SF459 (Legislative Session 94 (2025-2026))

Persons subject to stays of adjudication in criminal sexual conduct cases to register as predatory offenders requirement

Related bill: HF131

AI Generated Summary

Purpose

  • This bill requires people who received a stay of adjudication in criminal sexual conduct cases to register as predatory offenders in Minnesota. It broadens Minnesota’s predatory offender registration requirements and aims to improve public safety by tracking more individuals who have offenses related to sexual conduct.

Main Provisions

  • Amends Minnesota Statutes 2024 section 243.166, subdivision 1b, to specify who must register as a predatory offender.

  • Categories triggering registration (summary of groups):

    • a) People charged with or petitioned for certain serious offenses (and later convicted or adjudicated delinquent for those offenses or related offenses). This includes:
    • Murder, kidnapping, criminal sexual conduct, indecent exposure, and surreptitious intrusion.
    • Other related offenses such as certain criminal abuses, prostitution offenses involving minors, sex trafficking of minors, prostitution involving minors, using a minor in a sexual performance, and possessing or distributing porn involving a minor (with exact statutory references noted in the bill).
    • People deemed “patterned sex offenders” under related statutes.
    • People charged with or petitioned for similar laws in other states or the United States, or military law, that are similar to the listed offenses.
    • b) People charged with or petitioned for similar offenses in another state and who move to Minnesota, live here, work here, or go to school here; or who stay in Minnesota for 14 days or longer (or 30 days total in a year); and who have not yet had 10 years pass since release from confinement (or since conviction/adjudication) unless Minnesota or another state requires a longer period.
    • c) People committed under a court commitment order (civil commitments) under specified Minnesota or other-state laws, or similar U.S. laws, regardless of whether they were convicted.
    • d) People who are charged with or petitioned for offenses listed in a or similar laws in other states or the U.S., including cases where they were found not guilty by reason of insanity or guilty but mentally ill in other states.
    • e) People who received a stay of adjudication for a charge of violating any listed offenses (or similar offenses) unless a court, for a juvenile, finds good cause to waive the registration requirement.
  • Duration and cross-state considerations:

    • If a person is subject to a longer registration period under another state’s laws, or under lifetime registration, they must register for that longer period in Minnesota.
    • Where applicable, the requirement applies regardless of when the person was released, convicted, or adjudicated delinquent.
  • Other related provisions:

    • Includes people who were committed under court orders from prior laws or similar laws of other states or the U.S.
    • Keeps a provision that juveniles may be exempt from registration if the court finds good cause to waive the requirement.

Effects on Existing Law

  • Significantly expands who must register as a predatory offender in Minnesota, by adding stays of adjudication and a broader set of offenses and cross-state scenarios.
  • Introduces or clarifies thresholds for when someone who moves to Minnesota or stays for a certain period must register.
  • Locks in longer or lifetime registration in line with other states’ requirements when applicable.

Notable Terminology and Concepts

  • Predatory offender registration / predatory offender
  • Stays of adjudication
  • Criminal sexual conduct (various specific statutes referenced)
  • Minnesota Statutes 2024 section 243.166 subdivision 1b
  • Adjudicated delinquent
  • Patterned sex offender
  • Court commitment order (civil commitments)
  • Residences, employment, or school attendance in Minnesota (14 days or longer; 30 days in a year)
  • Cross-state and interstate application
  • Juvenile waiver for registration (good cause)

Relevant Terms predatory offender registration stays of adjudication criminal sexual conduct Minnesota Statutes 2024 section 243.166 subdivision 1b predatory offender adjudicated delinquent patterned sex offender court commitment order civil commitment reside, reside in Minnesota 14 days, 30 days aggregate out-of-state offenses lifetime registration juvenile waiver good cause United States / UCMJ (military law)

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
January 21, 2025SenateActionIntroduction and first reading
January 21, 2025SenateActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Amends Minnesota Statutes 2024 section 243.166, subdivision 1b, to include stays of adjudication in criminal sexual conduct cases as grounds requiring registration as a predatory offender.",
      "modified": []
    },
    "citation": "243.166",
    "subdivision": "subdivision 1b"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References murder as defined in section 609.185 within the list of offenses triggering registration (no subdivision specified).",
      "modified": []
    },
    "citation": "609.185",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References kidnapping under section 609.25 within the list of offenses triggering registration.",
      "modified": []
    },
    "citation": "609.25",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References criminal sexual conduct under section 609.342 within the list of offenses triggering registration.",
      "modified": []
    },
    "citation": "609.342",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References criminal sexual conduct under section 609.343 within the list of offenses triggering registration.",
      "modified": []
    },
    "citation": "609.343",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References criminal sexual conduct under section 609.344 within the list of offenses triggering registration.",
      "modified": []
    },
    "citation": "609.344",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References criminal sexual conduct under section 609.345 within the list of offenses triggering registration.",
      "modified": []
    },
    "citation": "609.345",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References 609.3451, subdivision 3 as part of the offenses triggering registration (patterned sex offender context).",
      "modified": []
    },
    "citation": "609.3451",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References 609.3453 within the list of offenses triggering registration.",
      "modified": []
    },
    "citation": "609.3453",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References 617.23, subdivision 3 in the context of requiring registration.",
      "modified": []
    },
    "citation": "617.23",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References 609.746, subdivision 1, paragraph h in the clause about staying adjudicated and registration.",
      "modified": []
    },
    "citation": "609.746",
    "subdivision": "subdivision 1 paragraph h"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References Minnesota Statutes 2020 section 609.2325, subdivision 1, paragraph b within the enumerated offenses.",
      "modified": []
    },
    "citation": "609.2325",
    "subdivision": "subdivision 1 paragraph b"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References 609.322 within the list of offenses triggering registration.",
      "modified": []
    },
    "citation": "609.322",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References 609.324, subdivision 1, paragraph a in the list of offenses triggering registration.",
      "modified": []
    },
    "citation": "609.324",
    "subdivision": "subdivision 1 paragraph a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References 609.352, subdivision 2 or 2a clause 1 within the registration criteria.",
      "modified": []
    },
    "citation": "609.352",
    "subdivision": "subdivision 2 or 2a clause 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References 617.246 within the list of offenses triggering registration (use of a minor in a sexual performance).",
      "modified": []
    },
    "citation": "617.246",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References 617.247 within the list of offenses triggering registration (possessing or disseminating a pornographic work involving a minor).",
      "modified": []
    },
    "citation": "617.247",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References 609.3455, subdivision 3a in the context of staying adjudicated and registration.",
      "modified": []
    },
    "citation": "609.3455",
    "subdivision": "subdivision 3a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References Minnesota Statutes 2012 section 253B.185 (court commitment orders) as part of eligibility for registration.",
      "modified": []
    },
    "citation": "253B.185",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References Minnesota Statutes 1992 section 526.10 (old law relating to commitment) within the stay-of-adjudication context.",
      "modified": []
    },
    "citation": "526.10",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References Minnesota Statutes section 253B.18 (court commitment) as part of registration criteria.",
      "modified": []
    },
    "citation": "253B.18",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References 609.095, paragraph b, pertaining to a stay of adjudication in relation to offenses listed for registration.",
      "modified": []
    },
    "citation": "609.095",
    "subdivision": "paragraph b"
  }
]

Progress through the legislative process

17%
In Committee
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