HF 177

1st Engrossment - 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             permitting offenders to register with local law 
  1.6             enforcement agencies; increasing the penalty for 
  1.7             repeat violators of the registration law; expanding 
  1.8             the scope of the patterned sex offender sentencing 
  1.9             law; requiring training for judges, prosecutors, and 
  1.10            sex offender assessors on sentencing laws applicable 
  1.11            to repeat and patterned sex offenders; expanding the 
  1.12            interference with privacy crime; increasing penalties 
  1.13            for committing the crime of indecent exposure in the 
  1.14            presence of a child under the age of 16; tolling the 
  1.15            criminal statute of limitations while physical 
  1.16            evidence relating to a crime is undergoing DNA 
  1.17            analysis and lengthening it for criminal sexual 
  1.18            conduct crimes; amending Minnesota Statutes 1994, 
  1.19            sections 243.166; 480.30; 609.1352, subdivisions 1, 3, 
  1.20            and 5; 609.746, subdivision 1; 617.23; and 628.26. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 1994, section 243.166, is 
  1.23  amended to read: 
  1.24     243.166 [REGISTRATION OF PREDATORY OFFENDERS.] 
  1.25     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  1.26  register under this section if:  
  1.27     (1) the person was charged with or petitioned for a felony 
  1.28  violation of or attempt to violate any of the following, and 
  1.29  convicted of or adjudicated delinquent for that offense or of 
  1.30  another offense arising out of the same set of circumstances: 
  1.31     (i) murder under section 609.185, clause (2); 
  1.32     (ii) kidnapping under section 609.25, involving a minor 
  1.33  victim; or 
  2.1      (iii) criminal sexual conduct under section 609.342; 
  2.2   609.343; 609.344; or 609.345; or 
  2.3      (2) the person was convicted of a predatory crime as 
  2.4   defined in section 609.1352, and the offender was sentenced as a 
  2.5   patterned sex offender or the court found on its own motion or 
  2.6   that of the prosecutor that the crime was part of a predatory 
  2.7   pattern of behavior that had criminal sexual conduct as its 
  2.8   goal; or 
  2.9      (3) the person was convicted of or adjudicated delinquent 
  2.10  for violating a law of the United States similar to the offenses 
  2.11  described in clause (1) or (2). 
  2.12     (b) A person also shall register under this section if: 
  2.13     (1) the person was convicted of or adjudicated delinquent 
  2.14  in another state for an offense that would be a violation of a 
  2.15  law described in paragraph (a) if committed in this state; 
  2.16     (2) the person enters and remains in this state for 30 days 
  2.17  or longer; and 
  2.18     (3) ten years have not elapsed since the person was 
  2.19  released from confinement or, if the person was not confined, 
  2.20  since the person was convicted of or adjudicated delinquent for 
  2.21  the offense that triggers registration.  
  2.22     Subd. 2.  [NOTICE.] When a person who is required to 
  2.23  register under this section subdivision 1, paragraph (a), is 
  2.24  sentenced or becomes subject to a juvenile court disposition 
  2.25  order, the court shall tell the person of the duty to register 
  2.26  under this section.  The court shall require the person to read 
  2.27  and sign a form stating that the duty of the person to register 
  2.28  under this section has been explained.  If a person required to 
  2.29  register under this section subdivision 1, paragraph (a), was 
  2.30  not notified by the court of the registration requirement at the 
  2.31  time of sentencing or disposition, the assigned corrections 
  2.32  agent shall notify the person of the requirements of this 
  2.33  section. 
  2.34     Subd. 3.  [REGISTRATION PROCEDURE.] (a) The A person 
  2.35  required to register under subdivision 1, paragraph (a), shall 
  2.36  register with the corrections agent as soon as the agent is 
  3.1   assigned to the person.  Instead of registering with the 
  3.2   corrections agent, the person may choose to register with the 
  3.3   law enforcement authority that has jurisdiction in the area 
  3.4   where the person will reside upon release or discharge.  
