HF 2875

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2023 10:11am

A bill for an act
relating to judiciary; excluding certain statements made by juveniles from being
admitted as evidence in delinquency or criminal proceedings; proposing coding
for new law in Minnesota Statutes, chapter 634.

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

Section 1.

new text begin [634.048] STATEMENTS OF JUVENILES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
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new text begin (b) "Child" has the meaning given in section 260B.007, subdivision 3.
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new text begin (c) "Corrections staff member" means any of the following:
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new text begin (1) a person employed by the Department of Corrections, contracted to provide services
in a facility operated by the Department of Corrections, or volunteering in a facility operated
by the Department of Corrections; or
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new text begin (2) a person working in a facility licensed by the Department of Corrections pursuant
to section 241.021, contracted to provide services in the facility, or volunteering in the
facility.
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new text begin (d) "Pupil" has the meaning given in section 121A.41, subdivision 7.
new text end

new text begin (e) "School" means a public school under section 120A.22, subdivision 4, or a nonpublic
school, excluding a home school, under section 120A.22, subdivision 4.
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new text begin (f) "School staff member" means any of the following:
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new text begin (1) a person employed by a school;
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new text begin (2) a person performing work for a school whose contractual duties require the person
to be present on school grounds, transport pupils to and from school, or have regular contact
with pupils; or
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new text begin (3) a person working as a school volunteer whose activities, duties, or responsibilities
involve having contact with pupils.
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new text begin (g) "Social services provider" means a person working in a facility licensed by the
Department of Human Services to provide services to children or youth, contracted to
provide services in the facility, or volunteering in the facility.
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new text begin (h) "Statement" means any oral assertion, written assertion, or nonverbal conduct intended
by the person as an assertion.
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new text begin Subd. 2. new text end

new text begin Evidence. new text end

new text begin (a) Unless a child who is being interviewed or questioned in a manner
that is reasonably likely to elicit an incriminating response and under circumstances in which
a reasonable child would not feel free to leave or terminate the interview or questioning
first consults with an attorney, statements by a child are not admissible in any criminal or
delinquency proceedings against the child to prove the truth of the matter asserted if the
statement was made:
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new text begin (1) to a school staff member, corrections staff member, or social services provider while
that person was performing actions that arise out of and in the course of employment,
contractual duties, or role as a volunteer; or
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new text begin (2) in any conference, hearing, or other proceeding under the Pupil Fair Dismissal Act
in sections 121A.40 to 121A.56, or in any conference, hearing, or other proceeding under
section 125A.091.
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new text begin (b) In assessing a statement made under paragraph (a), the court must determine whether
a reasonable child would feel free to leave or terminate the interview or questioning from
the perspective of the child, considering any warning given, the child's age, intelligence,
education, and experience with the law, and the presence or absence of the child's parents.
new text end

new text begin (c) The child's consultation with an attorney shall be confidential and may take place in
person or by telephone or other electronic means.
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new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin Subdivision 2 does not apply to a threat to a school staff member,
corrections staff member, or social services provider or to a statement made by a child while
committing an act that would be a crime if committed by an adult.
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new text begin Subd. 4. new text end

new text begin Mandatory reporters. new text end

new text begin Nothing in this section prohibits reporting information
as required under chapter 260E or section 626.557.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to statements
made on or after that date.
new text end