HF 1960

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; clarifying provisions of 
  1.3             the sex offender registration law, registration law 
  1.4             for other offenders, and law requiring submission of a 
  1.5             biological specimen for DNA testing; providing 
  1.6             criminal penalties; requiring additional offenders to 
  1.7             submit a biological specimen for DNA testing; amending 
  1.8             Minnesota Statutes 2000, sections 243.166, 
  1.9             subdivisions 1, 3, 4a, 6; 243.167, subdivision 1; 
  1.10            609.117, subdivision 2; repealing Minnesota Statutes 
  1.11            2000, section 243.166, subdivision 10. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2000, section 243.166, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  1.16  register under this section if:  
  1.17     (1) the person was charged with or petitioned for a felony 
  1.18  violation of or attempt to violate any of the following, and 
  1.19  convicted of or adjudicated delinquent for that offense or 
  1.20  another offense arising out of the same set of circumstances: 
  1.21     (i) murder under section 609.185, clause (2); or 
  1.22     (ii) kidnapping under section 609.25; or 
  1.23     (iii) criminal sexual conduct under section 609.342; 
  1.24  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
  1.25     (iv) indecent exposure under section 617.23, subdivision 3; 
  1.26  or 
  1.27     (2) the person was charged with or petitioned for falsely 
  1.28  imprisoning a minor in violation of section 609.255, subdivision 
  2.1   2; soliciting a minor to engage in prostitution in violation of 
  2.2   section 609.322 or 609.324; soliciting a minor to engage in 
  2.3   sexual conduct in violation of section 609.352; using a minor in 
  2.4   a sexual performance in violation of section 617.246; or 
  2.5   possessing pornographic work involving a minor in violation of 
  2.6   section 617.247, and convicted of or adjudicated delinquent for 
  2.7   that offense or another offense arising out of the same set of 
  2.8   circumstances; or 
  2.9      (3) the person was convicted of a predatory crime as 
  2.10  defined in section 609.108, and the offender was sentenced as a 
  2.11  patterned sex offender or the court found on its own motion or 
  2.12  that of the prosecutor that the crime was part of a predatory 
  2.13  pattern of behavior that had criminal sexual conduct as its 
  2.14  goal; or 
  2.15     (4) the person was convicted of or adjudicated delinquent 
  2.16  for, including pursuant to a court martial, violating a law of 
  2.17  the United States, including the Uniform Code of Military 
  2.18  Justice, similar to the offenses described in clause (1), (2), 
  2.19  or (3). 
  2.20     (b) A person also shall register under this section if: 
  2.21     (1) the person was convicted of or adjudicated delinquent 
  2.22  in another state for an offense that would be a violation of a 
  2.23  law described in paragraph (a) if committed in this state; 
  2.24     (2) and the person enters the state to reside, or to work, 
  2.25  or attend school; and 
  2.26     (3) ten years have not elapsed since the person was 
  2.27  released from confinement or, if the person was not confined, 
  2.28  since the person was convicted of or adjudicated delinquent for 
  2.29  the offense that triggers registration or the person lives in 
  2.30  the state, regardless of the date of the person's conviction or 
  2.31  delinquency adjudication.  
  2.32  For purposes of this paragraph: 
  2.33     (i) "school" includes any public or private educational 
  2.34  institution, including any secondary school, trade or 
  2.35  professional institution, or institution of higher education, 
  2.36  that the person is enrolled in on a full-time or part-time 
  3.1   basis; and 
  3.2      (ii) "work" includes employment that is full-time or 
  3.3   part-time for a period of time exceeding 14 days or for an 
  3.4   aggregate period of time exceeding 30 days during any calendar 
  3.5   year, whether financially compensated, volunteered, or for the 
  3.6   purpose of government or educational benefit. 
  3.7      (c) A person also shall register under this section if the 
  3.8   person was committed pursuant to a court commitment order under 
  3.9   section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
  3.10  a similar law of another state or the United States, regardless 
  3.11  of whether the person was convicted of any offense. 
