HF 1187

as introduced - 88th Legislature (2013 - 2014) Posted on 03/14/2013 05:15pm

A bill for an act
relating to sexually exploited youth; expanding safe harbor provisions to include
16 and 17 year olds involved in prostitution; amending Minnesota Statutes 2012,
sections 260B.007, subdivisions 6, 16; 260C.007, subdivisions 6, 31; repealing
Minnesota Statutes 2012, section 609.093.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 260B.007, subdivision 6, is amended to
read:

Subd. 6.

Delinquent child.

(a) Except as otherwise provided in paragraphs (b)
and (c), "delinquent child" means a child:

(1) who has violated any state or local law, except as provided in section 260B.225,
subdivision 1, and except for juvenile offenders as described in subdivisions 16 to 18;

(2) who has violated a federal law or a law of another state and whose case has been
referred to the juvenile court if the violation would be an act of delinquency if committed
in this state or a crime or offense if committed by an adult;

(3) who has escaped from confinement to a state juvenile correctional facility after
being committed to the custody of the commissioner of corrections; or

(4) who has escaped from confinement to a local juvenile correctional facility after
being committed to the facility by the court.

(b) The term delinquent child does not include a child alleged to have committed
murder in the first degree after becoming 16 years of age, but the term delinquent child
does include a child alleged to have committed attempted murder in the first degree.

(c) The term delinquent child does not include a child deleted text begin under the age of 16 years
deleted text end alleged to have engaged in conduct which would, if committed by an adult, violate any
federal, state, or local law relating to being hired, offering to be hired, or agreeing to be
hired by another individual to engage in sexual penetration or sexual conduct.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
offenses committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 260B.007, subdivision 16, is amended to read:

Subd. 16.

Juvenile petty offender; juvenile petty offense.

(a) "Juvenile petty
offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
a violation of section 609.685, or a violation of a local ordinance, which by its terms
prohibits conduct by a child under the age of 18 years which would be lawful conduct if
committed by an adult.

(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
includes an offense that would be a misdemeanor if committed by an adult.

(c) "Juvenile petty offense" does not include any of the following:

(1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,
609.324, new text begin subdivision 2 or 3, new text end 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79,
or 617.23;

(2) a major traffic offense or an adult court traffic offense, as described in section
260B.225;

(3) a misdemeanor-level offense committed by a child whom the juvenile court
previously has found to have committed a misdemeanor, gross misdemeanor, or felony
offense; or

(4) a misdemeanor-level offense committed by a child whom the juvenile court
has found to have committed a misdemeanor-level juvenile petty offense on two or
more prior occasions, unless the county attorney designates the child on the petition
as a juvenile petty offender notwithstanding this prior record. As used in this clause,
"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
would have been a juvenile petty offense if it had been committed on or after July 1, 1995.

(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
term juvenile petty offender does not include a child deleted text begin under the age of 16 years deleted text end alleged
to have violated any law relating to being hired, offering to be hired, or agreeing to be
hired by another individual to engage in sexual penetration or sexual conduct which, if
committed by an adult, would be a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
offenses committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2012, section 260C.007, subdivision 6, is amended to read:

Subd. 6.

Child in need of protection or services.

"Child in need of protection or
services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse as defined in section 626.556,
subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
as defined in subdivision 15;

(3) is without necessary food, clothing, shelter, education, or other required care
for the child's physical or mental health or morals because the child's parent, guardian,
or custodian is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to
provide that care;

(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the failure to respond to the
infant's life-threatening conditions by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in ameliorating or correcting all
conditions, except that the term does not include the failure to provide treatment other
than appropriate nutrition, hydration, or medication to an infant when, in the treating
physician's or physicians' reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival
of the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to be
relieved of the child's care and custody, including a child who entered foster care under a
voluntary placement agreement between the parent and the responsible social services
agency under section 260C.227;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical
disability, or state of immaturity of the child's parent, guardian, or other custodian;

(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;

(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;

(11) deleted text begin has engaged in prostitution as defined in section 609.321, subdivision 9 deleted text end new text begin is a
sexually exploited youth new text end ;

(12) has committed a delinquent act or a juvenile petty offense before becoming
ten years old;

(13) is a runaway;

(14) is a habitual truant;

(15) has been found incompetent to proceed or has been found not guilty by reason
of mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense; new text begin or
new text end

(16) has a parent whose parental rights to one or more other children were
involuntarily terminated or whose custodial rights to another child have been involuntarily
transferred to a relative and there is a case plan prepared by the responsible social services
agency documenting a compelling reason why filing the termination of parental rights
petition under section 260C.301, subdivision 3, is not in the best interests of the child deleted text begin ; or
deleted text end

deleted text begin (17) is a sexually exploited youth deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014.
new text end

Sec. 4.

Minnesota Statutes 2012, section 260C.007, subdivision 31, is amended to read:

Subd. 31.

Sexually exploited youth.

"Sexually exploited youth" means an
individual who:

(1) is alleged to have engaged in conduct which would, if committed by an adult,
violate any federal, state, or local law relating to being hired, offering to be hired, or
agreeing to be hired by another individual to engage in sexual penetration or sexual conduct;

(2) is a victim of a crime described in section 609.342, 609.343, new text begin 609.344, new text end 609.345,
609.3451, 609.3453, 609.352, 617.246, or 617.247;

(3) is a victim of a crime described in United States Code, title 18, section 2260;
2421; 2422; 2423; 2425; 2425A; or 2256; or

(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 609.093, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end