HF 750

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; allowing a prosecutor to treat 
  1.3             a child alleged to have committed certain misdemeanor 
  1.4             offenses as a delinquent child; amending Minnesota 
  1.5             Statutes 1998, section 260.015, subdivision 21. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 260.015, 
  1.8   subdivision 21, is amended to read: 
  1.9      Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
  1.10  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
  1.11  alcohol offense, a juvenile controlled substance offense, a 
  1.12  violation of section 609.685, or a violation of a local 
  1.13  ordinance, which by its terms prohibits conduct by a child under 
  1.14  the age of 18 years which would be lawful conduct if committed 
  1.15  by an adult.  
  1.16     (b) Except as otherwise provided in paragraph (c), 
  1.17  "juvenile petty offense" also includes an offense that would be 
  1.18  a misdemeanor if committed by an adult.  
  1.19     (c) "Juvenile petty offense" does not include any of the 
  1.20  following: 
  1.21     (1) a misdemeanor-level violation of section 588.20, 
  1.22  609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746, 
  1.23  609.79, or 617.23; 
  1.24     (2) a major traffic offense or an adult court traffic 
  1.25  offense, as described in section 260.193; 
  2.1      (3) a misdemeanor-level offense committed by a child whom 
  2.2   the juvenile court previously has found to have committed a 
  2.3   misdemeanor, gross misdemeanor, or felony offense; or 
  2.4      (4) a misdemeanor-level offense committed by a child whom 
  2.5   the juvenile court has found to have committed a 
  2.6   misdemeanor-level juvenile petty offense on two or more prior 
  2.7   occasions, unless the county attorney designates the child on 
  2.8   the petition as a juvenile petty offender notwithstanding this 
  2.9   prior record.  As used in this clause, "misdemeanor-level 
  2.10  juvenile petty offense" includes a misdemeanor-level offense 
  2.11  that would have been a juvenile petty offense if it had been 
  2.12  committed on or after July 1, 1995; or 
  2.13     (5) a misdemeanor-level offense other than an offense 
  2.14  listed in paragraph (c), clause (1), (3), or (4), where the 
  2.15  prosecutor elects to treat the child as a delinquent child.  If 
  2.16  the prosecutor elects to treat the child as a delinquent child, 
  2.17  a petition must be filed in the manner provided in section 
  2.18  260.131, summons issued, notice given, hearing held, and the 
  2.19  court must find as a further fact that the child is delinquent 
  2.20  within the meaning and purpose of the laws related to juvenile 
  2.21  court.  
  2.22     (d) A child who commits a juvenile petty offense is a 
  2.23  "juvenile petty offender." 
  2.24     Sec. 2.  [EFFECTIVE DATE.] 
  2.25     Section 1 is effective August 1, 1999, and applies to 
  2.26  offenses committed on or after that date.