1.1 	A bill for an act
1.2 	relating to public safety; amending provisions for juvenile prostitutes found in 
1.3 	need of protection or services; defining sexually exploited youth; increasing 
1.4 	penalty assessments imposed in certain prostitution crimes and amending 
1.5 	distribution of the assessment; clarifying and recodifying certain provisions 
1.6 	and modifying certain definitions in the prostitution laws; appropriating money 
1.7 	to the commissioner of public safety to develop a statewide victim services 
1.8 	model; requiring a report to the legislature;amending Minnesota Statutes 2010, sections 260B.007, subdivisions 6, 16; 260C.007, subdivisions 6, 11, by adding a subdivision; 609.321, subdivisions 4, 8, 9; 609.324, subdivisions 2, 3, by adding subdivisions; 609.3241; 626.558, subdivision 2a; repealing Minnesota Statutes 2010, sections 260B.141, subdivision 5; 260C.141, subdivision 6.1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	ARTICLE 1
1.15 	SEXUALLY EXPLOITED YOUTH

1.16 	Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to 
1.17 	read:
1.18 		Subd. 6.Delinquent child. (a) Except as otherwise provided in paragraph
1.19 	paragraphs (b) and (c), "delinquent child" means a child:
1.20 	(1) who has violated any state or local law, except as provided in section 260B.225, 
1.21 	subdivision 1, and except for juvenile offenders as described in subdivisions 16 to 18; 
1.22 	(2) who has violated a federal law or a law of another state and whose case has been 
1.23 	referred to the juvenile court if the violation would be an act of delinquency if committed 
1.24 	in this state or a crime or offense if committed by an adult;
1.25 	(3) who has escaped from confinement to a state juvenile correctional facility after 
1.26 	being committed to the custody of the commissioner of corrections; or
2.1 	(4) who has escaped from confinement to a local juvenile correctional facility after 
2.2 	being committed to the facility by the court.
2.3 	(b) The term delinquent child does not include a child alleged to have committed 
2.4 	murder in the first degree after becoming 16 years of age, but the term delinquent child 
2.5 	does include a child alleged to have committed attempted murder in the first degree.
2.6 	(c) The term delinquent child does not include a child who is alleged to have 
2.7 	engaged in conduct which would, if committed by an adult, violate any federal, state, or 
2.8 	local law relating to being hired, offering to be hired, or agreeing to be hired by another 
2.9 	individual to engage in sexual penetration or sexual conduct.

2.10 	EFFECTIVE DATE. This section is effective August 1, 2014, and applies to 
2.11 	offenses committed on or after that date.

2.12 	Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:
2.13 		Subd. 16.Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty 
2.14 	offense" includes a juvenile alcohol offense, a juvenile controlled substance offense, 
2.15 	a violation of section 609.685, or a violation of a local ordinance, which by its terms 
2.16 	prohibits conduct by a child under the age of 18 years which would be lawful conduct if 
2.17 	committed by an adult.
2.18 	(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also 
2.19 	includes an offense that would be a misdemeanor if committed by an adult.
2.20 	(c) "Juvenile petty offense" does not include any of the following:
2.21 	(1) a misdemeanor-level violation of section 518B.01,;588.20,;609.224,;609.2242,;
2.22 	609.324, subdivision 2 or 3;609.5632,;609.576,;609.66,;609.746,;609.748,;609.79,;
2.23 	or 617.23;
2.24 	(2) a major traffic offense or an adult court traffic offense, as described in section 
2.25 	260B.225;
2.26 	(3) a misdemeanor-level offense committed by a child whom the juvenile court 
2.27 	previously has found to have committed a misdemeanor, gross misdemeanor, or felony 
2.28 	offense; or
2.29 	(4) a misdemeanor-level offense committed by a child whom the juvenile court 
2.30 	has found to have committed a misdemeanor-level juvenile petty offense on two or 
2.31 	more prior occasions, unless the county attorney designates the child on the petition 
2.32 	as a juvenile petty offender notwithstanding this prior record. As used in this clause, 
2.33 	"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that 
2.34 	would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
3.1 	(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The 
3.2 	term juvenile petty offender does not include a child alleged to have violated any law 
3.3 	relating to being hired, offering to be hired, or agreeing to be hired by another individual 
3.4 	to engage in sexual penetration or sexual conduct which, if committed by an adult, would 
3.5 	be a misdemeanor.

