HF 2939

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to juveniles; providing for adult court 
  1.3             jurisdiction over certain juvenile offenders who are 
  1.4             accused of committing a serious crime with a firearm; 
  1.5             amending Minnesota Statutes 1999 Supplement, sections 
  1.6             260B.007, subdivision 6; 260B.103, subdivision 1; 
  1.7             260B.125, subdivision 5; 609.055, subdivision 2; and 
  1.8             641.14. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.11  260B.007, subdivision 6, is amended to read: 
  1.12     Subd. 6.  [DELINQUENT CHILD.] (a) Except as otherwise 
  1.13  provided in paragraph (b), "delinquent child" means a child: 
  1.14     (1) who has violated any state or local law, except as 
  1.15  provided in section 260B.225, subdivision 1, and except for 
  1.16  juvenile offenders as described in subdivisions 16 to 18; 
  1.17     (2) who has violated a federal law or a law of another 
  1.18  state and whose case has been referred to the juvenile court if 
  1.19  the violation would be an act of delinquency if committed in 
  1.20  this state or a crime or offense if committed by an adult; 
  1.21     (3) who has escaped from confinement to a state juvenile 
  1.22  correctional facility after being committed to the custody of 
  1.23  the commissioner of corrections; or 
  1.24     (4) who has escaped from confinement to a local juvenile 
  1.25  correctional facility after being committed to the facility by 
  1.26  the court. 
  1.27     (b) The term Delinquent child does not include a child 
  2.1   alleged to have committed murder in the first degree any of the 
  2.2   following offenses after becoming 16 years of age, but: 
  2.3      (1) murder in the first degree; or 
  2.4      (2) an offense listed in section 609.11, subdivision 9, if 
  2.5   the prosecuting authority alleges the use or possession of a 
  2.6   firearm under section 609.11, subdivision 7. 
  2.7   The term Delinquent child does include a child alleged to have 
  2.8   committed attempted murder in the first degree.  
  2.9      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.10  260B.103, subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [TRANSFERS REQUIRED.] A court other than a 
  2.12  juvenile court shall immediately transfer to the juvenile court 
  2.13  the case of a juvenile who appears before the court on a charge 
  2.14  of violating any state or local law or ordinance and who is 
  2.15  under 18 years of age or who was under 18 years of age at the 
  2.16  time of the commission of the alleged offense, except where a: 
  2.17     (1)  the juvenile court has certified an alleged violation 
  2.18  in accordance with the provisions of section 260B.125,; 
  2.19     (2) the child juvenile is alleged to have committed murder 
  2.20  in the first degree after becoming 16 years of age, or a; 
  2.21     (3) the juvenile is alleged to have committed, after 
  2.22  becoming 16 years of age, an offense listed in section 609.11, 
  2.23  subdivision 9, while using or possessing a firearm; or 
  2.24     (4) the court has original jurisdiction of a child juvenile 
  2.25  who has committed an adult court traffic offense, as defined in 
  2.26  section 260B.225, subdivision 1, clause paragraph (c), a court 
  2.27  other than a juvenile court shall immediately transfer to the 
  2.28  juvenile court of the county the case of a minor who appears 
  2.29  before the court on a charge of violating any state or local law 
  2.30  or ordinance and who is under 18 years of age or who was under 
  2.31  18 years of age at the time of the commission of the alleged 
  2.32  offense.  
  2.33     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  2.34  260B.125, subdivision 5, is amended to read: 
  2.35     Subd. 5.  [PRIOR CERTIFICATION; EXCEPTION.] Notwithstanding 
  2.36  the provisions of subdivisions 2, 3, and 4, the court shall 
  3.1   order a certification in any felony case if the prosecutor shows 
  3.2   that the child has been previously prosecuted on a felony charge:
  3.3      (1) in district court under section 609.055, subdivision 2, 
  3.4   paragraph (b); or 
  3.5      (2) by an order of certification issued pursuant to either 
  3.6   a hearing held under subdivision 2 or pursuant to the waiver of 
  3.7   the right to such a hearing, other than a prior certification in 
  3.8   the same case. 
  3.9      This subdivision only applies if the child is convicted of 
  3.10  the offense or offenses for which the child was prosecuted under 
  3.11  section 609.066 or pursuant to the order of certification or of 
  3.12  a lesser-included offense which is a felony.  
  3.13     This subdivision does not apply to juvenile offenders who 
  3.14  are subject to criminal court jurisdiction under section 609.055.
  3.15     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  3.16  609.055, subdivision 2, is amended to read: 
  3.17     Subd. 2.  [ADULT PROSECUTION.] (a) Except as otherwise 
  3.18  provided in paragraph (b), children of the age of 14 years or 
  3.19  over but under 18 years may be prosecuted for a felony offense 
  3.20  if the alleged violation is duly certified for prosecution under 
  3.21  the laws and court procedures controlling adult criminal 
  3.22  violations or may be designated an extended jurisdiction 
  3.23  juvenile in accordance with the provisions of chapter 260B.  A 
  3.24  child who is 16 years of age or older but under 18 years of age 
  3.25  is capable of committing a crime and may be prosecuted for a 
  3.26  felony if: 
  3.27     (1) the child has been previously certified on a felony 
  3.28  charge pursuant to a hearing under section 260B.125, subdivision 
  3.29  2, or pursuant to the waiver of the right to such a hearing,; or 
  3.30  prosecuted pursuant to this subdivision; and 
  3.31     (2) the child was convicted of the felony offense or 
  3.32  offenses for which the child was prosecuted or of a lesser 
  3.33  included felony offense. 
  3.34     (b) A child who is alleged to have committed murder in the 
  3.35  first degree, or an offense listed in section 609.11, 
  3.36  subdivision 9, while using or possessing a firearm, after 
  4.1   becoming 16 years of age, is capable of committing a crime and 
  4.2   may be prosecuted for the felony.  This paragraph does not apply 
  4.3   to a child alleged to have committed attempted murder in the 
  4.4   first degree after becoming 16 years of age. 
  4.5      Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  4.6   641.14, is amended to read: 
  4.7      641.14 [JAILS; SEPARATION OF PRISONERS.] 
  4.8      The sheriff of each county is responsible for the operation 
  4.9   and condition of the jail.  If construction of the jail permits, 
  4.10  the sheriff shall maintain strict separation of prisoners to the 
  4.11  extent that separation is consistent with prisoners' security, 
  4.12  safety, health, and welfare.  The sheriff shall not keep in the 
  4.13  same room or section of the jail: 
  4.14     (1) a minor under 18 years old and a prisoner who is 18 
  4.15  years old or older, unless: 
  4.16     (i) the minor has been committed to the commissioner of 
  4.17  corrections under section 609.105; 
  4.18     (ii) the minor has been referred for adult prosecution and 
  4.19  the prosecuting authority has filed a notice of intent to 
  4.20  prosecute the matter for which the minor is being held under 
  4.21  section 260B.125; or 
  4.22     (iii) the minor is 16 or 17 years old and has been indicted 
  4.23  for murder in the first degree or has been charged with 
  4.24  committing an offense listed in section 609.11, subdivision 9, 
  4.25  while using or possessing a firearm; 
  4.26     (2) a female prisoner and a male prisoner; and 
  4.27     (3) a minor under 18 years old and an extended jurisdiction 
  4.28  juvenile 18 years old or older who is alleged to have violated 
  4.29  the conditions of the stay of execution. 
  4.30     Sec. 6.  [EFFECTIVE DATE.] 
  4.31     Sections 1 to 5 are effective August 1, 2000, and apply to 
  4.32  offenses committed on or after that date.