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Minnesota Legislature

Office of the Revisor of Statutes

HF 392

as introduced - 88th Legislature (2013 - 2014) Posted on 02/18/2013 04:36pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to judiciary; modifying provisions governing public hearings in juvenile
court proceedings; amending Minnesota Statutes 2012, section 260B.163,
subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 260B.163, subdivision 1, is amended to
read:


Subdivision 1.

General.

(a) Except for hearings arising under section 260B.425,
hearings on any matter shall be without a jury and may be conducted in an informal
manner, except that a child who is prosecuted as an extended jurisdiction juvenile has the
right to a jury trial on the issue of guilt. The rules of evidence promulgated pursuant
to section 480.0591 and the law of evidence shall apply in adjudicatory proceedings
involving a child alleged to be delinquent, an extended jurisdiction juvenile, or a juvenile
petty offender, and hearings conducted pursuant to section 260B.125 except to the extent
that the rules themselves provide that they do not apply.

(b) When a continuance or adjournment is ordered in any proceeding, the court may
make any interim orders as it deems in the best interests of the minor in accordance with
the provisions of sections 260B.001 to 260B.421.

(c) Except as otherwise provided in this deleted text beginparagraphdeleted text endnew text begin subdivisionnew text end, the court shall
exclude the general public from hearings under this chapter and shall admit only those
persons who, in the discretion of the court, have a direct interest in the case or in the work
of the court. The court shall permit the victim of a child's delinquent act to attend any
related delinquency proceeding, except that the court may exclude the victim:

(1) as a witness under the Rules of Criminal Procedure; deleted text beginanddeleted text endnew text begin or
new text end

(2) from portions of a deleted text begincertificationdeleted text end hearing to discuss psychological material or other
evidence that would not be accessible to the publicnew text begin in an adult proceedingnew text end.

new text begin (d) new text endThe court shall open the hearings to the public deleted text beginin delinquency or extended
jurisdiction juvenile proceedings where
deleted text endnew text begin if new text end the child is alleged to have committed an offense
or has been proven to have committed an offense that would be a felony if committed by an
adult deleted text beginanddeleted text endnew text begin, new text end the child was at least 16 years of age at the time of the offensedeleted text begin, except thatdeleted text endnew text begin and:
new text end

new text begin (1) the hearing is a certification proceeding;
new text end

new text begin (2) the hearing is an extended juvenile jurisdiction proceeding and the prosecutor
has requested that the hearing be open; or
new text end

new text begin (3) the court determines that, due to the violent or serious nature of the alleged
offense, the benefit to public safety of holding an open hearing outweighs the potential
consequences for the child due to the resulting public record.
new text end

The court may exclude the public from portions of a deleted text begincertificationdeleted text end hearing to discuss
psychological material or other evidence that would not be accessible to the public in
an adult proceeding.

deleted text begin (d)deleted text end new text begin(e) new text endIn all delinquency cases a person named in the charging clause of the petition
as a person directly damaged in person or property shall be entitled, upon request, to be
notified by the court administrator in writing, at the named person's last known address, of
(1) the date of the certification or adjudicatory hearings, and (2) the disposition of the case.