HF 3927

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; suspending or revoking drivers' licenses of certain
juvenile controlled substance offenders; modifying definition of "juvenile petty
offense" to include possession of drug paraphernalia; making technical changes;
amending Minnesota Statutes 2004, sections 171.172; 260B.007, by adding a
subdivision; 260B.198, subdivision 1; 260B.235, subdivisions 4, 5; Minnesota
Statutes 2005 Supplement, section 260B.007, subdivision 16; proposing coding
for new law in Minnesota Statutes, chapter 171.

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

Section 1.

Minnesota Statutes 2004, section 171.172, is amended to read:

171.172 REVOCATION; CONTROLLED SUBSTANCE OFFENSE.

The commissioner of public safety shall revoke the license of any person convicted
of or any juvenile adjudicated for a controlled substance offense if the court has notified
the commissioner of a determination made under section 152.0271 or 260B.198,
subdivision 1. The period of revocation shall be for the applicable time period specified in
section 152.0271 new text begin or 260B.198, subdivision 1 new text end . If the person does not have a license or if the
person's license is suspended or revoked at the time of the conviction or adjudication, the
commissioner shall, upon the person's application for license issuance or reinstatement,
delay the issuance or reinstatement deleted text begin of the person's license deleted text end for the applicable time period
specified in section 152.0271 new text begin or 260B.198, subdivision 1 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to acts
committed on or after that date.
new text end

Sec. 2.

new text begin [171.1725] SUSPENSION; CERTAIN JUVENILE CONTROLLED
SUBSTANCE OFFENSES.
new text end

new text begin Pursuant to section 260B.235, subdivision 4, the commissioner shall suspend for a
period of 180 days the license of a juvenile who has violated section 152.027, subdivision
3 or 4; 152.092; or 152.093. If the juvenile does not have a license or if the juvenile's
license is suspended or revoked, the commissioner, upon the juvenile's application for
license issuance or reinstatement, shall delay the issuance or reinstatement for 180 days.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to acts
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 260B.007, subdivision 16,
is amended to read:

Subd. 16.

Juvenile petty offender; juvenile petty offense.

(a) "Juvenile petty
offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
a violation of section 609.685, deleted text begin or deleted text end a violation of a local ordinance, which by its terms
prohibits conduct by a child under the age of 18 years which would be lawful conduct if
committed by an adult new text begin , or any other petty misdemeanor offense new text end .

(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
includes an offense that would be a misdemeanor if committed by an adult.

(c) "Juvenile petty offense" does not include any of the following:

(1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,
609.324, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or 617.23;

(2) a major traffic offense or an adult court traffic offense, as described in section
260B.225;

(3) a misdemeanor-level offense committed by a child whom the juvenile court
previously has found to have committed a misdemeanor, gross misdemeanor, or felony
offense; or

(4) a misdemeanor-level offense committed by a child whom the juvenile court
has found to have committed a misdemeanor-level juvenile petty offense on two or
more prior occasions, unless the county attorney designates the child on the petition
as a juvenile petty offender notwithstanding this prior record. As used in this clause,
"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
would have been a juvenile petty offense if it had been committed on or after July 1, 1995.

(d) A child who commits a juvenile petty offense is a "juvenile petty offender."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to acts
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 260B.007, is amended by adding a
subdivision to read:

new text begin Subd. 21. new text end

new text begin Driver's license. new text end

new text begin "Driver's license" has the meaning given "license" in
section 171.01, subdivision 37.
new text end

Sec. 5.

Minnesota Statutes 2004, section 260B.198, subdivision 1, is amended to read:

Subdivision 1.

Court order, findings, remedies, treatment.

