HF 1980

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; prohibiting the 
  1.3             prosecuting attorney from disclosing certain 
  1.4             information in a juvenile proceeding unless first 
  1.5             requested to do so; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 260. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [260.129] [DISCOVERY.] 
  1.9      Subdivision 1.  [PROCEDURE FOR DISCLOSURE.] The prosecuting 
  1.10  attorney may not disclose to the child's counsel information 
  1.11  related to the names, addresses, prior record, or statements of 
  1.12  witnesses; statements of the child and any accomplices; 
  1.13  documents and tangible objects; reports of examinations and 
  1.14  tests; the prior record of the child; or exculpatory information 
  1.15  unless the child's counsel requests this information.  If a 
  1.16  request is made, the prosecuting attorney shall disclose this 
  1.17  information within five days of the receipt of the request.  As 
  1.18  used in this section, "child's counsel" includes the child, if 
  1.19  the child is proceeding pro se. 
  1.20     Subd. 2.  [APPLICABILITY.] Subdivision 1 applies to 
  1.21  discovery in delinquency proceedings, certification hearings, 
  1.22  and extended jurisdiction juvenile proceedings and prosecutions. 
  1.23     Sec. 2.  [RULE SUPERSEDED.] 
  1.24     Minnesota Rules of Juvenile Procedure, rule 10.04, 
  1.25  subdivision 1, is superseded to the extent it conflicts with 
  1.26  section 1. 
  2.1      Sec. 3.  [EFFECTIVE DATE.] 
  2.2      Sections 1 and 2 are effective August 1, 1997, for acts 
  2.3   occurring on or after that date.