SF 2396

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; making numerous changes 
  1.3             to the predatory offender registration law including 
  1.4             lengthening the registration period for certain 
  1.5             offenders, requiring additional offenders to register, 
  1.6             requiring that additional information be reported, 
  1.7             authorizing disclosure of information about offenders 
  1.8             out of compliance with the law, applying the law 
  1.9             retroactively to certain offenders, and increasing the 
  1.10            criminal penalty for predatory offenders who fail to 
  1.11            comply with the law and imposing a mandatory minimum 
  1.12            prison sentence on those offenders; requiring the 
  1.13            bureau of criminal apprehension to maintain a 
  1.14            computerized database for predatory offenders; 
  1.15            expanding and clarifying the scope of the community 
  1.16            notification law; requiring that certain information 
  1.17            regarding level III predatory offenders be posted on 
  1.18            the Internet; placing restrictions on persons with 
  1.19            pending felony charges or convictions who are seeking 
  1.20            name changes; clarifying that harassment crimes 
  1.21            prohibit harassment by electronic means; modifying the 
  1.22            expungement law; expanding the solicitation of a child 
  1.23            to engage in sexual conduct crime; authorizing the 
  1.24            prosecution of certain sex offenses in the 
  1.25            jurisdiction where they originate or terminate; 
  1.26            eliminating the statute of limitations for certain 
  1.27            offenses; requiring a report to the legislature; 
  1.28            imposing criminal penalties; appropriating money; 
  1.29            amending Minnesota Statutes 1998, sections 243.166, 
  1.30            subdivisions 3, 5, 7, and by adding subdivisions; 
  1.31            244.052, as amended; 244.10, subdivision 2a; 259.11; 
  1.32            517.08, subdivisions 1a and 1b; 518.27; 609.352, 
  1.33            subdivisions 1 and 2; 609.749, subdivision 2; 609.795, 
  1.34            subdivision 1; 609A.03; and 628.26; Minnesota Statutes 
  1.35            1999 Supplement, section 243.166, subdivisions 1, 2, 
  1.36            4, and 6; proposing coding for new law in Minnesota 
  1.37            Statutes, chapters 259; 299C; and 609. 
  1.38  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.39                             ARTICLE 1 
  1.40                PREDATORY OFFENDER REGISTRATION AND 
  1.41                 COMMUNITY NOTIFICATION PROVISIONS 
  2.1      Section 1.  Minnesota Statutes 1999 Supplement, section 
  2.2   243.166, subdivision 1, is amended to read: 
  2.3      Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  2.4   register under this section if:  
  2.5      (1) the person was charged with or petitioned for a felony 
  2.6   violation of or attempt to violate any of the following, and 
  2.7   convicted of or adjudicated delinquent for that offense or 
  2.8   another offense arising out of the same set of circumstances: 
  2.9      (i) murder under section 609.185, clause (2); or 
  2.10     (ii) kidnapping under section 609.25; or 
  2.11     (iii) criminal sexual conduct under section 609.342; 
  2.12  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
  2.13     (iv) indecent exposure under section 617.23, subdivision 3; 
  2.14  or 
  2.15     (2) the person was charged with or petitioned for falsely 
  2.16  imprisoning a minor in violation of section 609.255, subdivision 
  2.17  2; soliciting a minor to engage in prostitution in violation of 
  2.18  section 609.322 or 609.324; soliciting a minor to engage in 
  2.19  sexual conduct in violation of section 609.352; using a minor in 
  2.20  a sexual performance in violation of section 617.246; or 
  2.21  possessing pictorial representations of minors in violation of 
  2.22  section 617.247, and convicted of or adjudicated delinquent for 
  2.23  that offense or another offense arising out of the same set of 
  2.24  circumstances; or 
  2.25     (3) the person was convicted of a predatory crime as 
  2.26  defined in section 609.108, and the offender was sentenced as a 
  2.27  patterned sex offender or the court found on its own motion or 
  2.28  that of the prosecutor that the crime was part of a predatory 
  2.29  pattern of behavior that had criminal sexual conduct as its 
  2.30  goal; or 
  2.31     (4) the person was convicted of or adjudicated delinquent 
  2.32  for, including pursuant to a court martial, violating a law of 
  2.33  the United States, including the Uniform Code of Military 
  2.34  Justice, similar to the offenses described in clause (1), (2), 
  2.35  or (3). 
  2.36     (b) A person also shall register under this section if: 
  3.1      (1) the person was convicted of or adjudicated delinquent 
  3.2   in another state for an offense that would be a violation of a 
  3.3   law described in paragraph (a) if committed in this state; 
  3.4      (2) the person enters the state as required in subdivision 
  3.5   3, paragraph (b) to reside, or to work or attend school; and 
  3.6      (3) ten years have not elapsed since the person was 
  3.7   released from confinement or, if the person was not confined, 
  3.8   since the person was convicted of or adjudicated delinquent for 
  3.9   the offense that triggers registration.  
  3.10  For purposes of this paragraph: 
  3.11     (i) "school" includes any public or private educational 
  3.12  institution, including any secondary school, trade or 
  3.13  professional institution, or institution of higher education, 
  3.14  that the person is enrolled in on a full-time or part-time 
  3.15  basis; and 
  3.16     (ii) "work" includes employment that is full-time or 
  3.17  part-time for a period of time exceeding 14 days or for an 
  3.18  aggregate period of time exceeding 30 days during any calendar 
  3.19  year, whether financially compensated, volunteered, or for the 
  3.20  purpose of government or educational benefit. 
  3.21     (c) A person also shall register under this section if the 
  3.22  person was committed pursuant to a court commitment order under 
  3.23  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
  3.24  a similar law of another state or the United States, regardless 
  3.25  of whether the person was convicted of any offense. 
  3.26     (d) A person also shall register under this section if: 
  3.27     (1) the person was charged with or petitioned for a felony 
  3.28  violation or attempt to violate any of the offenses listed in 
  3.29  paragraph (a), clause (1), or a similar law of another state or 
  3.30  federal jurisdiction the United States, or the person was 
  3.31  charged with or petitioned for a violation of any of the 
  3.32  offenses listed in paragraph (a), clause (2), or a similar law 
  3.33  of another state or federal jurisdiction the United States; 
  3.34     (2) the person was found not guilty by reason of mental 
  3.35  illness or mental deficiency after a trial for that offense, or 
  3.36  found guilty but mentally ill after a trial for that offense, in 
  4.1   states with a guilty but mentally ill verdict; and 
  4.2      (3) the person was committed pursuant to a court commitment 
  4.3   order under section 253B.18 or a similar law of another state or 
  4.4   federal jurisdiction the United States. 
  4.5      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  4.6   243.166, subdivision 2, is amended to read: 
  4.7      Subd. 2.  [NOTICE.] When a person who is required to 
  4.8   register under subdivision 1, paragraph (a), is sentenced or 
  4.9   becomes subject to a juvenile court disposition order, the court 
  4.10  shall tell the person of the duty to register under this section 
  4.11  and that, if the person fails to comply with the registration 
  4.12  requirements, information about the offender may be made 
  4.13  available to the public through electronic, computerized, or 
  4.14  other accessible means.  The court may not modify the person's 
  4.15  duty to register in the pronounced sentence or disposition 
  4.16  order.  The court shall require the person to read and sign a 
  4.17  form stating that the duty of the person to register under this 
  4.18  section has been explained.  The court shall forward the signed 
  4.19  sex offender registration form, the complaint, and sentencing 
  4.20  documents to the bureau of criminal apprehension.  If a person 
  4.21  required to register under subdivision 1, paragraph (a), was not 
  4.22  notified by the court of the registration requirement at the 
  4.23  time of sentencing or disposition, the assigned corrections 
  4.24  agent shall notify the person of the requirements of this 
  4.25  section.  When a person who is required to register under 
  4.26  subdivision 1, paragraph (c) or (d), is released from 
  4.27  commitment, the treatment facility shall notify the person of 
  4.28  the requirements of this section.  The treatment facility shall 
  4.29  also obtain the registration information required under this 
  4.30  section and forward it to the bureau of criminal apprehension. 
  4.31     Sec. 3.  Minnesota Statutes 1998, section 243.166, 
  4.32  subdivision 3, is amended to read: 
  4.33     Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
  4.34  to register under this section shall register with the 
  4.35  corrections agent as soon as the agent is assigned to the 
  4.36  person.  If the person does not have an assigned corrections 
  5.1   agent or is unable to locate the assigned corrections agent, the 
  5.2   person shall register with the law enforcement agency that has 
  5.3   jurisdiction in the area of the person's residence. 
  5.4      (b) At least five days before the person starts living at a 
  5.5   new address, including living in another state, the person shall 
  5.6   give written notice of the new living address to the assigned 
  5.7   corrections agent or to the law enforcement authority with which 
  5.8   the person currently is registered.  If the person will be 
  5.9   living in a new state and that state has a registration 
  5.10  requirement, the person shall also give written notice of the 
  5.11  new address to the designated registration agency in the new 
  5.12  state.  The corrections agent or law enforcement authority 
  5.13  shall, within two business days after receipt of this 
  5.14  information, forward it to the bureau of criminal apprehension.  
  5.15  The bureau of criminal apprehension shall, if it has not already 
  5.16  been done, notify the law enforcement authority having primary 
  5.17  jurisdiction in the community where the person will live of the 
  5.18  new address.  If the person is leaving the state, the bureau of 
  5.19  criminal apprehension shall notify the registration authority in 
  5.20  the new state of the new address. 
  5.21     (c) A person required to register under subdivision 1, 
  5.22  paragraph (b), because the person is working or attending school 
  5.23  in Minnesota shall register with the law enforcement agency that 
  5.24  has jurisdiction in the area where the person works or attends 
  5.25  school.  In addition to other information required by this 
  5.26  section, the person shall provide the address of the school or 
  5.27  of the location where the person is employed.  A person must 
  5.28  comply with this paragraph within five days of beginning 
  5.29  employment or school. 
  5.30     (d) A person required to register under this section who 
  5.31  works or attends school outside of Minnesota shall register as a 
  5.32  predatory offender in the state where the person works or 
  5.33  attends school.  The person's corrections agent, or if the 
  5.34  person does not have an assigned corrections agent, the law 
  5.35  enforcement authority that has jurisdiction in the area of the 
  5.36  person's residence shall notify the person of this requirement. 
