New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A3109 Compare Versions

Only one version of the bill is available at this time.

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1	1	ASSEMBLY, No. 3109 STATE OF NEW JERSEY 221st LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
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3	3	ASSEMBLY, No. 3109
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7	7	STATE OF NEW JERSEY
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9	9	221st LEGISLATURE
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13	13	PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
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17	17	Sponsored by: Assemblyman CRAIG J. COUGHLIN District 19 (Middlesex) Assemblyman WAYNE P. DEANGELO District 14 (Mercer and Middlesex) Assemblywoman SHAMA A. HAIDER District 37 (Bergen) SYNOPSIS Creates white collar crime registry. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel.
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21	21	Sponsored by:
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23	23	Assemblyman CRAIG J. COUGHLIN
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25	25	District 19 (Middlesex)
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27	27	Assemblyman WAYNE P. DEANGELO
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29	29	District 14 (Mercer and Middlesex)
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31	31	Assemblywoman SHAMA A. HAIDER
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33	33	District 37 (Bergen)
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43	43	SYNOPSIS
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45	45	Creates white collar crime registry.
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49	49	CURRENT VERSION OF TEXT
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51	51	Introduced Pending Technical Review by Legislative Counsel.
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55	55	An Act concerning white collar crimes and supplementing Title 2C of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. This act shall be known and may be cited as the "New Jersey White Collar Crime Offender Registry Act." 2. As used in this act: "Certificate of eligibility" means a document issued by the department stating that the offender has met the requirements of section 7 of this act. "Department" means the Department of Law and Public Safety. "Internet identifiers" includes all electronic mail, chat, instant message, social networking, application, software, or similar names used for Internet communication. "Offender" means a person required to register pursuant to section 5 of this act. 3. a. The Department of Law and Public Safety shall develop and operate a system to collect, analyze, maintain, and disseminate information on offenders and make information listed in section 4 of this act available to the public. b. Any county prosecutor shall inform the department of a person who is convicted of any of the offenses listed in section 5 of this act within 45 days. 4. The Department of Law and Public Safety shall develop and maintain a New Jersey White Collar Crime Offender Registry Internet website, and ensure that information is entered into the registry in a timely manner. a. The registry website shall contain a disclaimer informing the public that: (1) the information contained on the website is obtained from public records and the department does not guarantee the website's accuracy or completeness; (2) members of the public are not allowed to use the information available through the registry to harass or threaten an offender or members of an offender's family; and (3) harassment, stalking, or making threats against offenders or their families is prohibited and may be in violation of State law. The department shall require users to indicate that they have read and understand the disclaimer and agree to comply with its terms as a condition of accessing the registry. b. The registry website shall be indexed by the surname of the offender. c. Except as provided in subsection f. of this section, the registry website shall include the following information: (1) all names and aliases by which the offender is or has been known, excluding any Internet identifiers; (2) a physical description, including the offender's date of birth, height, weight, and eye and hair color; (3) a recent photograph of the offender; and (4) the crimes listed in section 5 of this act, of which the offender has been convicted. d. The department also shall provide the following information on the registry, when available: (1) the crimes for which the offender has been convicted, noting cases in which the offender is still awaiting sentencing or has appealed the conviction; (2) a description of the offender's targets; and (3) any other relevant identifying information of the offender, as determined by the department. e. The department, and any individual or entity operating under the direction of the Attorney General, are immune from civil liability for damages and will be presumed to have acted in good faith by reporting information. f. The department shall redact the names, addresses, telephone numbers, Social Security numbers, and other information that, if disclosed, would provide the identity or location of any victim. 