3.6 	EFFECTIVE DATE. This section is effective August 1, 2014, and applies to 
3.7 	offenses committed on or after that date.

3.8 	Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:
3.9 		Subd. 6.Child in need of protection or services. "Child in need of protection or 
3.10 	services" means a child who is in need of protection or services because the child:
3.11 	(1) is abandoned or without parent, guardian, or custodian;
3.12 	(2)(i) has been a victim of physical or sexual abuse as defined in section 626.556, 
3.13 	subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in 
3.14 	subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or 
3.15 	would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or 
3.16 	child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment 
3.17 	as defined in subdivision 15;
3.18 	(3) is without necessary food, clothing, shelter, education, or other required care 
3.19 	for the child's physical or mental health or morals because the child's parent, guardian, 
3.20 	or custodian is unable or unwilling to provide that care;
3.21 	(4) is without the special care made necessary by a physical, mental, or emotional 
3.22 	condition because the child's parent, guardian, or custodian is unable or unwilling to 
3.23 	provide that care;
3.24 	(5) is medically neglected, which includes, but is not limited to, the withholding of 
3.25 	medically indicated treatment from a disabled infant with a life-threatening condition. The 
3.26 	term "withholding of medically indicated treatment" means the failure to respond to the 
3.27 	infant's life-threatening conditions by providing treatment, including appropriate nutrition, 
3.28 	hydration, and medication which, in the treating physician's or physicians' reasonable 
3.29 	medical judgment, will be most likely to be effective in ameliorating or correcting all 
3.30 	conditions, except that the term does not include the failure to provide treatment other 
3.31 	than appropriate nutrition, hydration, or medication to an infant when, in the treating 
3.32 	physician's or physicians' reasonable medical judgment:
3.33 	(i) the infant is chronically and irreversibly comatose;
4.1 	(ii) the provision of the treatment would merely prolong dying, not be effective in 
4.2 	ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be 
4.3 	futile in terms of the survival of the infant; or
4.4 	(iii) the provision of the treatment would be virtually futile in terms of the survival 
4.5 	of the infant and the treatment itself under the circumstances would be inhumane;
4.6 	(6) is one whose parent, guardian, or other custodian for good cause desires to be 
4.7 	relieved of the child's care and custody, including a child who entered foster care under a 
4.8 	voluntary placement agreement between the parent and the responsible social services 
4.9 	agency under section 260C.212, subdivision 8;
4.10 	(7) has been placed for adoption or care in violation of law;
4.11 	(8) is without proper parental care because of the emotional, mental, or physical 
4.12 	disability, or state of immaturity of the child's parent, guardian, or other custodian;
4.13 	(9) is one whose behavior, condition, or environment is such as to be injurious or 
4.14 	dangerous to the child or others. An injurious or dangerous environment may include, but 
4.15 	is not limited to, the exposure of a child to criminal activity in the child's home;
4.16 	(10) is experiencing growth delays, which may be referred to as failure to thrive, that 
4.17 	have been diagnosed by a physician and are due to parental neglect;
4.18 	(11) has engaged in prostitution as defined in section 609.321, subdivision 9 is a 
4.19 	sexually exploited youth as defined in subdivision 31;
4.20 	(12) has committed a delinquent act or a juvenile petty offense before becoming 
4.21 	ten years old;
4.22 	(13) is a runaway;
4.23 	(14) is a habitual truant;
4.24 	(15) has been found incompetent to proceed or has been found not guilty by reason 
4.25 	of mental illness or mental deficiency in connection with a delinquency proceeding, a 
4.26 	certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a 
4.27 	proceeding involving a juvenile petty offense; or
4.28 	(16) has a parent whose parental rights to one or more other children were 
4.29 	involuntarily terminated or whose custodial rights to another child have been involuntarily 
4.30 	transferred to a relative and there is a case plan prepared by the responsible social services 
4.31 	agency documenting a compelling reason why filing the termination of parental rights 
4.32 	petition under section 260C.301, subdivision 3, is not in the best interests of the child.

