SF 864

as introduced - 88th Legislature (2013 - 2014) Posted on 03/01/2013 09:14am

A bill for an act
relating to public safety; authorizing judges under certain circumstances to
relieve certain nonviolent offenders of the duty to register as a predatory offender;
amending Minnesota Statutes 2012, section 243.166, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 243.166, is amended by adding a
subdivision to read:

new text begin Subd. 12. new text end

new text begin Exception; certain nonviolent offenders; judicial determination.
new text end

new text begin Notwithstanding any contrary provision in this section or other law, a judge, when
pronouncing sentence or upon a future petition, may order that a person is not required
to register under this section based solely on a violation of section 609.344, subdivision
1, paragraph (b), or an offense arising out of the same set of circumstances. A judge
may do this only if the judge determines, after reviewing the complaint or petition, the
person's prior criminal record, and the presentence investigation, that the offense: (1)
involved a complainant who was at least 15 years of age at the time of the offense; (2)
involved an actor who was no more than 48 months older than the complainant; and (3)
did not involve predatory or stalking conduct.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to persons
who are registered or required to register as a predatory offender on or after that date.
new text end