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The 191st General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO IMPROVEMENT OF THE SEX OFFENDER REGISTRY.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to promote public safety in accordance with the Wetterling Act, 42 USC section 14071, thereby avoiding reduction of the commonwealth's Byrne Memorial Grant award, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Section 178C of chapter 6 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the definition of "Agency" the following 2 definitions:-

"Employment", includes employment that is full-time or part-time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether compensated or uncompensated.

"Institution of higher learning", a post secondary institution.

SECTION 2. Said section 178C of said chapter 6, as so appearing, is hereby further amended by striking out, in line 27, the words "or works" and inserting in place thereof the following words:- , works or attends an institution of higher learning.

SECTION 3. Said section 178C of said chapter 6, as so appearing, is hereby further amended by inserting after the figure "265", in lines 51 and 77, each time it appears, the following words:- ; enticing a child under the age of 16 for the purposes of committing a crime under section 26C of said chapter 265.

SECTION 4. Section 178D of said chapter 6, as so appearing, is hereby amended by inserting after the word "address", in line 13, the following words:- and, if the sex offender works at or attends an institution of higher learning, the name and address of the institution.

SECTION 5. Section 178E of said chapter 6, as so appearing, is hereby amended by striking out, in lines 26 and 27, lines 55 and 56, lines 82 and 83, lines 127 to 129, inclusive, lines 137 and 138, and lines 175 and 176, each time they appear, the words "home address or intended home address, work address or intended work address" and inserting in place thereof, in each instance, the following words:- date of birth, home address or intended home address, work address or intended work address and, if the sex offender is or intends to become a part-time or full-time employee of an institution of higher learning, the name and address of the institution, and, if the sex offender is or intends to become a part-time or full-time student of an institution of higher learning, the name and address of the institution.

SECTION 6. Said section 178E of said chapter 6, as so appearing, is hereby further amended by inserting after the word "work", in line 131, the following words:- and, if the sex offender intends to work at or become a student at an institution of higher learning, to the police departments in the municipalities where the sex offender will work or attend such institution.

SECTION 7. Subsection (h) of said section 178E of said chapter 6, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The board shall transmit notice of such change of address to all the police departments in the municipalities where the offense was committed, where the sex offender last registered and where the sex offender intends to live or attend an institution of higher learning and shall transmit the same to the Federal Bureau of Investigation.

SECTION 8. Said section 178E of said chapter 6, as so appearing, is hereby further amended by inserting after the word "address", in line 161, the following words:- and, if the sex offender is or intends to become employed part-time or full-time at an institution of higher learning, the name and address of the institution.

SECTION 9. Said section 178E of said chapter 6, as so appearing, is hereby further amended by inserting after the word "commonwealth", in line 172, the following words:- or working at or attending an institution of higher learning in the commonwealth.

SECTION 10. Said section 178E of said chapter 6, as so appearing, is hereby further amended by inserting after the word "committed", in line 178, the following words:- and, if the sex offender intends to work at or become a student at an institution of higher learning, to the police departments in the municipalities where the sex offender will work or attend such institution.

SECTION 11. Said section 178E of said chapter 6, as so appearing, is hereby further amended by adding the following 3 subsections:-

(o) A sex offender who plans to work at or attend an institution of higher learning part-time or full-time in the commonwealth shall, within 10 days prior to commencing employment or enrollment in classes at an institution of higher learning, register by mailing to the board on a form approved by the board and signed under the pains and penalties of perjury, the sex offender's name, date of birth, home address or intended home address, work address or intended work address, and the name and address of the institution of higher learning. The board shall transmit notice of such change of address to all police departments in the municipalities where the sex offender plans to work at or attend an institution of higher learning and shall transmit the same to the Federal Bureau of Investigation.

