Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 285-S.F.No. 371 
           An act relating to crimes; child abduction; requiring 
          certain convicted sex and kidnapping offenders to 
          report a current address to probation officer 
          following release from prison; requiring the 
          publication of missing children bulletins; requiring 
          training concerning the investigation of missing 
          children cases; providing law enforcement officers 
          access to medical and dental records of missing 
          children; extending DNA analysis requirements to 
          persons sentenced as patterned sex offenders; changing 
          times for filing and dismissal of certain felony 
          charges; appropriating money; amending Minnesota 
          Statutes 1990, sections 13.82, by adding subdivisions; 
          299C.52, subdivisions 1, 3, and 6; 609.26, subdivision 
          5; and 609.3461; proposing coding for new law in 
          Minnesota Statutes, chapters 243 and 299C. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 13.82, is 
amended by adding a subdivision to read: 
    Subd. 14a.  [DATA ON REGISTERED CRIMINAL OFFENDERS.] Data 
described in section 3 shall be classified as described in that 
section. 
    Sec. 2.  Minnesota Statutes 1990, section 13.82, is amended 
by adding a subdivision to read: 
    Subd. 14b.  [DATA IN MISSING CHILDREN BULLETINS.] Data 
described in section 7 shall be classified as described in that 
section. 
    Sec. 3.  [243.166] [REGISTRATION OF SEX OFFENDERS.] 
    Subdivision 1.  [REGISTRATION REQUIRED.] A person shall 
comply with this section after being released from prison if:  
     (1) the person was sentenced to imprisonment following a 
conviction for kidnapping under section 609.25, criminal sexual 
conduct under section 609.342, 609.343, 609.344, or 609.345, 
solicitation of children to engage in sexual conduct under 
section 609.352, use of minors in a sexual performance under 
section 617.246, or solicitation of children to practice 
prostitution under section 609.322, and the offense was 
committed against a victim who was a minor; 
    (2) the person is not now required to register under 
section 243.165; and 
    (3) ten years have not yet elapsed since the person was 
released from imprisonment.  
    Subd. 2.  [NOTICE.] When a person who is required to 
register under this section is released, the commissioner of 
corrections shall tell the person of the duty to register under 
section 243.165 and this section.  The commissioner shall 
require the person to read and sign a form stating that the duty 
of the person to register under this section has been 
explained.  The commissioner shall obtain the address where the 
person expects to reside upon release and shall report within 
three days the address to the bureau of criminal apprehension.  
The commissioner shall give one copy of the form to the person, 
and shall send one copy to the bureau of criminal apprehension 
and one copy to the appropriate law enforcement agency having 
local jurisdiction where the person expects to reside upon 
release. 
    Subd. 3.  [REGISTRATION PROCEDURE.] (a) The person shall, 
within 14 days after the end of the term of supervised release, 
register with the probation officer assigned to the person at 
the end of that term.  
    (b) If the person changes residence address, the person 
shall give the new address to the last assigned probation 
officer in writing within ten days.  The probation officer 
shall, within three days after receipt of this information, 
forward it to the bureau of criminal apprehension.  
    Subd. 4.  [CONTENTS OF REGISTRATION.] The registration 
provided to the probation officer must consist of a statement in 
writing signed by the person, giving information required by the 
bureau of criminal apprehension, and a fingerprint card and 
photograph of the person if these have not already been obtained 
in connection with the offense that triggers registration.  
Within three days, the probation officer shall forward the 
statement, fingerprint card, and photograph to the bureau of 
criminal apprehension. 
    Subd. 5.  [CRIMINAL PENALTY.] A person required to register 
under this section who violates any of its provisions is guilty 
of a misdemeanor.  
    Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
provisions of section 609.165, subdivision 1, a person required 
to register under this section shall continue to comply with 
this section until ten years have elapsed since the person was 
released from imprisonment.  
    (b) If a person required to register under this section 
fails to register following a change in address, the 
commissioner of public safety may require the person to continue 
to register for an additional period of five years. 
