Minnesota Legislature
HF 317
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:35am
Current Version - as introduced
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A bill for an act
relating to public safety; lowering the age of adult certification for juveniles;
defining a violent juvenile offense; amending Minnesota Statutes 2008, sections
260B.007, by adding a subdivision; 260B.125, subdivision 1; 260B.130,
subdivision 1; 260B.141, subdivision 4; 260B.198, subdivision 6; 609.055.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 260B.007, is amended by adding a
subdivision to read:
new text begin Subd. 21. new text end
new text begin Violent juvenile offense. new text end
new text begin
"Violent juvenile offense" means any of the
following offenses that would be a felony if committed by an adult: sections 609.185
(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the
third degree); 609.20 (manslaughter in the first degree); and 609.205 (manslaughter in
the second degree).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to
offenses committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2008, section 260B.125, subdivision 1, is amended to read:
Subdivision 1.
Order.
When a child is alleged to have committed, new text begin after becoming
13 years of age, a violent juvenile offense as defined in section 260B.007, subdivision 21,
or new text end after becoming 14 years of age, an offense that would be a felony if committed by an
adult, the juvenile court may enter an order certifying the proceeding for action under the
laws and court procedures controlling adult criminal violations.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to
offenses committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2008, section 260B.130, subdivision 1, is amended to read:
Subdivision 1.
Designation.
A proceeding involving a child alleged to have
committed a felony offense is an extended jurisdiction juvenile prosecution if:
(1) the child was 14 to 17 years old at the time of the alleged offense, a certification
hearing was held, and the court designated the proceeding an extended jurisdiction
juvenile prosecution;
(2) the child was 16 or 17 years old at the time of the alleged offense; the child is
alleged to have committed an offense for which the Sentencing Guidelines and applicable
statutes presume a commitment to prison or to have committed any felony in which the
child allegedly used a firearm; and the prosecutor designated in the delinquency petition
that the proceeding is an extended jurisdiction juvenile prosecution; deleted text begin or
deleted text end
(3) the child was 14 to 17 years old at the time of the alleged offense, the prosecutor
requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
a hearing was held on the issue of designation, and the court designated the proceeding an
extended jurisdiction juvenile prosecutionnew text begin ;
new text end
new text begin
(4) the child was 13 years old at the time of the alleged offense, the alleged offense
is a violent juvenile offense as defined in section 260B.007, subdivision 21, a certification
hearing was held, and the court designated the proceeding an extended jurisdiction
juvenile prosecution; or
new text end
new text begin (5) the child was 13 years old at the time of the alleged offense, the alleged offense
is a violent juvenile offense as defined in section 260B.007, subdivision 21, the prosecutor
requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
a hearing was held on the issue of designation, and the court designated the proceeding an
extended jurisdiction juvenile prosecutionnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to
offenses committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2008, section 260B.141, subdivision 4, is amended to read:
Subd. 4.
Delinquency petition; extended jurisdiction juvenile.
When a prosecutor
files a delinquency petition alleging that a child committed a felony offense for which
there is a presumptive commitment to prison according to the Sentencing Guidelines
and applicable statutes or in which the child used a firearm, after reaching the age of
16 years, the prosecutor shall indicate in the petition whether the prosecutor designates
the proceeding an extended jurisdiction juvenile prosecution. When a prosecutor files a
delinquency petition alleging that new text begin a child aged 13 years committed a violent juvenile
offense as defined in section 260B.007, subdivision 21, or new text end a child aged 14 to 17 years
committed a felony offense, the prosecutor may request that the court designate the
proceeding an extended jurisdiction juvenile prosecution.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to
offenses committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2008, section 260B.198, subdivision 6, is amended to read:
Subd. 6.
Expungement.
Except when legal custody is transferred under the
provisions of subdivision 1, clause (4)new text begin , or a child is adjudicated delinquent for committing
a violent juvenile offense as defined in section 260B.007, subdivision 21new text end , the court may
expunge the adjudication of delinquency at any time that it deems advisable.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to
offenses committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2008, section 609.055, is amended to read:
609.055 CAPABILITY OF CHILDREN TO COMMIT CRIME.
Subdivision 1.
General rule.
Children under the age of deleted text begin 14deleted text end new text begin 13new text end years are incapable of
committing crime.
Subd. 2.
Adult prosecution.
(a) Except as otherwise provided in paragraph (b),
new text begin children of the age of 13 years may be prosecuted for a violent juvenile offense, as defined
in section 260B.007, subdivision 21, and new text end children of the age of 14 years or over but under
18 years may be prosecuted for a felony offense if the alleged violation is duly certified for
prosecution under the laws and court procedures controlling adult criminal violations or
may be designated an extended jurisdiction juvenile in accordance with the provisions of
chapter 260B. A child who is 16 years of age or older but under 18 years of age is capable
of committing a crime and may be prosecuted for a felony if:
(1) the child has been previously certified on a felony charge pursuant to a hearing
under section 260B.125, subdivision 2, or pursuant to the waiver of the right to such a
hearing, or prosecuted pursuant to this subdivision; and
(2) the child was convicted of the felony offense or offenses for which the child was
prosecuted or of a lesser included felony offense.
(b) A child who is alleged to have committed murder in the first degree after
becoming 16 years of age is capable of committing a crime and may be prosecuted for
the felony. This paragraph does not apply to a child alleged to have committed attempted
murder in the first degree after becoming 16 years of age.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to
offenses committed on or after that date.
new text end