Bill Text: MN HF807 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Predatory offender registration limited for persons under the age of 18 years, and time period and renewals allowed for a continuance without adjudication in a juvenile delinquency case extended.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2014-04-25 - Author added Johnson, S. [HF807 Detail]
Download: Minnesota-2013-HF807-Engrossed.html
1.2relating to public safety; limiting predatory offender registration for certain
1.3persons under the age of 18 years; extending the time period and renewals
1.4allowed for a continuance without adjudication in a juvenile delinquency case;
1.5amending Minnesota Statutes 2012, sections 243.166, subdivisions 1b, 2, 6;
1.6260B.198, subdivision 7.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 243.166, subdivision 1b, is amended to read:
1.9 Subd. 1b. Registration required. (a) A person who at the time of committing an
1.10offense described in clauses (1) to (4) was under the age of 18 years shall register under
1.11this section if:
1.12(1) the person was charged with or petitioned for a felony violation of or attempt to
1.13violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
1.14of or adjudicated delinquent for that offense or another offense arising out of the same
1.15set of circumstances:
1.16(i) murder under section609.185 , paragraph (a), clause (2);
1.17(ii) kidnapping under section609.25 ;
1.18(iii) criminal sexual conduct under section609.342 ;
609.343 ;
609.344 ;
609.345 ;
1.19609.3451, subdivision 3
; or
609.3453 ; or
1.20(iv) indecent exposure under section617.23, subdivision 3 ;
1.21(2) the person was charged with or petitioned for a violation of, or attempt to
1.22violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of section
1.23609.2325, subdivision 1
, paragraph (b), false imprisonment in violation of section
1.24609.255, subdivision 2
; soliciting a minor to engage in prostitution in violation of section
1.25609.322
or
609.324 ; soliciting a minor to engage in sexual conduct in violation of
2.1section609.352 ; using a minor in a sexual performance in violation of section
617.246 ;
2.2or possessing pornographic work involving a minor in violation of section617.247 , and
2.3convicted of or adjudicated delinquent for that offense or another offense arising out
2.4of the same set of circumstances;
2.5(3) the person was sentenced as a patterned sex offender under section609.3455,
2.6subdivision 3a ; or
2.7(4) the person was convicted of or adjudicated delinquent for, including pursuant
2.8to a court martial, violating a law of the United States, including the Uniform Code of
2.9Military Justice, similar to the offenses described in clause (1), (2), or (3).
2.10(b) A person also shall register under this section if:
2.11(1) the person was convicted of or adjudicated delinquent in another state for an
2.12offense that would be a violation of a law described in paragraph (a) if committed in
2.13this state;
2.14(2) the person enters this state to reside, work, or attend school, or enters this state
2.15and remains for 14 days or longer; and
2.16(3) ten years have not elapsed since the person was released from confinement
2.17or, if the person was not confined, since the person was convicted of or adjudicated
2.18delinquent for the offense that triggers registration, unless the person is subject to a longer
2.19registration period under the laws of another state in which the person has been convicted
2.20or adjudicated, or is subject to lifetime registration.
2.21If a person described in this paragraph is subject to a longer registration period
2.22in another state or is subject to lifetime registration, the person shall register for that
2.23time period regardless of when the person was released from confinement, convicted, or
2.24adjudicated delinquent.
2.25(c) A person also shall register under this section if the person was committed
2.26pursuant to a court commitment order under section253B.185 or Minnesota Statutes
2.271992, section526.10 , or a similar law of another state or the United States, regardless of
2.28whether the person was convicted of any offense.
2.29(d) A person also shall register under this section if:
2.30(1) the person was charged with or petitioned for a felony violation or attempt to
2.31violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another
2.32state or the United States, or the person was charged with or petitioned for a violation of
2.33any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or
2.34the United States;
3.1(2) the person was found not guilty by reason of mental illness or mental deficiency
3.2after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
3.3states with a guilty but mentally ill verdict; and
3.4(3) the person was committed pursuant to a court commitment order under section
3.5253B.18
or a similar law of another state or the United States.