  3.12     (d) A person also shall register under this section if: 
  3.13     (1) the person was charged with or petitioned for a felony 
  3.14  violation or attempt to violate any of the offenses listed in 
  3.15  paragraph (a), clause (1), or a similar law of another state or 
  3.16  the United States, or the person was charged with or petitioned 
  3.17  for a violation of any of the offenses listed in paragraph (a), 
  3.18  clause (2), or a similar law of another state or the United 
  3.19  States; 
  3.20     (2) the person was found not guilty by reason of mental 
  3.21  illness or mental deficiency after a trial for that offense, or 
  3.22  found guilty but mentally ill after a trial for that offense, in 
  3.23  states with a guilty but mentally ill verdict; and 
  3.24     (3) the person was committed pursuant to a court commitment 
  3.25  order under section 253B.18 or a similar law of another state or 
  3.26  the United States. 
  3.27     Sec. 2.  Minnesota Statutes 2000, section 243.166, 
  3.28  subdivision 3, is amended to read: 
  3.29     Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
  3.30  to register under this section shall register with the 
  3.31  corrections agent as soon as the agent is assigned to the 
  3.32  person.  If the person does not have an assigned corrections 
  3.33  agent or is unable to locate the assigned corrections agent, the 
  3.34  person shall register with the law enforcement agency that has 
  3.35  jurisdiction in the area of the person's residence. 
  3.36     (b) At least five days before the person starts living at a 
  4.1   new primary address, including living in another state, the 
  4.2   person shall give written notice of the new primary living 
  4.3   address to the assigned corrections agent or to the law 
  4.4   enforcement authority with which the person currently is 
  4.5   registered.  If the person will be living in a new state and 
  4.6   that state has a registration requirement, the person shall also 
  4.7   give written notice of the new address to the designated 
  4.8   registration agency in the new state.  The corrections agent or 
  4.9   law enforcement authority shall, within two business days after 
  4.10  receipt of this information, forward it to the bureau of 
  4.11  criminal apprehension.  The bureau of criminal apprehension 
  4.12  shall, if it has not already been done, notify the law 
  4.13  enforcement authority having primary jurisdiction in the 
  4.14  community where the person will live of the new address.  If the 
  4.15  person is leaving the state, the bureau of criminal apprehension 
  4.16  shall notify the registration authority in the new state of the 
  4.17  new address.  If the person's obligation to register arose under 
  4.18  subdivision 1, paragraph (b), the person's Minnesota 
  4.19  registration requirements under this section terminate when the 
  4.20  person begins living in the new state.  If the person returns to 
  4.21  live in the state, the person must resume registration for the 
  4.22  duration of the person's original registration period, if any. 
  4.23     (c) A person required to register under subdivision 1, 
  4.24  paragraph (b), because the person is working or attending school 
  4.25  in Minnesota shall register with the law enforcement agency that 
  4.26  has jurisdiction in the area where the person works or attends 
  4.27  school.  In addition to other information required by this 
  4.28  section, the person shall provide the address of the school or 
  4.29  of the location where the person is employed.  A person must 
  4.30  comply with this paragraph within five days of beginning 
  4.31  employment or school.  A person's obligation to register in 
  4.32  Minnesota under this paragraph terminates when the person is no 
  4.33  longer working or attending school in Minnesota.  If the person 
  4.34  returns to work or to attend school in the state, the person 
  4.35  must resume registration for the duration of the person's 
  4.36  original registration period, if any. 
  5.1      (d) A person required to register under this section who 
  5.2   works or attends school outside of Minnesota shall register as a 
  5.3   predatory offender in the state where the person works or 
  5.4   attends school.  The person's corrections agent, or if the 
  5.5   person does not have an assigned corrections agent, the law 
  5.6   enforcement authority that has jurisdiction in the area of the 
  5.7   person's residence shall notify the person of this requirement. 