4.33 	EFFECTIVE DATE. This section is effective August 1, 2011.

4.34 	Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:
4.35 		Subd. 11.Delinquent child. "Delinquent child" means a child:
5.1 	(1) who has violated any state or local law, except as provided in section 260B.225, 
5.2 	subdivision 1, and except for juvenile offenders as described in subdivisions 19 and 28; or
5.3 	(2) who has violated a federal law or a law of another state and whose case has been 
5.4 	referred to the juvenile court if the violation would be an act of delinquency if committed 
5.5 	in this state or a crime or offense if committed by an adult has the meaning given in 
5.6 	section 260B.007, subdivision 6.

5.7 	EFFECTIVE DATE. This section is effective August 1, 2011.

5.8 	Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a 
5.9 	subdivision to read:
5.10 		Subd. 31.Sexually exploited youth. "Sexually exploited youth" means an 
5.11 	individual who:
5.12 	(1) is alleged to have engaged in conduct which would, if committed by an adult, 
5.13 	violate any federal, state, or local law relating to being hired, offering to be hired, or 
5.14 	agreeing to be hired by another individual to engage in sexual penetration or sexual 
5.15 	conduct;
5.16 	(2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451, 
5.17 	609.3453, 609.352, 617.246, or 617.247;
5.18 	(3) is a victim of a crime described in United States Code, title 18, section 2260; 
5.19 	2421; 2422; 2423; 2425; 2425A; or 2256; or
5.20 	(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.

5.21 	EFFECTIVE DATE. This section is effective August 1, 2011.

5.22 	Sec. 6. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
5.23 		Subd. 8.Prostitute. "Prostitute" means an individual 18 years of age or older who 
5.24 	engages in prostitution.

5.25 	EFFECTIVE DATE. This section is effective August 1, 2014, and applies to crimes 
5.26 	committed on or after that date.

5.27 	Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read:
5.28 	609.3241 PENALTY ASSESSMENT AUTHORIZED.
5.29 	(a) When a court sentences an adult convicted of violating section 609.322 or 
5.30 	609.324, while acting other than as a prostitute, the court shall impose an assessment of 
5.31 	not less than $250 $500 and not more than $500 $750 for a violation of section 609.324, 
6.1 	subdivision 2, or a misdemeanor violation of section 609.324, subdivision 3; otherwise 
6.2 	the court shall impose an assessment of not less than $500 $750 and not more than 
6.3 	$1,000. The mandatory minimum portion of the assessment is to be used for the purposes 
6.4 	described in section 626.558, subdivision 2a, shall be distributed as provided in paragraph 
6.5 	(c) and is in addition to the surcharge required by section 357.021, subdivision 6. Any 
6.6 	portion of the assessment imposed in excess of the mandatory minimum amount shall be 
6.7 	deposited in an account in the special revenue fund and is appropriated annually to the 
6.8 	commissioner of public safety. The commissioner, with the assistance of the General 
6.9 	Crime Victims Advisory Council, shall use money received under this section for grants to 
6.10 	agencies that provide assistance to individuals who have stopped or wish to stop engaging 
6.11 	in prostitution. Grant money may be used to provide these individuals with medical care, 
6.12 	child care, temporary housing, and educational expenses.
6.13 	(b) The court may not waive payment of the minimum assessment required by 
6.14 	this section. If the defendant qualifies for the services of a public defender or the court 
6.15 	finds on the record that the convicted person is indigent or that immediate payment of 
6.16 	the assessment would create undue hardship for the convicted person or that person's 
6.17 	immediate family, the court may reduce the amount of the minimum assessment to not 
6.18 	less than $100. The court also may authorize payment of the assessment in installments. 
6.19 	(c) The assessment collected under paragraph (a) must be distributed as follows:
6.20 	(1) 40 percent of the assessment shall be forwarded to the political subdivision that 
6.21 	employs the arresting officer for use in enforcement, training, and education activities 
6.22 	related to combating sexual exploitation of youth, or if the arresting officer is an employee 
6.23 	of the state, this portion shall be forwarded to the commissioner of public safety for those 
6.24 	purposes identified in clause (3);
6.25 	(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that 
6.26 	handled the case for use in training and education activities relating to combating sexual 
6.27 	exploitation activities of youth; and
6.28 	(3) 40 percent of the assessment must be forwarded to the commissioner of public 
6.29 	safety to be deposited in the safe harbor for youth account in the special revenue fund 
6.30 	and are appropriated to the commissioner for distribution to crime victims services 
6.31 	organizations that provide services to sexually exploited youth, as defined in section 
6.32 	260C.007, subdivision 31.
6.33 	(d) A safe harbor for youth account is established as a special account in the state 
6.34 	treasury.