3.6 (e) A person who at the time of committing an offense described in clauses (1) to (5)
3.7was under the age of 18 years shall register under this section if:
3.8 (1) the person was charged with a felony violation of or attempt to violate, or aiding,
3.9abetting, or conspiracy to commit any crime described in this subdivision, certified to be
3.10tried as an adult pursuant to section 260B.125, and convicted of that offense or another
3.11offense arising out of the same set of circumstances;
3.12 (2) the person was charged with a felony violation of or attempt to violate, or aiding,
3.13abetting, or conspiracy to commit any crime described in this subdivision, designated an
3.14extended jurisdiction juvenile offender and convicted or adjudicated of that offense or
3.15another felony offense arising out of the same set of circumstances;
3.16 (3) the person was found to have committed murder under section 609.185,
3.17paragraph (a), clause (2); kidnapping under section 609.25; criminal sexual conduct
3.18under section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), (g), or (h); 609.343,
3.19subdivision 1, paragraph (a), (c), (d), (e), (f), (g), or (h); 609.344, subdivision 1, paragraph
3.20(c), (d), (f), or (g); or 609.345, subdivision 1, paragraph (c), (d), (f), or (g); or criminal
3.21sexual predatory conduct under section 609.3453;
3.22 (4) the person was found to have committed criminal sexual conduct under section
3.23609.343, subdivision 1, paragraph (a); 609.344, subdivision 1, paragraph (a) or (b);
3.24609.345, subdivision 1, paragraph (a); 609.3451, subdivision 3; 617.23, subdivision 3; or
3.25an offense described in paragraph (a), clause (2); and the offense was committed after the
3.26person had previously been found to have committed any offense described in paragraph
3.27(a), clause (1) or (2); or
3.28 (5) the person was found to have committed any crime described in this subdivision
3.29and the court finds on its own motion, or that of the prosecutor, that it is in the interests of
3.30public safety to require registration.
3.31EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
3.32offenses committed on or after that date.
3.33 Sec. 2. Minnesota Statutes 2012, section 243.166, subdivision 2, is amended to read:
3.34 Subd. 2. Notice. When a person who is required to register under subdivision 1b,
3.35paragraph (a) or (e), is sentenced or becomes subject to a juvenile court disposition order,
4.1the court shall tell the person of the duty to register under this section and that, if the
4.2person fails to comply with the registration requirements, information about the offender
4.3may be made available to the public through electronic, computerized, or other accessible
4.4means. The court may not modify the person's duty to register in the pronounced sentence
4.5or disposition order. The court shall require the person to read and sign a form stating
4.6that the duty of the person to register under this section has been explained. The court
4.7shall forward the signed sex offender registration form, the complaint, and sentencing
4.8documents to the bureau. If a person required to register under subdivision 1b, paragraph
4.9(a) or (e), was not notified by the court of the registration requirement at the time of
4.10sentencing or disposition, the assigned corrections agent shall notify the person of the
4.11requirements of this section. When a person who is required to register under subdivision
4.121b, paragraph (c) or (d), is released from commitment, the treatment facility shall notify
4.13the person of the requirements of this section. The treatment facility shall also obtain the
4.14registration information required under this section and forward it to the bureau.
4.15EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
4.16offenses committed on or after that date.
4.17 Sec. 3. Minnesota Statutes 2012, section 243.166, subdivision 6, is amended to read:
4.18 Subd. 6. Registration period. (a) Notwithstanding the provisions of section
4.19609.165, subdivision 1
, and except as provided in paragraphs (b), (c), and (d), a person
4.20required to register under this section shall continue to comply with this section until ten
4.21years have elapsed since the person initially registered in connection with the offense, or
4.22until the probation, supervised release, or conditional release period expires, whichever
4.23occurs later. For a person required to register under this section who is committed under
4.24section253B.18 or
253B.185 , the ten-year registration period does not include the period
4.25of commitment.
4.26 (b) If a person required to register under this section fails to provide the person's
4.27primary address as required by subdivision 3, paragraph (b), fails to comply with the
4.28requirements of subdivision 3a, fails to provide information as required by subdivision
4.294a, or fails to return the verification form referenced in subdivision 4 within ten days,
4.30the commissioner of public safety may require the person to continue to register for an
4.31additional period of five years. This five-year period is added to the end of the offender's
4.32registration period.
4.33 (c) If a person required to register under this section is subsequently incarcerated
4.34following a conviction for a new offense or following a revocation of probation, supervised
4.35release, or conditional release for any offense, the person shall continue to register until ten
5.1years have elapsed since the person was last released from incarceration or until the person's
5.2probation, supervised release, or conditional release period expires, whichever occurs later.
