HF 3950

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/04/2024 04:34pm

A bill for an act
relating to public safety; authorizing city attorneys to file delinquency petitions
for offenses committed by a juvenile when a county attorney declines to file a
petition; authorizing city attorneys to prosecute felony offenses and certain gross
misdemeanor offenses when a county attorney declines to prosecute; authorizing
city attorneys to issue administrative subpoenas in certain cases; making conforming
changes; amending Minnesota Statutes 2022, sections 260B.007, subdivision 16;
260B.141, subdivision 2; 260B.163, subdivision 5; 260B.171, subdivision 4;
260B.335, subdivisions 2, 4; 260B.425, subdivision 2; 388.051, subdivision 2;
388.23, subdivision 1; 390.251; 484.87, subdivision 3.

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

Section 1.

Minnesota Statutes 2022, 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, or 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.

(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, subdivision 2 or 3, 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 deleted text begin county attorney deleted text end new text begin prosecuting authority new text end 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." The
term juvenile petty offender does not include a child alleged to have violated any law relating
to being hired, offering to be hired, or agreeing to be hired by another individual to engage
in sexual penetration or sexual conduct which, if committed by an adult, would be a
misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 260B.141, subdivision 2, is amended to read:

Subd. 2.

Verification of petition.

new text begin (a) new text end The petition shall be verified by the person having
knowledge of the facts and may be on information and belief. Unless otherwise provided
by this section or by rule or order of the court, the county attorney shall draft the petition
upon the showing of reasonable grounds to support the petition.

new text begin (b) The attorney of a statutory or home rule charter city where the violation is alleged
to have occurred may draft and file the petition in cases where the county attorney declines
to pursue a delinquency petition.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to violations
committed on or after that date and to violations committed before that date provided the
juvenile court has jurisdiction over the matter pursuant to Minnesota Statutes, sections
260B.101 and 260B.193, subdivision 5.
new text end

Sec. 3.

Minnesota Statutes 2022, section 260B.163, subdivision 5, is amended to read:

Subd. 5.

deleted text begin County attorney deleted text end new text begin Prosecuting authority new text end .

The deleted text begin county attorney deleted text end new text begin prosecuting
authority new text end shall present the evidence upon request of the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2022, section 260B.171, subdivision 4, is amended to read:

Subd. 4.

Public inspection of records.

(a) Legal records arising from proceedings or
portions of proceedings that are public under section 260B.163, subdivision 1, are open to
public inspection.

(b) Except as otherwise provided by this section, none of the records of the juvenile
court and none of the records relating to an appeal from a nonpublic juvenile court
proceeding, except the written appellate opinion, shall be open to public inspection or their
contents disclosed except:

(1) by order of a court; or

(2) as required by chapter 245C or sections 245A.04, 611A.03, 611A.04, 611A.06, and
629.73.

(c) The victim of any alleged delinquent act may, upon the victim's request, obtain the
following information, unless it reasonably appears that the request is prompted by a desire
on the part of the requester to engage in unlawful activities:

(1) the name and age of the juvenile;

(2) the act for which the juvenile was petitioned and date of the offense; and

(3) the disposition, including, but not limited to, dismissal of the petition, diversion,
probation and conditions of probation, detention, fines, or restitution.

(d) The records of juvenile probation officers and county home schools are records of
the court for the purposes of this subdivision. Court services data relating to delinquent acts
that are contained in records of the juvenile court may be released as allowed under section
13.84, subdivision 6. This subdivision applies to all proceedings under this chapter, including
appeals from orders of the juvenile court, except that this subdivision does not apply to
proceedings under section 260B.335 or 260B.425 when the proceeding involves an adult
defendant. The court shall maintain the confidentiality of adoption files and records in
accordance with the provisions of laws relating to adoptions. In juvenile court proceedings
any report or social history furnished to the court shall be open to inspection by the attorneys
of record and the guardian ad litem a reasonable time before it is used in connection with
any proceeding before the court.

(e) When a judge of a juvenile court, or duly authorized agent of the court, determines
under a proceeding under this chapter that a child has violated a state or local law, ordinance,
or regulation pertaining to the operation of a motor vehicle on streets and highways, except
parking violations, the judge or agent shall immediately report the violation to the
commissioner of public safety. The report must be made on a form provided by the
Department of Public Safety and must contain the information required under section 169.95.