  3.5      (b) At least five days before the person changes residence, 
  3.6   including changing residence to another state, the person shall 
  3.7   give written notice of the address of the new residence to the 
  3.8   current or last assigned corrections agent or to the law 
  3.9   enforcement authority with which the person currently is 
  3.10  registered.  An offender is deemed to change residence when the 
  3.11  offender remains at a new address for longer than three days and 
  3.12  evinces an intent to take up residence there.  The corrections 
  3.13  agent or law enforcement authority shall, within two business 
  3.14  days after receipt of this information, forward it to the bureau 
  3.15  of criminal apprehension and to the law enforcement authority 
  3.16  that has jurisdiction in the area of the person's new residence. 
  3.17     (b) A person required to register under subdivision 1, 
  3.18  paragraph (b), shall, within ten days after the duty to register 
  3.19  arises, register with the appropriate law enforcement authority 
  3.20  that has jurisdiction in the area of the person's new 
  3.21  residence.  The authority shall, within three days, forward the 
  3.22  registration information to the bureau of criminal 
  3.23  apprehension.  At least five days before the person changes 
  3.24  residence, the person shall give written notice of the address 
  3.25  of the new residence to the bureau of criminal apprehension and 
  3.26  to the appropriate law enforcement authority with jurisdiction 
  3.27  in the area of the person's new residence.  The person is deemed 
  3.28  to change residence when the person remains at a new address for 
  3.29  longer than three days and evinces an intent to take up 
  3.30  residence there.  
  3.31     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
  3.32  provided to the corrections agent or law enforcement authority, 
  3.33  must consist of a statement in writing signed by the person, 
  3.34  giving information required by the bureau of criminal 
  3.35  apprehension, and a fingerprint card and photograph of the 
  3.36  person if these have not already been obtained in connection 
  4.1   with the offense that triggers registration.  
  4.2      (b) Within three days, the corrections agent or law 
  4.3   enforcement authority shall forward the statement, fingerprint 
  4.4   card, and photograph of a person required to register under 
  4.5   subdivision 1, paragraph (a) to the bureau of criminal 
  4.6   apprehension.  The bureau shall ascertain whether the person has 
  4.7   registered with the law enforcement authority where the person 
  4.8   resides.  If the person has not registered with the law 
  4.9   enforcement authority, the bureau shall send one copy to the 
  4.10  appropriate law enforcement authority that will have 
  4.11  jurisdiction where the person will reside on release or 
  4.12  discharge that authority.  
  4.13     (c) Within three days, the law enforcement authority shall 
  4.14  forward the statement, fingerprint card, and photograph of a 
  4.15  person required to register under subdivision 1, paragraph (b), 
  4.16  to the bureau of criminal apprehension. 
  4.17     Subd. 5.  [CRIMINAL PENALTY.] A person required to register 
  4.18  under this section who violates any of its provisions or 
  4.19  intentionally provides false information to a corrections agent, 
  4.20  law enforcement authority, or the bureau of criminal 
  4.21  apprehension is guilty of a gross misdemeanor.  A person 
  4.22  convicted of or adjudicated delinquent for violating this 
  4.23  section who previously has been convicted under this section is 
  4.24  guilty of a felony.  A violation of this section may be 
  4.25  prosecuted either where the person resides or where the person 
  4.26  was last assigned to a Minnesota corrections agent. 
  4.27     Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
  4.28  provisions of section 609.165, subdivision 1, a person required 
  4.29  to register under this section shall continue to comply with 
  4.30  this section until ten years have elapsed since the person was 
  4.31  initially assigned to a corrections agent initially registered 
  4.32  in connection with the offense, or until the probation, 
  4.33  supervised release, or conditional release period expires, 
  4.34  whichever occurs later.  For a person required to register under 
  4.35  this section who is committed under section 253B.185, the 
  4.36  ten-year registration period does not include the period of 
  5.1   commitment. 
  5.2      (b) If a person required to register under this section 
  5.3   fails to register following a change in residence, the 
  5.4   commissioner of public safety may require the person to continue 
  5.5   to register for an additional period of five years. 
