SF 5026

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/03/2024 09:31am

A bill for an act
relating to public safety; requiring data collection and analysis of the state's
predatory offender system; amending Minnesota Statutes 2022, sections 243.166,
subdivision 6; 260B.198, subdivision 7; Minnesota Statutes 2023 Supplement,
section 243.166, subdivision 1b.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 243.166, subdivision 1b, is
amended to read:

Subd. 1b.

Registration required.

(a) A person shall register under this section if:

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

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

(ii) kidnapping under section 609.25;

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

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

(v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph (h);

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:

(i) criminal abuse in violation of new text begin Minnesota Statutes 2020, new text end section 609.2325, subdivision
1, paragraph (b);

deleted text begin (ii) false imprisonment in violation of section 609.255, subdivision 2;
deleted text end

deleted text begin (iii) deleted text end new text begin (ii) new text end 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;

deleted text begin (iv) deleted text end new text begin (iii) new text end a prostitution offense in violation of section 609.324, subdivision 1, paragraph
(a);

deleted text begin (v) deleted text end new text begin (iv) new text end soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);

deleted text begin (vi) deleted text end new text begin (v) new text end using a minor in a sexual performance in violation of section 617.246; or

deleted text begin (vii) deleted text end new text begin (vi) new text end possessing new text begin or disseminating a new text end pornographic work involving a minor in violation
of section 617.247;

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

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

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state similar to
an offense or involving similar circumstances to an offense described in paragraph (a),
clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another
offense arising out of the same set of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer or for an aggregate period of time exceeding 30 days during
any calendar year; and

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

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

(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to:
new text end

new text begin (1) convictions and delinquency adjudications for a violation of Minnesota Statutes,
section 609.255, subdivision 2, or another offense arising out of the same set of circumstances
that occur on or after that date and to convictions and delinquency adjudications for such
an offense that are not yet final on that date; and
new text end

new text begin (2) convictions and delinquency adjudications for disseminating a pornographic work
involving a minor in violation of Minnesota Statutes, section 617.247 or another offense
arising out of the same set of circumstances that occur on or after that date and to convictions
and delinquency adjudications for such an offense that occurred before that date if the court
told the person of the duty to register.
new text end

Sec. 2.

Minnesota Statutes 2022, 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 new text begin that requires registration under this section or section 243.167 new text end or following
a revocation of probation, supervised release, or conditional release for deleted text begin any deleted text end new text begin an new text end offense new text begin that
requires registration under this section or section 243.167 new text end , 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 or adjudicated delinquent for any offense for which
registration is required under subdivision 1b, or 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 or delinquency
adjudication for an offense under section 609.185, paragraph (a), clause (2), or 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, clause (a) to (c) or (e), or subdivision 1a, clause (a) to (e)
or (h); 609.343, subdivision 1, clause (a) to (c) or (e), or subdivision 1a, clause (a) to (e) or
(h); 609.344, subdivision 1, clause (a) or (c), or subdivision 1a, clause (a), (c), (g), or (h);
or 609.345, subdivision 1, clause (a) or (c), or subdivision 1a, clause (a), (c), (g), or (h); or
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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to convictions
and revocations of probation, supervised release, or conditional release that occur on or
after that date and to convictions that are not yet final on that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 260B.198, subdivision 7, is amended to read:

Subd. 7.

Continuance.

(a) When it is in the best interests of the child to do so and not
inimical to public safety and when the child has admitted the allegations contained in the
petition before the judge or referee, or when a hearing has been held as provided for in
section 260B.163 and the allegations contained in the petition have been duly proven but,
in either case, before a finding of delinquency has been entered, the court may continue the
case for a period not to exceed 180 days on any one order. new text begin Except as otherwise provided in
paragraph (c), new text end the continuance may be extended for one additional successive period not to
exceed 180 days, but only with the consent of the prosecutor and only after the court has
reviewed the case and entered its order for the additional continuance without a finding of
delinquency. During a continuance the court may enter an order in accordance with the
provisions of subdivision 1, except clause (4), or enter an order to hold the child in detention
for a period not to exceed 15 days on any one order for the purpose of completing any
consideration, or any investigation or examination ordered in accordance with the provisions
of section 260B.157.

(b) A prosecutor may appeal a continuance ordered in contravention of this subdivision.
This subdivision does not extend the court's jurisdiction under section 260B.193 and does
not apply to an extended jurisdiction juvenile proceeding.

new text begin (c) A continuance granted under paragraph (a) for a violation of section 609.342; 609.343;
609.344; 609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23 or another offense
arising out of a delinquency petition based on one or more of those sections that would
require the child to register as a predatory offender under section 243.166 may be extended
for additional successive periods not to exceed a total of 24 months so the offender can
receive sex offender treatment, but only with the consent of the prosecutor and only after
the court has reviewed the case and entered its order for the additional continuance without
a finding of delinquency.
new text end