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S.F. No. 111 - Predatory Offender Registration, Community Notification, and Sexual Assault Provisions (Second Engrossment)
 
Author: Senator Warren Limmer
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: May 9, 2019



 

Section 1 authorizes the use of an offender’s driver’s license photograph to locate a noncompliant predatory offender.

Section 2 defines “corrections agent” and redefines “law enforcement authority” for the purposes of the predatory offender registration statute.

Section 3 provides that a person who commits a registerable offense in another state must register in Minnesota if the person spends more than 30 days aggregate in Minnesota during a calendar year.  Makes a technical change.

Section 4 provides the correct name for a court form and directs that local law enforcement with jurisdiction over an offender provide notice of the registration requirements to the offender, if the offender does not have an assigned corrections agent.

Section 5 provides the following.

  • Requires collection of a DNA sample as part of registration.  Establishes the protocol on how existing registrants who do not already have a DNA sample on file will comply with the new DNA requirement.
  • Requires registrants to provide fingerprints to the probation agency or law enforcement authority within one year of the effective date of the legislation.
  • Directs the Bureau of Criminal Apprehension (BCA) to monitor predatory offender compliance by individuals discharged from commitment as a sexually dangerous person or a sexually psychopathic personality and subject to community notification.

Section 6 expands the items that offenders must report to include expiration date of license plate tabs and telephone numbers (home, work, school, cellular telephone).

Section 7 requires a person who is a registered predatory offender and who is receiving services from a home care provider to take the same actions as the person would upon being admitted to a health care facility and for law enforcement or the person’s corrections agent to do the same. If the person has been assigned a risk level classification, the home care provider must distribute a fact sheet on the person to any individual who will provide direct services to the person before the services begin.

Section 8 defines a signature to include ink, electronic means established by the BCA, or biometrics established by the BCA.

Section 9 modifies the criminal penalty section of the predatory offender statute.  This change is in response to State v. Mikulak, a Minnesota Supreme Court decision that overturned a conviction for failing to register as a predatory offender because the defendant claimed he did not know about the specific registration requirement that he was convicted of violating.

Sections 10 and 12 ensure that corrections agents share predatory offender data with child protection services as required under Minnesota Statutes, section 244.057.

Section 11 amends the community notification law to require law enforcement agencies to notify the entities and individuals who were initially provided notification when an offender for whom notification was initially made no longer resides, is employed, or is regularly found in their area of jurisdiction.  Notification is to be made according to the current guidelines for each assigned risk level.

Section 13 requires a sentencing judge to justify in writing a stay of adjudication for felony criminal sexual conduct offenses.

Section 14 amends the 5th-degree criminal sexual conduct crime to eliminate the exception for intentionally touching the clothing covering the immediate area of the buttocks.

Section 15 allows a victim of sexual assault to initiate a law enforcement investigation by contacting any law enforcement agency, regardless of where the crime may have occurred.  The agency must prepare a summary of the allegation and provide the person with a copy of it.  The agency must then begin an investigation or refer the matter along with the summary of the allegation to the agency that has jurisdiction.

Section 16 requires the chief law enforcement officer of every state and local law enforcement agency to establish and enforce a written policy addressing how the agency will respond to and investigate reports of sexual assault.  The policy must substantially incorporate the main items from the Peace Officer Standards and Training (POST) Board model policy.

 
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