5.3 (d) A person shall continue to comply with this section for the life of that person:
5.4 (1) if the person is convicted of or adjudicated delinquent for any offense for which
5.5registration is required under subdivision 1b, or any offense from another state or any
5.6federal offense similar to the offenses described in subdivision 1b, and the person has a
5.7prior conviction or adjudication for an offense for which registration was or would have
5.8been required under subdivision 1b, or an offense from another state or a federal offense
5.9similar to an offense described in subdivision 1b;
5.10 (2) if the person is required to register based upon a conviction or delinquency
5.11adjudication for an offense under section609.185 , paragraph (a), clause (2), or a similar
5.12statute from another state or the United States;
5.13 (3) if the person is required to register based upon a conviction for an offense under
5.14section609.342, subdivision 1 , paragraph (a), (c), (d), (e), (f), or (h);
609.343, subdivision
5.151 , paragraph (a), (c), (d), (e), (f), or (h);
609.344, subdivision 1 , paragraph (a), (c), or (g);
5.16or609.345, subdivision 1 , paragraph (a), (c), or (g); or a statute from another state or the
5.17United States similar to the offenses described in this clause; or
5.18 (4) if the person is required to register under subdivision 1b, paragraph (c), following
5.19commitment pursuant to a court commitment under section253B.185 or a similar law of
5.20another state or the United States.
5.21A person is not required to register for life under clause (1) based on an adjudication of
5.22delinquency that requires the person to register under subdivision 1b, paragraph (e), clause
5.23(4), unless the person had previously been required to register under this section.
5.24 (e) A person described in subdivision 1b, paragraph (b), who is required to register
5.25under the laws of a state in which the person has been previously convicted or adjudicated
5.26delinquent, shall register under this section for the time period required by the state of
5.27conviction or adjudication unless a longer time period is required elsewhere in this section.
5.28EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.29committed on or after that date.
5.30 Section 4. Minnesota Statutes 2012, section 260B.198, subdivision 7, is amended to
5.31read:
5.32 Subd. 7. Continuance. (a) When it is in the best interests of the child to do so and
5.33not inimical to public safety and when the child has admitted the allegations contained in
5.34the petition before the judge or referee, or when a hearing has been held as provided for in
6.1section260B.163 and the allegations contained in the petition have been duly proven but,
6.2in either case, before a finding of delinquency has been entered, the court may continue
6.3the case for a period not to exceed90 180 days on any one order. Such a continuance may
6.4be extended for one additional successive period not to exceed 90 days and only after the
6.5court has reviewed the case and entered its order for an additional continuance without
6.6a finding of delinquency. The continuance may be renewed for up to three additional
6.7successive periods not to exceed 180 days each, but only with the consent of the prosecutor
6.8and only after the court has reviewed the case and entered its order for each additional
6.9continuance without a finding of delinquency. Duringthis a continuance the court may
6.10enter an order in accordance with the provisions of subdivision 1,clause (1) or (2) except
6.11clause (4), or enter an order to hold the child in detention for a period not to exceed 15 days
6.12on any one order for the purpose of completing any consideration, or any investigation or
6.13examination ordered in accordance with the provisions of section260B.157 .
6.14(b) A prosecutor may appeal a continuance ordered in contravention of this
6.15subdivision. This subdivision does not extend the court's jurisdiction under section
6.16260B.193 and does not apply to an extended jurisdiction juvenile proceeding.
6.17EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
6.18offenses committed on or after that date.
1.3persons under the age of 18 years; extending the time period and renewals
1.4allowed for a continuance without adjudication in a juvenile delinquency case;
1.5amending Minnesota Statutes 2012, sections 243.166, subdivisions 1b, 2, 6;
1.6260B.198, subdivision 7.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 243.166, subdivision 1b, is amended to read:
1.9 Subd. 1b. Registration required. (a) A person who at the time of committing an
1.10offense described in clauses (1) to (4) was under the age of 18 years shall register under
1.11this section if:
1.12(1) the person was charged with or petitioned for a felony violation of or attempt to
1.13violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
1.14of or adjudicated delinquent for that offense or another offense arising out of the same
1.15set of circumstances:
1.16(i) murder under section
1.17(ii) kidnapping under section
1.18(iii) criminal sexual conduct under section
1.20(iv) indecent exposure under section
1.21(2) the person was charged with or petitioned for a violation of, or attempt to
1.22violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of section
2.1section
2.2or possessing pornographic work involving a minor in violation of section
2.3convicted of or adjudicated delinquent for that offense or another offense arising out
2.4of the same set of circumstances;
2.5(3) the person was sentenced as a patterned sex offender under section
2.6subdivision 3a
2.7(4) the person was convicted of or adjudicated delinquent for, including pursuant
2.8to a court martial, violating a law of the United States, including the Uniform Code of
2.9Military Justice, similar to the offenses described in clause (1), (2), or (3).