  5.8      Sec. 3.  Minnesota Statutes 2000, section 243.166, 
  5.9   subdivision 4a, is amended to read: 
  5.10     Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) A 
  5.11  person required to register under this section shall provide to 
  5.12  the corrections agent or law enforcement authority the following 
  5.13  information: 
  5.14     (1) the address of the person's primary residence; 
  5.15     (2) the addresses of all the person's secondary 
  5.16  residences in Minnesota, including all addresses used for 
  5.17  residential or recreational purposes; 
  5.18     (3) the addresses of all Minnesota property owned, leased, 
  5.19  or rented by the person; 
  5.20     (4) the addresses of all locations where the person is 
  5.21  employed; 
  5.22     (5) the addresses of all residences where the person 
  5.23  resides while attending school; and 
  5.24     (6) the year, model, make, license plate number, and color 
  5.25  of all motor vehicles owned or regularly driven by the 
  5.26  person.  "Motor vehicle" has the meaning given "vehicle" in 
  5.27  section 169.01, subdivision 2. 
  5.28     (b) The person shall report to the agent or authority the 
  5.29  information required to be provided under paragraph (a), clauses 
  5.30  (2) to (6), within five days of the date the clause becomes 
  5.31  applicable.  If because of a change in circumstances a clause no 
  5.32  longer applies to previously reported information, the person 
  5.33  shall immediately inform the agent or authority that the 
  5.34  information is no longer valid. 
  5.35     Sec. 4.  Minnesota Statutes 2000, section 243.166, 
  5.36  subdivision 6, is amended to read: 
  6.1      Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
  6.2   provisions of section 609.165, subdivision 1, and except as 
  6.3   provided in paragraphs (b), (c), and (d), a person required to 
  6.4   register under this section shall continue to comply with this 
  6.5   section until ten years have elapsed since the person initially 
  6.6   registered in connection with the offense, or until the 
  6.7   probation, supervised release, or conditional release period 
  6.8   expires, whichever occurs later.  For a person required to 
  6.9   register under this section who is committed under section 
  6.10  253B.18 or 253B.185, the ten-year registration period does not 
  6.11  include the period of commitment. 
  6.12     (b) If a person required to register under this section 
  6.13  fails to register following a change in residence, the 
  6.14  commissioner of public safety may require the person to continue 
  6.15  to register for an additional period of five years.  This 
  6.16  five-year period is added to the end of the offender's 
  6.17  registration period.  
  6.18     (c) If a person required to register under this section is 
  6.19  subsequently incarcerated following a revocation of probation, 
  6.20  supervised release, or conditional release for that offense, or 
  6.21  a conviction for any new offense, the person shall continue to 
  6.22  register until ten years have elapsed since the person was last 
  6.23  released from incarceration or until the person's probation, 
  6.24  supervised release, or conditional release period expires, 
  6.25  whichever occurs later. 
  6.26     (d) A person shall continue to comply with this section for 
  6.27  the life of that person:  
  6.28     (1) if the person is convicted of or adjudicated delinquent 
  6.29  for any offense for which registration is required under 
  6.30  subdivision 1, or any offense from another state or any federal 
  6.31  offense similar to the offenses described in subdivision 1, and 
  6.32  the person has a prior conviction or adjudication for an offense 
  6.33  for which registration was required under subdivision 1, or an 
  6.34  offense from another state or a federal offense similar to an 
  6.35  offense described in subdivision 1; 
  6.36     (2) if the person is required to register based upon a 
  7.1   conviction or delinquency adjudication for an offense under 
  7.2   section 609.185, clause (2); 609.342, subdivision 1, paragraph 
  7.3   (a), (c), (d), (e), (f), or (h); 609.343, subdivision 1, 
  7.4   paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 
  7.5   1, paragraph (a), (c), or (g); or 609.345, subdivision 1, 
  7.6   paragraph (a), (c), or (g); or a statute from another state or 
  7.7   the United States similar to the offenses described in this 
  7.8   clause; or 
  7.9      (3) if the person is required to register under subdivision 
  7.10  1, paragraph (c), following commitment pursuant to a court 
  7.11  commitment under section 253B.185 or a similar law of another 
  7.12  state or the United States. 