  6.1      Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  6.2   243.166, subdivision 4, is amended to read: 
  6.3      Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
  6.4   provided to the corrections agent or law enforcement authority, 
  6.5   must consist of a statement in writing signed by the person, 
  6.6   giving information required by the bureau of criminal 
  6.7   apprehension, a fingerprint card, and photograph of the person 
  6.8   taken at the time of the person's release from incarceration or, 
  6.9   if the person was not incarcerated, at the time the person 
  6.10  initially registered under this section.  Registration 
  6.11  information on adults and juveniles may be maintained together 
  6.12  notwithstanding section 260B.171, subdivision 3.  
  6.13     (b) For persons required to register under subdivision 1, 
  6.14  paragraph (c), following commitment pursuant to a court 
  6.15  commitment under section 253B.185 or a similar law of another 
  6.16  state or the United States, in addition to other information 
  6.17  required by this section, the registration provided to the 
  6.18  corrections agent or law enforcement authority must include the 
  6.19  person's offense history and documentation of treatment received 
  6.20  during the person's commitment.  
  6.21     (c) Within three days of receipt, the corrections agent or 
  6.22  law enforcement authority shall forward the statement, 
  6.23  fingerprint card, and photograph registration information to the 
  6.24  bureau of criminal apprehension.  The bureau shall ascertain 
  6.25  whether the person has registered with the law enforcement 
  6.26  authority where the person resides.  If the person has not 
  6.27  registered with the law enforcement authority, the bureau shall 
  6.28  send one copy to that authority.  
  6.29     (d) The corrections agent or law enforcement authority may 
  6.30  require that a person required to register under this section 
  6.31  appear before the agent or authority to be photographed.  The 
  6.32  agent or authority shall forward the photograph to the bureau of 
  6.33  criminal apprehension. 
  6.34     (c) (e) During the period a person is required to register 
  6.35  under this section, the following shall apply: 
  6.36     (1) Each year, within 30 days of the anniversary date of 
  7.1   the person's initial registration, The bureau of criminal 
  7.2   apprehension shall mail a verification form to the last reported 
  7.3   address of the person person's residence.  This verification 
  7.4   form shall provide notice to the offender that, if the offender 
  7.5   does not return the verification form as required, information 
  7.6   about the offender may be made available to the public through 
  7.7   electronic, computerized, or other accessible means. 
  7.8      (2) The person shall mail the signed verification form back 
  7.9   to the bureau of criminal apprehension within ten days after 
  7.10  receipt of the form, stating on the form the current and last 
  7.11  address of the person person's residence and the other 
  7.12  information required under subdivision 4a. 
  7.13     (3) If the person fails to mail the completed and signed 
  7.14  verification form to the bureau of criminal apprehension within 
  7.15  ten days after receipt of the form, the person shall be in 
  7.16  violation of this section. 
  7.17  For persons required to register under subdivision 1, paragraph 
  7.18  (c), following commitment pursuant to a court commitment under 
  7.19  section 253B.185 or a similar law of another state or the United 
  7.20  States, the bureau shall comply with clause (1) at least four 
  7.21  times each year.  For all other persons required to register 
  7.22  under this section, the bureau shall comply with clause (1) each 
  7.23  year within 30 days of the anniversary date of the person's 
  7.24  initial registration. 
  7.25     Sec. 5.  Minnesota Statutes 1998, section 243.166, is 
  7.26  amended by adding a subdivision to read: 
  7.27     Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) A 
  7.28  person required to register under this section shall provide to 
  7.29  the corrections agent or law enforcement authority the following 
  7.30  information: 
  7.31     (1) the address of the person's primary residence; 
  7.32     (2) the addresses of all the person's secondary residences 
  7.33  and all property owned, leased, or rented by the person and used 
  7.34  for residential or recreational purposes; 
  7.35     (3) the address of the location where the person is 
  7.36  employed; and 
  8.1      (4) the year, model, make, license plate number, and color 
  8.2   of all motor vehicles owned or regularly driven by the person. 
  8.3      (b) The person shall report to the agent or authority the 
  8.4   information required to be provided under paragraph (a), clause 
  8.5   (2), (3), or (4), within five days of the date the clause 
  8.6   becomes applicable.  If because of a change in circumstances a 
  8.7   clause no longer applies to previously reported information, the 
  8.8   person shall immediately inform the agent or authority that the 
  8.9   information is no longer valid. 
  8.10     Sec. 6.  Minnesota Statutes 1998, section 243.166, 
  8.11  subdivision 5, is amended to read: 
  8.12     Subd. 5.  [CRIMINAL PENALTY.] (a) A person required to 
  8.13  register under this section who knowingly violates any of its 
  8.14  provisions or intentionally provides false information to a 
  8.15  corrections agent, law enforcement authority, or the bureau of 
  8.16  criminal apprehension is guilty of a gross misdemeanor.  A 
  8.17  person convicted of or adjudicated delinquent for violating this 
  8.18  section who previously has been convicted under this section is 
  8.19  guilty of a felony and may be sentenced to imprisonment for not 
  8.20  more than five years or to payment of a fine of not more than 
  8.21  $10,000, or both. 
  8.22     (b) Except as provided in paragraph (c), a person convicted 
  8.23  of violating paragraph (a) shall be committed to the custody of 
  8.24  the commissioner of corrections for not less than a year and a 
  8.25  day, nor more than five years.  Prior to the time of sentencing, 
  8.26  the prosecutor may file a motion to have the person sentenced 
  8.27  without regard to the mandatory minimum sentence established by 
  8.28  this paragraph.  The motion shall be accompanied by a statement 
  8.29  on the record of the reasons for it.  When presented with the 
  8.30  motion, or on its own motion, the court may sentence the person 
  8.31  without regard to the mandatory minimum sentence if the court 
  8.32  finds substantial and compelling reasons to do so.  Sentencing a 
  8.33  person in this manner is a departure from the sentencing 
  8.34  guidelines. 
  8.35     (c) A person convicted of violating paragraph (a), who has 
  8.36  previously been convicted of or adjudicated delinquent for 
  9.1   violating this section, shall be committed to the custody of the 
  9.2   commissioner of corrections for not less than two years, nor 
  9.3   more than five years.  The court may not, on its own motion or 
  9.4   the prosecutor's motion, sentence a person without regard to the 
  9.5   mandatory minimum sentence established by this paragraph. 
  9.6      (d) A person convicted and sentenced as required by this 
  9.7   subdivision is not eligible for probation, parole, discharge, 
  9.8   work release, or supervised release, until that person has 
  9.9   served the full term of imprisonment as provided by law, 
  9.10  notwithstanding the provisions of sections 241.26, 242.19, 
  9.11  243.05, 244.04, 609.12, and 609.135. 
  9.12     Sec. 7.  Minnesota Statutes 1999 Supplement, section 
  9.13  243.166, subdivision 6, is amended to read: 
  9.14     Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
  9.15  provisions of section 609.165, subdivision 1, and except as 
  9.16  provided in paragraphs (b), (c), and (d), a person required to 
  9.17  register under this section shall continue to comply with this 
  9.18  section until ten years have elapsed since the person initially 
  9.19  registered in connection with the offense, or until the 
  9.20  probation, supervised release, or conditional release period 
  9.21  expires, whichever occurs later.  For a person required to 
  9.22  register under this section who is committed under section 
  9.23  253B.18 or 253B.185, the ten-year registration period does not 
  9.24  include the period of commitment. 
  9.25     (b) If a person required to register under this section 
  9.26  fails to register following a change in residence, the 
  9.27  commissioner of public safety may require the person to continue 
  9.28  to register for an additional period of five years.  
  9.29     (c) If a person required to register under this section is 
  9.30  subsequently incarcerated, the person shall continue to register 
  9.31  until ten years have elapsed since the person was released from 
  9.32  incarceration or until the person's probation, supervised 
  9.33  release, or conditional release period expires, whichever occurs 
  9.34  later. 
  9.35     (d) A person shall continue to comply with this section for 
  9.36  the life of that person:  
 10.1      (1) if the person is convicted of or adjudicated delinquent 
 10.2   for any offense for which registration is required under 
 10.3   subdivision 1, or any offense from another state or any federal 
 10.4   offense similar to the offenses described in subdivision 1, and 
 10.5   the person has a prior conviction or adjudication for an offense 
 10.6   for which registration was required under subdivision 1, or an 
 10.7   offense from another state or a federal offense similar to an 
 10.8   offense described in subdivision 1; 
 10.9      (2) if the person is required to register based upon a 
 10.10  conviction of or adjudication for delinquency for an offense 
 10.11  under section 609.185, clause (2); 609.342, subdivision 1, 
 10.12  paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
 10.13  1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 
 10.14  subdivision 1, paragraph (a), (c), or (g); or 609.345, 
 10.15  subdivision 1, paragraph (a), (c), or (g); or a statute from 
 10.16  another state or the United States similar to the offenses 
 10.17  described in this clause; or 
 10.18     (3) if the person is required to register under subdivision 
 10.19  1, paragraph (c), following commitment pursuant to a court 
 10.20  commitment under section 253B.185 or a similar law of another 
 10.21  state or the United States. 
 10.22     Sec. 8.  Minnesota Statutes 1998, section 243.166, 
 10.23  subdivision 7, is amended to read: 
 10.24     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
 10.25  provided in section subdivision 7a or sections 244.052 and 
 10.26  299C.093, the information provided under this section is private 
 10.27  data on individuals under section 13.01 13.02, subdivision 12.  
 10.28  The information may be used only for law enforcement purposes.  
 10.29     Sec. 9.  Minnesota Statutes 1998, section 243.166, is 
 10.30  amended by adding a subdivision to read: 
 10.31     Subd. 7a.  [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 
 10.32  ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of 
 10.33  criminal apprehension may make information available to the 
 10.34  public about offenders who are 16 years of age or older and who 
 10.35  are out of compliance with this section for 30 days or longer 
 10.36  for failure to provide the address of the offenders' primary or 
 11.1   secondary residences.  This information may be made available to 
 11.2   the public through electronic, computerized, or other accessible 
 11.3   means.  The amount and type of information made available shall 
 11.4   be limited to the information necessary for the public to assist 
 11.5   law enforcement in locating the offender. 
 11.6      (b) An offender who comes into compliance with this section 
 11.7   after the bureau of criminal apprehension discloses information 
 11.8   about the offender to the public may send a written request to 
 11.9   the bureau requesting the bureau to treat information about the 
 11.10  offender as private data, consistent with subdivision 7.  The 
 11.11  bureau shall review the request and promptly take reasonable 
 11.12  action to treat the data as private, if the offender has 
 11.13  complied with the requirement that the offender provide the 
 11.14  addresses of the offender's primary and secondary residences, or 
 11.15  promptly notify the offender that the information will continue 
 11.16  to be treated as public information and the reasons for the 
 11.17  bureau's decision. 
