House Bill 908

Chair's Name: David Ralston

Committee: Judiciary Non-Civil

House Sponsor: David Ralston

Chairman Ralston’s opinion of this legislation:

HB 908 addresses residency and employment restrictions in light of the Supreme Court MANN decision, providing for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter.

In November 2007 the State Supreme Court held that the residency provisions as applied to owners of property were unconstitutional.  This legislation would allow those registered offenders who bought their property prior to the prohibited areas locating themselves within 1000 feet to remain on their property (or in their jobs) provided they can prove that they are owners of the property.  This legislation does not address renters and others who are not owners as the 2007 decision was addressed to owners only.  A 2004 decision held that renters did not have a significant property interest.

HB 908 comes to the House Floor under the Modified Open Rule.