HF 2456

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; requiring persons 
  1.3             under age 12 to wear protective headgear when riding 
  1.4             or being carried by a bicycle on a roadway, sidewalk, 
  1.5             or bicycle path or trail; prohibiting parent or 
  1.6             guardian from knowingly permitting a violation; 
  1.7             amending Minnesota Statutes 1998, sections 169.222, by 
  1.8             adding a subdivision; and 260.015, subdivision 21. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 169.222, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 6a.  [HELMETS.] (a) No person under the age of 12 
  1.13  years may ride a bicycle on a roadway, sidewalk, bicycle path, 
  1.14  or bicycle trail unless the person is wearing protective 
  1.15  headgear that complies with standards established by the 
  1.16  commissioner. 
  1.17     (b) No person may transport a person under the age of 12 
  1.18  years as a passenger on a bicycle or in a device drawn by a 
  1.19  bicycle unless the person under the age of 12 years is wearing 
  1.20  protective headgear that complies with standards established by 
  1.21  the commissioner. 
  1.22     (c) A parent or guardian of a person under the age of 12 
  1.23  years who knowingly permits the person to ride a bicycle or who 
  1.24  knowingly permits the person to ride as a passenger on a bicycle 
  1.25  or in a device drawn by a bicycle in violation of paragraph (a) 
  1.26  or (b) is guilty of a petty misdemeanor. 
  1.27     Sec. 2.  Minnesota Statutes 1998, section 260.015, 
  2.1   subdivision 21, is amended to read: 
  2.2      Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
  2.3   OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
  2.4   alcohol offense, a juvenile controlled substance offense, a 
  2.5   violation of section 609.685, a violation of section 169.222, 
  2.6   subdivision 6a, paragraph (a), or a violation of a local 
  2.7   ordinance, which by its terms prohibits conduct by a child under 
  2.8   the age of 18 years which would be lawful conduct if committed 
  2.9   by an adult.  
  2.10     (b) Except as otherwise provided in paragraph (c), 
  2.11  "juvenile petty offense" also includes an offense that would be 
  2.12  a misdemeanor if committed by an adult.  
  2.13     (c) "Juvenile petty offense" does not include any of the 
  2.14  following: 
  2.15     (1) a misdemeanor-level violation of section 588.20, 
  2.16  609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746, 
  2.17  609.79, or 617.23; 
  2.18     (2) a major traffic offense or an adult court traffic 
  2.19  offense, as described in section 260.193; 
  2.20     (3) a misdemeanor-level offense committed by a child whom 
  2.21  the juvenile court previously has found to have committed a 
  2.22  misdemeanor, gross misdemeanor, or felony offense; or 
  2.23     (4) a misdemeanor-level offense committed by a child whom 
  2.24  the juvenile court has found to have committed a 
  2.25  misdemeanor-level juvenile petty offense on two or more prior 
  2.26  occasions, unless the county attorney designates the child on 
  2.27  the petition as a juvenile petty offender notwithstanding this 
  2.28  prior record.  As used in this clause, "misdemeanor-level 
  2.29  juvenile petty offense" includes a misdemeanor-level offense 
  2.30  that would have been a juvenile petty offense if it had been 
  2.31  committed on or after July 1, 1995.  
  2.32     (d) A child who commits a juvenile petty offense is a 
  2.33  "juvenile petty offender." 
  2.34     Sec. 3.  [EFFECTIVE DATE.] 
  2.35     Sections 1 and 2 are effective the day following final 
  2.36  enactment.