5. A person convicted of any of the following second degree crimes shall register with the department for the purpose of being included in the New Jersey White Collar Crime Offender Registry: a. insurance fraud, pursuant to section 73 of P.L.2003, c.89 (C.2C:21-4.6); b. mortgage fraud, pursuant to N.J.S.2C:21-3; c. securities fraud, pursuant to the "Uniform "Securities Law (1967)," P.L.1967, c.93 (C.49:3-47 et seq.); d. misapplication of entrusted property by fiduciary, pursuant to N.J.S.2C:21-15; e. money laundering, pursuant to section 3 of P.L.1994, c.121 (C.2C:21-25); f. theft by deception, pursuant to N.J.S.2C:20-4; and g. any other financial or monetary crime, fraudulent act, or theft included in the rules and regulations adopted pursuant to section 8 of this act. 6. a. Except as provided in subsection c. of this section, an offender who has been convicted of any offense listed in section 5 of this act on or after January 1, 2005, shall register with the department to be included in the New Jersey White Collar Crime Offender Registry. b. An offender who has been convicted of any offense listed in section 5 of this act shall listed be on the registry for: (1) 10 years for a first offense; (2) an additional 10 years for a second offense; and (3) life if convicted of a third offense. c. An offender shall not be required to register pursuant to subsection a. of this section if the offender: (1) complied with all court orders at the time of sentencing; (2) paid in full all court-ordered amounts of restitution to victims; and (3) has not been convicted of any other offense for which registration would be required. 7. a. An offender seeking removal from the registry shall apply to the department for removal and demonstrate that: (1) five years have passed since the completion of the offender's sentence; (2) the offender has successfully completed all treatment ordered by the court or the State Parole Board relating to the conviction; (3) the offender has not been convicted of any other crime, excluding traffic offenses. A "traffic offense" excludes any conviction for driving under the influence, pursuant to R.S.39:4-50, or refusal to submit to a chemical test, pursuant to section 2 of P.L.1966, c.142 (C.39:4-50.2); (4) the offender paid all restitution ordered by the court; and (5) the offender has not been found to be civilly liable in any case in which fraud, misrepresentation, deceit, breach of fiduciary duty, or the misuse or misappropriation of funds is an element. Upon receiving an application from an offender, the department shall notify any victim. b. The department shall charge a reasonable application fee, which shall be paid at the time the offender submits the application for removal from the registry to the department. Any fees collected under this subsection shall be allocated to the department to cover the costs incurred in administering this act. c. The department shall verify the records of governmental agencies, including national criminal databases, to determine whether an offender is eligible to be removed from the registry under this section. d. Regardless of whether the offender is prosecuted, the department may deny an offender's application which provides false information. A person who intentionally or knowingly provides false or misleading information to the department, when applying for removal from the registry or for the purpose of aiding an offender in being removed from the registry, is guilty of perjury, pursuant to N.J.S.2C:28-1. e. When considering an application for removal from the registry, the department shall: (1) review the application and documents submitted; (2) hold a hearing if requested by a county prosecutor or a victim; and (3) consider whether the offender has paid all restitution ordered by the court or the State Parole Board. f. If the department grants an offender removal from the registry, it shall provide notice of its decision to any victim, by first-class mail to the most recent address of record on file, and to the county prosecutor. g. The department shall remove an offender from the registry upon the offender providing satisfactory evidence: (1) each conviction listed in section 5 of this act has either been expunged or reduced in degree below a second degree crime; and (2) the offender has paid all court-ordered restitution to any victims. 8. The Department of Law and Public Safety shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement this act. The rules and regulations shall include, but need not be limited to, the method for dissemination of registry information and instructions to the public regarding acceptable use of the information. 9. This act shall take effect on the first day of the fourth month next following enactment. STATEMENT This bill creates the New Jersey White Collar Crime Offender Registry and requires the Department of Law and Public Safety to develop and maintain a registry website. The information to be provided on the registry includes: (1) all names and aliases by which the offender is or has been known, excluding any Internet identifiers; (2) a physical description, including the offender's date of birth, height, weight, and eye and hair color; (3) a recent photograph of the offender; (4) the "white collar" crimes listed in section 5 of the bill, of which the offender has been convicted; and (5) when available, the crimes for which the offender has been convicted; a description of the offender's targets; and any other relevant identifying information of the offender. A person convicted of the following offenses is required to be registered under the bill: insurance fraud; mortgage fraud; securities fraud; misapplication of entrusted property by fiduciary; money laundering; theft by deception; and any other financial or monetary crime, fraudulent act, or theft included in the department's rules and regulations adopted as a result of this bill. Offenders who were convicted of the specified offenses between December 31, 2005 and the date of this bill's enactment will not be placed on the registry if they have complied with all court orders, paid all restitution claims, and have not been convicted of any other offenses for which registration is required. The duration for which offenders will be placed on the registry would be 10 years for a first offense, an additional 10 years for a second offense, and for life if convicted of a third offense. The bill also provides for a process and conditions under which a person may apply to have his or her name and information removed from the registry.
