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Sex offender Web bill defeated

Published (2/27/2009)
By Mike Cook
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A bill to prohibit sexual predators from using certain computer sites failed to clear a House committee, but its sponsor said the bill is not dead.

Sponsored by Rep. Karla Bigham (DFL-Cottage Grove), HF130 would prohibit predators from using social networking sites, like Facebook and MySpace.

Previously approved by the House Public Safety Policy and Oversight Committee, the bill was defeated Feb. 25 by the House Civil Justice Committee on a 6-6 vote.

After the meeting, Bigham was talking to opponents seeking ways to satisfy their concerns. She said the bill would likely be coming back.

One concern raised by Rep. Bobby Joe Champion (DFL-Mpls) is the constitutionality of allowing unannounced searches of computers and PDAs used by offenders. Currently registered sex offenders are subject to unannounced searches of their person, vehicle and premises.

Although no case law was cited, Deputy Attorney General David Voigt expects a search to stand up in court, just as other types of unannounced searches have been upheld.

Champion noted that judges could impose the no online access as part of a registered sex offender’s probation, but Voigt said the bill would simply make it uniform.

In addition to the social networking sites, offenders would be prohibited from using instant messaging or chat room Internet sites, even when playing an online game.

Rep. Tim Mahoney (DFL-St. Paul) said this would make it impossible for predators to play online games when communication with other players is required.

Bigham indicated afterward that some language might need to be changed with respect to Mahoney’s concern.

A mother of two children, Rep. Melissa Hortman (DFL-Brooklyn Park) said most games have an online/offline feature meaning an offender could play in their own home.

“These are people who are registered predatory offenders and we’re trying to take them out of an environment where they have an opportunity to be predators,” she said.

Awaiting action by the Senate Judiciary Committee is the bill’s companion, SF403, sponsored by Sen. Mee Moua (DFL-St. Paul).

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