609.325, subdivision 4, is amended to read:

Subd. 4.

Affirmative defense.

It is an affirmative defense to a charge under section
609.324 new text begin , subdivision 6 or 7, new text end if the defendant proves by a preponderance of the evidence
that the defendant is a labor trafficking victim, as defined in section 609.281, or a sex
trafficking victim, as defined in section 609.321, and that the defendant committed the deleted text begin act
only under compulsion by another who by explicit or implicit threats created a reasonable
apprehension in the mind of the defendant that if the defendant did not commit the act,
the person would inflict bodily harm upon the defendant deleted text end new text begin acts underlying the charge as a
result of being a labor trafficking or sex trafficking victim new text end .

Sec. 7.

Minnesota Statutes 2014, section 609.3471, is amended to read:

609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
CONFIDENTIAL.

Notwithstanding any provision of law to the contrary, no data contained in records or
reports relating to petitions, complaints, or indictments issued pursuant to section new text begin 609.322,
new text end 609.342, 609.343, 609.344, 609.345, or 609.3453, which specifically identifies a victim
who is a minor shall be accessible to the public, except by order of the court. Nothing
in this section authorizes denial of access to any other data contained in the records or
reports, including the identity of the defendant.

Sec. 8.

Minnesota Statutes 2014, section 611A.26, subdivision 1, is amended to read:

Subdivision 1.

Polygraph prohibition.

No law enforcement agency or prosecutor
shall require that a complainant of a criminal sexual conduct new text begin or sex trafficking new text end offense
submit to a polygraph examination as part of or a condition to proceeding with the
investigation, charging, or prosecution of such offense.

Sec. 9.

Minnesota Statutes 2014, section 611A.26, subdivision 6, is amended to read:

Subd. 6.

Definitions.

For the purposes of this section, the following terms have
the meanings given.

(a) "Criminal sexual conduct" means a violation of section 609.342, 609.343,
609.344, 609.345, or 609.3451.

(b) new text begin "Sex trafficking" means a violation of section 609.322.
new text end

new text begin (c) new text end "Complainant" means a person reporting to have been subjected to criminal
sexual conduct new text begin or sex trafficking new text end .

deleted text begin (c) deleted text end new text begin (d) new text end "Polygraph examination" means any mechanical or electrical instrument or
device of any type used or allegedly used to examine, test, or question individuals for
the purpose of determining truthfulness.

Sec. 10.

Minnesota Statutes 2014, section 617.242, subdivision 6, is amended to read:

Subd. 6.

Restrictions on ownership or management by persons convicted of
certain crimes.

A person who has been convicted of one of the following offenses may
not operate or manage an adult business establishment for three years after discharge of
the sentence for the offense, or a similar offense in another state or jurisdiction:

(1) prostitution new text begin or sex trafficking new text end under section 609.321; new text begin 609.322; new text end 609.324; or
609.3242;

(2) criminal sexual conduct under sections 609.342 to 609.3451;

(3) solicitation of children under section 609.352;

(4) indecent exposure under section 617.23;

(5) distribution or exhibition of obscene materials and performances under section
617.241;

(6) use of a minor in a sexual performance under section 617.246; or

(7) possession of pornographic work involving minors under section 617.247.

Sec. 11.

Minnesota Statutes 2014, section 628.26, is amended to read:

628.26 LIMITATIONS.

(a) Indictments or complaints for any crime resulting in the death of the victim may
be found or made at any time after the death of the person killed.

(b) Indictments or complaints for a violation of section 609.25 may be found or
made at any time after the commission of the offense.

(c) Indictments or complaints for violation of section 609.282 may be found or made
at any time after the commission of the offense if the victim was under the age of 18 at
the time of the offense.

(d) Indictments or complaints for violation of section 609.282 where the victim
was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause
(1) or (2), shall be found or made and filed in the proper court within six years after
the commission of the offense.

(e) Indictments or complaints for violation of sections new text begin 609.322 and new text end 609.342 to
609.345 new text begin , new text end if the victim was under the age of 18 years at the time the offense was committed,
shall be found or made and filed in the proper court within the later of nine years after
the commission of the offense or three years after the offense was reported to law
enforcement authorities.

(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
violation of sections new text begin 609.322 and new text end 609.342 to 609.344 may be found or made and filed
in the proper court at any time after commission of the offense, if physical evidence is
collected and preserved that is capable of being tested for its DNA characteristics. If
this evidence is not collected and preserved and the victim was 18 years old or older
at the time of the offense, the prosecution must be commenced within nine years after
the commission of the offense.

(g) Indictments or complaints for violation of sections 609.466 and 609.52,
subdivision 2, clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.

(h) Indictments or complaints for violation of section 609.2335, 609.52, subdivision
2, clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of
the property or services stolen is more than $35,000, shall be found or made and filed in
the proper court within five years after the commission of the offense.

(i) Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.

(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall
be found or made and filed in the proper court within five years after the commission
of the offense.

(k) In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.

(l) The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.

(m) The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.

(n) The limitations periods contained in this section shall not include any period
of time during which physical evidence relating to the offense was undergoing DNA
analysis, as defined in section 299C.155, unless the defendant demonstrates that the
prosecuting or law enforcement agency purposefully delayed the DNA analysis process in
order to gain an unfair advantage.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2015.
new text end