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57	57	An Act concerning white collar crimes and supplementing Title 2C of the New Jersey Statutes.
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61	61	Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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65	65	1. This act shall be known and may be cited as the "New Jersey White Collar Crime Offender Registry Act."
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69	69	2. As used in this act:
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71	71	"Certificate of eligibility" means a document issued by the department stating that the offender has met the requirements of section 7 of this act.
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73	73	"Department" means the Department of Law and Public Safety.
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75	75	"Internet identifiers" includes all electronic mail, chat, instant message, social networking, application, software, or similar names used for Internet communication.
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77	77	"Offender" means a person required to register pursuant to section 5 of this act.
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81	81	3. a. The Department of Law and Public Safety shall develop and operate a system to collect, analyze, maintain, and disseminate information on offenders and make information listed in section 4 of this act available to the public.
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83	83	b. Any county prosecutor shall inform the department of a person who is convicted of any of the offenses listed in section 5 of this act within 45 days.
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87	87	4. The Department of Law and Public Safety shall develop and maintain a New Jersey White Collar Crime Offender Registry Internet website, and ensure that information is entered into the registry in a timely manner.
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89	89	a. The registry website shall contain a disclaimer informing the public that:
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91	91	(1) the information contained on the website is obtained from public records and the department does not guarantee the website's accuracy or completeness;
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93	93	(2) members of the public are not allowed to use the information available through the registry to harass or threaten an offender or members of an offender's family; and
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95	95	(3) harassment, stalking, or making threats against offenders or their families is prohibited and may be in violation of State law.
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97	97	The department shall require users to indicate that they have read and understand the disclaimer and agree to comply with its terms as a condition of accessing the registry.
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99	99	b. The registry website shall be indexed by the surname of the offender.
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101	101	c. Except as provided in subsection f. of this section, the registry website shall include the following information:
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103	103	(1) all names and aliases by which the offender is or has been known, excluding any Internet identifiers;
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105	105	(2) a physical description, including the offender's date of birth, height, weight, and eye and hair color;
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107	107	(3) a recent photograph of the offender; and
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109	109	(4) the crimes listed in section 5 of this act, of which the offender has been convicted.
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111	111	d. The department also shall provide the following information on the registry, when available:
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113	113	(1) the crimes for which the offender has been convicted, noting cases in which the offender is still awaiting sentencing or has appealed the conviction;
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115	115	(2) a description of the offender's targets; and
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117	117	(3) any other relevant identifying information of the offender, as determined by the department.
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119	119	e. The department, and any individual or entity operating under the direction of the Attorney General, are immune from civil liability for damages and will be presumed to have acted in good faith by reporting information.
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121	121	f. The department shall redact the names, addresses, telephone numbers, Social Security numbers, and other information that, if disclosed, would provide the identity or location of any victim.
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125	125	5. A person convicted of any of the following second degree crimes shall register with the department for the purpose of being included in the New Jersey White Collar Crime Offender Registry:
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127	127	a. insurance fraud, pursuant to section 73 of P.L.2003, c.89 (C.2C:21-4.6);
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129	129	b. mortgage fraud, pursuant to N.J.S.2C:21-3;
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131	131	c. securities fraud, pursuant to the "Uniform "Securities Law (1967)," P.L.1967, c.93 (C.49:3-47 et seq.);
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133	133	d. misapplication of entrusted property by fiduciary, pursuant to N.J.S.2C:21-15;
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135	135	e. money laundering, pursuant to section 3 of P.L.1994, c.121 (C.2C:21-25);
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137	137	f. theft by deception, pursuant to N.J.S.2C:20-4; and
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139	139	g. any other financial or monetary crime, fraudulent act, or theft included in the rules and regulations adopted pursuant to section 8 of this act.
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143	143	6. a. Except as provided in subsection c. of this section, an offender who has been convicted of any offense listed in section 5 of this act on or after January 1, 2005, shall register with the department to be included in the New Jersey White Collar Crime Offender Registry.
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145	145	b. An offender who has been convicted of any offense listed in section 5 of this act shall listed be on the registry for:
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147	147	(1) 10 years for a first offense;
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149	149	(2) an additional 10 years for a second offense; and
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151	151	(3) life if convicted of a third offense.
