HF 392

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/02/2013 04:21pm

A bill for an act
relating to judiciary; modifying provisions governing public hearings and records
in juvenile court proceedings; amending Minnesota Statutes 2012, sections
260B.171, by adding a subdivision; 260B.198, subdivision 7.

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

Section 1.

Minnesota Statutes 2012, section 260B.171, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Electronic public records. new text end

new text begin (a) Legal records arising from juvenile court
proceedings accessible to the public through an electronic database shall not include the
juvenile subject's name in any public record of the electronic database until after a juvenile's
first court appearance, nor thereafter if the court determines, on the basis of written
case-specific findings made after notice and an opportunity for the juvenile, the prosecutor,
and any interested party to be heard, that the juvenile's interest in confidentiality outweighs
the public's interest in access to electronic records containing the juvenile subject's name.
new text end

new text begin (b) The court may not issue the order described in paragraph (a) over the objection
of the prosecutor in any case in which:
new text end

new text begin (1) the prosecutor has filed a motion for certification;
new text end

new text begin (2) the prosecutor has designated or requested that the proceeding be designated an
extended jurisdiction juvenile prosecution; or
new text end

new text begin (3) the juvenile has been adjudicated delinquent of a crime of violence as defined in
section 624.712, subdivision 5, and not codified in chapter 152.
new text end

Sec. 2.

Minnesota Statutes 2012, section 260B.198, subdivision 7, is amended to read:

Subd. 7.

Continuance.

new text begin (a) new text end When it is in the best interests of the child to do so new text begin and
not inimical to public safety new text end and when the child has admitted the allegations contained in
the petition before the judge or referee, or when a hearing has been held as provided for in
section 260B.163 and the allegations contained in the petition have been duly proven but,
in either case, before a finding of delinquency has been entered, the court may continue
the case for a period not to exceed deleted text begin 90 deleted text end new text begin 180 new text end days on any one order. deleted text begin Such a continuance may
be extended for one additional successive period not to exceed 90 days and only after the
court has reviewed the case and entered its order for an additional continuance without
a finding of delinquency. deleted text end new text begin The continuance may be renewed for up to three additional
successive periods not to exceed 180 days each, but only with the consent of the prosecutor
and only after the court has reviewed the case and entered its order for each additional
continuance without a finding of delinquency. new text end During deleted text begin this deleted text end new text begin a new text end continuance the court may
enter an order in accordance with the provisions of subdivision 1, deleted text begin clause (1) or (2) deleted text end new text begin except
clause (4) new text end , or enter an order to hold the child in detention for a period not to exceed 15 days
on any one order for the purpose of completing any consideration, or any investigation or
examination ordered in accordance with the provisions of section 260B.157.

new text begin (b) A prosecutor may appeal a continuance ordered in contravention of this
subdivision. new text end This subdivision new text begin does not extend the court's jurisdiction under section
260B.193 and new text end does not apply to an extended jurisdiction juvenile proceeding.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
offenses committed on or after that date.
new text end