  5.6      Subd. 7.  [USE OF INFORMATION.] The information provided 
  5.7   under this section is private data on individuals under section 
  5.8   13.01, subdivision 12.  The information may be used only for law 
  5.9   enforcement purposes. 
  5.10     Subd. 8.  [LAW ENFORCEMENT AUTHORITY.] For purposes of this 
  5.11  section, a law enforcement authority means, with respect to a 
  5.12  home rule charter or statutory city, the chief of police, and 
  5.13  with respect to an unincorporated area, the sheriff of the 
  5.14  county. 
  5.15     Subd. 9.  [OFFENDERS FROM OTHER STATES.] When the state 
  5.16  accepts an offender from another state under a reciprocal 
  5.17  agreement under the interstate compact authorized by section 
  5.18  243.16 or under any authorized interstate agreement, the 
  5.19  acceptance is conditional on the offender agreeing to register 
  5.20  under this section when the offender is living in Minnesota. 
  5.21     Sec. 2.  Minnesota Statutes 1994, section 480.30, is 
  5.22  amended to read: 
  5.23     480.30 [JUDICIAL TRAINING.] 
  5.24     Subdivision 1.  [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.] 
  5.25  The supreme court's judicial education program must include 
  5.26  ongoing training for district court judges on child and 
  5.27  adolescent sexual abuse, domestic abuse, harassment, stalking, 
  5.28  and related civil and criminal court issues.  The program must 
  5.29  include information about the specific needs of victims.  The 
  5.30  program must include education on the causes of sexual abuse and 
  5.31  family violence and culturally responsive approaches to serving 
  5.32  victims.  The program must emphasize the need for the 
  5.33  coordination of court and legal victim advocacy services and 
  5.34  include education on sexual abuse and domestic abuse programs 
  5.35  and policies within law enforcement agencies and prosecuting 
  5.36  authorities as well as the court system.  
  6.1      Subd. 2.  [SEXUAL VIOLENCE.] The supreme court's judicial 
  6.2   education program must include ongoing training for judges, 
  6.3   judicial officers, court services personnel, and sex offender 
  6.4   assessors on the specific sentencing statutes and sentencing 
  6.5   guidelines applicable to persons convicted of sex offenses and 
  6.6   other crimes that are sexually motivated.  The training shall 
  6.7   focus on the sentencing provisions applicable to repeat sex 
  6.8   offenders and patterned sex offenders.  
  6.9      Subd. 3.  [BAIL EVALUATIONS.] The supreme court's judicial 
  6.10  education program also must include training for judges, 
  6.11  judicial officers, and court services personnel on how to assure 
  6.12  that their bail evaluations and decisions are racially and 
  6.13  culturally neutral. 
  6.14     Sec. 3.  Minnesota Statutes 1994, section 609.1352, 
  6.15  subdivision 1, is amended to read: 
  6.16     Subdivision 1.  [SENTENCING AUTHORITY.] (a) Notwithstanding 
  6.17  the statutory maximum imprisonment penalty otherwise applicable 
  6.18  to the offense, a court shall commit a person to the 
  6.19  commissioner of corrections for a period of time that is not 
  6.20  less than double the presumptive sentence under the sentencing 
  6.21  guidelines and not more than the statutory maximum, or if the 
  6.22  statutory maximum is less than double the presumptive sentence, 
  6.23  for a period of time that is equal to the statutory maximum, 40 
  6.24  years if: 
  6.25     (1) the court is imposing an executed sentence, based on a 
  6.26  sentencing guidelines presumptive imprisonment sentence or a 
  6.27  dispositional departure for aggravating circumstances or a 
  6.28  mandatory minimum sentence, on a person convicted of committing 
  6.29  or attempting to commit a violation of section 609.342, 609.343, 
  6.30  609.344, or 609.345, or on a person convicted of committing or 
  6.31  attempting to commit any other crime listed in subdivision 2 if 
  6.32  it reasonably appears to the court that the crime was motivated 
  6.33  by the offender's sexual impulses or was part of a predatory 
  6.34  pattern of behavior that had criminal sexual conduct as its 
  6.35  goal; 
  6.36     (2) the court finds that the offender is a danger to public 
  7.1   safety; and 
  7.2      (3) the court finds that the offender needs long-term 
  7.3   treatment or supervision beyond the presumptive term of 
  7.4   imprisonment and supervised release.  The finding must be based 
  7.5   on a professional assessment by an examiner experienced in 
  7.6   evaluating sex offenders that concludes that the offender is a 
  7.7   patterned sex offender.  The assessment must contain the facts 
  7.8   upon which the conclusion is based, with reference to the 
  7.9   offense history of the offender or the severity of the current 
  7.10  offense, the social history of the offender, and the results of 
  7.11  an examination of the offender's mental status unless the 
  7.12  offender refuses to be examined.  The conclusion may not be 
  7.13  based on testing alone.  A patterned sex offender is one whose 
  7.14  criminal sexual behavior is so engrained that the risk of 
  7.15  reoffending is great without intensive psychotherapeutic 
  7.16  intervention or other long-term controls. 