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153	153	c. An offender shall not be required to register pursuant to subsection a. of this section if the offender:
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155	155	(1) complied with all court orders at the time of sentencing;
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157	157	(2) paid in full all court-ordered amounts of restitution to victims; and
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159	159	(3) has not been convicted of any other offense for which registration would be required.
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163	163	7. a. An offender seeking removal from the registry shall apply to the department for removal and demonstrate that:
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165	165	(1) five years have passed since the completion of the offender's sentence;
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167	167	(2) the offender has successfully completed all treatment ordered by the court or the State Parole Board relating to the conviction;
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169	169	(3) the offender has not been convicted of any other crime, excluding traffic offenses. A "traffic offense" excludes any conviction for driving under the influence, pursuant to R.S.39:4-50, or refusal to submit to a chemical test, pursuant to section 2 of P.L.1966, c.142 (C.39:4-50.2);
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171	171	(4) the offender paid all restitution ordered by the court; and
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173	173	(5) the offender has not been found to be civilly liable in any case in which fraud, misrepresentation, deceit, breach of fiduciary duty, or the misuse or misappropriation of funds is an element.
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175	175	Upon receiving an application from an offender, the department shall notify any victim.
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177	177	b. The department shall charge a reasonable application fee, which shall be paid at the time the offender submits the application for removal from the registry to the department. Any fees collected under this subsection shall be allocated to the department to cover the costs incurred in administering this act.
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179	179	c. The department shall verify the records of governmental agencies, including national criminal databases, to determine whether an offender is eligible to be removed from the registry under this section.
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181	181	d. Regardless of whether the offender is prosecuted, the department may deny an offender's application which provides false information.
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183	183	A person who intentionally or knowingly provides false or misleading information to the department, when applying for removal from the registry or for the purpose of aiding an offender in being removed from the registry, is guilty of perjury, pursuant to N.J.S.2C:28-1.
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185	185	e. When considering an application for removal from the registry, the department shall:
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187	187	(1) review the application and documents submitted;
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189	189	(2) hold a hearing if requested by a county prosecutor or a victim; and
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191	191	(3) consider whether the offender has paid all restitution ordered by the court or the State Parole Board.
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193	193	f. If the department grants an offender removal from the registry, it shall provide notice of its decision to any victim, by first-class mail to the most recent address of record on file, and to the county prosecutor.
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195	195	g. The department shall remove an offender from the registry upon the offender providing satisfactory evidence:
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197	197	(1) each conviction listed in section 5 of this act has either been expunged or reduced in degree below a second degree crime; and
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199	199	(2) the offender has paid all court-ordered restitution to any victims.
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203	203	8. The Department of Law and Public Safety shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement this act. The rules and regulations shall include, but need not be limited to, the method for dissemination of registry information and instructions to the public regarding acceptable use of the information.
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207	207	9. This act shall take effect on the first day of the fourth month next following enactment.
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213	213	STATEMENT
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217	217	This bill creates the New Jersey White Collar Crime Offender Registry and requires the Department of Law and Public Safety to develop and maintain a registry website.
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219	219	The information to be provided on the registry includes: (1) all names and aliases by which the offender is or has been known, excluding any Internet identifiers; (2) a physical description, including the offender's date of birth, height, weight, and eye and hair color; (3) a recent photograph of the offender; (4) the "white collar" crimes listed in section 5 of the bill, of which the offender has been convicted; and (5) when available, the crimes for which the offender has been convicted; a description of the offender's targets; and any other relevant identifying information of the offender.
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221	221	A person convicted of the following offenses is required to be registered under the bill: insurance fraud; mortgage fraud; securities fraud; misapplication of entrusted property by fiduciary; money laundering; theft by deception; and any other financial or monetary crime, fraudulent act, or theft included in the department's rules and regulations adopted as a result of this bill.
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223	223	Offenders who were convicted of the specified offenses between December 31, 2005 and the date of this bill's enactment will not be placed on the registry if they have complied with all court orders, paid all restitution claims, and have not been convicted of any other offenses for which registration is required.
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225	225	The duration for which offenders will be placed on the registry would be 10 years for a first offense, an additional 10 years for a second offense, and for life if convicted of a third offense.
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227	227	The bill also provides for a process and conditions under which a person may apply to have his or her name and information removed from the registry.