 11.18     (c) If an offender believes the information made public 
 11.19  about the offender is inaccurate or incomplete, the offender may 
 11.20  challenge the data under section 13.04, subdivision 4. 
 11.21     Sec. 10.  Minnesota Statutes 1998, section 243.166, is 
 11.22  amended by adding a subdivision to read: 
 11.23     Subd. 10.  [RETROACTIVE APPLICATION FOR CERTAIN 
 11.24  OFFENDERS.] (a) All provisions of this section shall be 
 11.25  construed to operate retroactively back to the date of a 
 11.26  predatory offender's conviction for an offense described in 
 11.27  subdivision 1 that requires registration if the offender is 
 11.28  incarcerated or on any form of supervision for that offense, as 
 11.29  of the effective date of this subdivision, regardless of the 
 11.30  date of the predatory offender's conviction. 
 11.31     (b) Paragraph (a) does not change the obligation of any 
 11.32  offender to register who was required to register prior to the 
 11.33  effective date of subdivision 1. 
 11.34     Sec. 11.  Minnesota Statutes 1998, section 244.052, as 
 11.35  amended by Laws 1999, chapters 86, article 1, section 82; 216, 
 11.36  article 6, sections 2, 3, 4, and 5; and 233, sections 4 and 5, 
 12.1   is amended to read: 
 12.2      244.052 [SEX PREDATORY OFFENDERS; NOTICE.] 
 12.3      Subdivision 1.  [DEFINITIONS.] As used in this section: 
 12.4      (1) "confinement" means confinement in a state correctional 
 12.5   facility or a state treatment facility; 
 12.6      (2) "law enforcement agency" means the law enforcement 
 12.7   agency having primary jurisdiction over the location where the 
 12.8   offender expects to reside upon release; 
 12.9      (3) "residential facility" means a facility that is 
 12.10  licensed as a residential program, as defined in section 
 12.11  245A.02, subdivision 14, by the commissioner of human services 
 12.12  under chapter 245A, or the commissioner of corrections under 
 12.13  section 241.021, whose staff are trained in the supervision of 
 12.14  sex offenders; and 
 12.15     (4) "sex predatory offender" and "offender" mean a person 
 12.16  who has been: 
 12.17     (i) convicted of an offense for which registration under 
 12.18  section 243.166 is required; 
 12.19     (ii) committed pursuant to a court commitment order under 
 12.20  section 253B.185 or Minnesota Statutes 1992, section 526.10, 
 12.21  regardless of whether the person was convicted of any offense; 
 12.22  or 
 12.23     (iii) committed pursuant to a court commitment order under 
 12.24  section 253B.18, under the circumstances described in section 
 12.25  243.166, subdivision 1, paragraph (d) is required to register as 
 12.26  a predatory offender under section 243.166.  However, the terms 
 12.27  do not include persons required to register based solely on a 
 12.28  delinquency adjudication. 
 12.29     Subd. 2.  [RISK ASSESSMENT SCALE.] By January 1, 1997, the 
 12.30  commissioner of corrections shall develop a risk assessment 
 12.31  scale which assigns weights to the various risk factors listed 
 12.32  in subdivision 3, paragraph (g), and specifies the risk level to 
 12.33  which offenders with various risk assessment scores shall be 
 12.34  assigned.  In developing this scale, the commissioner shall 
 12.35  consult with county attorneys, treatment professionals, law 
 12.36  enforcement officials, and probation officers. 
 13.1      Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 13.2   commissioner of corrections shall establish and administer 
 13.3   end-of-confinement review committees at each state correctional 
 13.4   facility and at each state treatment facility where sex 
 13.5   predatory offenders are confined.  The committees shall assess 
 13.6   on a case-by-case basis the public risk posed by sex predatory 
 13.7   offenders who are about to be released from confinement. 
 13.8      (b) Each committee shall be a standing committee and shall 
 13.9   consist of the following members appointed by the commissioner: 
 13.10     (1) the chief executive officer or head of the correctional 
 13.11  or treatment facility where the offender is currently confined, 
 13.12  or that person's designee; 
 13.13     (2) a law enforcement officer; 
 13.14     (3) a treatment professional who is trained in the 
 13.15  assessment of sex offenders; 
 13.16     (4) a caseworker experienced in supervising sex offenders; 
 13.17  and 
 13.18     (5) a victim's services professional. 
 13.19     Members of the committee, other than the facility's chief 
 13.20  executive officer or head, shall be appointed by the 
 13.21  commissioner to two-year terms.  The chief executive officer or 
 13.22  head of the facility or designee shall act as chair of the 
 13.23  committee and shall use the facility's staff, as needed, to 
 13.24  administer the committee, obtain necessary information from 
 13.25  outside sources, and prepare risk assessment reports on 
 13.26  offenders. 
 13.27     (c) The committee shall have access to the following data 
 13.28  on a sex predatory offender only for the purposes of its 
 13.29  assessment and to defend the committee's risk assessment 
 13.30  determination upon administrative review under this section: 
 13.31     (1) private medical data under section 13.42 or 144.335, or 
 13.32  welfare data under section 13.46 that relate to medical 
 13.33  treatment of the offender; 
 13.34     (2) private and confidential court services data under 
 13.35  section 13.84; 
 13.36     (3) private and confidential corrections data under section 
 14.1   13.85; and 
 14.2      (4) private criminal history data under section 13.87. 
 14.3      Data collected and maintained by the committee under this 
 14.4   paragraph may not be disclosed outside the committee, except as 
 14.5   provided under section 13.05, subdivision 3 or 4.  The sex 
 14.6   predatory offender has access to data on the offender collected 
 14.7   and maintained by the committee, unless the data are 
 14.8   confidential data received under this paragraph. 
 14.9      (d)(i) Except as otherwise provided in item (ii), at least 
 14.10  90 days before a sex predatory offender is to be released from 
 14.11  confinement, the commissioner of corrections shall convene the 
 14.12  appropriate end-of-confinement review committee for the purpose 
 14.13  of assessing the risk presented by the offender and determining 
 14.14  the risk level to which the offender shall be assigned under 
 14.15  paragraph (e).  The offender and the law enforcement agency that 
 14.16  was responsible for the charge resulting in confinement shall be 
 14.17  notified of the time and place of the committee's meeting.  The 
 14.18  offender has a right to be present and be heard at the meeting.  
 14.19  The law enforcement agency may provide material in writing that 
 14.20  is relevant to the offender's risk level to the chair of the 
 14.21  committee.  The committee shall use the risk factors described 
 14.22  in paragraph (g) and the risk assessment scale developed under 
 14.23  subdivision 2 to determine the offender's risk assessment score 
 14.24  and risk level.  Offenders scheduled for release from 
 14.25  confinement shall be assessed by the committee established at 
 14.26  the facility from which the offender is to be released.  
 14.27     (ii) If an offender is received for confinement in a 
 14.28  facility with less than 90 days remaining in the offender's term 
 14.29  of confinement, the offender's risk shall be assessed at the 
 14.30  first regularly scheduled end of confinement review committee 
 14.31  that convenes after the appropriate documentation for the risk 
 14.32  assessment is assembled by the committee.  The commissioner 
 14.33  shall make reasonable efforts to ensure that offender's risk is 
 14.34  assessed and a risk level is assigned or reassigned at least 30 
 14.35  days before the offender's release date. 
 14.36     (e) The committee shall assign to risk level I a sex 
 15.1   predatory offender whose risk assessment score indicates a low 
 15.2   risk of reoffense.  The committee shall assign to risk level II 
 15.3   an offender whose risk assessment score indicates a moderate 
 15.4   risk of reoffense.  The committee shall assign to risk level III 
 15.5   an offender whose risk assessment score indicates a high risk of 
 15.6   reoffense. 
 15.7      (f) Before the sex predatory offender is released from 
 15.8   confinement, the committee shall prepare a risk assessment 
 15.9   report which specifies the risk level to which the offender has 
 15.10  been assigned and the reasons underlying the committee's risk 
 15.11  assessment decision.  The committee shall give the report to the 
 15.12  offender and to the law enforcement agency at least 60 days 
 15.13  before an offender is released from confinement.  If the risk 
 15.14  assessment is performed under the circumstances described in 
 15.15  paragraph (d), item (ii), the report shall be given to the 
 15.16  offender and the law enforcement agency as soon as it is 
 15.17  available.  The committee also shall inform the offender of the 
 15.18  availability of review under subdivision 6. 
 15.19     (g) As used in this subdivision, "risk factors" includes, 
 15.20  but is not limited to, the following factors: 
 15.21     (1) the seriousness of the offense should the offender 
 15.22  reoffend.  This factor includes consideration of the following:  
 15.23     (i) the degree of likely force or harm; 
 15.24     (ii) the degree of likely physical contact; and 
 15.25     (iii) the age of the likely victim; 
 15.26     (2) the offender's prior offense history.  This factor 
 15.27  includes consideration of the following: 
 15.28     (i) the relationship of prior victims to the offender; 
 15.29     (ii) the number of prior offenses or victims; 
 15.30     (iii) the duration of the offender's prior offense history; 
 15.31     (iv) the length of time since the offender's last prior 
 15.32  offense while the offender was at risk to commit offenses; and 
 15.33     (v) the offender's prior history of other antisocial acts; 
 15.34     (3) the offender's characteristics.  This factor includes 
 15.35  consideration of the following:  
 15.36     (i) the offender's response to prior treatment efforts; and 
 16.1      (ii) the offender's history of substance abuse; 
 16.2      (4) the availability of community supports to the offender. 
 16.3   This factor includes consideration of the following: 
 16.4      (i) the availability and likelihood that the offender will 
 16.5   be involved in therapeutic treatment; 
 16.6      (ii) the availability of residential supports to the 
 16.7   offender, such as a stable and supervised living arrangement in 
 16.8   an appropriate location; 
 16.9      (iii) the offender's familial and social relationships, 
 16.10  including the nature and length of these relationships and the 
 16.11  level of support that the offender may receive from these 
 16.12  persons; and 
 16.13     (iv) the offender's lack of education or employment 
 16.14  stability; 
 16.15     (5) whether the offender has indicated or credible evidence 
 16.16  in the record indicates that the offender will reoffend if 
 16.17  released into the community; and 
 16.18     (6) whether the offender demonstrates a physical condition 
 16.19  that minimizes the risk of reoffense, including but not limited 
 16.20  to, advanced age or a debilitating illness or physical condition.