If the court finds that
the child is delinquent, it shall enter an order making any of the following dispositions of
the case which are deemed necessary to the rehabilitation of the child:

(a) Counsel the child or the parents, guardian, or custodian;

(b) Place the child under the supervision of a probation officer or other suitable
person in the child's own home under conditions prescribed by the court including
reasonable rules for the child's conduct and the conduct of the child's parents, guardian, or
custodian, designed for the physical, mental, and moral well-being and behavior of the
child, or with the consent of the commissioner of corrections, in a group foster care facility
which is under the management and supervision of said commissioner;

(c) Subject to the supervision of the court, transfer legal custody of the child to
one of the following:

(1) a child-placing agency; or

(2) the local social services agency; or

(3) a reputable individual of good moral character. No person may receive custody
of two or more unrelated children unless licensed as a residential facility pursuant to
sections 245A.01 to 245A.16; or

(4) a county home school, if the county maintains a home school or enters into an
agreement with a county home school; or

(5) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;

(d) Transfer legal custody by commitment to the commissioner of corrections;

(e) If the child is found to have violated a state or local law or ordinance which has
resulted in damage to the person or property of another, the court may order the child to
make reasonable restitution for such damage;

(f) Require the child to pay a fine of up to $1,000. The court shall order payment of
the fine in accordance with a time payment schedule which shall not impose an undue
financial hardship on the child;

(g) If the child is in need of special treatment and care for reasons of physical or
mental health, the court may order the child's parent, guardian, or custodian to provide
it. If the parent, guardian, or custodian fails to provide this treatment or care, the court
may order it provided;

(h) If the court believes that it is in the best interests of the child and of public
safety that the driver's license of the child be canceled until the child's 18th birthday,
the court may recommend to the commissioner of public safety the cancellation of the
child's license for any period up to the child's 18th birthday, and the commissioner is
hereby authorized to cancel such license without a hearing. At any time before the
termination of the period of cancellation, the court may, for good cause, recommend to
the commissioner of public safety that the child be authorized to apply for a new license,
and the commissioner may so authorize;

(i) If the court believes that it is in the best interest of the child and of public safety
that the child is enrolled in school, the court may require the child to remain enrolled in a
public school until the child reaches the age of 18 or completes all requirements needed to
graduate from high school. Any child enrolled in a public school under this paragraph is
subject to the provisions of the Pupil Fair Dismissal Act in chapter 127;

(j) If the child is petitioned and found by the court to have committed a controlled
substance offense under sections 152.021 to 152.027, the court shall deleted text begin determine whether the
child unlawfully possessed or sold the controlled substance while driving a motor vehicle.
If so, the court shall deleted text end notify the commissioner of public safety of deleted text begin its determination deleted text end new text begin this new text end
and order the commissioner to revoke the child's driver's license for deleted text begin the applicable time
period specified in section 152.0271 deleted text end new text begin 180 days new text end . If the child does not have a driver's license
or if the child's driver's license is suspended or revoked at the time of the delinquency
finding, the commissioner shall, upon the child's application for driver's license issuance
or reinstatement, delay the issuance or reinstatement deleted text begin of the child's driver's license for the
applicable time period specified in section 152.0271 deleted text end new text begin for 180 days new text end . Upon receipt of the
court's order, the commissioner is authorized to take the licensing action without a hearing;

(k) If the child is petitioned and found by the court to have committed or attempted
to commit an act in violation of section 609.342; 609.343; 609.344; 609.345; 609.3451;
609.746, subdivision 1; 609.79; or 617.23, or another offense arising out of a delinquency
petition based on one or more of those sections, the court shall order an independent
professional assessment of the child's need for sex offender treatment. An assessor
providing an assessment for the court must be experienced in the evaluation and treatment
of juvenile sex offenders. If the assessment indicates that the child is in need of and
amenable to sex offender treatment, the court shall include in its disposition order a
requirement that the child undergo treatment. Notwithstanding section 13.384, 13.85,
144.335, 260B.171, or 626.556, the assessor has access to the following private or
confidential data on the child if access is relevant and necessary for the assessment:

(1) medical data under section 13.384;

(2) corrections and detention data under section 13.85;

(3) health records under section 144.335;

(4) juvenile court records under section 260B.171; and

(5) local welfare agency records under section 626.556.

Data disclosed under this paragraph may be used only for purposes of the assessment
and may not be further disclosed to any other person, except as authorized by law;

(l) If the child is found delinquent due to the commission of an offense that would be
a felony if committed by an adult, the court shall make a specific finding on the record
regarding the juvenile's mental health and chemical dependency treatment needs;

(m) Any order for a disposition authorized under this section shall contain written
findings of fact to support the disposition ordered and shall also set forth in writing the
following information:

(1) why the best interests of the child are served by the disposition ordered; and

(2) what alternative dispositions were considered by the court and why such
dispositions were not appropriate in the instant case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to acts
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 260B.235, subdivision 4, is amended to read:

Subd. 4.

