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S.F. No. 2546 - Predatory Offender Registration and Third Degree Criminal Sexual Conduct Changes
 
Author: Senator Ron Latz
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: March 20, 2014



 

Section 1 expands the predatory offender registration (POR) law to require that all persons who violate Minnesota Statutes, section 609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking), 609.324 (general prostitution crime), or 609.352 (solicitation of children to engage in sexual conduct; communication of sexually explicit materials to children), involving minors, must register as a predatory offender. Also expands the law to require registration of persons who are charged with or petitioned for an offense from another state or the United States similar to a registrable offense in Minnesota, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances. Under current law, the registration duty only applies to persons convicted of or adjudicated delinquent for an offense that is similar to a registrable offense in Minnesota. Updates a statutory reference to reflect last year’s recodification of the civil commitment law.

Section 2 updates two statutory references to reflect last year’s recodification of the civil commitment law and an older version of the law.

Section 3 authorizes a corrections agent or law enforcement authority overseeing registration to photograph any offender required to register at a time and frequency chosen by the agent or authority. Under current law, this provision is mandatory and requires photographs every six months, but applies only to Level III offenders. Also expands the requirement that Level II and III offenders who are no longer under correctional supervision, but who have to register, have an annual in-person contact with a law enforcement authority to all offenders and strikes "annual". Updates two statutory references to reflect last year’s recodification of the civil commitment law and an older version of the law.

Section 4 changes the provision in the POR law that offenders subsequently incarcerated following a conviction for a new offense or revocation of probation or supervised release for any offense register for an additional period. This provision is changed to refer to persons incarcerated due to a conviction for a new offense or following a revocation of probation or supervised release. Changes the provision that authorizes the commissioner of public safety to add an additional 5 years to the registration period of noncompliant offenders to require this. Updates two statutory references to reflect last year’s recodification of the civil commitment law and an older version of the law.

Sections 5 and 6 make technical changes to the third degree criminal sexual conduct law. Section 5 strikes language in the substantive part of the crime relating to the maximum sentence for violations involving victims that are at least 13 but less than 16 years of age and offenders that are more than 24 months but not more than 48 months older.  Section 6 adds this stricken language in the penalty provision of the third degree criminal sexual conduct law.

 

KPB/tg

 
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