HF 3049

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; increasing the criminal 
  1.3             penalty for predatory offenders who fail to comply 
  1.4             with registration requirements and imposing a 
  1.5             mandatory minimum prison sentence on those offenders; 
  1.6             requiring lifetime registration for certain predatory 
  1.7             offenders; restarting the registration period of 
  1.8             predatory offenders who are subsequently incarcerated; 
  1.9             requiring that predatory offenders report the 
  1.10            addresses of second homes; requiring that a predatory 
  1.11            offender's driving record include information 
  1.12            regarding registration requirements; appropriating 
  1.13            money; amending Minnesota Statutes 1998, sections 
  1.14            171.12, by adding a subdivision; and 243.166, 
  1.15            subdivisions 5, 7, and by adding subdivisions; 
  1.16            Minnesota Statutes 1999 Supplement, section 243.166, 
  1.17            subdivisions 4 and 6. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 1998, section 171.12, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 2b.  [DRIVING RECORD TO INDICATE THAT PERSON IS A 
  1.22  REGISTERED PREDATORY OFFENDER.] When the commissioner receives 
  1.23  notice from the bureau of criminal apprehension that a person is 
  1.24  required to register as a predatory offender under section 
  1.25  243.166, the commissioner shall determine whether the person has 
  1.26  a driver's license or permit to drive and, if so, record on the 
  1.27  person's driving record the fact that the person is required to 
  1.28  register as a predatory offender, the address of the person's 
  1.29  residence according to the bureau's records, and the time period 
  1.30  during which the person is required to continue to register.  
  1.31  This information is private data on individuals under section 
  2.1   13.02, subdivision 12, but may be used for law enforcement 
  2.2   purposes.  
  2.3      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.4   243.166, subdivision 4, is amended to read: 
  2.5      Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
  2.6   provided to the corrections agent or law enforcement authority, 
  2.7   must consist of a statement in writing signed by the person, 
  2.8   giving information required by the bureau of criminal 
  2.9   apprehension, a fingerprint card, and photograph of the person 
  2.10  taken at the time of the person's release from incarceration or, 
  2.11  if the person was not incarcerated, at the time the person 
  2.12  initially registered under this section.  Registration 
  2.13  information on adults and juveniles may be maintained together 
  2.14  notwithstanding section 260B.171, subdivision 3.  
  2.15     (b) Within three days, the corrections agent or law 
  2.16  enforcement authority shall forward the statement, fingerprint 
  2.17  card, and photograph to the bureau of criminal apprehension.  
  2.18  The bureau shall ascertain whether the person has registered 
  2.19  with the law enforcement authority where the person resides.  If 
  2.20  the person has not registered with the law enforcement 
  2.21  authority, the bureau shall send one copy to that authority.  
  2.22     (c) During the period a person is required to register 
  2.23  under this section, the following shall apply: 
  2.24     (1) Each year, within 30 days of the anniversary date of 
  2.25  the person's initial registration, the bureau of criminal 
  2.26  apprehension shall mail a verification form to the last reported 
  2.27  address of the person person's residence. 
  2.28     (2) The person shall mail the signed verification form back 
  2.29  to the bureau of criminal apprehension within ten days after 
  2.30  receipt of the form, stating on the form the current and last 
  2.31  address of the person person's residence and the other addresses 
  2.32  required under subdivision 4a. 
  2.33     (3) If the person fails to mail the completed and signed 
  2.34  verification form to the bureau of criminal apprehension within 
  2.35  ten days after receipt of the form, the person shall be in 
  2.36  violation of this section. 
  3.1      Sec. 3.  Minnesota Statutes 1998, section 243.166, is 
  3.2   amended by adding a subdivision to read: 
  3.3      Subd. 4a.  [ADDRESSES REQUIRED TO BE PROVIDED.] (a) A 
  3.4   person required to register under this section shall provide to 
  3.5   the corrections agent or law enforcement authority the addresses 
  3.6   of: 
  3.7      (1) the person's primary residence; and 
  3.8      (2) all secondary residences and all property owned, 
  3.9   leased, or rented by the person and used for recreational 
  3.10  purposes. 
  3.11     (b) The person shall report to the agent or authority an 
  3.12  address required to be provided under paragraph (a), clause (2), 
  3.13  within five days of the date the clause becomes applicable.  If 
  3.14  because of a change in circumstances the clause no longer 
  3.15  applies to a previously reported address, the person shall 
  3.16  immediately inform the agent or authority that the address is no 
  3.17  longer valid. 
  3.18     Sec. 4.  Minnesota Statutes 1998, section 243.166, 
  3.19  subdivision 5, is amended to read: 
  3.20     Subd. 5.  [CRIMINAL PENALTY.] (a) A person required to 
  3.21  register under this section who knowingly violates any of its 
  3.22  provisions or intentionally provides false information to a 
  3.23  corrections agent, law enforcement authority, or the bureau of 
  3.24  criminal apprehension is guilty of a gross misdemeanor.  A 
  3.25  person convicted of or adjudicated delinquent for violating this 
  3.26  section who previously has been convicted under this section is 
  3.27  guilty of a felony and may be sentenced to imprisonment for not 
  3.28  more than five years or to payment of a fine of not more than 
  3.29  $10,000, or both.  
