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Minnesota Legislature

Office of the Revisor of Statutes

HF 2906

as introduced - 90th Legislature (2017 - 2018) Posted on 05/04/2018 10:58am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; establishing that stays of adjudication in criminal sexual
conduct cases are departures from the sentencing guidelines; requiring persons
subject to stays of adjudication in criminal sexual conduct cases to register as
predatory offenders; requiring criminal history points to be assessed against
offenders who violate stays of adjudication in criminal sexual conduct cases for
the stayed offense; amending Minnesota Statutes 2016, sections 243.166,
subdivision 1b; 609.095.

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

Section 1.

Minnesota Statutes 2016, section 243.166, subdivision 1b, is amended to read:


Subd. 1b.

Registration required.

(a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3
; or 609.3453; or

(iv) indecent exposure under section 617.23, subdivision 3;

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit criminal abuse in violation of section 609.2325,
subdivision 1
, paragraph (b); false imprisonment in violation of section 609.255, subdivision
2
; solicitation, inducement, or promotion of the prostitution of a minor or engaging in the
sex trafficking of a minor in violation of section 609.322; a prostitution offense in violation
of section 609.324, subdivision 1, paragraph (a); soliciting a minor to engage in sexual
conduct in violation of section 609.352, subdivision 2 or 2a, clause (1); using a minor in a
sexual performance in violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a
; or

(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances.

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state that would
be a violation of a law described in paragraph (a) if committed in this state and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer; and

(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.

(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.

new text begin (e) A person also shall register under this section if the person received a stay of
adjudication under section 609.095, paragraph (b), for a charge of violating section 243.166,
609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453, unless the
offender is a juvenile and the court finds, on the record, that there is good cause to waive
the registration requirement.
new text end

Sec. 2.

Minnesota Statutes 2016, section 609.095, is amended to read:


609.095 LIMITS OF SENTENCES.

(a) The legislature has the exclusive authority to define crimes and offenses and the
range of the sentences or punishments for their violation. No other or different sentence or
punishment shall be imposed for the commission of a crime than is authorized by this chapter
or other applicable law.

(b) Except as provided in section 152.18 or 609.375, or upon agreement of the parties,
a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty plea in
accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been found
guilty by a court or jury following a trial.new text begin A decision by the court to issue a stay of
adjudication under this paragraph for a charge of violating section 243.166, 609.342, 609.343,
609.344, 609.345, 609.3451, subdivision 3, or 609.3453, must be justified in writing and
on the record.
new text end

(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.

new text begin (d) The rules promulgated by the Supreme Court shall provide for remote access,
searchable by defendant name, to the publicly accessible portions of the district court register
of actions, orders, notices prepared by the court, and any other documents in a case:
new text end

new text begin (1) that includes a charge for violating section 243.166, 609.342, 609.343, 609.344,
609.345, 609.3451, subdivision 3, or 609.3453; and
new text end

new text begin (2) in which a court did not adjudicate the guilt of a defendant who tendered a guilty
plea in accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been
found guilty by a court or jury following a trial.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to offenses
committed on or after that date.
new text end