    Subd. 7.  [USE OF INFORMATION.] The information provided 
under this section is private data on individuals under section 
13.01, subdivision 12.  The information may be used only for law 
enforcement purposes. 
    Sec. 4.  Minnesota Statutes 1990, section 299C.52, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in sections 
299C.52 and 299C.53 to section 9, the following terms have the 
meanings given them:  
    (a) "Child" means any person under the age of 18 years or 
any person certified or known to be mentally incompetent; 
    (b) "CJIS" means Minnesota criminal justice information 
system; 
    (c) "Missing" means the status of a child after a law 
enforcement agency that has received a report of a missing child 
has conducted a preliminary investigation and determined that 
the child cannot be located; and 
    (d) "NCIC" means National Crime Information Center. 
    Sec. 5.  Minnesota Statutes 1990, section 299C.52, 
subdivision 3, is amended to read: 
    Subd. 3.  [COMPUTER EQUIPMENT AND PROGRAMS.] The 
commissioner shall provide the necessary computer hardware and 
computer programs to enter, modify, and cancel information on 
missing children in the NCIC computer through the CJIS.  These 
programs must provide for search and retrieval of information 
using the following identifiers:  physical description, name and 
date of birth, name and social security number, name and 
driver's license number, vehicle license number, and vehicle 
identification number.  The commissioner shall also provide a 
system for regional, statewide, multistate, and nationwide 
broadcasts of information on missing children.  These broadcasts 
shall be made by local law enforcement agencies where possible 
or, in the case of statewide or nationwide broadcasts, by the 
bureau of criminal apprehension upon request of the local law 
enforcement agency.  
    Sec. 6.  Minnesota Statutes 1990, section 299C.52, 
subdivision 6, is amended to read: 
    Subd. 6.  [RULES.] The commissioner may adopt rules in 
conformance with sections 299C.52 and 299C.53 to section 9 to 
provide for the orderly collection and entry of missing child 
information and requests for retrieval of missing child 
information. 
    Sec. 7.  [299C.54] [MISSING CHILDREN BULLETINS.] 
    Subdivision 1.  [MISSING CHILDREN BULLETIN.] The 
commissioner shall distribute a missing children bulletin on a 
quarterly basis to local law enforcement agencies, county 
attorneys, and public and nonpublic schools.  The commissioner 
shall also make this information accessible to other parties 
involved in efforts to locate missing children and to other 
persons as the commissioner considers appropriate. 
    Subd. 2.  [PHOTOGRAPHS.] The commissioner shall provide 
appropriate local law enforcement agencies with a list of 
missing children, with an appropriate waiver form to assist the 
agency in obtaining a photograph of each missing child.  Local 
agencies shall obtain the most recent photograph available for 
missing children and forward those photographs to the 
commissioner.  The commissioner shall include these photographs, 
as they become available, in the quarterly bulletins. 
    Subd. 3.  [INCLUDED WITH MAILINGS.] State and local elected 
officials and agencies may enclose in their mailings information 
regarding missing children obtained from law enforcement 
agencies or from any organization that is recognized as a 
nonprofit, tax-exempt organization under state or federal law 
and has an ongoing missing children program.  Elected officials 
and commissioners of state agencies are urged to develop 
policies to enclose missing children information in mailings 
when it will not increase postage costs and is otherwise 
considered appropriate. 
    Subd. 4.  [DATA CLASSIFICATION.] The information included 
in the missing children bulletin is public data as defined in 
section 13.01, subdivision 15.  
    Sec. 8.  [299C.55] [TRAINING.] 
    The commissioner shall adopt standards for training 
appropriate personnel concerning the investigation of missing 
children cases.  
    Sec. 9.  [299C.56] [RELEASE OF MEDICAL DATA.] 
    Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
section, the following terms have the meanings given. 
    (b) "Health care facility" means the office of a dentist or 
physician, or another medical facility, that is in possession of 
identifying data. 
    (c) "Identifying data" means dental or skeletal X-rays, or 
both, and related information, previously created in the course 
of providing dental or medical care to a child who has now been 
reported as missing. 