 16.21     (h) Upon the request of the law enforcement agency or the 
 16.22  offender's corrections agent, the commissioner may reconvene the 
 16.23  end-of-confinement review committee for the purpose of 
 16.24  reassessing the risk level to which an offender has been 
 16.25  assigned under paragraph (e).  In a request for a reassessment, 
 16.26  the law enforcement agency which was responsible for the charge 
 16.27  resulting in confinement or agent shall list the facts and 
 16.28  circumstances arising after the initial assignment or facts and 
 16.29  circumstances known to law enforcement or the agent but not 
 16.30  considered by the committee under paragraph (e) which support 
 16.31  the request for a reassessment.  The request for reassessment 
 16.32  must occur within 30 days of receipt of the report indicating 
 16.33  the offender's risk level assignment.  Upon review of the 
 16.34  request, the end-of-confinement review committee may reassign an 
 16.35  offender to a different risk level.  If the offender is 
 16.36  reassigned to a higher risk level, the offender has the right to 
 17.1   seek review of the committee's determination under subdivision 6.
 17.2      (i) An offender may request the end-of-confinement review 
 17.3   committee to reassess the offender's assigned risk level after 
 17.4   two three years have elapsed since the committee's initial risk 
 17.5   assessment and may renew the request once every two years 
 17.6   following subsequent denials.  In a request for reassessment, 
 17.7   the offender shall list the facts and circumstances which 
 17.8   demonstrate that the offender no longer poses the same degree of 
 17.9   risk to the community.  The committee shall follow the process 
 17.10  outlined in paragraphs (a) to (e), and (g) in the reassessment.  
 17.11  An offender who is incarcerated may not request a reassessment 
 17.12  under this paragraph. 
 17.13     (j) The commissioner shall establish an end-of-confinement 
 17.14  review committee to assign a risk level to offenders who are 
 17.15  released from a federal correctional facility in Minnesota or 
 17.16  another state and who intend to reside in Minnesota, and to 
 17.17  offenders accepted from another state under a reciprocal 
 17.18  agreement for parole supervision under the interstate compact 
 17.19  authorized by section 243.16.  The committee shall make 
 17.20  reasonable efforts to conform to the same timelines as applied 
 17.21  to Minnesota cases.  Offenders accepted from another state under 
 17.22  a reciprocal agreement for probation supervision are not 
 17.23  assigned a risk level, but are considered downward dispositional 
 17.24  departures.  The probation or court services officer and law 
 17.25  enforcement officer shall manage such cases in accordance with 
 17.26  section 244.10, subdivision 2a.  The policies and procedures of 
 17.27  the committee for federal offenders and interstate compact cases 
 17.28  must be in accordance with all requirements as set forth in this 
 17.29  section, unless restrictions caused by the nature of federal or 
 17.30  interstate transfers prevents such conformance. 
 17.31     (k) If the committee assigns a sex predatory offender to 
 17.32  risk level III, the committee shall determine whether residency 
 17.33  restrictions shall be included in the conditions of the 
 17.34  offender's release based on the offender's pattern of offending 
 17.35  behavior. 
 17.36     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 18.1   INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
 18.2   area where the sex predatory offender resides, expects to 
 18.3   reside, is employed, or is regularly found, shall disclose to 
 18.4   the public any information regarding the offender contained in 
 18.5   the report forwarded to the agency under subdivision 3, 
 18.6   paragraph (f), that is relevant and necessary to protect the 
 18.7   public and to counteract the offender's dangerousness, 
 18.8   consistent with the guidelines in paragraph (b).  The extent of 
 18.9   the information disclosed and the community to whom disclosure 
 18.10  is made must relate to the level of danger posed by the 
 18.11  offender, to the offender's pattern of offending behavior, and 
 18.12  to the need of community members for information to enhance 
 18.13  their individual and collective safety. 
 18.14     (b) The law enforcement agency shall employ the following 
 18.15  guidelines in determining the scope of disclosure made under 
 18.16  this subdivision: 
 18.17     (1) if the offender is assigned to risk level I, the agency 
 18.18  may maintain information regarding the offender within the 
 18.19  agency and may disclose it to other law enforcement agencies.  
 18.20  Additionally, the agency may disclose the information to any 
 18.21  victims of or witnesses to the offense committed by the 
 18.22  offender. The agency shall disclose the information to victims 
 18.23  of the offense committed by the offender who have requested 
 18.24  disclosure; 
 18.25     (2) if the offender is assigned to risk level II, the 
 18.26  agency also may disclose the information to agencies and groups 
 18.27  that the offender is likely to encounter for the purpose of 
 18.28  securing those institutions and protecting individuals in their 
 18.29  care while they are on or near the premises of the institution.  
 18.30  These agencies and groups include the staff members of public 
 18.31  and private educational institutions, day care establishments, 
 18.32  and establishments and organizations that primarily serve 
 18.33  individuals likely to be victimized by the offender.  The agency 
 18.34  also may disclose the information to individuals the agency 
 18.35  believes are likely to be victimized by the offender.  The 
 18.36  agency's belief shall be based on the offender's pattern of 
 19.1   offending or victim preference as documented in the information 
 19.2   provided by the department of corrections or human services; 
 19.3      (3) if the offender is assigned to risk level III, the 
 19.4   agency shall disclose the information to the persons and 
 19.5   entities described in clauses (1) and (2) and to other members 
 19.6   of the community whom the offender is likely to encounter, 
 19.7   unless the law enforcement agency determines that public safety 
 19.8   would be compromised by the disclosure or that a more limited 
 19.9   disclosure is necessary to protect the identity of the victim. 
 19.10     Notwithstanding the assignment of a sex predatory offender 
 19.11  to risk level II or III, a law enforcement agency may not make 
 19.12  the disclosures permitted or required by clause (2) or (3), if:  
 19.13  the offender is placed or resides in a residential facility.  
 19.14  However, if an offender is placed or resides in a residential 
 19.15  facility, the offender and the head of the facility shall 
 19.16  designate the offender's likely residence upon release from the 
 19.17  facility and the head of the facility shall notify the 
 19.18  commissioner of corrections or the commissioner of human 
 19.19  services of the offender's likely residence at least 14 days 
 19.20  before the offender's scheduled release date.  The commissioner 
 19.21  shall give this information to the law enforcement agency having 
 19.22  jurisdiction over the offender's likely residence.  The head of 
 19.23  the residential facility also shall notify the commissioner of 
 19.24  corrections or human services within 48 hours after finalizing 
 19.25  the offender's approved relocation plan to a permanent 
 19.26  residence.  Within five days after receiving this notification, 
 19.27  the appropriate commissioner shall give to the appropriate law 
 19.28  enforcement agency all relevant information the commissioner has 
 19.29  concerning the offender, including information on the risk 
 19.30  factors in the offender's history and the risk level to which 
 19.31  the offender was assigned.  After receiving this information, 
 19.32  the law enforcement agency shall make the disclosures permitted 
 19.33  or required by clause (2) or (3), as appropriate. 
 19.34     (c) As used in paragraph (b), clauses (2) and (3), "likely 
 19.35  to encounter" means that:  
 19.36     (1) the organizations or community members are in a 
 20.1   location or in close proximity to a location where the offender 
 20.2   lives or is employed, or which the offender visits or is likely 
 20.3   to visit on a regular basis, other than the location of the 
 20.4   offender's outpatient treatment program; and 
 20.5      (2) the types of interaction which ordinarily occur at that 
 20.6   location and other circumstances indicate that contact with the 
 20.7   offender is reasonably certain. 
 20.8      (d) A law enforcement agency or official who discloses 
 20.9   information under this subdivision shall make a good faith 
 20.10  effort to make the notification within 14 days of receipt of a 
 20.11  confirmed address from the department of corrections indicating 
 20.12  that the offender will be, or has been, released from 
 20.13  confinement, or accepted for supervision, or has moved to a new 
 20.14  address and will reside at the address indicated.  If a change 
 20.15  occurs in the release plan, this notification provision does not 
 20.16  require an extension of the release date.  
 20.17     (e) A law enforcement agency or official who discloses 
 20.18  information under this subdivision shall not disclose the 
 20.19  identity or any identifying characteristics of the victims of or 
 20.20  witnesses to the offender's offenses. 
 20.21     (f) A law enforcement agency shall continue to disclose 
 20.22  information on an offender as required by this subdivision for 
 20.23  as long as the offender is required to register under section 
 20.24  243.166. 
 20.25     (g) A law enforcement agency that is disclosing information 
 20.26  on an offender assigned to risk level III to the public under 
 20.27  this subdivision shall inform the commissioner of corrections 
 20.28  what information is being disclosed and forward this information 
 20.29  to the commissioner within two days of the agency's 
 20.30  determination.  The commissioner shall post this information on 
 20.31  the Internet as required in subdivision 4b. 
 20.32     Subd. 4a.  [LEVEL III OFFENDERS; LOCATION OF RESIDENCE.] 
 20.33  When an offender assigned to risk level III is released from 
 20.34  confinement or a residential facility to reside in the community 
 20.35  or changes residence while on supervised or conditional release, 
 20.36  the agency responsible for the offender's supervision shall take 
 21.1   into consideration the proximity of the offender's residence to 
 21.2   that of other level III offenders and, to the greatest extent 
 21.3   feasible, shall mitigate the concentration of level III 
 21.4   offenders. 
 21.5      Subd. 4b.  [LEVEL III OFFENDERS; MANDATORY POSTING OF 
 21.6   INFORMATION ON INTERNET.] The commissioner of corrections shall 
 21.7   create and maintain an Internet Web site and post on the site 
 21.8   the information about offenders assigned to risk level III 
 21.9   forwarded by law enforcement agencies under subdivision 4, 
 21.10  paragraph (g).  This information must be updated in a timely 
 21.11  manner to account for changes in the offender's address and 
 21.12  maintained for the period of time that the offender remains 
 21.13  subject to community notification as a level III offender. 
 21.14     Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
 21.15  ENFORCEMENT.] At least 60 days before a sex predatory offender 
 21.16  is released from confinement, the department of corrections or 
 21.17  the department of human services, in the case of a person who 
 21.18  was committed under section 253B.185 or Minnesota Statutes 1992, 
 21.19  section 526.10, shall give to the law enforcement agency that 
 21.20  investigated the offender's crime of conviction or, where 
 21.21  relevant, the law enforcement agency having primary jurisdiction 
 21.22  where the offender was committed, all relevant information that 
 21.23  the departments have concerning the offender, including 
 21.24  information on risk factors in the offender's history.  Within 
 21.25  five days after receiving the offender's approved release plan 
 21.26  from the hearings and release unit, the appropriate department 
 21.27  shall give to the law enforcement agency having primary 
 21.28  jurisdiction where the offender plans to reside all relevant 
 21.29  information the department has concerning the offender, 
 21.30  including information on risk factors in the offender's history 
 21.31  and the risk level to which the offender was assigned.  If the 
 21.32  offender's risk level was assigned under the circumstances 
 21.33  described in subdivision 3, paragraph (d), item (ii), the 
 21.34  appropriate department shall give the law enforcement agency all 
 21.35  relevant information that the department has concerning the 
 21.36  offender, including information on the risk factors in the 
 22.1   offender's history and the offender's risk level within five 
 22.2   days of the risk level assignment or reassignment. 
