Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 3523

as introduced - 90th Legislature (2017 - 2018) Posted on 03/20/2018 08:58am

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

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12
3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22

A bill for an act
relating to criminal justice; juveniles; addressing predatory offender registration
of juveniles; amending Minnesota Statutes 2016, section 243.166, subdivisions
1b, 6.

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

Section 1.

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


Subd. 1b.

Registration required.

(a) A person shall register under this section ifnew text begin the
person is an adult or a child certified under section 260B.125 and
new text end :

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

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

(ii) kidnapping under section 609.25;

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

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

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

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

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

(b) A person also shall register under this section ifnew text begin the person is an adult or a child
certified under section 260B.125 and
new text end :

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

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

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

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

(c) A person also shall register under this section if the person new text begin is an adult or a child
certified under section 260B.125 and
new text end was committed pursuant to a court commitment order
under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992,
section 526.10, or a similar law of another state or the United States, regardless of whether
the person was convicted of any offense.

(d) A person also shall register under this section ifnew text begin the person is an adult or a child
certified under section 260B.125 and
new text end :

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

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

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

Sec. 2.

Minnesota Statutes 2016, section 243.166, subdivision 6, is amended to read:


Subd. 6.

Registration period.

(a) Notwithstanding the provisions of section 609.165,
subdivision 1
, and except as provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this section until ten years have
elapsed since the person initially registered in connection with the offense, or until the
probation, supervised release, or conditional release period expires, whichever occurs later.
For a person required to register under this section who is committed under section 253B.18,
Minnesota Statutes 2012, section 253B.185, or chapter 253D, the ten-year registration period
does not include the period of commitment.

(b) If a person required to register under this section fails to provide the person's primary
address as required by subdivision 3, paragraph (b), fails to comply with the requirements
of subdivision 3a, fails to provide information as required by subdivision 4a, or fails to
return the verification form referenced in subdivision 4 within ten days, the commissioner
of public safety shall require the person to continue to register for an additional period of
five years. This five-year period is added to the end of the offender's registration period.

(c) If a person required to register under this section is incarcerated due to a conviction
for a new offense or following a revocation of probation, supervised release, or conditional
release for any offense, the person shall continue to register until ten years have elapsed
since the person was last released from incarceration or until the person's probation,
supervised release, or conditional release period expires, whichever occurs later.

(d) A person shall continue to comply with this section for the life of that person:

(1) if the person is convicted of deleted text begin or adjudicated delinquent fordeleted text end any offense for which
registration is required under subdivision 1b, or new text begin convicted of new text end any offense from another state
or any federal offense similar to the offenses described in subdivision 1b, and the person
has a prior conviction or adjudication for an offense for which registration was or would
have been required under subdivision 1b, or an offense from another state or a federal offense
similar to an offense described in subdivision 1b;

(2) if the person is required to register based upon a conviction deleted text begin or delinquency
adjudication
deleted text end for an offense under section 609.185, paragraph (a), clause (2), or new text begin convicted
of violating
new text end a similar statute from another state or the United States;

(3) if the person is required to register based upon a conviction for an offense under
section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1
, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g);
or 609.345, subdivision 1, paragraph (a), (c), or (g); or new text begin convicted of violating new text end a statute from
another state or the United States similar to the offenses described in this clause; or

(4) if the person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States.

(e) A person described in subdivision 1b, paragraph (b), who is required to register under
the laws of a state in which the person has been previously convicted or adjudicated
delinquent, shall register under this section for the time period required by the state of
conviction or adjudication unless a longer time period is required elsewhere in this section.