SF 2196

as introduced - 91st Legislature (2019 - 2020) Posted on 03/08/2019 09:03am

A bill for an act
relating to public safety; establishing a new burglary offense; modifying the
requirements for predatory offender registration; amending Minnesota Statutes
2018, sections 243.166, subdivision 1b; 609.582, subdivision 1.

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

Section 1.

Minnesota Statutes 2018, 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; deleted text begin or
deleted text end

(iv) indecent exposure under section 617.23, subdivision 3 new text begin ; or
new text end

new text begin (v) burglary in the first degree (indecent exposure while inside an occupied dwelling)
under section 609.582, subdivision 1, clause (4) new text end ;

(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.

Sec. 2.

Minnesota Statutes 2018, section 609.582, subdivision 1, is amended to read:

Subdivision 1.

Burglary in the first degree.

Whoever enters a building without consent
and with intent to commit a crime, or enters a building without consent and commits a crime
while in the building, either directly or as an accomplice, commits burglary in the first
degree and may be sentenced to imprisonment for not more than 20 years or to payment of
a fine of not more than $35,000, or both, if:

deleted text begin (a) deleted text end new text begin (1) new text end the building is a dwelling and another person, not an accomplice, is present in it
when the burglar enters or at any time while the burglar is in the building;

deleted text begin (b) deleted text end new text begin (2) new text end the burglar possesses, when entering or at any time while in the building, any of
the following: a dangerous weapon, any article used or fashioned in a manner to lead the
victim to reasonably believe it to be a dangerous weapon, or an explosive; deleted text begin or
deleted text end

deleted text begin (c) deleted text end new text begin (3) new text end the burglar assaults a person within the building or on the building's appurtenant
property new text begin ; or
new text end

new text begin (4) the building is a dwelling and, while inside the dwelling, the burglar commits an act
described in section 617.23, subdivision 1 new text end .