HF4741

Purpose

To enhance public safety by creating a public registry for repeat domestic violence offenders. The bill aims to publicly publish certain information about offenders, require registration and reporting duties, impose a registration fee, and establish penalties for noncompliance.

Key Definitions

• Domestic violence offender: a person convicted of a qualified domestic violence-related offense after having been previously convicted of a qualified domestic violence-related offense.
• Family or household member: as defined in section 518B.01, subdivision 2.
• Qualified domestic violence-related offense: as defined in section 609.02, subdivision 1 (applies to offenses against a family or household member of the offender).
• Commissioner of public safety: state official responsible for maintaining the registry and website.
• Probation officer / corrections official: agency staff who oversee the offender and help ensure information is forwarded to the public safety commissioner.

Main Provisions

• Establishment of a DV Offender Registry: The commissioner of public safety must maintain a registry for domestic violence offenders, including the offender’s name, address, date of birth, date and county of conviction, the crime of conviction, a recent photograph, and, if available, a copy of the offender’s driver’s license or government ID. Registry information must be available to peace officers investigating a crime and published on a public website in a searchable format.
• Publication of information: The public website must display the offender’s name, date of birth, county of conviction, and photograph (and other details as described above) to aid public safety.
• Court and official duties: When a person is convicted of a registrable offense, courts must inform the person of the duty to register and forward required information (name, address, date of birth, county, crime of conviction, recent photo, and ID) to the commissioner. Probation officers or corrections officials must assist in forwarding this information if responsible for the offender. Failure to forward information does not excuse the offender from registering.
• Registration period: The duration of registration depends on the number of prior qualified domestic violence-related offense convictions:
  • 5 years if there is one prior conviction,
  • 7 years if there are two prior convictions,
  • 10 years if there are three prior convictions,
  • 20 years if there are four or more prior convictions.
• Cooperation: Offenders must cooperate with the commissioner, the court, probation, and corrections officials by providing the required information, including updating addresses and photographs when they change.
• Criminal penalties: A person who knowingly fails to register, provides false information, or otherwise violates the registration requirements commits a misdemeanor.
• Registration fee: A $150 registration fee must be imposed by the court upon conviction for a registrable offense. Half of the fee goes to the general fund; the remainder goes to the Minnesota Victims of Crime Account. The fee can be waived for indigent offenders, and in cases of undue hardship the court may reduce or waive the fee for the offender or their immediate family.

Significant Changes to Existing Law

• Creates a new declared registry (DV Offender Registry) within Minnesota Statutes (section 299A.965) that publicizes certain offender information and makes it accessible to law enforcement and the public.
• Expands obligations on courts, probation officers, and corrections officials to verify and forward registration information.
• Introduces mandatory, lengthy registration periods based on the offender’s prior DV-related offenses.
• Establishes a mandatory registration fee with specified distribution to state funds and victim support accounts, plus provisions for waivers.
• Adds criminal penalties for noncompliance with registration duties.

Implementation & Oversight

• Oversight and administration by the commissioner of public safety, with coordination from courts and corrections agencies to ensure timely forwarding of required information and ongoing compliance.

Relevant Terms domestic violence offender, domestic violence-related offense, qualified domestic violence-related offense, family or household member, commissioner of public safety, public safety, probation officer, corrections official, registry, Internet publication, public website, name, date of birth, county, crime of conviction, photograph, driver’s license, government-issued identification, registration period, cooperation, misdemeanor, registration fee, Minnesota Victims of Crime Account, section 299A.708, indigency, undue hardship.