2.10(b) A person also shall register under this section if:
2.11(1) the person was convicted of or adjudicated delinquent in another state for an
2.12offense that would be a violation of a law described in paragraph (a) if committed in
2.13this state;
2.14(2) the person enters this state to reside, work, or attend school, or enters this state
2.15and remains for 14 days or longer; and
2.16(3) ten years have not elapsed since the person was released from confinement
2.17or, if the person was not confined, since the person was convicted of or adjudicated
2.18delinquent for the offense that triggers registration, unless the person is subject to a longer
2.19registration period under the laws of another state in which the person has been convicted
2.20or adjudicated, or is subject to lifetime registration.
2.21If a person described in this paragraph is subject to a longer registration period
2.22in another state or is subject to lifetime registration, the person shall register for that
2.23time period regardless of when the person was released from confinement, convicted, or
2.24adjudicated delinquent.
2.25(c) A person also shall register under this section if the person was committed
2.26pursuant to a court commitment order under section
2.271992, section
2.28whether the person was convicted of any offense.
2.29(d) A person also shall register under this section if:
2.30(1) the person was charged with or petitioned for a felony violation or attempt to
2.31violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another
2.32state or the United States, or the person was charged with or petitioned for a violation of
2.33any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or
2.34the United States;
3.1(2) the person was found not guilty by reason of mental illness or mental deficiency
3.2after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
3.3states with a guilty but mentally ill verdict; and
3.4(3) the person was committed pursuant to a court commitment order under section
3.6 (e) A person who at the time of committing an offense described in clauses (1) to (5)
3.7was under the age of 18 years shall register under this section if:
3.8 (1) the person was charged with a felony violation of or attempt to violate, or aiding,
3.9abetting, or conspiracy to commit any crime described in this subdivision, certified to be
3.10tried as an adult pursuant to section 260B.125, and convicted of that offense or another
3.11offense arising out of the same set of circumstances;
3.12 (2) the person was charged with a felony violation of or attempt to violate, or aiding,
3.13abetting, or conspiracy to commit any crime described in this subdivision, designated an
3.14extended jurisdiction juvenile offender and convicted or adjudicated of that offense or
3.15another felony offense arising out of the same set of circumstances;
3.16 (3) the person was found to have committed murder under section 609.185,
3.17paragraph (a), clause (2); kidnapping under section 609.25; criminal sexual conduct
3.18under section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), (g), or (h); 609.343,
3.19subdivision 1, paragraph (a), (c), (d), (e), (f), (g), or (h); 609.344, subdivision 1, paragraph
3.20(c), (d), (f), or (g); or 609.345, subdivision 1, paragraph (c), (d), (f), or (g); or criminal
3.21sexual predatory conduct under section 609.3453;
3.22 (4) the person was found to have committed criminal sexual conduct under section
3.23609.343, subdivision 1, paragraph (a); 609.344, subdivision 1, paragraph (a) or (b);
3.24609.345, subdivision 1, paragraph (a); 609.3451, subdivision 3; 617.23, subdivision 3; or
3.25an offense described in paragraph (a), clause (2); and the offense was committed after the
3.26person had previously been found to have committed any offense described in paragraph
3.27(a), clause (1) or (2); or
3.28 (5) the person was found to have committed any crime described in this subdivision
3.29and the court finds on its own motion, or that of the prosecutor, that it is in the interests of
3.30public safety to require registration.
3.31EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
3.32offenses committed on or after that date.
3.33 Sec. 2. Minnesota Statutes 2012, section 243.166, subdivision 2, is amended to read:
3.34 Subd. 2. Notice. When a person who is required to register under subdivision 1b,
3.35paragraph (a) or (e), is sentenced or becomes subject to a juvenile court disposition order,
4.1the court shall tell the person of the duty to register under this section and that, if the
4.2person fails to comply with the registration requirements, information about the offender
4.3may be made available to the public through electronic, computerized, or other accessible
4.4means. The court may not modify the person's duty to register in the pronounced sentence
4.5or disposition order. The court shall require the person to read and sign a form stating
4.6that the duty of the person to register under this section has been explained. The court
4.7shall forward the signed sex offender registration form, the complaint, and sentencing
4.8documents to the bureau. If a person required to register under subdivision 1b, paragraph
4.9(a) or (e), was not notified by the court of the registration requirement at the time of
4.10sentencing or disposition, the assigned corrections agent shall notify the person of the
4.11requirements of this section. When a person who is required to register under subdivision
4.121b, paragraph (c) or (d), is released from commitment, the treatment facility shall notify
4.13the person of the requirements of this section. The treatment facility shall also obtain the
4.14registration information required under this section and forward it to the bureau.
