HF 2614

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; establishing predatory offender registration requirements
for certain predatory offenders who reside on Indian reservations; amending
Minnesota Statutes 2005 Supplement, section 243.166, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 243.166, is amended by
adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Hearing. new text end

new text begin When a person who is required to register under this section
refuses to do so because the person is an enrolled member of an Indian tribe whose
primary address is on the person's reservation of enrollment, the prosecuting authority
may bring a motion before the sentencing court to establish the person's tribal membership
and primary address. If the person fails to appear at the motion hearing or if the person
fails to prove by clear and convincing evidence that the person is an enrolled member of
an Indian tribe whose primary address is on the person's reservation of enrollment, the
court shall order the person to comply with all registration requirements applicable to
Minnesota residents. If the court rules that the offender is not obligated to register under
this section, the court must:
new text end

new text begin (1) notify the person of the travel prohibition established in subdivision 3b; and
new text end

new text begin (2) send a copy of the order to the Bureau of Criminal Apprehension where the
superintendent shall file the order in the person's criminal record and add the person's
name and status to the predatory offender registry.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to persons subject to predatory offender registration on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 243.166, is amended by adding a
subdivision to read:

new text begin Subd. 3b. new text end

new text begin Travel prohibition; waiver. new text end

new text begin (a) A person who is required to register
under this section, but who is excused from doing so because the person is an enrolled
member of an Indian tribe whose primary address is on the person's reservation of
enrollment, may not leave the person's reservation and enter Minnesota without signing a
waiver of the right to avoid predatory offender registration in the state. The Bureau of
Criminal Apprehension shall prepare the standard waiver form. The form shall:
new text end

new text begin (1) require the signatory to permanently waive the right to avoid predatory offender
registration while on the person's reservation of enrollment as a precondition to leaving
the reservation of enrollment and entering Minnesota; and
new text end

new text begin (2) require the signatory to agree to comply with all registration requirements in this
section applicable to Minnesota residents.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to persons subject to predatory offender registration on or after that date.
new text end