 22.3      Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
 22.4   or reassigned to risk level II or III under subdivision 3, 
 22.5   paragraph (e) or (h), has the right to seek administrative 
 22.6   review of an end-of-confinement review committee's risk 
 22.7   assessment determination.  The offender must exercise this right 
 22.8   within 14 days of receiving notice of the committee's decision 
 22.9   by notifying the chair of the committee.  Upon receiving the 
 22.10  request for administrative review, the chair shall notify:  (1) 
 22.11  the offender; (2) the victim or victims of the offender's 
 22.12  offense who have requested disclosure or their designee; (3) the 
 22.13  law enforcement agency that investigated the offender's crime of 
 22.14  conviction or, where relevant, the law enforcement agency having 
 22.15  primary jurisdiction where the offender was committed; (4) the 
 22.16  law enforcement agency having jurisdiction where the offender 
 22.17  expects to reside, providing that the release plan has been 
 22.18  approved by the hearings and release unit of the department of 
 22.19  corrections; and (5) any other individuals the chair may 
 22.20  select.  The notice shall state the time and place of the 
 22.21  hearing.  A request for a review hearing shall not interfere 
 22.22  with or delay the notification process under subdivision 4 or 5, 
 22.23  unless the administrative law judge orders otherwise for good 
 22.24  cause shown. 
 22.25     (b) An offender who requests a review hearing must be given 
 22.26  a reasonable opportunity to prepare for the hearing.  The review 
 22.27  hearing shall be conducted on the record before an 
 22.28  administrative law judge.  The review hearing shall be conducted 
 22.29  at the correctional facility in which the offender is currently 
 22.30  confined.  If the offender no longer is incarcerated, the 
 22.31  administrative law judge shall determine the place where the 
 22.32  review hearing will be conducted.  The offender has the burden 
 22.33  of proof to show, by a preponderance of the evidence, that the 
 22.34  end-of-confinement review committee's risk assessment 
 22.35  determination was erroneous.  The attorney general or a designee 
 22.36  shall defend the end-of-confinement review committee's 
 23.1   determination.  The offender has the right to be present and be 
 23.2   represented by counsel at the hearing, to present evidence in 
 23.3   support of the offender's position, to call supporting witnesses 
 23.4   and to cross-examine witnesses testifying in support of the 
 23.5   committee's determination.  Counsel for indigent offenders shall 
 23.6   be provided by the Legal Advocacy Project of the state public 
 23.7   defender's office.  
 23.8      (c) After the hearing is concluded, the administrative law 
 23.9   judge shall decide whether the end-of-confinement review 
 23.10  committee's risk assessment determination was erroneous and, 
 23.11  based on this decision, shall either uphold or modify the review 
 23.12  committee's determination.  The judge's decision shall be in 
 23.13  writing and shall include the judge's reasons for the decision.  
 23.14  The judge's decision shall be final and a copy of it shall be 
 23.15  given to the offender, the victim, the law enforcement agency, 
 23.16  and the chair of the end-of-confinement review committee. 
 23.17     (d) The review hearing is subject to the contested case 
 23.18  provisions of chapter 14. 
 23.19     (e) The administrative law judge may seal any portion of 
 23.20  the record of the administrative review hearing to the extent 
 23.21  necessary to protect the identity of a victim of or witness to 
 23.22  the offender's offense. 
 23.23     Subd. 7.  [IMMUNITY FROM LIABILITY.] (a) A state or local 
 23.24  agency or official, or a private organization or individual 
 23.25  authorized to act on behalf of a state or local agency or 
 23.26  official, is not civilly or criminally liable for disclosing or 
 23.27  failing to disclose information as permitted by this section.  
 23.28     (b) A state or local agency or official, or a private 
 23.29  organization or individual authorized to act on behalf of a 
 23.30  state or local agency or official, is not civilly liable for 
 23.31  failing to disclose information under this section. 
 23.32     (c) A state or local agency or official, or a private 
 23.33  organization or individual authorized to act on behalf of a 
 23.34  state or local agency or official, is not civilly liable for 
 23.35  disclosing information as permitted by this section.  However, 
 23.36  this paragraph applies only to disclosure of information that is 
 24.1   consistent with the offender's conviction history.  It does not 
 24.2   apply to disclosure of information relating to conduct for which 
 24.3   the offender was not convicted. 
 24.4      Subd. 8.  [LIMITATION ON SCOPE.] Nothing in this section 
 24.5   imposes a duty upon a person licensed under chapter 82, or an 
 24.6   employee of the person, to disclose information regarding an 
 24.7   offender who is required to register under section 243.166, or 
 24.8   about whom notification is made under this section. 
 24.9      Sec. 12.  Minnesota Statutes 1998, section 244.10, 
 24.10  subdivision 2a, is amended to read: 
 24.11     Subd. 2a.  [NOTICE OF INFORMATION REGARDING SEX PREDATORY 
 24.12  OFFENDERS.] (a) Subject to paragraph (b), in any case in which a 
 24.13  person is convicted of an offense which requires registration 
 24.14  under section 243.166, subdivision 1, and the presumptive 
 24.15  sentence under the sentencing guidelines is commitment to the 
 24.16  custody of the commissioner of corrections, if the court grants 
 24.17  a dispositional departure and stays imposition or execution of 
 24.18  sentence, the probation or court services officer who is 
 24.19  assigned to supervise the offender shall provide in writing to 
 24.20  the following the fact that the offender is on probation and the 
 24.21  terms and conditions of probation: 
 24.22     (1) a victim of and any witnesses to the offense committed 
 24.23  by the offender, if the victim or the witness has requested 
 24.24  notice; and 
 24.25     (2) the chief law enforcement officer in the area where the 
 24.26  offender resides or intends to reside. 
 24.27     The law enforcement officer, in consultation with the 
 24.28  offender's probation officer, may provide all or part of this 
 24.29  information to any of the following agencies or groups the 
 24.30  offender is likely to encounter:  public and private educational 
 24.31  institutions, day care establishments, and establishments or 
 24.32  organizations that primarily serve individuals likely to be 
 24.33  victimized by the offender. 
 24.34     The probation officer is not required under this 
 24.35  subdivision to provide any notice while the offender is placed 
 24.36  or resides in a residential facility that is licensed under 
 25.1   section 245A.02, subdivision 14, or 241.021, if the facility 
 25.2   staff is trained in the supervision of sex offenders. 
 25.3      (b) Paragraph (a) applies only to offenders required to 
 25.4   register under section 243.166, as a result of the conviction. 
 25.5      (c) The notice authorized by paragraph (a) shall be limited 
 25.6   to data classified as public under section 13.84, subdivision 6, 
 25.7   unless the offender provides informed consent to authorize the 
 25.8   release of nonpublic data or unless a court order authorizes the 
 25.9   release of nonpublic data. 
 25.10     (c) (d) Nothing in this subdivision shall be interpreted to 
 25.11  impose a duty on any person to use any information regarding an 
 25.12  offender about whom notification is made under this subdivision. 
 25.13     Sec. 13.  [299C.093] [DATABASE OF REGISTERED PREDATORY 
 25.14  OFFENDERS.] 
 25.15     The superintendent of the bureau of criminal apprehension 
 25.16  shall maintain a computerized data system relating to 
 25.17  individuals required to register as predatory offenders under 
 25.18  section 243.166.  To the degree feasible, the system must 
 25.19  include the information required to be provided under section 
 25.20  243.166, subdivisions 4 and 4a, and indicate the time period 
 25.21  that the person is required to register.  The superintendent 
 25.22  shall maintain this information in a manner that ensures that it 
 25.23  is readily available to law enforcement agencies.  This 
 25.24  information is private data on individuals under section 13.02, 
 25.25  subdivision 12, but may be used for law enforcement and 
 25.26  corrections purposes. 
 25.27     Sec. 14.  [REPORT.] 
 25.28     By January 15, 2001, the superintendent of the bureau of 
 25.29  criminal apprehension shall report to the chairs of the senate 
 25.30  and house of representatives committees and divisions having 
 25.31  jurisdiction over criminal justice funding.  The report must 
 25.32  specify how the money appropriated in this act was spent and how 
 25.33  the policy changes made in this act relating to the bureau were 
 25.34  implemented. 
 25.35     Sec. 15.  [APPROPRIATIONS.] 
 25.36     Subdivision 1.  [CRIMINAL APPREHENSION.] $1,271,000 is 
 26.1   appropriated from the general fund to the superintendent of the 
 26.2   bureau of criminal apprehension for the fiscal year ending June 
 26.3   30, 2001.  Of this amount: 
 26.4      (1) $77,000 is for a systems design consultant; 
 26.5      (2) $400,000 is for software development and 
 26.6   implementation; 
 26.7      (3) $50,000 is to interface the state system with the 
 26.8   national sex offender registry; 
 26.9      (4) $80,000 is for a technology systems position; 
 26.10     (5) $50,000 is for a CJIS training position; 
 26.11     (6) $234,000 is for three additional special agent 
 26.12  positions; 
 26.13     (7) $160,000 is for three criminal intelligence analyst 
 26.14  positions; 
 26.15     (8) $200,000 is for five clerical positions; and 
 26.16     (9) $20,000 is for office supplies and expenses. 
 26.17     Subd. 2.  [CORRECTIONS.] $162,000 is appropriated from the 
 26.18  general fund to the commissioner of corrections for the fiscal 
 26.19  year ending June 30, 2001, for costs associated with complying 
 26.20  with Minnesota Statutes, section 244.052. 
 26.21     Sec. 16.  [EFFECTIVE DATES.] 
 26.22     (a) Section 10 is effective the day following final 
 26.23  enactment. 
 26.24     (b) Section 6 is effective August 1, 2000, and applies to 
 26.25  crimes committed on or after that date.  However, a conviction 
 26.26  or adjudication for violating Minnesota Statutes, section 
 26.27  243.166, occurring before August 1, 2000, shall be considered a 
 26.28  prior conviction or adjudication under Minnesota Statutes, 
 26.29  section 243.166, subdivision 5, paragraph (c). 
