1.1.................... moves to amend H.F. No. 807, the delete everything amendment
1.2(H0807DE1), as follows:
1.3Page 1, after line 2, insert:
1.4 "Section 1. Minnesota Statutes 2012, section 243.166, subdivision 1b, is amended to
1.5read:
1.6 Subd. 1b.
Registration required. (a) A person
who at the time of committing an
1.7offense described in clauses (1) to (4) was under the age of 18 years shall register under
1.8this section if:
1.9(1) the person was charged with or petitioned for a felony violation of or attempt to
1.10violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
1.11of or adjudicated delinquent for that offense or another offense arising out of the same
1.12set of circumstances:
1.13(i) murder under section
609.185, paragraph (a), clause (2);
1.14(ii) kidnapping under section
609.25;
1.15(iii) criminal sexual conduct under section
609.342;
609.343;
609.344;
609.345;
1.16609.3451, subdivision 3
; or
609.3453; or
1.17(iv) indecent exposure under section
617.23, subdivision 3;
1.18(2) the person was charged with or petitioned for a violation of, or attempt to
1.19violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of section
1.20609.2325, subdivision 1
, paragraph (b), false imprisonment in violation of section
1.21609.255, subdivision 2
; soliciting a minor to engage in prostitution in violation of section
1.22609.322
or
609.324; soliciting a minor to engage in sexual conduct in violation of
1.23section
609.352; using a minor in a sexual performance in violation of section
617.246;
1.24or possessing pornographic work involving a minor in violation of section
617.247, and
1.25convicted of or adjudicated delinquent for that offense or another offense arising out
1.26of the same set of circumstances;
2.1(3) the person was sentenced as a patterned sex offender under section
609.3455,
2.2subdivision 3a
; or
2.3(4) the person was convicted of or adjudicated delinquent for, including pursuant
2.4to a court martial, violating a law of the United States, including the Uniform Code of
2.5Military Justice, similar to the offenses described in clause (1), (2), or (3).
2.6(b) A person also shall register under this section if:
2.7(1) the person was convicted of or adjudicated delinquent in another state for an
2.8offense that would be a violation of a law described in paragraph (a) if committed in
2.9this state;
2.10(2) the person enters this state to reside, work, or attend school, or enters this state
2.11and remains for 14 days or longer; and
2.12(3) ten years have not elapsed since the person was released from confinement
2.13or, if the person was not confined, since the person was convicted of or adjudicated
2.14delinquent for the offense that triggers registration, unless the person is subject to a longer
2.15registration period under the laws of another state in which the person has been convicted
2.16or adjudicated, or is subject to lifetime registration.
2.17If a person described in this paragraph is subject to a longer registration period
2.18in another state or is subject to lifetime registration, the person shall register for that
2.19time period regardless of when the person was released from confinement, convicted, or
2.20adjudicated delinquent.
2.21(c) A person also shall register under this section if the person was committed
2.22pursuant to a court commitment order under section
253B.185 or Minnesota Statutes
2.231992, section
526.10, or a similar law of another state or the United States, regardless of
2.24whether the person was convicted of any offense.
2.25(d) A person also shall register under this section if:
2.26(1) the person was charged with or petitioned for a felony violation or attempt to
2.27violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another
2.28state or the United States, or the person was charged with or petitioned for a violation of
2.29any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or
2.30the United States;
2.31(2) the person was found not guilty by reason of mental illness or mental deficiency
2.32after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
2.33states with a guilty but mentally ill verdict; and
2.34(3) the person was committed pursuant to a court commitment order under section
2.35253B.18
or a similar law of another state or the United States.
3.1 (e) A person who at the time of committing an offense described in clauses (1) to (5)
3.2was under the age of 18 years shall register under this section if:
3.3 (1) the person was charged with a felony violation of or attempt to violate, or aiding,
3.4abetting, or conspiracy to commit any crime described in this subdivision, certified to be
3.5tried as an adult pursuant to section 260B.125, and convicted of that offense or another
3.6offense arising out of the same set of circumstances;
3.7 (2) the person was charged with a felony violation of or attempt to violate, or aiding,
3.8abetting, or conspiracy to commit any crime described in this subdivision, designated an
3.9extended jurisdiction juvenile offender and convicted of that offense or another felony
3.10offense arising out of the same set of circumstances;
3.11 (3) the person was found to have committed murder under section 609.185,
3.12paragraph (a), clause (2); kidnapping under section 609.25; criminal sexual conduct under
3.13section 609.342, subdivision 1, paragraph (c), (d), (e), (f), (g), or (h); 609.343, subdivision
3.141, paragraph (c), (d), (e), (f), (g), or (h); 609.344, subdivision 1, paragraph (c), (d), (f), or
3.15(g); or 609.345, subdivision 1, paragraph (c), (d), (f), or (g); or criminal sexual predatory
3.16conduct under section 609.3453;
3.17 (4) the person was found to have committed criminal sexual conduct under section
3.18609.342, subdivision 1, paragraph (a); 609.343, subdivision 1, paragraph (a); 609.344,
3.19subdivision 1, paragraph (a) or (b); 609.345, subdivision 1, paragraph (a); 609.3451,
3.20subdivision 3; 617.23, subdivision 3; or an offense described in paragraph (a), clause
3.21(2); and the offense was committed after the person had previously been found to have
3.22committed any offense described in paragraph (a), clause (1) or (2); or
3.23 (5) the person was found to have committed any crime described in this subdivision
3.24and the court finds on its own motion, or that of the prosecutor, that it is in the interests of
3.25public safety to require registration.