  3.30     (b) A person who violates paragraph (a), shall be committed 
  3.31  to the custody of the commissioner of corrections for not less 
  3.32  than two years, nor more than five years.  A person convicted 
  3.33  and sentenced as required by this paragraph is not eligible for 
  3.34  probation, parole, discharge, work release, or supervised 
  3.35  release, until that person has served the full term of 
  3.36  imprisonment as provided by law, notwithstanding the provisions 
  4.1   of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135. 
  4.2   Notwithstanding section 609.135, the court may not stay the 
  4.3   imposition or execution of this sentence. 
  4.4      Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  4.5   243.166, subdivision 6, is amended to read: 
  4.6      Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
  4.7   provisions of section 609.165, subdivision 1, and except as 
  4.8   provided in paragraphs (b), (c), and (d), a person required to 
  4.9   register under this section shall continue to comply with this 
  4.10  section until ten years have elapsed since the person initially 
  4.11  registered in connection with the offense, or until the 
  4.12  probation, supervised release, or conditional release period 
  4.13  expires, whichever occurs later.  For a person required to 
  4.14  register under this section who is committed under section 
  4.15  253B.18 or 253B.185, the ten-year registration period does not 
  4.16  include the period of commitment. 
  4.17     (b) If a person required to register under this section 
  4.18  fails to register following a change in residence, the 
  4.19  commissioner of public safety may require the person to continue 
  4.20  to register for an additional period of five years.  
  4.21     (c) If a person required to register under this section is 
  4.22  subsequently incarcerated, the person shall continue to register 
  4.23  until ten years have elapsed since the person was released from 
  4.24  incarceration or until the person's probation, supervised 
  4.25  release or conditional release period expires, whichever occurs 
  4.26  later. 
  4.27     (d) A person shall continue to comply with this section for 
  4.28  the life of that person:  
  4.29     (1) if the person is convicted of or adjudicated delinquent 
  4.30  for any offense for which registration is required under 
  4.31  subdivision 1 and the person has a prior conviction or 
  4.32  adjudication for an offense for which registration was required 
  4.33  under subdivision 1; 
  4.34     (2) if the person is required to register based upon a 
  4.35  conviction of or adjudication for delinquency for an offense 
  4.36  under section 609.185, clause (2); 609.342, subdivision 1, 
  5.1   paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
  5.2   1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 
  5.3   subdivision 1, paragraph (a), (c), or (g); or 609.345, 
  5.4   subdivision 1, paragraph (a), (c), or (g); or 
  5.5      (3) if the person is required to register under subdivision 
  5.6   1, paragraph (c), following commitment pursuant to a court 
  5.7   commitment under section 253B.185. 
  5.8      Sec. 6.  Minnesota Statutes 1998, section 243.166, 
  5.9   subdivision 7, is amended to read: 
  5.10     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
  5.11  provided in subdivision 10 and section 244.052, the information 
  5.12  provided under this section is private data on individuals under 
  5.13  section 13.01 13.02, subdivision 12.  The information may be 
  5.14  used only for law enforcement purposes.  
  5.15     Sec. 7.  Minnesota Statutes 1998, section 243.166, is 
  5.16  amended by adding a subdivision to read: 
  5.17     Subd. 10.  [NOTICE TO DEPARTMENT OF PUBLIC SAFETY.] The 
  5.18  superintendent of the bureau of criminal apprehension shall 
  5.19  notify the commissioner of public safety about individuals who 
  5.20  are required to register under this section.  The notice must 
  5.21  contain the registrant's name and current address of residence 
  5.22  and the time period that the registrant is required to comply 
  5.23  with this section. 
  5.24     Sec. 8.  [APPROPRIATIONS.] 
  5.25     Subdivision 1.  [PUBLIC SAFETY.] $....... is appropriated 
  5.26  from the general fund to the commissioner of public safety for 
  5.27  the fiscal year ending June 30, 2001, for costs associated with 
  5.28  implementing Minnesota Statutes, section 171.12, subdivision 2b. 
  5.29     Subd. 2.  [CRIMINAL APPREHENSION.] $....... is appropriated 
  5.30  from the general fund to the superintendent of the bureau of 
  5.31  criminal apprehension for the fiscal year ending June 30, 2001.  
  5.32  Of this amount: 
  5.33     (1) $....... is for the bureau's criminal assessment 
  5.34  program and is to be used to improve the sex offender registry 
  5.35  and the missing persons clearinghouse and to provide analytical 
  5.36  support services; 
  6.1      (2) $....... is for costs associated with implementing 
  6.2   Minnesota Statutes, section 243.166, subdivision 10; and 
  6.3      (3) $....... is for costs associated with requiring longer 
  6.4   registration periods for predatory offenders under Minnesota 
  6.5   Statutes, section 243.166, subdivision 6. 
  6.6      Subd. 3.  [CORRECTIONS.] $....... is appropriated from the 
  6.7   general fund to the commissioner of corrections for the fiscal 
  6.8   year ending June 30, 2001, for costs associated with complying 
  6.9   with Minnesota Statutes, section 244.052. 
  6.10     Sec. 9.  [EFFECTIVE DATES.] 
  6.11     Section 4 is effective August 1, 2000, and applies to 
  6.12  crimes committed on or after that date.  Section 5 is effective 
  6.13  July 1, 2000, and applies to persons who commit offenses 
  6.14  requiring lifetime registration on or after that date.