Counting convictions and findings for the purpose of the sex offender registry and notifications.
The implications of SB874 extend to the Department of Corrections' responsibility to identify individuals who, due to the new laws, may need to register as sex offenders based on previous convictions or findings. The bill mandates that individuals, upon notification, must register within 30 days or face legal repercussions, which could be considered a Class H felony. This retrospective application raises questions regarding the fairness and clarity of enforcement for those previously exempt from the registry under former laws.
Senate Bill 874 aims to codify an attorney general's opinion regarding the interpretation of the statutory phrase 'two or more separate occasions' as it pertains to sex offender registration and notification requirements. The bill establishes that individuals with multiple convictions or findings of not guilty by reason of mental disease or defect related to sex offenses are required to register as sex offenders and can be subjected to lifetime tracking. The bill specifies how such offenses, irrespective of occurring on the same date or in the same proceeding, must be counted separately for registration requirements.
The bill has drawn concern from civil rights advocates who argue that it imposes excessive burdens on individuals with past offenses. Critics argue that the retroactive nature of the legislation infringes on the rights of those who were under the impression that their past infractions had been resolved. Furthermore, the potential for lifetime GPS tracking adds an extra layer of surveillance that some believe may not be justifiable, raising ethical and constitutional debates surrounding privacy and rehabilitation.