  7.13     Sec. 5.  Minnesota Statutes 2000, section 243.167, 
  7.14  subdivision 1, is amended to read: 
  7.15     Subdivision 1.  [DEFINITION.] As used in this section, 
  7.16  "crime against the person" means a violation of any of the 
  7.17  following or a similar law of another state or of the United 
  7.18  States:  section 609.165; 609.185; 609.19; 609.195; 609.20; 
  7.19  609.205; 609.221; 609.222; 609.223; 609.224, subdivision 2 or 4; 
  7.20  609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1; 
  7.21  609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 
  7.22  1; 609.582, subdivision 1; or 617.23, subdivision 2; or any 
  7.23  felony-level violation of section 609.229; 609.377; 609.749; or 
  7.24  624.713. 
  7.25     Sec. 6.  Minnesota Statutes 2000, section 609.117, 
  7.26  subdivision 2, is amended to read: 
  7.27     Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
  7.28  or local corrections authority shall order a person to provide a 
  7.29  biological specimen for the purpose of DNA analysis before 
  7.30  completion of the person's term of imprisonment when the person 
  7.31  has not provided a biological specimen for the purpose of DNA 
  7.32  analysis and the person: 
  7.33     (1) was convicted of is currently serving a term of 
  7.34  imprisonment for or has a past conviction for violating or 
  7.35  attempting to violate any of the following or a similar law of 
  7.36  another state or the United States or initially charged with 
  8.1   violating one of the following sections or a similar law of 
  8.2   another state or the United States and convicted of another 
  8.3   offense arising out of the same set of circumstances: 
  8.4      (i) murder under section 609.185, 609.19, or 609.195; 
  8.5      (ii) manslaughter under section 609.20 or 609.205; 
  8.6      (iii) assault under section 609.221, 609.222, or 609.223; 
  8.7      (iv) robbery under section 609.24 or aggravated robbery 
  8.8   under section 609.245; 
  8.9      (v) kidnapping under section 609.25; 
  8.10     (vi) false imprisonment under section 609.255; 
  8.11     (vii) criminal sexual conduct under section 609.342, 
  8.12  609.343, 609.344, or 609.345; 
  8.13     (viii) incest under section 609.365; 
  8.14     (ix) burglary under section 609.582, subdivision 1; or 
  8.15     (x) indecent exposure under section 617.23, subdivision 3, 
  8.16  clause (2); or 
  8.17     (2) was sentenced as a patterned sex offender under section 
  8.18  609.108, and committed to the custody of the commissioner of 
  8.19  corrections; or 
  8.20     (3) is serving a term of imprisonment in this state under a 
  8.21  reciprocal agreement although convicted in another state of an 
  8.22  offense described in this subdivision or a similar law of the 
  8.23  United States or any other state.  The commissioner of 
  8.24  corrections or local corrections authority shall forward the 
  8.25  sample to the bureau of criminal apprehension. 
  8.26     Sec. 7.  [LEGISLATIVE INTENT; REPEAL OF SECTION 243.166, 
  8.27  SUBDIVISION 10.] 
  8.28     The original intent of the legislature in enacting 
  8.29  Minnesota Statutes, section 243.166, subdivision 10, was to 
  8.30  provide for a more uniform application of the predatory offender 
  8.31  registration law.  Applying certain amendments to the law 
  8.32  retroactively to certain offenders was intended to ease the 
  8.33  administrative burden on agencies enforcing the law and better 
  8.34  serve the policy underlying it.  The subdivision was not 
  8.35  intended to act as a limitation on registration but rather, in 
  8.36  some cases, as an expansion.  The intent in repealing this 
  9.1   subdivision is to prevent a potential judicial misinterpretation 
  9.2   of it that was neither intended nor contemplated by the 
  9.3   legislature.  The repeal must not be construed as a substantive 
  9.4   change in the application or scope of Minnesota Statutes, 
  9.5   section 243.166. 
  9.6      Sec. 8.  [REPEALER.] 
  9.7      Minnesota Statutes 2000, section 243.166, subdivision 10, 
  9.8   is repealed. 
  9.9      Sec. 9.  [EFFECTIVE DATE.] 
  9.10     (a) Sections 1 to 7 are effective the day following final 
  9.11  enactment, except that section 2, subdivision 3, paragraphs (b) 
  9.12  and (c), are effective retroactively.  
  9.13     (b) Section 8 is effective retroactively to April 4, 2000.