HF 1825

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; requiring persons convicted 
  1.3             of additional offenses to register under the predatory 
  1.4             offender registration law; amending Minnesota Statutes 
  1.5             1996, section 243.166, subdivisions 1, 2, 3, and 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 243.166, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  1.10  register under this section if:  
  1.11     (1) the person was charged with or petitioned for a felony 
  1.12  violation of or attempt to violate any of the following, and 
  1.13  convicted of or adjudicated delinquent for that offense or 
  1.14  another offense arising out of the same set of circumstances: 
  1.15     (i) murder under section 609.185, clause (2); 
  1.16     (ii) kidnapping under section 609.25, involving a minor 
  1.17  victim; or 
  1.18     (iii) criminal sexual conduct under section 609.342; 
  1.19  609.343; 609.344; or 609.345; or 
  1.20     (2) the person was charged with or petitioned for falsely 
  1.21  imprisoning a minor in violation of section 609.255, or 
  1.22  soliciting a minor to engage in prostitution in violation of 
  1.23  section 609.322, 609.323, or 609.324, or soliciting a minor to 
  1.24  engage in sexual conduct in violation of section 609.352, or 
  1.25  using a minor in a sexual performance in violation of section 
  2.1   617.246, or possessing pictorial representations of minors in 
  2.2   violation of section 617.247, and convicted of or adjudicated 
  2.3   delinquent for that offense or another offense arising out of 
  2.4   the same set of circumstances; or 
  2.5      (3) the person was convicted of a predatory crime as 
  2.6   defined in section 609.1352, and the offender was sentenced as a 
  2.7   patterned sex offender or the court found on its own motion or 
  2.8   that of the prosecutor that the crime was part of a predatory 
  2.9   pattern of behavior that had criminal sexual conduct as its 
  2.10  goal; or 
  2.11     (4) the person was convicted of or adjudicated delinquent 
  2.12  for violating a law of the United States similar to the offenses 
  2.13  described in clause (1), (2), or (3). 
  2.14     (b) A person also shall register under this section if: 
  2.15     (1) the person was convicted of or adjudicated delinquent 
  2.16  in another state for an offense that would be a violation of a 
  2.17  law described in paragraph (a) if committed in this state; 
  2.18     (2) the person enters and remains in this state for 30 days 
  2.19  or longer; and 
  2.20     (3) ten years have not elapsed since the person was 
  2.21  released from confinement or, if the person was not confined, 
  2.22  since the person was convicted of or adjudicated delinquent for 
  2.23  the offense that triggers registration.  
  2.24     (c) A person also shall register under this section if the 
  2.25  person was committed pursuant to a court commitment order under 
  2.26  section 253B.185 or Minnesota Statutes 1992, section 526.10, 
  2.27  regardless of whether the person was convicted of any offense. 
  2.28     Sec. 2.  Minnesota Statutes 1996, section 243.166, 
  2.29  subdivision 2, is amended to read: 
  2.30     Subd. 2.  [NOTICE.] When a person who is required to 
  2.31  register under subdivision 1, paragraph (a), is sentenced or 
  2.32  becomes subject to a juvenile court disposition order, the court 
  2.33  shall tell the person of the duty to register under this 
  2.34  section.  The court shall require the person to read and sign a 
  2.35  form stating that the duty of the person to register under this 
  2.36  section has been explained.  If a person required to register 
  3.1   under subdivision 1, paragraph (a), was not notified by the 
  3.2   court of the registration requirement at the time of sentencing 
  3.3   or disposition, the assigned corrections agent shall notify the 
  3.4   person of the requirements of this section.  When a person who 
  3.5   is required to register under subdivision 1, paragraph (c), is 
  3.6   released from commitment, the treatment facility shall notify 
  3.7   the person of the requirements of this section.  The treatment 
  3.8   facility shall also obtain the registration information required 
  3.9   under this section and forward it to the bureau of criminal 
  3.10  apprehension. 
  3.11     Sec. 3.  Minnesota Statutes 1996, section 243.166, 
  3.12  subdivision 3, is amended to read: 
  3.13     Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
  3.14  to register under this section shall register with the 
  3.15  corrections agent as soon as the agent is assigned to the 
  3.16  person.  If the person does not have an assigned corrections 
  3.17  agent or is unable to locate the assigned corrections agent, the 
  3.18  person shall register with the law enforcement agency that has 
  3.19  jurisdiction in the area of the person's residence. 
  3.20     (b) At least five days before the person changes residence 
  3.21  starts living at a new address, including changing residence to 
  3.22  living in another state, the person shall give written notice of 
  3.23  the address of the new residence new living address to the 
  3.24  assigned corrections agent or to the law enforcement authority 
  3.25  with which the person currently is registered.  An offender is 
  3.26  deemed to change residence when the offender remains at a new 
  3.27  address for longer than three days and evinces an intent to take 
  3.28  up residence there.  If the person will be living in a new state 
  3.29  and that state has a registration requirement, the person shall 
  3.30  also give written notice of the new address to the designated 
  3.31  registration agency in the new state.  The corrections agent or 
  3.32  law enforcement authority shall, within two business days after 
  3.33  receipt of this information, forward it to the bureau of 
  3.34  criminal apprehension.  The bureau of criminal apprehension 
  3.35  shall, if it has not already been done, notify the law 
  3.36  enforcement authority having primary jurisdiction in the 
  4.1   community where the person will live of the new address.  If the 
  4.2   person is leaving the state, the bureau of criminal apprehension 
  4.3   shall notify the registration authority in the new state of the 
  4.4   new address. 
  4.5      Sec. 4.  Minnesota Statutes 1996, section 243.166, 
  4.6   subdivision 4, is amended to read: 
  4.7      Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
  4.8   provided to the corrections agent or law enforcement authority, 
  4.9   must consist of a statement in writing signed by the person, 
  4.10  giving information required by the bureau of criminal 
  4.11  apprehension, a fingerprint card, and photograph of the person 
  4.12  taken at the time of the person's release from incarceration or, 
  4.13  if the person was not incarcerated, at the time the person 
  4.14  initially registered under this section.  
  4.15     (b) Within three days, the corrections agent or law 
  4.16  enforcement authority shall forward the statement, fingerprint 
  4.17  card, and photograph to the bureau of criminal apprehension.  
  4.18  The bureau shall ascertain whether the person has registered 
  4.19  with the law enforcement authority where the person resides.  If 
  4.20  the person has not registered with the law enforcement 
  4.21  authority, the bureau shall send one copy to that authority.  
  4.22     (c) During the period a person is required to register 
  4.23  under this section, the following shall apply: 
  4.24     (1) Each year, within 30 days of the anniversary date of 
  4.25  the person's initial registration, the bureau of criminal 
  4.26  apprehension shall mail a verification form to the last reported 
  4.27  address of the person. 
  4.28     (2) The person shall mail the signed verification form back 
  4.29  to the bureau of criminal apprehension within ten days after 
  4.30  receipt of the form, stating on the form the current and last 
  4.31  address of the person. 
  4.32     (3) If the person fails to mail the completed and signed 
  4.33  verification form to the bureau of criminal apprehension within 
  4.34  ten days after receipt of the form, the person shall be in 
  4.35  violation of this section.