6.35 	EFFECTIVE DATE. This section is effective August 1, 2011.

7.1 	Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:
7.2 		Subd. 2a.Juvenile prostitution Sexually exploited youth outreach program. A 
7.3 	multidisciplinary child protection team may assist the local welfare agency, local law 
7.4 	enforcement agency, or an appropriate private organization in developing a program of 
7.5 	outreach services for juveniles who are engaging in prostitution sexually exploited youth, 
7.6 	including homeless, runaway, and truant youth who are at risk of sexual exploitation. 
7.7 	For the purposes of this subdivision, at least one representative of a youth intervention 
7.8 	program or, where this type of program is unavailable, one representative of a nonprofit 
7.9 	agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary 
7.10 	child protection team in addition to the standing members of the team. These services may 
7.11 	include counseling, medical care, short-term shelter, alternative living arrangements, and 
7.12 	drop-in centers. The county may finance these services by means of the penalty assessment 
7.13 	authorized by section 609.3241. A juvenile's receipt of intervention services under this 
7.14 	subdivision may not be conditioned upon the juvenile providing any evidence or testimony. 

7.15 	EFFECTIVE DATE. This section is effective August 1, 2011.

7.16 	Sec. 9. SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY 
7.17 	EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.
 7.18 	(a) If sufficient funding from outside sources is donated, the commissioner of public 
7.19 	safety shall develop a statewide model as provided in this section. By June 30, 2012, the 
7.20 	commissioner of public safety, in consultation with the commissioners of health and 
7.21 	human services, shall develop a victim services model to address the needs of sexually 
7.22 	exploited youth and youth at risk of sexual exploitation. The commissioner shall take into 
7.23 	consideration the findings and recommendations as reported to the legislature on the 
7.24 	results of the safe harbor for sexually exploited youth pilot project authorized by Laws 
7.25 	2006, chapter 282, article 13, section 4, paragraph (b). In addition, the commissioner 
7.26 	shall seek recommendations from prosecutors, public safety officials, public health 
7.27 	professionals, child protection workers, and service providers.
7.28 	(b) By January 15, 2013, the commissioner of public safety shall report to the chairs 
7.29 	and ranking minority members of the senate and house of representatives divisions having 
7.30 	jurisdiction over health and human services and criminal justice funding and policy on the 
7.31 	development of the statewide model, including recommendations for additional legislation 
7.32 	or funding for services for sexually exploited youth or youth at risk of sexual exploitation.
7.33 	(c) As used in this section, "sexually exploited youth" has the meaning given in 
7.34 	section 260C.007, subdivision 31.

8.1 	EFFECTIVE DATE. This section is effective August 1, 2011.

8.2 	Sec. 10.  REPEALER.
 8.3 	Minnesota Statutes 2010, sections 260B.141, subdivision 5; and 260C.141, 
8.4 	subdivision 6, are repealed.

8.5 	EFFECTIVE DATE. This section is effective August 1, 2014.

8.6 	ARTICLE 2
8.7 	PROSTITUTION CRIMES

8.8 	Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:
8.9 		Subd. 4.Patron. "Patron" means an individual who hires or offers or agrees
8.10 	engages in prostitution by hiring, offering to hire, or agreeing to hire another individual to 
8.11 	engage in sexual penetration or sexual contact.