(f) A county attorney new text begin or city attorney new text end may give a law enforcement agency that referred
a delinquency matter to the deleted text begin county attorney deleted text end new text begin prosecuting authority new text end a summary of the results
of that referral, including the details of any juvenile court disposition.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2022, section 260B.335, subdivision 2, is amended to read:

Subd. 2.

Petition; order to show cause.

A request for jurisdiction over a person described
in subdivision 1 shall be initiated by the filing of a verified petition by the deleted text begin county attorney deleted text end new text begin
prosecuting authority new text end having jurisdiction over the place where the child is found, resides,
or where the alleged act of contributing occurred. A prior or pending petition alleging that
the child is delinquent or a juvenile petty offender is not a prerequisite to a petition under
this section. The petition shall allege the factual basis for the claim that the person is
contributing to the child's delinquency or status as a juvenile petty offender. If the court
determines, upon review of the verified petition, that probable cause exists to believe that
the person has contributed to the child's delinquency or status as a juvenile petty offender,
the court shall issue an order to show cause why the person should not be subject to the
jurisdiction of the court. The order to show cause and a copy of the verified petition shall
be served personally upon the person and shall set forth the time and place of the hearing
to be conducted under subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 6.

Minnesota Statutes 2022, section 260B.335, subdivision 4, is amended to read:

Subd. 4.

Criminal proceedings.

The deleted text begin county attorney deleted text end new text begin prosecuting authority new text end may bring
both a criminal proceeding under section 260B.425 and a civil action under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 7.

Minnesota Statutes 2022, section 260B.425, subdivision 2, is amended to read:

Subd. 2.

Complaint; venue.

A complaint under this section may be filed by the deleted text begin county
attorney deleted text end new text begin prosecuting authority new text end having jurisdiction where the child is found, resides, or where
the alleged act of contributing occurred. The complaint may be filed in either the juvenile
or criminal divisions of the district court. A prior or pending petition alleging that the child
is delinquent, a juvenile petty offender, or in need of protection or services is not a
prerequisite to a complaint or a conviction under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 8.

Minnesota Statutes 2022, section 388.051, subdivision 2, is amended to read:

Subd. 2.

Special provisions.

(a) In Anoka, Carver, Dakota, Hennepin, Scott, and
Washington Counties, only the county attorney shall prosecute gross misdemeanor violations
of sections 289A.63, subdivisions 1, 2, 4, and 6; 297B.10; 609.255, subdivision 3; 609.377;
609.378; 609.41; and 617.247.

(b) In Ramsey County, only the county attorney shall prosecute gross misdemeanor
violations of sections 609.255, subdivision 3; 609.377; and 609.378.

(c) The county attorney shall prosecute failure to report physical or sexual child abuse
or neglect as provided under section 260E.08, paragraphs (a), (b), and (c), violations of
fifth-degree criminal sexual conduct under section 609.3451, and environmental law
violations under sections 115.071, 299F.098, and 609.671.

(d) Except in Hennepin and Ramsey Counties, only the county attorney shall prosecute
gross misdemeanor violations of section 152.025.

new text begin (e) The attorney of a statutory or home rule charter city where the violation is alleged
to have occurred may prosecute a violation of any statute identified in paragraphs (a) to (d)
in cases where the county attorney declines to prosecute the violation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date and to crimes committed before that date provided the
limitations period in Minnesota Statutes, section 628.26, has not expired.
new text end

Sec. 9.

Minnesota Statutes 2022, section 388.23, subdivision 1, is amended to read:

Subdivision 1.

Authority.