Dispositions.

If the juvenile court finds that a child is a petty offender,
the court may:

(a) require the child to pay a fine of up to $100;

(b) require the child to participate in a community service project;

(c) require the child to participate in a drug awareness program;

(d) order the child to undergo a chemical dependency evaluation and if warranted
by this evaluation, order participation by the child in an outpatient chemical dependency
treatment program;

(e) place the child on probation for up to six months or, in the case of a juvenile
alcohol or controlled substance offense, following a determination by the court that the
juvenile is chemically dependent, the court may place the child on probation for a time
determined by the court;

(f) order the child to make restitution to the victim; or

(g) perform any other activities or participate in any other outpatient treatment
programs deemed appropriate by the court.

In all cases where the juvenile court finds that a child has purchased or attempted to
purchase an alcoholic beverage in violation of section 340A.503, if the child has a driver's
license deleted text begin or permit to drive deleted text end , and if the child used a driver's license, deleted text begin permit, deleted text end new text begin a new text end Minnesota
identification card, or any type of false identification to purchase or attempt to purchase the
alcoholic beverage, the court shall forward its finding in the case and the child's driver's
license deleted text begin or permit deleted text end to the commissioner of public safety. Upon receipt, the commissioner
shall suspend the child's new text begin driver's new text end license deleted text begin or permit deleted text end for a period of 90 days.

In all cases where the juvenile court finds that a child has purchased or attempted to
purchase tobacco in violation of section 609.685, subdivision 3, if the child has a driver's
license or permit to drive, and if the child used a driver's license, deleted text begin permit, deleted text end new text begin a new text end Minnesota
identification card, or any type of false identification to purchase or attempt to purchase
tobacco, the court shall forward its finding in the case and the child's driver's license deleted text begin or
permit deleted text end to the commissioner of public safety. Upon receipt, the commissioner shall suspend
the child's new text begin driver's new text end license deleted text begin or permit deleted text end for a period of 90 days.

new text begin In all cases where the juvenile court finds that a child has violated section 152.027,
subdivision 3 or 4; 152.092; or 152.093, if the child has a driver's license, the court shall
forward its finding in the case and the child's driver's license to the commissioner of
public safety. Upon receipt, the commissioner shall suspend the child's driver's license for
a period of 180 days. If the child does not have a driver's license or if the child's driver's
license is suspended or revoked, the court shall forward its finding and the commissioner,
upon the child's application for driver's license issuance or reinstatement, shall delay
the issuance or reinstatement for 180 days.
new text end

None of the dispositional alternatives described in clauses (a) to (f) shall be imposed
by the court in a manner which would cause an undue hardship upon the child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to acts
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 260B.235, subdivision 5, is amended to read:

Subd. 5.

Enhanced dispositions.

If the juvenile court finds that a child has
committed a second or subsequent juvenile alcohol or controlled substance offense, the
court may impose any of the dispositional alternatives described in paragraphs (a) to (c).
If the juvenile court finds that a child has committed a second or subsequent juvenile
tobacco offense, the court may impose any of the dispositional alternatives described
in paragraphs (a) to (c).

(a) The court may impose any of the dispositional alternatives described in
subdivision 3, clauses (a) to (f).

(b) If the adjudicated petty offender has a driver's license deleted text begin or permit deleted text end , the court may
forward the license deleted text begin or permit deleted text end to the commissioner of public safety. The commissioner
shall revoke the petty offender's driver's license deleted text begin or permit deleted text end until the offender reaches the
age of 18 years or for a period of one year, whichever is longer.

(c) If the adjudicated petty offender has a driver's license deleted text begin or permit deleted text end , the court may
suspend the driver's license deleted text begin or permit deleted text end for a period of up to 90 days but may allow the
offender driving privileges as necessary to travel to and from work.

(d) If the adjudicated petty offender does not have a driver's license deleted text begin or permit deleted text end , the
court may prepare an order of denial of driving privileges. The order must provide that the
petty offender will not be granted driving privileges until the offender reaches the age of 18
years or for a period of one year, whichever is longer. The court shall forward the order to
the commissioner of public safety. The commissioner shall deny the offender's eligibility
for a driver's license under section 171.04, for the period stated in the court order.