  7.17     (b) The court shall consider imposing a sentence under this 
  7.18  section whenever a person is convicted of violating section 
  7.19  609.342 or 609.343. 
  7.20     Sec. 4.  Minnesota Statutes 1994, section 609.1352, 
  7.21  subdivision 3, is amended to read: 
  7.22     Subd. 3.  [DANGER TO PUBLIC SAFETY.] The court shall base 
  7.23  its finding that the offender is a danger to public safety on 
  7.24  either any of the following factors: 
  7.25     (1) the crime involved an aggravating factor that would 
  7.26  justify a durational departure from the presumptive sentence 
  7.27  under the sentencing guidelines; or 
  7.28     (2) the offender previously committed or attempted to 
  7.29  commit a predatory crime or a violation of section 609.224, 
  7.30  including: 
  7.31     (i) an offense committed as a juvenile that would have been 
  7.32  a predatory crime or a violation of section 609.224 if committed 
  7.33  by an adult; or 
  7.34     (ii) a violation or attempted violation of a similar law of 
  7.35  any other state or the United States; or 
  7.36     (3) the offender planned or prepared for the crime prior to 
  8.1   its commission. 
  8.2      Sec. 5.  Minnesota Statutes 1994, section 609.1352, 
  8.3   subdivision 5, is amended to read: 
  8.4      Subd. 5.  [CONDITIONAL RELEASE.] At the time of sentencing 
  8.5   under subdivision 1, the court shall provide that after the 
  8.6   offender has completed the sentence imposed, less any good time 
  8.7   earned by an offender whose crime was committed before August 1, 
  8.8   1993, the commissioner of corrections shall place the offender 
  8.9   on conditional release for the remainder of the statutory 
  8.10  maximum period or for ten years, whichever is longer person's 
  8.11  life. 
  8.12     The conditions of release may include successful completion 
  8.13  of treatment and aftercare in a program approved by the 
  8.14  commissioner, satisfaction of the release conditions specified 
  8.15  in section 244.05, subdivision 6, and any other conditions the 
  8.16  commissioner considers appropriate.  Before the offender is 
  8.17  released, the commissioner shall notify the sentencing court, 
  8.18  the prosecutor in the jurisdiction where the offender was 
  8.19  sentenced and the victim of the offender's crime, where 
  8.20  available, of the terms of the offender's conditional release.  
  8.21  If the offender fails to meet any condition of release, the 
  8.22  commissioner may revoke the offender's conditional release and 
  8.23  order that the offender serve all or a part of the remaining 
  8.24  portion of the conditional release term in prison.  The 
  8.25  commissioner shall not dismiss the offender from 
  8.26  supervision before the conditional release term expires for the 
  8.27  remainder of the offender's life. 
  8.28     Conditional release granted under this subdivision is 
  8.29  governed by provisions relating to supervised release, except as 
  8.30  otherwise provided in this subdivision, section 244.04, 
  8.31  subdivision 1, or 244.05. 