 26.30     (c) The provisions of section 7 that pertain to lifetime 
 26.31  registration are effective August 1, 2000, and apply to persons 
 26.32  who commit offenses requiring lifetime registration on or after 
 26.33  that date. 
 26.34     (d) Sections 2 and 9 and the provisions of sections 4 and 8 
 26.35  that pertain to making information available to the public 
 26.36  through electronic, computerized, or other assessable means are 
 27.1   effective August 1, 2000, and apply to offenders who are out of 
 27.2   compliance with Minnesota Statutes, section 243.166, on or after 
 27.3   that date. 
 27.4      (e) The provisions of section 11 that pertain to posting 
 27.5   information on the Internet are effective August 1, 2000, and 
 27.6   apply to offenders classified at risk level III and subject to 
 27.7   community notification under Minnesota Statutes, section 
 27.8   244.052, on or after that date. 
 27.9      (f) Section 12 and the remaining provisions of section 11 
 27.10  are effective August 1, 2000, and apply to persons released from 
 27.11  confinement or sentenced on or after that date. 
 27.12     (g) Sections 13 and 14 and the remaining provisions of 
 27.13  section 8 are effective August 1, 2000. 
 27.14     (h) Sections 1, 3, and 5, and the remaining provisions of 
 27.15  sections 4 and 7 are effective August 1, 2000, and apply to 
 27.16  persons released from confinement, sentenced, subject to 
 27.17  registration, or who commit offenses on or after that date. 
 27.18                             ARTICLE 2 
 27.19                       NAME CHANGE PROVISIONS 
 27.20     Section 1.  Minnesota Statutes 1998, section 259.11, is 
 27.21  amended to read: 
 27.22     259.11 [ORDER; FILING COPIES.] 
 27.23     (a) Upon meeting the requirements of section 259.10, the 
 27.24  court shall grant the application unless:  (1) it finds that 
 27.25  there is an intent to defraud or mislead; (2) section 259.13 
 27.26  prohibits granting the name change; or (3) in the case of the 
 27.27  change of a minor child's name, the court finds that such name 
 27.28  change is not in the best interests of the child.  The court 
 27.29  shall set forth in the order the name and age of the applicant's 
 27.30  spouse and each child of the applicant, if any, and shall state 
 27.31  a description of the lands, if any, in which the applicant and 
 27.32  the spouse and children, if any, claim to have an interest.  The 
 27.33  court administrator shall file such order, and record the same 
 27.34  in the judgment book.  If lands be described therein, a 
 27.35  certified copy of the order shall be filed for record, by the 
 27.36  applicant, with the county recorder of each county wherein any 
 28.1   of the same are situated.  Before doing so the court 
 28.2   administrator shall present the same to the county auditor who 
 28.3   shall enter the change of name in the auditor's official records 
 28.4   and note upon the instrument, over an official signature, the 
 28.5   words "change of name recorded."  Any such order shall not be 
 28.6   filed, nor any certified copy thereof be issued, until the 
 28.7   applicant shall have paid to the county recorder and court 
 28.8   administrator the fee required by law.  No application shall be 
 28.9   denied on the basis of the marital status of the applicant. 
 28.10     (b) When a person applies for who has a pending felony 
 28.11  charge or a felony conviction under Minnesota law or the law of 
 28.12  another state or federal jurisdiction is granted a name change, 
 28.13  the court shall determine whether the person has been convicted 
 28.14  of a felony in this or any other state.  If so, the court shall, 
 28.15  within ten days after the name change application is granted, 
 28.16  report the name change to the bureau of criminal apprehension.  
 28.17  The person whose name is changed shall also report the change to 
 28.18  the bureau of criminal apprehension within ten days.  The court 
 28.19  granting the name change application must explain this reporting 
 28.20  duty in its order.  Any person required to report the person's 
 28.21  name change to the bureau of criminal apprehension who fails to 
 28.22  report the name change as required under this paragraph is 
 28.23  guilty of a gross misdemeanor. 
 28.24     Sec. 2.  [259.115] [CRIMINAL PENALTIES.] 
 28.25     A person who has a pending felony charge or a felony 
 28.26  conviction under Minnesota law or the law of another state or 
 28.27  federal jurisdiction and who does any of the following is guilty 
 28.28  of a gross misdemeanor: 
 28.29     (1) upon marriage, uses a different surname from that used 
 28.30  before marriage without complying with section 259.13; 
 28.31     (2) upon marriage dissolution or legal separation, uses a 
 28.32  different surname from that used during marriage without 
 28.33  complying with section 259.13; or 
 28.34     (3) with the intent to defraud or mislead, or to cause 
 28.35  injury to or harass another, uses a different name without 
 28.36  complying with section 259.13. 
 29.1      Sec. 3.  [259.13] [PERSONS WITH PENDING FELONY CHARGE OR 
 29.2   CONVICTION; NAME CHANGES.] 
 29.3      Subdivision 1.  [PROCEDURE FOR SEEKING NAME CHANGE.] (a) A 
 29.4   person with a pending felony charge or a felony conviction under 
 29.5   Minnesota law or the law of another state or federal 
 29.6   jurisdiction shall serve a notice of application for a name 
 29.7   change on the prosecuting authority responsible for the pending 
 29.8   charge or that obtained the conviction against the person when 
 29.9   seeking a name change through one of the following procedures: 
 29.10     (1) an application for a name change under section 259.10; 
 29.11     (2) a request for a name change as part of an application 
 29.12  for a marriage license under section 517.08; or 
 29.13     (3) a request for a name change in conjunction with a 
 29.14  marriage dissolution under section 518.27. 
 29.15  If the pending charge or conviction is from another state or 
 29.16  federal jurisdiction, notice of application must also be served 
 29.17  on the attorney general. 
 29.18     (b) A person who seeks a name change under section 259.10 
 29.19  or 518.27 shall file proof of service with the court as part of 
 29.20  the name change request.  A person who seeks a name change under 
 29.21  section 517.08 shall file proof of service with the county as 
 29.22  part of the application for a marriage license. 
 29.23     (c) The name change request may not be granted during the 
 29.24  30-day period provided for in subdivision 2 or, if an objection 
 29.25  is filed under subdivision 2, until satisfaction of the 
 29.26  requirements in subdivision 3 or 4.  Nothing in this section 
 29.27  shall delay the granting of a marriage license under section 
 29.28  517.08, which may be granted without the name change. 
 29.29     Subd. 2.  [OBJECTION BY PROSECUTING AUTHORITY.] At any time 
 29.30  within 30 days from the date of service of the notice of 
 29.31  application for a name change under this section, the 
 29.32  prosecuting authority or the attorney general may file an 
 29.33  objection to the application for a name change.  The objection 
 29.34  may be made on the basis that the request aims to defraud or 
 29.35  mislead, is not made in good faith, will cause injury to a 
 29.36  person, or will compromise public safety.  If an objection to 
 30.1   the application for a name change is filed within this time 
 30.2   period, the court may not grant the name change request, and the 
 30.3   county may not allow the name change as part of a marriage 
 30.4   license. 
 30.5      Subd. 3.  [MOTION TO GRANT NAME CHANGE REQUEST.] A person 
 30.6   who seeks a name change may contest the prosecuting authority's 
 30.7   or attorney general's objection by filing a motion with the 
 30.8   court for an order permitting the requested name change.  Except 
 30.9   as provided in subdivision 4, no name change shall be granted 
 30.10  unless the person requesting it proves by clear and convincing 
 30.11  evidence that the request is not based upon an intent to defraud 
 30.12  or mislead, is made in good faith, will not cause injury to a 
 30.13  person, and will not compromise public safety. 
 30.14     Subd. 4.  [CONSTITUTIONAL RIGHT TO NAME CHANGE.] The court 
 30.15  shall grant a name change if failure to allow it would infringe 
 30.16  on a constitutional right of the person. 
 30.17     Subd. 5.  [CRIMINAL PENALTY.] A person who knowingly 
 30.18  violates this section is guilty of a gross misdemeanor. 
 30.19     Sec. 4.  Minnesota Statutes 1998, section 517.08, 
 30.20  subdivision 1a, is amended to read: 
 30.21     Subd. 1a.  Application for a marriage license shall be made 
 30.22  upon a form provided for the purpose and shall contain the 
 30.23  following information: 
 30.24     (1) the full names of the parties and the sex of each 
 30.25  party; 
 30.26     (2) their post office addresses and county and state of 
 30.27  residence; 
 30.28     (3) their full ages; 
 30.29     (4) if either party has previously been married, the 
 30.30  party's married name, and the date, place and court in which the 
 30.31  marriage was dissolved or annulled or the date and place of 
 30.32  death of the former spouse; 
 30.33     (5) if either party is a minor, the name and address of the 
 30.34  minor's parents or guardian; 
 30.35     (6) whether the parties are related to each other, and, if 
 30.36  so, their relationship; 
 31.1      (7) the name and date of birth of any child of which both 
 31.2   parties are parents, born before the making of the application, 
 31.3   unless their parental rights and the parent and child 
 31.4   relationship with respect to the child have been terminated; 
 31.5      (8) address of the bride and groom after the marriage to 
 31.6   which the court administrator shall send a certified copy of the 
 31.7   marriage certificate; and 
 31.8      (9) the full names the parties will have after marriage and 
 31.9   the parties' social security numbers.  The social security 
 31.10  numbers must be collected for the application but must not 
 31.11  appear on the marriage license; 
 31.12     (10) if one or both of the parties to the marriage license 
 31.13  has a pending felony charge or a felony conviction under 
 31.14  Minnesota law or the law of another state or federal 
 31.15  jurisdiction, the parties shall provide to the county proof of 
 31.16  service upon the prosecuting authority and, if applicable, the 
 31.17  attorney general, as required by section 259.13; and 
 31.18     (11) notice that a party who has a pending felony charge or 
 31.19  a felony conviction under Minnesota law or the law of another 
 31.20  state or federal jurisdiction may not use a different surname 
 31.21  after marriage except as authorized by section 259.13, and that 
 31.22  doing so is a gross misdemeanor. 
 31.23     Sec. 5.  Minnesota Statutes 1998, section 517.08, 
 31.24  subdivision 1b, is amended to read: 
 31.25     Subd. 1b.  [TERM OF LICENSE; FEE.] (a) The court 
 31.26  administrator shall examine upon oath the party applying for a 
 31.27  license relative to the legality of the contemplated marriage.  
