HF 2497

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to juveniles; clarifying the definition of 
  1.3             juvenile petty offense; modifying application of the 
  1.4             petty offender law; amending Minnesota Statutes 1994, 
  1.5             section 260.301; Minnesota Statutes 1995 Supplement, 
  1.6             sections 260.015, subdivision 21; 260.132, subdivision 
  1.7             3a; 260.155, subdivision 2; and 260.195, subdivision 
  1.8             2a. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.11  260.015, subdivision 21, is amended to read: 
  1.12     Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
  1.13  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
  1.14  alcohol offense, a juvenile controlled substance offense, a 
  1.15  violation of section 609.685, or a violation of a local 
  1.16  ordinance, which by its terms prohibits conduct by a child under 
  1.17  the age of 18 years which would be lawful conduct if committed 
  1.18  by an adult.  
  1.19     (b) Except as otherwise provided in paragraph 
  1.20  (c), "juvenile petty offense" also includes an offense, other 
  1.21  than a violation of section 609.224, 609.324, 609.563, 609.576, 
  1.22  or 617.23, that would be a misdemeanor if committed by an 
  1.23  adult if: 
  1.24     (1) the child has not been found to be a juvenile petty 
  1.25  offender on more than two prior occasions for a 
  1.26  misdemeanor-level offense; 
  1.27     (2) the child has not previously been found to be 
  2.1   delinquent for a misdemeanor, gross misdemeanor, or felony 
  2.2   offense; or 
  2.3      (3) the county attorney designates the child on the 
  2.4   petition as a juvenile petty offender, notwithstanding the 
  2.5   child's prior record of misdemeanor-level juvenile petty 
  2.6   offenses. 
  2.7      (c) "Juvenile petty offense" does not include any of the 
  2.8   following: 
  2.9      (1) a misdemeanor-level violation of section 588.20, 
  2.10  609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23; 
  2.11     (2) a major traffic offense or an adult court traffic 
  2.12  offense, as described in section 260.193; 
  2.13     (3) a misdemeanor-level offense committed by a child whom 
  2.14  the juvenile court previously has found to have committed a 
  2.15  misdemeanor, gross misdemeanor, or felony offense; or 
  2.16     (4) a misdemeanor-level offense committed by a child whom 
  2.17  the juvenile court has found to have committed a 
  2.18  misdemeanor-level juvenile petty offense on two or more prior 
  2.19  occasions, unless the county attorney designates the child on 
  2.20  the petition as a juvenile petty offender notwithstanding this 
  2.21  prior record. 
  2.22     (d) A child who commits a juvenile petty offense is a 
  2.23  "juvenile petty offender." 
  2.24     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.25  260.132, subdivision 3a, is amended to read: 
  2.26     Subd. 3a.  [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 
  2.27  as otherwise provided in section 260.155, subdivision 2, a child 
  2.28  alleged to be a juvenile petty offender may be represented by 
  2.29  counsel, but does not have a right to appointment of a public 
  2.30  defender or other counsel at public expense. 
  2.31     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  2.32  260.155, subdivision 2, is amended to read: 
  2.33     Subd. 2.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
  2.34  guardian or custodian has the right to effective assistance of 
  2.35  counsel in connection with a proceeding in juvenile court unless 
  2.36  the.  This right does not apply to a child who is charged with a 
  3.1   juvenile petty offense as defined in section 260.015, 
  3.2   subdivision 21, unless the child is charged with a third or 
  3.3   subsequent juvenile alcohol or controlled substance offense and 
  3.4   may be subject to the alternative disposition described in 
  3.5   section 260.195, subdivision 4.  
  3.6      (b) The court shall appoint counsel, or stand-by counsel if 
  3.7   the child waives the right to counsel, for a child who is: 
  3.8      (1) charged by delinquency petition with a gross 
  3.9   misdemeanor or felony offense; or 
  3.10     (2) the subject of a delinquency proceeding in which 
  3.11  out-of-home placement has been proposed. 
  3.12     (b) (c) If they desire counsel but are unable to employ it, 
  3.13  the court shall appoint counsel to represent the child or the 
  3.14  parents or guardian in any case in which it feels that such an 
  3.15  appointment is desirable, except a juvenile petty offense as 
  3.16  defined in section 260.015, subdivision 21 offender who does not 
  3.17  have the right to counsel under paragraph (a). 
  3.18     Sec. 4.  Minnesota Statutes 1995 Supplement, section 
  3.19  260.195, subdivision 2a, is amended to read: 
  3.20     Subd. 2a.  [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 
  3.21  as otherwise provided in section 260.155, subdivision 2, a child 
  3.22  alleged to be a juvenile petty offender may be represented by 
  3.23  counsel, but does not have a right to appointment of a public 
  3.24  defender or other counsel at public expense. 
  3.25     Sec. 5.  Minnesota Statutes 1994, section 260.301, is 
  3.26  amended to read: 
  3.27     260.301 [CONTEMPT.] 
  3.28     Any person knowingly interfering with an order of the 
  3.29  juvenile court is in contempt of court.  However, a child who is 
  3.30  under the continuing jurisdiction of the court for reasons other 
  3.31  than delinquency having committed a delinquent act or a juvenile 
  3.32  petty offense may not be adjudicated as a delinquent solely on 
  3.33  the basis of having knowingly interfered with or disobeyed an 
  3.34  order of the court. 
  3.35     Sec. 6.  [EFFECTIVE DATE.] 
  3.36     Sections 1 to 5 are effective August 1, 1996, and apply to 
  4.1   offenses committed on or after that date.