  8.32     Sec. 6.  Minnesota Statutes 1994, section 609.746, 
  8.33  subdivision 1, is amended to read: 
  8.34     Subdivision 1.  [SURREPTITIOUS INTRUSION; OBSERVATION 
  8.35  DEVICE.] (a) A person is guilty of a misdemeanor who: 
  8.36     (1) enters upon another's property; 
  9.1      (2) surreptitiously gazes, stares, or peeps in the window 
  9.2   or any other aperture of a house or place of dwelling of 
  9.3   another; and 
  9.4      (3) does so with intent to intrude upon or interfere with 
  9.5   the privacy of a member of the household. 
  9.6      (b) A person is guilty of a misdemeanor who: 
  9.7      (1) enters upon another's property; 
  9.8      (2) surreptitiously installs or uses any device for 
  9.9   observing, photographing, recording, amplifying, or broadcasting 
  9.10  sounds or events through the window or any other aperture of a 
  9.11  house or place of dwelling of another; and 
  9.12     (3) does so with intent to intrude upon or interfere with 
  9.13  the privacy of a member of the household. 
  9.14     (c) A person is guilty of a misdemeanor who: 
  9.15     (1) surreptitiously gazes, stares, or peeps in the window 
  9.16  or other aperture of a hotel sleeping room or tanning booth 
  9.17  occupied by another; and 
  9.18     (2) does so with intent to intrude upon or interfere with 
  9.19  the privacy of an occupant of the hotel sleeping room or tanning 
  9.20  booth. 
  9.21     (d) A person is guilty of a misdemeanor who: 
  9.22     (1) surreptitiously installs or uses any device for 
  9.23  observing, photographing, recording, amplifying, or broadcasting 
  9.24  sounds or events through the window or other aperture of a hotel 
  9.25  sleeping room or tanning booth occupied by another; and 
  9.26     (2) does so with intent to intrude upon or interfere with 
  9.27  the privacy of an occupant of the hotel sleeping room or tanning 
  9.28  booth. 
  9.29     (e) A person is guilty of a gross misdemeanor if the person 
  9.30  violates this subdivision after a previous conviction under this 
  9.31  subdivision or section 609.749. 
  9.32     (d) Paragraph (b) does (f) Paragraphs (b) and (d) do not 
  9.33  apply to law enforcement officers or corrections investigators, 
  9.34  or to those acting under their direction, while engaged in the 
  9.35  performance of their lawful duties. 
  9.36     Sec. 7.  Minnesota Statutes 1994, section 617.23, is 
 10.1   amended to read: 
 10.2      617.23 [INDECENT EXPOSURE; PENALTIES.] 
 10.3      Every (a) A person is guilty of a misdemeanor who shall:  
 10.4      (1) willfully and lewdly expose exposes the person's body, 
 10.5   or the private parts thereof, in any public place, or in any 
 10.6   place where others are present, or shall procure; 
 10.7      (2) procures another to expose private parts, and every 
 10.8   person who shall be guilty of; or 
 10.9      (3) engages in any open or gross lewdness or lascivious 
 10.10  behavior, or any public indecency other than hereinbefore 
 10.11  behavior specified, shall be guilty of a misdemeanor in clause 
 10.12  (1) or (2) or this clause. 
 10.13     (b) A person is guilty of a gross misdemeanor if: 
 10.14     (1) the person violates this section in the presence of a 
 10.15  minor under the age of 16; or 
 10.16     (2) the person violates this section after having been 
 10.17  previously convicted of violating this section, sections 609.342 
 10.18  to 609.3451, or a statute from another state in conformity with 
 10.19  any of those sections.  
 10.20     Sec. 8.  Minnesota Statutes 1994, section 628.26, is 
 10.21  amended to read: 
 10.22     628.26 [LIMITATIONS.] 
 10.23     (a) Indictments or complaints for murder may be found or 
 10.24  made at any time after the death of the person killed.  
 10.25     (b) Indictments or complaints for violation of section 
 10.26  609.42, subdivision 1, clause (1) or (2), shall be found or made 
 10.27  and filed in the proper court within six years after the 
 10.28  commission of the offense.  