 31.28  If at the expiration of a five-day period, on being satisfied 
 31.29  that there is no legal impediment to it, including the 
 31.30  restriction contained in section 259.13, the court administrator 
 31.31  shall issue the license, containing the full names of the 
 31.32  parties before and after marriage, and county and state of 
 31.33  residence, with the district court seal attached, and make a 
 31.34  record of the date of issuance.  The license shall be valid for 
 31.35  a period of six months.  In case of emergency or extraordinary 
 31.36  circumstances, a judge of the district court of the county in 
 32.1   which the application is made, may authorize the license to be 
 32.2   issued at any time before the expiration of the five days.  The 
 32.3   court administrator shall collect from the applicant a fee of 
 32.4   $70 for administering the oath, issuing, recording, and filing 
 32.5   all papers required, and preparing and transmitting to the state 
 32.6   registrar of vital statistics the reports of marriage required 
 32.7   by this section.  If the license should not be used within the 
 32.8   period of six months due to illness or other extenuating 
 32.9   circumstances, it may be surrendered to the court administrator 
 32.10  for cancellation, and in that case a new license shall issue 
 32.11  upon request of the parties of the original license without 
 32.12  fee.  A court administrator who knowingly issues or signs a 
 32.13  marriage license in any manner other than as provided in this 
 32.14  section shall pay to the parties aggrieved an amount not to 
 32.15  exceed $1,000. 
 32.16     (b) If section 259.13 applies to the request for a marriage 
 32.17  license, the court administrator shall grant the marriage 
 32.18  license without the requested name change.  Alternatively, the 
 32.19  court administrator may delay the granting of the marriage 
 32.20  license until the party with the pending felony charge or 
 32.21  conviction: 
 32.22     (1) certifies under oath that 30 days have passed since 
 32.23  service of the notice for a name change upon the prosecuting 
 32.24  authority and, if applicable, the attorney general and no 
 32.25  objection has been filed under section 259.13; or 
 32.26     (2) provides a certified copy of the court order granting 
 32.27  it.  The parties seeking the marriage license shall have the 
 32.28  right to choose to have the license granted without the name 
 32.29  change or to delay its granting pending further action on the 
 32.30  name change request. 
 32.31     Sec. 6.  Minnesota Statutes 1998, section 518.27, is 
 32.32  amended to read: 
 32.33     518.27 [NAME OF PARTY.] 
 32.34     Except as provided in section 259.13, in the final decree 
 32.35  of dissolution or legal separation the court shall, if requested 
 32.36  by a party, change the name of that party to another name as the 
 33.1   party requests.  The court shall grant a request unless it finds 
 33.2   that there is an intent to defraud or mislead, unless the name 
 33.3   change is subject to section 259.13, in which case the 
 33.4   requirements of that section apply.  The court shall notify the 
 33.5   parties that use of a different surname after dissolution or 
 33.6   legal separation without complying with section 259.13, if 
 33.7   applicable, is a gross misdemeanor.  The party's new name shall 
 33.8   be so designated in the final decree.  
 33.9      Sec. 7.  [EFFECTIVE DATE.] 
 33.10     Sections 1 to 6 are effective August 1, 2000, and apply to 
 33.11  proceedings for a name change commenced and crimes committed on 
 33.12  or after that date. 
 33.13                             ARTICLE 3 
 33.14                CRIMINAL AND EXPUNGEMENT PROVISIONS 
 33.15     Section 1.  Minnesota Statutes 1998, section 609.352, 
 33.16  subdivision 1, is amended to read: 
 33.17     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 33.18     (a) "child" means a person under the age of 15 years of age 
 33.19  or younger; 
 33.20     (b) "sexual conduct" means sexual contact of the 
 33.21  individual's primary genital area, sexual penetration as defined 
 33.22  in section 609.341, or sexual performance as defined in section 
 33.23  617.246; and 
 33.24     (c) "solicit" means commanding, entreating, or attempting 
 33.25  to persuade a specific person in person, by telephone, by 
 33.26  letter, or by computerized or other electronic means. 
 33.27     Sec. 2.  Minnesota Statutes 1998, section 609.352, 
 33.28  subdivision 2, is amended to read: 
 33.29     Subd. 2.  [PROHIBITED ACT.] A person 18 years of age or 
 33.30  older who solicits a child or someone the person reasonably 
 33.31  believes is a child to engage in sexual conduct with intent to 
 33.32  engage in sexual conduct is guilty of a felony and may be 
 33.33  sentenced to imprisonment for not more than three years, or to 
 33.34  payment of a fine of not more than $5,000, or both. 
 33.35     Sec. 3.  [609.353] [JURISDICTION.] 
 33.36     A violation or attempted violation of section 609.342, 
 34.1   609.343, 609.344, 609.345, 609.3451, or 609.352 may be 
 34.2   prosecuted in any jurisdiction in which the violation originates 
 34.3   or terminates. 
 34.4      Sec. 4.  Minnesota Statutes 1998, section 609.749, 
 34.5   subdivision 2, is amended to read: 
 34.6      Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
 34.7   who harasses another by committing any of the following acts is 
 34.8   guilty of a gross misdemeanor: 
 34.9      (1) directly or indirectly manifests a purpose or intent to 
 34.10  injure the person, property, or rights of another by the 
 34.11  commission of an unlawful act; 
 34.12     (2) stalks, follows, or pursues another; 
 34.13     (3) returns to the property of another if the actor is 
 34.14  without claim of right to the property or consent of one with 
 34.15  authority to consent; 
 34.16     (4) repeatedly makes telephone calls, or induces a victim 
 34.17  to make telephone calls to the actor, whether or not 
 34.18  conversation ensues; 
 34.19     (5) makes or causes the telephone of another repeatedly or 
 34.20  continuously to ring; 
 34.21     (6) repeatedly mails or delivers or causes the delivery by 
 34.22  any means, including electronically, of letters, telegrams, 
 34.23  messages, packages, or other objects; or 
 34.24     (7) knowingly makes false allegations against a peace 
 34.25  officer concerning the officer's performance of official duties 
 34.26  with intent to influence or tamper with the officer's 
 34.27  performance of official duties. 
 34.28     (b) The conduct described in paragraph (a), clauses (4) and 
 34.29  (5), may be prosecuted at the place where any call is either 
 34.30  made or received.  The conduct described in paragraph (a), 
 34.31  clause (6), may be prosecuted where any letter, telegram, 
 34.32  message, package, or other object is either sent or received. 
 34.33     (c) A peace officer may not make a warrantless, custodial 
 34.34  arrest of any person for a violation of paragraph (a), clause 
 34.35  (7). 
 34.36     Sec. 5.  Minnesota Statutes 1998, section 609.795, 
 35.1   subdivision 1, is amended to read: 
 35.2      Subdivision 1.  [MISDEMEANORS.] Whoever does any of the 
 35.3   following is guilty of a misdemeanor: 
 35.4      (1) knowing that the actor does not have the consent of 
 35.5   either the sender or the addressee, intentionally opens any 
 35.6   sealed letter, telegram, or package addressed to another; or 
 35.7      (2) knowing that a sealed letter, telegram, or package has 
 35.8   been opened without the consent of either the sender or 
 35.9   addressee, intentionally publishes any of the contents thereof; 
 35.10  or 
 35.11     (3) with the intent to abuse, disturb, or cause distress, 
 35.12  repeatedly uses the mails or delivers or causes the delivery by 
 35.13  any means, including electronically, of letters, telegrams, or 
 35.14  packages. 
 35.15     Sec. 6.  Minnesota Statutes 1998, section 609A.03, is 
 35.16  amended to read: 
 35.17     609A.03 [PETITION TO EXPUNGE CRIMINAL RECORDS.] 
 35.18     Subdivision 1.  [PETITION; FILING FEE.] An individual who 
 35.19  is the subject of a criminal record who is seeking the 
 35.20  expungement of the record shall file a petition under this 
 35.21  section and pay a filing fee in the amount required under 
 35.22  section 357.021, subdivision 2, clause (1).  The filing fee may 
 35.23  be waived in cases of indigency and shall be waived in the cases 
 35.24  described in section 609A.02, subdivision 3.  
 35.25     Subd. 2.  [CONTENTS OF PETITION.] A petition for 
 35.26  expungement shall be signed under oath by the petitioner and 
 35.27  shall state the following: 
 35.28     (1) the petitioner's full name and all other legal names or 
 35.29  aliases by which the petitioner has been known at any time; 
 35.30     (2) the petitioner's date of birth; 
 35.31     (3) all of the petitioner's addresses from the date of the 
 35.32  offense or alleged offense in connection with which an 
 35.33  expungement order is sought, to the date of the petition; 
 35.34     (4) why expungement is sought, if it is for employment or 
 35.35  licensure purposes, the statutory or other legal authority under 
 35.36  which it is sought, and why it should be granted; 
 36.1      (5) the details of the offense or arrest for which 
 36.2   expungement is sought, including date and jurisdiction of the 
 36.3   occurrence, court file number, and date of conviction or of 
 36.4   dismissal; 
 36.5      (6) in the case of a conviction, what steps the petitioner 
 36.6   has taken since the time of the offense toward personal 
 36.7   rehabilitation, including treatment, work, or other personal 
 36.8   history that demonstrates rehabilitation; 
 36.9      (7) petitioner's criminal conviction record indicating all 
 36.10  convictions for misdemeanors, gross misdemeanors, or felonies in 
 36.11  this state, and for all comparable convictions in any other 
 36.12  state, federal court, or foreign country, whether the 
 36.13  convictions occurred before or after the arrest or conviction 
 36.14  for which expungement is sought; 
 36.15     (8) petitioner's criminal charges record indicating all 
 36.16  prior and pending criminal charges against the petitioner in 
 36.17  this state or another jurisdiction, including all criminal 
 36.18  charges that have been continued for dismissal or stayed for 
 36.19  adjudication, or have been the subject of pretrial diversion; 
 36.20  and 
 36.21     (9) all prior requests by the petitioner, whether for the 
 36.22  present offense or for any other offenses, in this state or any 
 36.23  other state or federal court, for pardon, return of arrest 
 36.24  records, or expungement or sealing of a criminal record, whether 
 36.25  granted or not, and all stays of adjudication or imposition of 
 36.26  sentence involving the petitioner. 
 36.27     Subd. 3.  [SERVICE OF PETITION AND PROPOSED ORDER.] The 
 36.28  petition for expungement and a proposed expungement order shall 
 36.29  be served by mail on the state and local government agencies and 
 36.30  jurisdictions whose records would be affected by the proposed 
 36.31  order.  Service shall also be made by mail on the attorney for 
 36.32  each agency and jurisdiction. 
 36.33     Subd. 4.  [HEARING.] A hearing on the petition shall be 
 36.34  held no sooner than 60 days after service of the petition.  