4.15EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
4.16offenses committed on or after that date.
4.17 Sec. 3. Minnesota Statutes 2012, section 243.166, subdivision 6, is amended to read:
4.18 Subd. 6. Registration period. (a) Notwithstanding the provisions of section
4.20required to register under this section shall continue to comply with this section until ten
4.21years have elapsed since the person initially registered in connection with the offense, or
4.22until the probation, supervised release, or conditional release period expires, whichever
4.23occurs later. For a person required to register under this section who is committed under
4.24section
4.25of commitment.
4.26 (b) If a person required to register under this section fails to provide the person's
4.27primary address as required by subdivision 3, paragraph (b), fails to comply with the
4.28requirements of subdivision 3a, fails to provide information as required by subdivision
4.294a, or fails to return the verification form referenced in subdivision 4 within ten days,
4.30the commissioner of public safety may require the person to continue to register for an
4.31additional period of five years. This five-year period is added to the end of the offender's
4.32registration period.
4.33 (c) If a person required to register under this section is subsequently incarcerated
4.34following a conviction for a new offense or following a revocation of probation, supervised
4.35release, or conditional release for any offense, the person shall continue to register until ten
5.1years have elapsed since the person was last released from incarceration or until the person's
5.2probation, supervised release, or conditional release period expires, whichever occurs later.
5.3 (d) A person shall continue to comply with this section for the life of that person:
5.4 (1) if the person is convicted of or adjudicated delinquent for any offense for which
5.5registration is required under subdivision 1b, or any offense from another state or any
5.6federal offense similar to the offenses described in subdivision 1b, and the person has a
5.7prior conviction or adjudication for an offense for which registration was or would have
5.8been required under subdivision 1b, or an offense from another state or a federal offense
5.9similar to an offense described in subdivision 1b;
5.10 (2) if the person is required to register based upon a conviction or delinquency
5.11adjudication for an offense under section
5.12statute from another state or the United States;
5.13 (3) if the person is required to register based upon a conviction for an offense under
5.14section
5.151
5.16or
5.17United States similar to the offenses described in this clause; or
5.18 (4) if the person is required to register under subdivision 1b, paragraph (c), following
5.19commitment pursuant to a court commitment under section
5.20another state or the United States.
5.21A person is not required to register for life under clause (1) based on an adjudication of
5.22delinquency that requires the person to register under subdivision 1b, paragraph (e), clause
5.23(4), unless the person had previously been required to register under this section.
5.24 (e) A person described in subdivision 1b, paragraph (b), who is required to register
5.25under the laws of a state in which the person has been previously convicted or adjudicated
5.26delinquent, shall register under this section for the time period required by the state of
5.27conviction or adjudication unless a longer time period is required elsewhere in this section.
5.28EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.29committed on or after that date.
5.30 Section 4. Minnesota Statutes 2012, section 260B.198, subdivision 7, is amended to
5.31read:
5.32 Subd. 7. Continuance. (a) When it is in the best interests of the child to do so and
5.33not inimical to public safety and when the child has admitted the allegations contained in
5.34the petition before the judge or referee, or when a hearing has been held as provided for in
6.1section
6.2in either case, before a finding of delinquency has been entered, the court may continue
6.3the case for a period not to exceed
6.4
6.5
6.6
6.7successive periods not to exceed 180 days each, but only with the consent of the prosecutor
6.8and only after the court has reviewed the case and entered its order for each additional
6.9continuance without a finding of delinquency. During
6.10enter an order in accordance with the provisions of subdivision 1,
6.11clause (4), or enter an order to hold the child in detention for a period not to exceed 15 days
6.12on any one order for the purpose of completing any consideration, or any investigation or
6.13examination ordered in accordance with the provisions of section
6.14(b) A prosecutor may appeal a continuance ordered in contravention of this
6.15subdivision. This subdivision does not extend the court's jurisdiction under section
6.16260B.193 and does not apply to an extended jurisdiction juvenile proceeding.
6.17EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
6.18offenses committed on or after that date.