8.12 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
8.13 	committed on or after that date.

8.14 	Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
8.15 		Subd. 8.Prostitute. "Prostitute" means an individual who engages in prostitution
8.16 	by being hired, offering to be hired, or agreeing to be hired by another individual to 
8.17 	engage in sexual penetration or sexual contact.

8.18 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
8.19 	committed on or after that date.

8.20 	Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:
8.21 		Subd. 9.Prostitution. "Prostitution" means engaging or offering or agreeing to 
8.22 	engage for hire hiring, offering to hire, or agreeing to hire another individual to engage in 
8.23 	sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be 
8.24 	hired by another individual to engage  in sexual penetration or sexual contact.

8.25 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
8.26 	committed on or after that date.

8.27 	Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:
9.1 		Subd. 2. Prostitution in public place; penalty for patrons. Whoever, while acting 
9.2 	as a patron, intentionally does any of the following while in a public place is guilty of a 
9.3 	gross misdemeanor:
9.4 	(1) engages in prostitution with an individual 18 years of age or older; or
9.5 	(2) hires or, offers to hire, or agrees to hire an individual 18 years of age or older to 
9.6 	engage in sexual penetration or sexual contact.
9.7 	Except as otherwise provided in subdivision 4, a person who is convicted of violating this 
9.8 	subdivision while acting as a patron must, at a minimum, be sentenced to pay a fine 
9.9 	of at least $1,500.

9.10 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
9.11 	committed on or after that date.

9.12 	Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:
9.13 		Subd. 3.General prostitution crimes; penalties for patrons. (a) Whoever, while 
9.14 	acting as a patron, intentionally does any of the following is guilty of a misdemeanor:
9.15 	(1) engages in prostitution with an individual 18 years of age or above older; or
9.16 	(2) hires or, offers to hire, or agrees to hire an individual 18 years of age or above
9.17 	older to engage in sexual penetration or sexual contact. Except as otherwise provided in 
9.18 	subdivision 4, a person who is convicted of violating this paragraph while acting as a 
9.19 	patron must, at a minimum, be sentenced to pay a fine of at least $500.
9.20 	(b) Whoever violates the provisions of this subdivision within two years of a 
9.21 	previous prostitution conviction for violating this section or section 609.322 is guilty 
9.22 	of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who 
9.23 	is convicted of violating this paragraph while acting as a patron must, at a minimum, 
9.24 	be sentenced as follows:
9.25 	(1) to pay a fine of at least $1,500; and
9.26 	(2) to serve 20 hours of community work service.
9.27 	The court may waive the mandatory community work service if it makes specific, 
9.28 	written findings that the community work service is not feasible or appropriate under the 
9.29 	circumstances of the case.

9.30 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
9.31 	committed on or after that date.

9.32 	Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision 
9.33 	to read:
10.1 		Subd. 6.Prostitution in public place; penalty for prostitutes. Whoever, while 
10.2 	acting as a prostitute, intentionally does any of the following while in a public place is 
10.3 	guilty of a gross misdemeanor:
10.4 	(1) engages in prostitution with an individual 18 years of age or older; or
10.5 	(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age 
10.6 	or older to engage in sexual penetration or sexual contact.

10.7 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
10.8 	committed on or after that date.

10.9 	Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision 
10.10 	to read:
10.11 		Subd. 7.General prostitution crimes; penalties for prostitutes. (a) Whoever, 
10.12 	while acting as a prostitute, intentionally does any of the following is guilty of a 
10.13 	misdemeanor: 
10.14 	(1) engages in prostitution with an individual 18 years of age or older; or
10.15 	(2) is hired, offers to be hired, or agrees to be hired  by an individual 18 years of age 
10.16 	or older to engage in sexual penetration or sexual contact.
10.17 	(b) Whoever violates the provisions of this subdivision within two years of a 
10.18 	previous prostitution conviction for violating this section or section 609.322 is guilty 
10.19 	of a gross misdemeanor.

10.20 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
10.21 	committed on or after that date.