HF 2734

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; registration of sexual 
  1.3             offenders; requiring certain offenders moving into 
  1.4             Minnesota to register within five days; authorizing 
  1.5             adult and juvenile offender registration information 
  1.6             to be maintained together; expanding prosecutional 
  1.7             jurisdiction; amending Minnesota Statutes 1996, 
  1.8             section 243.166, subdivisions 1 and 5; Minnesota 
  1.9             Statutes 1997 Supplement, section 244.166, subdivision 
  1.10            4. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 243.166, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  1.15  register under this section if:  
  1.16     (1) the person was charged with or petitioned for a felony 
  1.17  violation of or attempt to violate any of the following, and 
  1.18  convicted of or adjudicated delinquent for that offense or 
  1.19  another offense arising out of the same set of circumstances: 
  1.20     (i) murder under section 609.185, clause (2); 
  1.21     (ii) kidnapping under section 609.25, involving a minor 
  1.22  victim; or 
  1.23     (iii) criminal sexual conduct under section 609.342; 
  1.24  609.343; 609.344; or 609.345; or 
  1.25     (2) the person was charged with or petitioned for falsely 
  1.26  imprisoning a minor in violation of section 609.255; soliciting 
  1.27  a minor to engage in prostitution of section 609.322, 609.323, 
  1.28  or 609.324; soliciting a minor to engage in sexual conduct in 
  2.1   violation of section 609.352; using a minor in a sexual 
  2.2   performance in violation of section 617.246,; or possessing 
  2.3   pictorial representations of minors in violation of section 
  2.4   617.247, and convicted of or adjudicated delinquent for that 
  2.5   offense or another offense arising out of the same set of 
  2.6   circumstances; or 
  2.7      (3) the person was convicted of a predatory crime as 
  2.8   defined in section 609.1352, and the offender was sentenced as a 
  2.9   patterned sex offender or the court found on its own motion or 
  2.10  that of the prosecutor that the crime was part of a predatory 
  2.11  pattern of behavior that had criminal sexual conduct as its 
  2.12  goal; or 
  2.13     (4) the person was convicted of or adjudicated delinquent 
  2.14  for violating a law of the United States similar to the offenses 
  2.15  described in clause (1), (2), or (3). 
  2.16     (b) A person also shall register under this section if: 
  2.17     (1) the person was convicted of or adjudicated delinquent 
  2.18  in another state for an offense that would be a violation of a 
  2.19  law described in paragraph (a) if committed in this state; 
  2.20     (2) the person enters and remains in this state for 30 days 
  2.21  or longer the state as required in subdivision 3, paragraph (b); 
  2.22  and 
  2.23     (3) ten years have not elapsed since the person was 
  2.24  released from confinement or, if the person was not confined, 
  2.25  since the person was convicted of or adjudicated delinquent for 
  2.26  the offense that triggers registration.  
  2.27     (c) A person also shall register under this section if the 
  2.28  person was committed pursuant to a court commitment order under 
  2.29  section 253B.185 or Minnesota Statutes 1992, section 526.10, 
  2.30  regardless of whether the person was convicted of any offense. 
  2.31     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  2.32  243.166, subdivision 4, is amended to read: 
  2.33     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
  2.34  provided to the corrections agent or law enforcement authority, 
  2.35  must consist of a statement in writing signed by the person, 
  2.36  giving information required by the bureau of criminal 
  3.1   apprehension, a fingerprint card, and photograph of the person 
  3.2   taken at the time of the person's release from incarceration or, 
  3.3   if the person was not incarcerated, at the time the person 
  3.4   initially registered under this section.  Registration 
  3.5   information on adults and juveniles may be maintained together 
  3.6   notwithstanding section 260.161, subdivision 3.  
  3.7      (b) Within three days, the corrections agent or law 
  3.8   enforcement authority shall forward the statement, fingerprint 
  3.9   card, and photograph to the bureau of criminal apprehension.  
  3.10  The bureau shall ascertain whether the person has registered 
  3.11  with the law enforcement authority where the person resides.  If 
  3.12  the person has not registered with the law enforcement 
  3.13  authority, the bureau shall send one copy to that authority.  
  3.14     (c) During the period a person is required to register 
  3.15  under this section, the following shall apply: 
  3.16     (1) Each year, within 30 days of the anniversary date of 
  3.17  the person's initial registration, the bureau of criminal 
  3.18  apprehension shall mail a verification form to the last reported 
  3.19  address of the person. 
  3.20     (2) The person shall mail the signed verification form back 
  3.21  to the bureau of criminal apprehension within ten days after 
  3.22  receipt of the form, stating on the form the current and last 
  3.23  address of the person. 
  3.24     (3) If the person fails to mail the completed and signed 
  3.25  verification form to the bureau of criminal apprehension within 
  3.26  ten days after receipt of the form, the person shall be in 
  3.27  violation of this section. 
  3.28     Sec. 3.  Minnesota Statutes 1996, section 243.166, 
  3.29  subdivision 5, is amended to read: 
  3.30     Subd. 5.  [CRIMINAL PENALTY.] A person required to register 
  3.31  under this section who knowingly violates any of its provisions 
  3.32  or intentionally provides false information to a corrections 
  3.33  agent, law enforcement authority, or the bureau of criminal 
  3.34  apprehension is guilty of a gross misdemeanor.  A person 
  3.35  convicted of or adjudicated delinquent for violating this 
  3.36  section who previously has been convicted under this section is 
  4.1   guilty of a felony.  A violation of this section may be 
  4.2   prosecuted either where the person resides or where the person 
  4.3   was last assigned to a Minnesota corrections agent. 
  4.4      Sec. 4.  [EFFECTIVE DATES.] 
  4.5      Sections 1 to 3 are effective July 1, 1998, and apply to 
  4.6   persons who are released from prison on or after that date, or 
  4.7   who are under supervision as of that date, or who enter this 
  4.8   state on or after that date.