The county attorney, or any deputy or assistant county attorney
whom the county attorney authorizes in writing, deleted text begin has deleted text end new text begin and a city attorney prosecuting a
suspected violation pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3,
have new text end the authority to subpoena and require the production of any records of telephone
companies, cellular phone companies, paging companies, subscribers of private computer
networks including Internet service providers or computer bulletin board systems, electric
companies, gas companies, water utilities, chemical suppliers, hotels and motels, pawn
shops, airlines, buses, taxis, and other entities engaged in the business of transporting people,
and freight companies, warehousing companies, self-service storage facilities, package
delivery companies, and other entities engaged in the businesses of transport, storage, or
delivery, and records of the existence of safe deposit box account numbers and customer
savings and checking account numbers maintained by financial institutions and safe deposit
companies, insurance records relating to the monetary payment or settlement of claims, the
banking, credit card, and financial records of a subject of an identity theft investigation or
a vulnerable adult, whether held in the name of the vulnerable adult or a third party, including
but not limited to safe deposit, loan and account applications and agreements, signature
cards, statements, checks, transfers, account authorizations, safe deposit access records and
documentation of fraud, and wage and employment records of an applicant or recipient of
public assistance who is the subject of a welfare fraud investigation relating to eligibility
information for public assistance programs. Subpoenas may only be issued for records that
are relevant to an ongoing legitimate law enforcement investigation. Administrative
subpoenas may only be issued in welfare fraud and identity theft cases if there is probable
cause to believe a crime has been committed. This provision applies only to the records of
business entities and does not extend to private individuals or their dwellings.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 10.

Minnesota Statutes 2022, section 390.251, is amended to read:

390.251 REQUEST FOR EXAMINATIONS.

The coroner or medical examiner may, when requested, make physical examinations
and tests incident to any matter of a criminal nature under consideration by the district court
or county attorney, law enforcement agency, new text begin city attorney prosecuting a suspected violation
pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3, new text end or publicly appointed
criminal defense counsel, and shall deliver a copy of a report of such tests and examinations
to the person making the request. Such an examination does not establish a doctor-patient
relationship. The person making the request shall pay the cost of such examinations and
tests.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 11.

Minnesota Statutes 2022, section 484.87, subdivision 3, is amended to read:

Subd. 3.

Prosecuting attorneys.

new text begin (a) new text end Except as provided in subdivision 2 and as otherwise
provided by law, violations of state law that are petty misdemeanors or misdemeanors must
be prosecuted by the attorney of the statutory or home rule charter city where the violation
is alleged to have occurred, if the city has a population greater than 600. If a city has a
population of 600 or less, it may, by resolution of the city council, and with the approval
of the board of county commissioners, give the duty to the county attorney. In cities of the
first, second, and third class, gross misdemeanor violations of sections 609.52, 609.535,
609.595, 609.631, and 609.821 must be prosecuted by the attorney of the city where the
violation is alleged to have occurred. The statutory or home rule charter city may enter into
an agreement with the county board and the county attorney to provide prosecution services
for any criminal offense. All other petty misdemeanors, misdemeanors, and gross
misdemeanors must be prosecuted by the county attorney of the county in which the alleged
violation occurred. All violations of a municipal ordinance, charter provision, rule, or
regulation must be prosecuted by the attorney for the governmental unit that promulgated
the municipal ordinance, charter provision, rule, or regulation, regardless of its population,
or by the county attorney with whom it has contracted to prosecute these matters.

new text begin (b) new text end In the counties of Anoka, Carver, Dakota, Scott, and Washington, violations of state
law that are petty misdemeanors, misdemeanors, or gross misdemeanors except as provided
in section 388.051, subdivision 2, must be prosecuted by the attorney of the statutory or
home rule charter city where the violation is alleged to have occurred. The statutory or home
rule charter city may enter into an agreement with the county board and the county attorney
to provide prosecution services for any criminal offense. All other petty misdemeanors,
misdemeanors, or gross misdemeanors must be prosecuted by the county attorney of the
county in which the alleged violation occurred. All violations of a municipal ordinance,
charter provision, rule, or regulation must be prosecuted by the attorney for the governmental
unit that promulgated the municipal ordinance, charter provision, rule, or regulation or by
the county attorney with whom it has contracted to prosecute these matters.

new text begin (c) The attorney of a statutory or home rule charter city where the violation is alleged
to have occurred may prosecute a felony violation of state law in cases where the county
attorney declines to prosecute the violation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date and to crimes committed before that date provided the
limitations period in Minnesota Statutes, section 628.26, has not expired.
new text end