HF 87

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to juveniles; requiring that juveniles who 
  1.3             are adjudicated delinquent for or convicted of illegal 
  1.4             possession of a pistol be held in confinement for not 
  1.5             less than 30 days; amending Minnesota Statutes 1996, 
  1.6             sections 260.185, subdivision 1a; and 624.713, 
  1.7             subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 260.185, 
  1.10  subdivision 1a, is amended to read: 
  1.11     Subd. 1a.  [POSSESSION OF FIREARM OR DANGEROUS WEAPON.] (a) 
  1.12  If the child is petitioned and found delinquent by the court, 
  1.13  and the court also finds that the child was in possession of a 
  1.14  firearm at the time of the offense, in addition to any other 
  1.15  disposition the court shall order that the firearm be 
  1.16  immediately seized and shall order that the child be required to 
  1.17  serve at least 100 hours of community work service unless the 
  1.18  child is placed in a residential treatment program or a juvenile 
  1.19  correctional facility.  
  1.20     (b) If the child is petitioned and found delinquent by the 
  1.21  court, and the court finds that the child was in possession of a 
  1.22  dangerous weapon in a school zone, as defined in section 152.01, 
  1.23  subdivision 14a, clauses (1) and (3), at the time of the 
  1.24  offense, the court also shall order that the child's driver's 
  1.25  license be canceled or driving privileges denied until the 
  1.26  child's 18th birthday.  The court shall send a copy of its order 
  2.1   to the commissioner of public safety and, upon receipt of the 
  2.2   order, the commissioner is authorized to cancel the child's 
  2.3   driver's license or deny the child's driving privileges without 
  2.4   a hearing. 
  2.5      (c) If the child is petitioned and found delinquent by the 
  2.6   court for illegally possessing a pistol in violation of section 
  2.7   624.713, the court shall order that the child be committed to 
  2.8   the custody of a county home school or the commissioner of 
  2.9   corrections for not less than 30 days. 
  2.10     Sec. 2.  Minnesota Statutes 1996, section 624.713, 
  2.11  subdivision 2, is amended to read: 
  2.12     Subd. 2.  [PENALTIES.] (a) A person named in subdivision 1, 
  2.13  clause (a), who possesses a pistol or semiautomatic 
  2.14  military-style assault weapon is guilty of a felony and may be 
  2.15  sentenced to imprisonment for not more than five years or to 
  2.16  payment of a fine of not more than $10,000, or both.  
  2.17     (b) A person named in subdivision 1, clause (b), who 
  2.18  possesses any type of firearm is guilty of a felony and may be 
  2.19  sentenced to imprisonment for not more than 15 years or to 
  2.20  payment of a fine of not more than $30,000, or both.  A person 
  2.21  named in any other clause of subdivision 1 who possesses any 
  2.22  type of firearm is guilty of a gross misdemeanor.  
  2.23     (c) Any minor convicted of unlawfully possessing a pistol 
  2.24  under this section who receives a stayed sentence shall be 
  2.25  sentenced to at least 30 days' imprisonment in a local 
  2.26  correctional facility as a condition of probation. 
  2.27     Sec. 3.  [EFFECTIVE DATE.] 
  2.28     Sections 1 and 2 are effective August 1, 1997, and apply to 
  2.29  acts committed on or after that date.