 10.29     (c) Indictments or complaints for violation of sections 
 10.30  609.342 to 609.345 if the victim was under the age of 18 years 
 10.31  at the time the offense was committed, shall be found or made 
 10.32  and filed in the proper court within seven nine years after the 
 10.33  commission of the offense or, if the victim failed to report the 
 10.34  offense within this limitation period, within three years after 
 10.35  the offense was reported to law enforcement authorities. 
 10.36     (d) Indictments or complaints for violation of sections 
 11.1   609.342 to 609.344 if the victim was 18 years old or older at 
 11.2   the time the offense was committed, shall be found or made and 
 11.3   filed in the proper court within seven nine years after the 
 11.4   commission of the offense. 
 11.5      (e) Indictments or complaints for violation of sections 
 11.6   609.466 and 609.52, subdivision 2, clause (3)(c) shall be found 
 11.7   or made and filed in the proper court within six years after the 
 11.8   commission of the offense. 
 11.9      (f) Indictments or complaints for violation of section 
 11.10  609.52, subdivision 2, clause (3), items (a) and (b), (4), (15), 
 11.11  or (16), 609.631, or 609.821, where the value of the property or 
 11.12  services stolen is more than $35,000, shall be found or made and 
 11.13  filed in the proper court within five years after the commission 
 11.14  of the offense. 
 11.15     (g) Except for violations relating to false material 
 11.16  statements, representations or omissions, indictments or 
 11.17  complaints for violations of section 609.671 shall be found or 
 11.18  made and filed in the proper court within five years after the 
 11.19  commission of the offense.  
 11.20     (h) Indictments or complaints for violation of sections 
 11.21  609.561 to 609.563, shall be found or made and filed in the 
 11.22  proper court within five years after the commission of the 
 11.23  offense. 
 11.24     (i) In all other cases, indictments or complaints shall be 
 11.25  found or made and filed in the proper court within three years 
 11.26  after the commission of the offense. 
 11.27     (j) The limitations periods contained in this section shall 
 11.28  exclude any period of time during which the defendant was not an 
 11.29  inhabitant of or usually resident within this state. 
 11.30     (k) The limitations periods contained in this section for 
 11.31  an offense shall not include any period during which the alleged 
 11.32  offender participated under a written agreement in a pretrial 
 11.33  diversion program relating to that offense. 
 11.34     (1) The limitations periods contained in this section shall 
 11.35  not include any period of time during which physical evidence 
 11.36  relating to the offense was undergoing DNA analysis, as defined 
 12.1   in section 299C.155, unless the defendant demonstrates that the 
 12.2   prosecuting or law enforcement agency purposefully delayed the 
 12.3   DNA analysis process in order to gain an unfair advantage. 
 12.4      Sec. 9.  [SEX OFFENDER SENTENCING; TRAINING FOR PROSECUTORS 
 12.5   AND PEACE OFFICERS.] 
 12.6      The county attorneys association, in conjunction with the 
 12.7   attorney general's office, shall conduct a training course for 
 12.8   prosecutors on the specific sentencing statutes and sentencing 
 12.9   guidelines applicable to persons convicted of sex offenses and 
 12.10  crimes that are sexually motivated.  The training shall focus on 
 12.11  the sentencing provisions applicable to repeat sex offenders and 
 12.12  patterned sex offenders.  The course may be combined with other 
 12.13  training conducted by the county attorneys association or other 
 12.14  groups. 
 12.15     Sec. 10.  [EFFECTIVE DATE.] 
 12.16     Section 1 is effective August 1, 1995, and applies to 
 12.17  persons who are sentenced in this state or who enter this state 
 12.18  on or after that date.  Section 1, subdivision 5, and sections 3 
 12.19  to 7 are effective August 1, 1995, and apply to crimes committed 
 12.20  on or after that date.  Sections 2 and 9 are effective the day 
 12.21  following final enactment.  Section 8 is effective August 1, 
 12.22  1995, and applies to crimes committed on or after that date, and 
 12.23  to crimes committed before that date if the limitations period 
 12.24  for the offense did not expire before August 1, 1995.