 36.35     Subd. 5.  [NATURE OF REMEDY; STANDARD; FIREARMS 
 36.36  RESTRICTION.] (a) Except as otherwise provided by paragraph (b), 
 37.1   expungement of a criminal record is an extraordinary remedy to 
 37.2   be granted only upon clear and convincing evidence that it would 
 37.3   yield a benefit to the petitioner commensurate with the 
 37.4   disadvantages to the public and public safety of: 
 37.5      (1) sealing the record; and 
 37.6      (2) burdening the court and public authorities to issue, 
 37.7   enforce, and monitor an expungement order. 
 37.8      (b) Except as otherwise provided by this paragraph, if the 
 37.9   petitioner is petitioning for the sealing of a criminal record 
 37.10  under section 609A.02, subdivision 3, the court shall grant the 
 37.11  petition to seal the record unless the agency or jurisdiction 
 37.12  whose records would be affected establishes by clear and 
 37.13  convincing evidence that the interests of the public and public 
 37.14  safety outweigh the disadvantages to the petitioner of not 
 37.15  sealing the record.  If a petitioner was found not guilty by 
 37.16  reason of mental illness, the court shall grant the petition to 
 37.17  seal the record unless the agency or jurisdiction whose records 
 37.18  would be affected establishes by a preponderance of the evidence 
 37.19  that the interests of the public and public safety outweigh the 
 37.20  disadvantages to the petitioner of not sealing the record.  
 37.21     (c) If the court issues an expungement order it may require 
 37.22  that the criminal record shall be sealed, the existence of the 
 37.23  record shall not be revealed, and the record should not be 
 37.24  opened except as required under subdivision 7.  Records shall 
 37.25  must not be destroyed or returned to the subject of the record.  
 37.26     (d) An order expunging the record of a conviction for a 
 37.27  crime of violence as defined in section 624.712, subdivision 5, 
 37.28  must provide that the person is not entitled to ship, transport, 
 37.29  possess, or receive a firearm until ten years have elapsed since 
 37.30  the order was entered and during that time the person was not 
 37.31  convicted of any other crime of violence.  Any person whose 
 37.32  record of conviction is expunged under this section and who 
 37.33  thereafter receives a relief of disability under United States 
 37.34  Code, title 18, section 925, is not subject to the restriction 
 37.35  in this paragraph.  
 37.36     Subd. 5a.  [ORDER CONCERNING CRIMES OF VIOLENCE.] An order 
 38.1   expunging the record of a conviction for a crime of violence as 
 38.2   defined in section 624.712, subdivision 5, must provide that the 
 38.3   person is not entitled to ship, transport, possess, or receive a 
 38.4   firearm until ten years have elapsed since the order was entered 
 38.5   and during that time the person was not convicted of any other 
 38.6   crime of violence.  Any person whose record of conviction is 
 38.7   expunged under this section and who thereafter receives a relief 
 38.8   of disability under United States Code, title 18, section 925, 
 38.9   is not subject to the restriction in this subdivision. 
 38.10     Subd. 6.  [ORDER CONCERNING CONTROLLED SUBSTANCE OFFENSES.] 
 38.11  If the court orders the sealing of the record of proceedings 
 38.12  under section 152.18, the effect of the order shall be to 
 38.13  restore the person, in the contemplation of the law, to the 
 38.14  status the person occupied before the arrest, indictment, or 
 38.15  information.  The person shall not be held guilty of perjury or 
 38.16  otherwise of giving a false statement if the person fails to 
 38.17  acknowledge the arrest, indictment, information, or trial in 
 38.18  response to any inquiry made for any purpose. 
 38.19     Subd. 7.  [LIMITATIONS OF ORDER.] (a) Upon issuance of an 
 38.20  expungement order related to a charge supported by probable 
 38.21  cause, the DNA samples and DNA records held by the bureau of 
 38.22  criminal apprehension shall not be sealed, returned to the 
 38.23  subject of the record, or destroyed. 
 38.24     (b) Notwithstanding the issuance of an expungement order: 
 38.25     (1) an expunged record may be opened for purposes of a 
 38.26  criminal investigation, prosecution, or sentencing, upon an ex 
 38.27  parte court order; and 
 38.28     (2) an expunged record of a conviction may be opened for 
 38.29  purposes of evaluating a prospective employee in a criminal 
 38.30  justice agency without a court order. 
 38.31     Upon request by law enforcement, prosecution, or 
 38.32  corrections authorities, an agency or jurisdiction subject to an 
 38.33  expungement order shall inform the requester of the existence of 
 38.34  a sealed record and of the right to obtain access to it as 
 38.35  provided by this paragraph.  For purposes of this section, a 
 38.36  "criminal justice agency" means courts or a government agency 
 39.1   that performs the administration of criminal justice under 
 39.2   statutory authority.  
 39.3      Subd. 8.  [STAY OF ORDER; APPEAL DISTRIBUTION OF 
 39.4   EXPUNGEMENT ORDERS.] An expungement order shall be automatically 
 39.5   stayed for 60 days after filing of the order and, if the order 
 39.6   is appealed, during the appeal period.  A person or an agency or 
 39.7   jurisdiction whose records would be affected by the order may 
 39.8   appeal the order within 60 days of service of notice of filing 
 39.9   of the order.  An agency or jurisdiction or officials or 
 39.10  employees thereof need not file a cost bond or supersedeas bond 
 39.11  in order to further stay the proceedings or file an appeal. The 
 39.12  court administrator shall send a copy of an expungement order to 
 39.13  each agency and jurisdiction whose records are affected by the 
 39.14  terms of the order. 
 39.15     Subd. 9.  [DISTRIBUTION OF EXPUNGEMENT ORDERS STAY OF 
 39.16  ORDER; APPEAL.] If an expungement order is issued, the court 
 39.17  administrator shall send a copy of it to each agency and 
 39.18  jurisdiction whose records are affected by the terms of the 
 39.19  order. An expungement order shall be stayed automatically for 60 
 39.20  days after the order is filed and, if the order is appealed, 
 39.21  during the appeal period.  A person or an agency or jurisdiction 
 39.22  whose records would be affected by the order may appeal the 
 39.23  order within 60 days of service of notice of filing of the order.
 39.24  An agency or jurisdiction or its officials or employees need not 
 39.25  file a cost bond or supersedeas bond in order to further stay 
 39.26  the proceedings or file an appeal. 
 39.27     Sec. 7.  Minnesota Statutes 1998, section 628.26, is 
 39.28  amended to read: 
 39.29     628.26 [LIMITATIONS.] 
 39.30     (a) Indictments or complaints for murder homicide may be 
 39.31  found or made at any time after the death of the person killed.  
 39.32  Indictments or complaints for a violation of section 609.25 may 
 39.33  be found or made at any time after the commission of the offense.
 39.34     (b) Indictments or complaints for violation of section 
 39.35  609.42, subdivision 1, clause (1) or (2), shall be found or made 
 39.36  and filed in the proper court within six years after the 
 40.1   commission of the offense.  
 40.2      (c) Indictments or complaints for violation of sections 
 40.3   609.342 to 609.345 if the victim was under the age of 18 years 
 40.4   at the time the offense was committed, shall be found or made 
 40.5   and filed in the proper court within nine years after the 
 40.6   commission of the offense or, if the victim failed to report the 
 40.7   offense within this limitation period, within three years after 
 40.8   the offense was reported to law enforcement authorities. 
 40.9      (d) Notwithstanding the limitations in paragraph (c), 
 40.10  indictments or complaints for violation of sections 609.342 to 
 40.11  609.344 if the victim was 18 years old or older at the time the 
 40.12  offense was committed, shall may be found or made and filed in 
 40.13  the proper court at any time after commission of the offense, if 
 40.14  physical evidence is collected and preserved that is capable of 
 40.15  being tested for its DNA characteristics.  If this evidence is 
 40.16  not collected and preserved and the victim was 18 years old or 
 40.17  older at the time of the offense, the prosecution must be 
 40.18  commenced within nine years after the commission of the offense. 
 40.19     (e) Indictments or complaints for violation of sections 
 40.20  609.466 and 609.52, subdivision 2, clause (3)(c), item (iii), 
 40.21  shall be found or made and filed in the proper court within six 
 40.22  years after the commission of the offense. 
 40.23     (f) Indictments or complaints for violation of section 
 40.24  609.52, subdivision 2, clause (3), items (a) and (b) (i) and 
 40.25  (ii), (4), (15), or (16), 609.631, or 609.821, where the value 
 40.26  of the property or services stolen is more than $35,000, shall 
 40.27  be found or made and filed in the proper court within five years 
 40.28  after the commission of the offense. 
 40.29     (g) Except for violations relating to false material 
 40.30  statements, representations or omissions, indictments or 
 40.31  complaints for violations of section 609.671 shall be found or 
 40.32  made and filed in the proper court within five years after the 
 40.33  commission of the offense.  
 40.34     (h) Indictments or complaints for violation of sections 
 40.35  609.561 to 609.563, shall be found or made and filed in the 
 40.36  proper court within five years after the commission of the 
 41.1   offense. 
 41.2      (i) In all other cases, indictments or complaints shall be 
 41.3   found or made and filed in the proper court within three years 
 41.4   after the commission of the offense. 
 41.5      (j) The limitations periods contained in this section shall 
 41.6   exclude any period of time during which the defendant was not an 
 41.7   inhabitant of or usually resident within this state. 
 41.8      (k) The limitations periods contained in this section for 
 41.9   an offense shall not include any period during which the alleged 
 41.10  offender participated under a written agreement in a pretrial 
 41.11  diversion program relating to that offense. 
 41.12     (1) The limitations periods contained in this section shall 
 41.13  not include any period of time during which physical evidence 
 41.14  relating to the offense was undergoing DNA analysis, as defined 
 41.15  in section 299C.155, unless the defendant demonstrates that the 
 41.16  prosecuting or law enforcement agency purposefully delayed the 
 41.17  DNA analysis process in order to gain an unfair advantage. 
 41.18     Sec. 8.  [EFFECTIVE DATES.] 
 41.19     Sections 1 to 3, 5, and 6 are effective August 1, 2000, and 
 41.20  apply to crimes committed and expungement petitions filed on or 
 41.21  after that date.  Section 4 is effective the day following final 
 41.22  enactment and applies to crimes committed on or after that 
 41.23  date.  Section 7 is effective August 1, 2000, and applies to 
 41.24  crimes committed on or after that date and to crimes committed 
 41.25  before that date if the limitation period for the crime did not 
 41.26  expire before August 1, 2000.