HF 2018

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; limiting the definition of 
  1.3             "juvenile petty offender"; amending Minnesota Statutes 
  1.4             1996, section 260.015, subdivision 21. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 260.015, 
  1.7   subdivision 21, is amended to read: 
  1.8      Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
  1.9   OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
  1.10  alcohol offense, a juvenile controlled substance offense, a 
  1.11  violation of section 609.685, or a violation of a local 
  1.12  ordinance, which by its terms prohibits conduct by a child under 
  1.13  the age of 18 years which would be lawful conduct if committed 
  1.14  by an adult.  
  1.15     (b) Except as otherwise provided in paragraph (c), 
  1.16  "juvenile petty offense" also includes an offense that would be 
  1.17  a misdemeanor if committed by an adult.  
  1.18     (c) "Juvenile petty offense" does not include any of the 
  1.19  following: 
  1.20     (1) a misdemeanor-level violation of section 518B.01, 
  1.21  subdivision 14, 588.20, 609.224, 609.2242, 609.324, 609.563, 
  1.22  609.576, 609.66, 609.72, 609.746, 609.748, subdivision 6, or 
  1.23  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) an offense that initially was charged in the petition 
  2.5   as a felony, a gross misdemeanor, or a misdemeanor listed in 
  2.6   clause (1), and subsequently was amended to be a 
  2.7   misdemeanor-level juvenile petty offense by plea agreement; or 
  2.8      (5) a misdemeanor-level offense committed by a child whom 
  2.9   the juvenile court has found to have committed a 
  2.10  misdemeanor-level juvenile petty offense on two or more prior 
  2.11  occasions one prior occasion or who has been referred by the 
  2.12  county attorney to a diversion program for a misdemeanor-level 
  2.13  juvenile petty offense on one prior occasion, unless the county 
  2.14  attorney designates the child on the petition as a juvenile 
  2.15  petty offender notwithstanding this prior record.  As used in 
  2.16  this clause, "misdemeanor-level juvenile petty offense" includes 
  2.17  a misdemeanor-level offense that would have been a juvenile 
  2.18  petty offense if it had been committed on or after July 1, 1995. 
  2.19     (d) A child who commits a juvenile petty offense is a 
  2.20  "juvenile petty offender." 
  2.21     Sec. 2.  [EFFECTIVE DATE.] 
  2.22     Section 1 is effective August 1, 1997, and applies to 
  2.23  offenses committed on or after that date.