HF 17

Introduction - 80th Legislature, 1997 3rd Special Session

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to public safety; authorizing release of 
  1.3             investigative data relating to crimes perpetrated by a 
  1.4             juvenile; amending Minnesota Statutes 1997 Supplement, 
  1.5             section 260.161, subdivision 2.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.8   260.161, subdivision 2, is amended to read: 
  1.9      Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] Except as 
  1.10  otherwise provided in this section, and except for legal records 
  1.11  arising from proceedings or portions of proceedings that are 
  1.12  public under section 260.155, subdivision 1, none of the records 
  1.13  of the juvenile court and none of the records relating to an 
  1.14  appeal from a nonpublic juvenile court proceeding, except the 
  1.15  written appellate opinion, shall be open to public inspection or 
  1.16  their contents disclosed except (a) by order of a court, (b) as 
  1.17  required by sections 245A.04, 611A.03, 611A.04, 611A.06, and 
  1.18  629.73, or (c) the name of a juvenile who is the subject of a 
  1.19  delinquency petition shall be released to the victim of the 
  1.20  alleged delinquent act upon the victim's upon receipt of a 
  1.21  written request; unless it reasonably appears that the request 
  1.22  is prompted by a desire on the part of the requester to engage 
  1.23  in unlawful activities.  The records of juvenile probation 
  1.24  officers and county home schools are records of the court for 
  1.25  the purposes of this subdivision.  Court services data relating 
  2.1   to delinquent acts that are contained in records of the juvenile 
  2.2   court may be released as allowed under section 13.84, 
  2.3   subdivision 5a.  This subdivision applies to all proceedings 
  2.4   under this chapter, including appeals from orders of the 
  2.5   juvenile court, except that this subdivision does not apply to 
  2.6   proceedings under section 260.255, 260.261, or 260.315 when the 
  2.7   proceeding involves an adult defendant.  The court shall 
  2.8   maintain the confidentiality of adoption files and records in 
  2.9   accordance with the provisions of laws relating to adoptions.  
  2.10  In juvenile court proceedings any report or social history 
  2.11  furnished to the court shall be open to inspection by the 
  2.12  attorneys of record and the guardian ad litem a reasonable time 
  2.13  before it is used in connection with any proceeding before the 
  2.14  court. 
  2.15     When a judge of a juvenile court, or duly authorized agent 
  2.16  of the court, determines under a proceeding under this chapter 
  2.17  that a child has violated a state or local law, ordinance, or 
  2.18  regulation pertaining to the operation of a motor vehicle on 
  2.19  streets and highways, except parking violations, the judge or 
  2.20  agent shall immediately report the violation to the commissioner 
  2.21  of public safety.  The report must be made on a form provided by 
  2.22  the department of public safety and must contain the information 
  2.23  required under section 169.95.