    Subd. 2.  [WRITTEN DECLARATION.] If a child is reported 
missing, a law enforcement agency may execute a written 
declaration, stating that an active investigation seeking the 
location of the missing child is being conducted, and that the 
identifying data are necessary for the exclusive purpose of 
furthering the investigation.  Notwithstanding chapter 13 or 
section 144.651, subdivision 16, when a written declaration 
executed under this subdivision, signed by a peace officer, is 
presented to a health care facility, the facility shall provide 
access to the missing child's identifying data to the law 
enforcement agency. 
     Sec. 10.  Minnesota Statutes 1990, section 609.26, 
subdivision 5, is amended to read: 
    Subd. 5.  [DISMISSAL OF CHARGE.] A felony charge brought 
under this section shall be dismissed if:  
    (a) the person voluntarily returns the child within 14 days 
48 hours after taking, detaining, or failing to return the child 
in violation of this section; or 
    (b)(1) the person taking the action and the child have not 
left the state of Minnesota; and (2) within a period of 14 seven 
days after taking the action, (i) a motion or proceeding under 
chapter 518, 518A, 518B, or 518C is commenced by the person 
taking the action, or (ii) the attorney representing the person 
taking the action has consented to service of process by the 
party whose rights are being deprived, for any motion or action 
pursuant to chapter 518, 518A, 518B, or 518C.  
    Clause (a) does not apply if the person returns the child 
as a result of being located by law enforcement authorities. 
    This subdivision does not prohibit the filing of felony 
charges or an offense report before the expiration of the 14 
days 48 hours. 
    Sec. 11.  Minnesota Statutes 1990, section 609.3461, is 
amended to read: 
    609.3461 [DNA ANALYSIS OF SEX OFFENDERS REQUIRED.] 
    When a court sentences a person convicted of violating or 
attempting to violate section 609.342, 609.343, 609.344, or 
609.345, or when a court sentences a person as a patterned sex 
offender pursuant to section 609.1352, or the juvenile court 
adjudicates a person a delinquent child for violating or 
attempting to violate section 609.342, 609.343, 609.344, or 
609.345, it shall order the person to provide a biological 
specimen for the purpose of DNA analysis as defined in section 
299C.155.  The biological specimen or the results of the 
analysis shall be maintained by the bureau of criminal 
apprehension as provided in section 299C.155.  If a person 
convicted of violating or attempting to violate section 609.342, 
609.343, 609.344, or 609.345, or sentenced as a patterned sex 
offender pursuant to section 609.1352, and committed to the 
custody of the commissioner of corrections for a term of 
imprisonment has not provided a biological specimen for the 
purpose of DNA analysis, the commissioner of corrections or 
local corrections authority shall order the person to provide a 
biological specimen for the purpose of DNA analysis before 
completion of the person's term of imprisonment.  The 
commissioner of corrections or local corrections authority shall 
forward the sample to the bureau of criminal apprehension. 
     Sec. 12.  [APPROPRIATION.] 
    $314,000 is appropriated to the commissioner of public 
safety, bureau of criminal apprehension, to implement sections 1 
to 9.  $228,000 is for fiscal year 1992 and $86,000 is for 
fiscal year 1993.  The approved complement of the department of 
public safety is increased by two positions. 
     Sec. 13.  [EFFECTIVE DATE.] 
    (a) Section 3 is effective August 1, 1991, and applies to 
offenders released from imprisonment on or after that date.  
However, if the application of section 3 to offenders for crimes 
committed before August 1, 1991, is held unconstitutional under 
the ex post facto provisions of the Minnesota or United States 
constitutions, section 3 applies only to offenders who committed 
crimes listed in section 3 after August 1, 1991. 
    (b) Sections 1, 2, and 4 to 11 are effective August 1, 
1991, and apply to crimes committed and persons reported missing 
on or after that date. 
    Presented to the governor May 29, 1991 
    Signed by the governor June 1, 1991, 4:00 p.m.