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Minnesota Legislature

Office of the Revisor of Statutes

HF 306

as introduced - 87th Legislature (2011 - 2012) Posted on 01/31/2011 10:50am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/31/2011

Current Version - as introduced

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A bill for an act
relating to public safety; establishing Emily's law; lowering the age of adult
certification and extended jurisdiction juvenile prosecution for juveniles;
defining a violent juvenile offense; amending Minnesota Statutes 2010, sections
260B.007, by adding a subdivision; 260B.125, subdivision 1; 260B.130,
subdivision 1; 260B.141, subdivision 4; 260B.198, subdivision 6; 609.055.

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

Section 1.

Minnesota Statutes 2010, section 260B.007, is amended by adding a
subdivision to read:


new text begin Subd. 21. new text end

new text begin Violent juvenile offense. new text end

new text begin "Violent juvenile offense" means any of the
following offenses that would be a felony if committed by an adult: sections 609.185
(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in
the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
the second degree); 609.221 (assault in the first degree); 609.222 (assault in the second
degree); 609.223 (assault in the third degree); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h) (criminal sexual
conduct in the first degree; involving injury, force, or weapons); 609.343, subdivision 1,
paragraph (c), (d), (e), (f), or (h) (criminal sexual conduct in the second degree; involving
injury, force, or weapons); 609.344, subdivision 1, paragraph (c) or (g) (criminal sexual
conduct in the third degree; involving force or injury); 609.345, subdivision 1, paragraph
(c) or (g) (criminal sexual conduct in the fourth degree; involving force or injury); and
609.377 (malicious punishment of a child).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to
offenses committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 260B.125, subdivision 1, is amended to read:


Subdivision 1.

Order.

When a child is alleged to have committednew text begin a violent juvenile
offense or
new text end, after becoming 14 years of age, an offense that would be a felony if committed
by an adult, the juvenile court may enter an order certifying the proceeding for action
under the laws and court procedures controlling adult criminal violations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to
offenses committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2010, section 260B.130, subdivision 1, is amended to read:


Subdivision 1.

Designation.

A proceeding involving a child alleged to have
committed a felony offense is an extended jurisdiction juvenile prosecution if:

(1) the child was 14 to 17 years old at the time of the alleged offense, a certification
hearing was held, and the court designated the proceeding an extended jurisdiction
juvenile prosecution;

(2) the child was 16 or 17 years old at the time of the alleged offense; the child is
alleged to have committed an offense for which the Sentencing Guidelines and applicable
statutes presume a commitment to prison or to have committed any felony in which the
child allegedly used a firearm; and the prosecutor designated in the delinquency petition
that the proceeding is an extended jurisdiction juvenile prosecution; deleted text beginor
deleted text end

(3) the child was 14 to 17 years old at the time of the alleged offense, the prosecutor
requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
a hearing was held on the issue of designation, and the court designated the proceeding an
extended jurisdiction juvenile prosecutionnew text begin;
new text end

new text begin (4) the alleged offense is a violent juvenile offense, a certification hearing was held,
and the court designated the proceeding an extended jurisdiction juvenile prosecution; or
new text end

new text begin (5) the alleged offense is a violent juvenile offense, the prosecutor requested that the
proceeding be designated an extended jurisdiction juvenile prosecution, a hearing was
held on the issue of designation, and the court designated the proceeding an extended
jurisdiction juvenile prosecution
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to
offenses committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2010, section 260B.141, subdivision 4, is amended to read:


Subd. 4.

Delinquency petition; extended jurisdiction juvenile.

When a prosecutor
files a delinquency petition alleging that a child committed a felony offense for which
there is a presumptive commitment to prison according to the Sentencing Guidelines
and applicable statutes or in which the child used a firearm, after reaching the age of
16 years, the prosecutor shall indicate in the petition whether the prosecutor designates
the proceeding an extended jurisdiction juvenile prosecution. When a prosecutor files a
delinquency petition alleging thatnew text begin a child committed a violent juvenile offense ornew text end a child
aged 14 to 17 years committed a felony offense, the prosecutor may request that the court
designate the proceeding an extended jurisdiction juvenile prosecution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to
offenses committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2010, section 260B.198, subdivision 6, is amended to read:


Subd. 6.

Expungement.

Except when legal custody is transferred under the
provisions of subdivision 1, clause (4),new text begin or a child is adjudicated delinquent for committing
a violent juvenile offense,
new text end the court may expunge the adjudication of delinquency at
any time that it deems advisable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to
offenses committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2010, section 609.055, is amended to read:


609.055 CAPABILITY OF CHILDREN TO COMMIT CRIME.

Subdivision 1.

General rule.

Children under the age of deleted text begin14deleted text endnew text begin tennew text end years are incapable
of committing crime.

Subd. 2.

Adult prosecution.

(a) Except as otherwise provided in deleted text beginparagraphdeleted text endnew text begin
paragraphs
new text end (b)deleted text begin,deleted text endnew text begin and (c):new text end

new text begin (1) new text endchildren of the age of 14 years or over but under 18 years may be prosecuted for
a felony offense if the alleged violation is duly certified for prosecution under the laws and
court procedures controlling adult criminal violations or may be designated an extended
jurisdiction juvenile in accordance with the provisions of chapter 260Bnew text begin; and
new text end

new text begin (2) children of the age of ten years or over but under 18 years may be prosecuted for
a violent juvenile offense, as defined in section 260B.007, subdivision 21, if the alleged
violation is duly certified for prosecution under the laws and court procedures controlling
adult criminal violations or may be designated an extended jurisdiction juvenile in
accordance with chapter 260B
new text end.

new text begin (b) new text endA child who is 16 years of age or older but under 18 years of age is capable of
committing a crime and may be prosecuted for a felony if:

(1) the child has been previously certified on a felony charge pursuant to a hearing
under section 260B.125, subdivision 2, or pursuant to the waiver of the right to such a
hearing, or prosecuted pursuant to this subdivision; and

(2) the child was convicted of the felony offense or offenses for which the child was
prosecuted or of a lesser included felony offense.

deleted text begin (b)deleted text endnew text begin (c)new text end A child who is alleged to have committed murder in the first degree after
becoming 16 years of age is capable of committing a crime and may be prosecuted for
the felony. This paragraph does not apply to a child alleged to have committed attempted
murder in the first degree after becoming 16 years of age.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to
offenses committed on or after that date.
new text end