(p) A sex offender required to register pursuant to section 178C to 178P, inclusive, who intends to transfer from the institution of higher learning he is attending or shall notify the board in writing not later than 10 days before leaving the present institution of higher learning and shall provide the board with the name and address of the new institution of higher learning, if applicable. The board shall transmit notice of any such change of address to all police departments in the municipalities where the sex offender previously attended an institution of higher learning and, if applicable, to the police department in the municipality where the sex offender plans to attend an institution of higher learning. The board shall transmit notice of any change of address for the institution of higher learning to the Federal Bureau of Investigation.

(q) Any nonresident person enrolled on a full-time or part-time basis, in any public or private education institution in the commonwealth, including any secondary school, trade or professional institution, shall register with the board if such person is required to register as a sex offender in the state in which he resides. Such student shall, within 10 days of attending such institution, register by mailing to the board on a form approved by the board and signed under the pains and penalties of perjury, the student's name, date of birth, home address and the name and address of the educational institution he is attending.

SECTION 12. Section 178F of said chapter 6, as so appearing, is hereby amended by striking out, in line 7, the words "home address and work address" and inserting in place thereof the following words:- date of birth, home address or intended home address, work address or intended work address and, if the sex offender is or intends to become a part-time or full-time employee of an institution of higher learning, the name and address of said institution and, if the sex offender is a part-time or full-time student at an institution of higher learning or intends to become a part-time or full-time student of an institution of higher learning, the name and address of said institution of higher learning.

SECTION 13. Said section 178F of said chapter 6, as so appearing, is hereby further amended by inserting after the word "name", in line 11, the following words:- , date of birth.

SECTION 14. Said section 178F of said chapter 6, as so appearing, is hereby further amended by inserting after the word "work", in line 31, the following words:- or attend an institution of higher learning.

SECTION 15. Section 178F> of said chapter 6, as so appearing, is hereby amended by inserting after the word "works", in lines 6, 34 and 45, each time it appears, the following words:- or attends an institution of higher learning.

SECTION 16. Section 178G of said chapter 6, as so appearing, is hereby further amended by striking out the fourth, fifth, sixth and seventh sentences.

SECTION 17. Section 178J of said chapter 6, as so appearing, is hereby amended by striking out, in lines 29, 33 and 38, the words "live or work" and inserting in place thereof, in each instance, the following words:- live, work or attend an institution of higher learning.

SECTION 18. The first paragraph of subsection (c) of said section 178J of said chapter 6, as so appearing, is hereby amended by adding the following clause:-

(7) the name and address of the institution of higher learning where the sex offender works or is enrolled as a student, if located in the areas described in clause (2) or (3) of subsection (b).

SECTION 19. Section 178K of said chapter 6, as so appearing, is hereby amended by inserting after the word "works", in lines 103, 119, and 131, the following words:- and attends an institution of higher learning.

SECTION 20. Said section 178K of said chapter 6, as so appearing, is hereby further amended by inserting after the word "work", in lines 104, 120, and 132, each time it appears, the following words:- and attend an institution of higher learning.

SECTION 21. Said section 178K of said chapter 6, as so appearing, is hereby further amended by inserting after the word "police", in line 108, the following words:- and the board.

SECTION 22. Paragraph (c) of subsection (2) of said section 178K of said chapter 6, as so appearing, is hereby amended by adding the following clause:-

(vii) the name and address of the institution of higher learning that the sex offender is attending.

SECTION 23. The sex offender registration board shall establish procedures to accept sex offender registrations from nonresidents who are in the commonwealth to work, to carry on a vocation or to attend school. Such workers shall include those who are employed either part-time or full-time for more than 14 days or for an aggregate period exceeding 30 days in a calendar year, whether compensated or uncompensated. Such students shall include those who attend any type of school in the commonwealth on either a part-time or full-time basis. The board shall collect, at a minimum, a worker's or a student's name, date of birth, address and place of employment or school attended. The board shall inform such registrants of their duty to register in any state where they are employed, carry on a vocation or attend school.

Approved September 30, 2003.