3.26EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
3.27offenses committed on or after that date.
3.28 Sec. 2. Minnesota Statutes 2012, section 243.166, subdivision 2, is amended to read:
3.29 Subd. 2.
Notice. When a person who is required to register under subdivision 1b,
3.30paragraph (a)
or (e), is sentenced or becomes subject to a juvenile court disposition order,
3.31the court shall tell the person of the duty to register under this section and that, if the
3.32person fails to comply with the registration requirements, information about the offender
3.33may be made available to the public through electronic, computerized, or other accessible
3.34means. The court may not modify the person's duty to register in the pronounced sentence
3.35or disposition order. The court shall require the person to read and sign a form stating
4.1that the duty of the person to register under this section has been explained. The court
4.2shall forward the signed sex offender registration form, the complaint, and sentencing
4.3documents to the bureau. If a person required to register under subdivision 1b, paragraph
4.4(a)
or (e), was not notified by the court of the registration requirement at the time of
4.5sentencing or disposition, the assigned corrections agent shall notify the person of the
4.6requirements of this section. When a person who is required to register under subdivision
4.71b, paragraph (c) or (d), is released from commitment, the treatment facility shall notify
4.8the person of the requirements of this section. The treatment facility shall also obtain the
4.9registration information required under this section and forward it to the bureau.
4.10EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
4.11offenses committed on or after that date.
4.12 Sec. 3. Minnesota Statutes 2012, section 243.166, subdivision 6, is amended to read:
4.13 Subd. 6.
Registration period. (a) Notwithstanding the provisions of section
4.14609.165, subdivision 1
, and except as provided in paragraphs (b), (c), and (d), a person
4.15required to register under this section shall continue to comply with this section until ten
4.16years have elapsed since the person initially registered in connection with the offense, or
4.17until the probation, supervised release, or conditional release period expires, whichever
4.18occurs later. For a person required to register under this section who is committed under
4.19section
253B.18 or
253B.185, the ten-year registration period does not include the period
4.20of commitment.
4.21 (b) If a person required to register under this section fails to provide the person's
4.22primary address as required by subdivision 3, paragraph (b), fails to comply with the
4.23requirements of subdivision 3a, fails to provide information as required by subdivision
4.244a, or fails to return the verification form referenced in subdivision 4 within ten days,
4.25the commissioner of public safety may require the person to continue to register for an
4.26additional period of five years. This five-year period is added to the end of the offender's
4.27registration period.
4.28 (c) If a person required to register under this section is subsequently incarcerated
4.29following a conviction for a new offense or following a revocation of probation, supervised
4.30release, or conditional release for any offense, the person shall continue to register until ten
4.31years have elapsed since the person was last released from incarceration or until the person's
4.32probation, supervised release, or conditional release period expires, whichever occurs later.
4.33 (d) A person shall continue to comply with this section for the life of that person:
4.34 (1) if the person is convicted of or adjudicated delinquent for any offense for which
4.35registration is required under subdivision 1b, or any offense from another state or any
5.1federal offense similar to the offenses described in subdivision 1b, and the person has a
5.2prior conviction or adjudication for an offense for which registration was or would have
5.3been required under subdivision 1b, or an offense from another state or a federal offense
5.4similar to an offense described in subdivision 1b;
5.5 (2) if the person is required to register based upon a conviction or delinquency
5.6adjudication for an offense under section
609.185, paragraph (a), clause (2), or a similar
5.7statute from another state or the United States;
5.8 (3) if the person is required to register based upon a conviction for an offense under
5.9section
609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h);
609.343, subdivision
5.101
, paragraph (a), (c), (d), (e), (f), or (h);
609.344, subdivision 1, paragraph (a), (c), or (g);
5.11or
609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the
5.12United States similar to the offenses described in this clause; or
5.13 (4) if the person is required to register under subdivision 1b, paragraph (c), following
5.14commitment pursuant to a court commitment under section
253B.185 or a similar law of
5.15another state or the United States.
5.16A person is not required to register for life under clause (1) based on an adjudication of
5.17delinquency that requires the person to register under subdivision 1b, paragraph (e), clause
5.18(4), unless the person had previously been required to register under this section.
5.19 (e) A person described in subdivision 1b, paragraph (b), who is required to register
5.20under the laws of a state in which the person has been previously convicted or adjudicated
5.21delinquent, shall register under this section for the time period required by the state of
5.22conviction or adjudication unless a longer time period is required elsewhere in this section.
5.23EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.24committed on or after that date."
5.25Renumber the sections in sequence
5.26Page 1, after line 26, insert:
5.27"Delete the title and insert:
5.29relating to public safety; limiting predatory offender registration for certain
5.30persons under the age of 18 years; extending the time period and renewals
5.31allowed for a continuance without adjudication in a juvenile delinquency case;
5.32amending Minnesota Statutes 2012, section 243.166, subdivisions 1b, 2, 6;
5.33260B.198, subdivision 7.""