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SENATE BILL NO. 63
INTRODUCED BY L. NELSON
BY REQUEST OF THE BOARD OF CRIME CONTROL
AN ACT REVISING THE SEXUAL AND VIOLENT OFFENDER REGISTRATION LAW BY CHANGING THE DEFINITIONS OF "SEXUAL OFFENSE" AND "VIOLENT OFFENSE"; PROVIDING THAT CERTAIN SEXUAL OFFENDERS MAY NOT PETITION, AFTER 10 YEARS OF REGISTRATION, FOR AN ORDER RELIEVING THE OFFENDER FROM THE DUTY TO REGISTER; AND AMENDING SECTIONS 46-23-502 AND 46-23-506, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 46-23-502, MCA, is amended to read:
"46-23-502. Definitions. As used in 46-18-255 and this part, the following definitions apply:
(1) "Department" means the department of corrections provided for in 2-15-2301.
(2) "Mental abnormality" means a congenital or acquired condition that affects the mental, emotional, or volitional capacity of a person in a manner that predisposes the person to the commission of one or more sexual offenses to a degree that makes the person a menace to the health and safety of other persons.
(3) "Personality disorder" means a personality disorder as defined in the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders adopted by the American psychiatric association.
(4) "Predatory sexual offense" means a sexual offense committed against a stranger or against a person with whom a relationship has been established or furthered for the primary purpose of victimization.
(5) "Sexual offender evaluator" means a person qualified under rules established by the department to conduct sexual offender and sexually violent predator evaluations.
(6) "Sexual offense" means:
(a) any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-502(3), 45-5-503, 45-5-504(1)
(if the victim is under 18 years of age and the offender is 18 years of age or older), 45-5-504(2)(c), 45-5-507
(unless the act
occurred between two consenting persons 16 years of age or older (if the victim is under 18 years of age and the offender is
3 or more years older than the victim), or 45-5-625; or
(b) any violation of a law of another state or the federal government reasonably equivalent to a violation listed in subsection (6)(a).
(7) "Sexual or violent offender" means a person who has been convicted of a sexual or violent offense.
(8) "Sexually violent predator" means a person who has been convicted of a sexual offense and who suffers from a mental abnormality or a personality disorder that makes the person likely to engage in predatory sexual offenses.
(9) "Violent offense" means:
(a) any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-102, 45-5-103, 45-5-202,
45-5-206 (third or subsequent offense), 45-5-210(1)(b), (1)(c), or (1)(d), 45-5-301 (
when if the victim is less than 18 years
of age and the offender is not a parent of the victim), 45-5-302, 45-5-303, 45-5-401, 45-5-603(1)(b), or 45-6-103; or
(b) any violation of a law of another state or the federal government reasonably equivalent to a violation listed in subsection (9)(a)."
Section 2. Section 46-23-506, MCA, is amended to read:
"46-23-506. Duration of registration. (1) A sexual offender required to register under this part shall register for the remainder of the offender's life, except as provided in subsection (3) or during a period of time during which the offender is in prison.
(2) A violent offender required to register under this part shall register:
(a) for the 10 years following release from confinement or, if not confined following sentencing, for the 10 years following the conclusion of the sentencing hearing; or
(b) if convicted during the 10-year period provided in subsection (2)(a) of failing to register or keep registration current or of a felony, for the remainder of the offender's life unless relieved of the duty to register as provided in subsection (3).
At Except as provided in subsection (5), at any time after 10 years of registration, the offender may petition the
sentencing court or the district court for the judicial district in which the offender resides for an order relieving the offender
of the duty to register. The petition must be served on the county attorney in the county where the petition is filed. Prior to a
hearing on the petition, the county attorney shall mail a copy of the petition to the victim of the last offense for which the
offender was convicted if the victim's address is reasonably available. The court shall consider any written or oral statements
of the victim. The court may grant the petition upon finding that:
(a) the offender has remained a law-abiding citizen; and
(b) continued registration is not necessary for public protection and that relief from registration is in the best interests of
If the offender was designated as a sexually violent predator under 46-23-509, the court is also required to find that
the offender no longer suffers from a mental abnormality or personality disorder that makes the offender likely to engage in a
predatory sexual offense.
(4) The offender may move that all or part of the proceedings in a hearing under subsection (3) be closed to the public, or the judge may close them on the judge's own motion. If a proceeding is closed to the public, the judge shall permit a victim of the offense to be present unless the judge determines that exclusion of the victim is necessary to protect the offender's right of privacy or the safety of the victim. If the victim is present, the judge, at the victim's request, shall permit the presence of an individual to provide support to the victim unless the judge determines that exclusion of the individual is necessary to protect the offender's right to privacy.
(5) Subsection (3) does not apply to an offender who was convicted of:
(a) 45-5-503 if the victim was compelled to submit by force, as defined in 45-5-501, against the victim or another;
(b) 45-5-507 if at the time the offense occurred the victim was under 12 years of age and the offender was 3 or more years older than the victim;
(c) a second or subsequent sexual offense that requires registration; or
(d) a sexual offense and was designated as a sexually violent predator under 46-23-509."
- END -
Latest Version of SB 63 (SB0063.ENR)
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