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HF 1019

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to predatory offender registration; requiring certain persons under the
age of 18 to register as predatory offenders; amending Minnesota Statutes 2006,
section 243.166, subdivision 1b.

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

Section 1.

Minnesota Statutes 2006, 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 deleted text begin or petitioned fordeleted text end 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, 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 conspiracy to commit false imprisonment in violation of
section 609.255, subdivision 2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in sexual conduct in violation of
section 609.352; 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 fordeleted text end that offense or another offense arising out
of the same set of circumstances;

new text begin (3) the person was under the age of 18 and was:
new text end

new text begin (i) charged with a felony violation of or attempt to violate, or aiding, abetting, or
conspiracy to commit any crime described in subdivision 1b or 2, certified to be tried as
an adult pursuant to section 260B.125, and convicted of that offense or another offense
arising out of the same set of circumstances;
new text end

new text begin (ii) charged with a felony violation of or attempt to violate, or aiding, abetting, or
conspiracy to commit any crime described in subdivision 1b or 2, designated an extended
jurisdiction juvenile offender and convicted of that offense or another offense arising out
of the same set of circumstances;
new text end

new text begin (iii) found to have committed criminal sexual conduct under section 609.342,
subdivision 1, paragraph (c), (d), (e), (f), or (g); 609.343, subdivision 1, paragraph (c),
(d), (e), (f), or (g); 609.344, subdivision 1, paragraph (c); or 609.345, subdivision 1,
paragraph (c); or
new text end

new text begin (iv) found to have committed any crime described in subdivision 1b or 2 and the
court finds on its own motion or that of the prosecutor that it is in the interests of public
safety to require registration;
new text end

deleted text begin (3)deleted text end new text begin (4)new text end the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a
; or

deleted text begin (4)deleted text end new text begin (5)new text end the person was convicted of deleted text begin or adjudicated delinquent 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).

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

(1) the person was convicted of or adjudicated delinquent in another state for an
offense that would be a violation of a law described in paragraph (a) if committed in
this state;

(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 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 section 253B.185 or 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 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.