HF 556

as introduced - 87th Legislature (2011 - 2012) Posted on 02/17/2011 10:08am

A bill for an act
relating to public safety; amending provisions for juvenile prostitutes found in
need of protection or services; defining sexually exploited youth; increasing
penalty assessments imposed in certain prostitution crimes and amending
distribution of the assessment; clarifying and recodifying certain provisions
and modifying certain definitions in the prostitution laws; appropriating money
to the commissioner of public safety to develop a statewide victim services
model; requiring a report to the legislature; amending Minnesota Statutes 2010,
sections 260B.007, subdivisions 6, 16; 260C.007, subdivisions 6, 11, by adding a
subdivision; 609.321, subdivisions 4, 8, 9; 609.324, subdivisions 2, 3, by adding
subdivisions; 609.3241; 626.558, subdivision 2a; repealing Minnesota Statutes
2010, sections 260B.141, subdivision 5; 260C.141, subdivision 6.

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

ARTICLE 1

SEXUALLY EXPLOITED YOUTH

Section 1.

Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to
read:

Subd. 6.

Delinquent child.

(a) Except as otherwise provided in deleted text begin paragraph deleted text end new text begin
paragraphs new text end (b) new text begin and (c) new text end , "delinquent child" means a child:

(1) who has violated any state or local law, except as provided in section 260B.225,
subdivision 1, and except for juvenile offenders as described in subdivisions 16 to 18;

(2) who has violated a federal law or a law of another state and whose case has been
referred to the juvenile court if the violation would be an act of delinquency if committed
in this state or a crime or offense if committed by an adult;

(3) who has escaped from confinement to a state juvenile correctional facility after
being committed to the custody of the commissioner of corrections; or

(4) who has escaped from confinement to a local juvenile correctional facility after
being committed to the facility by the court.

(b) The term delinquent child does not include a child alleged to have committed
murder in the first degree after becoming 16 years of age, but the term delinquent child
does include a child alleged to have committed attempted murder in the first degree.

new text begin (c) The term delinquent child does not include a child who is alleged to have
engaged in conduct which would, if committed by an adult, violate any federal, state, or
local 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
offenses committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, 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, new text begin subdivision 2, 609.324, subdivision 3, new text end 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 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 end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
offenses committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:

Subd. 6.

Child in need of protection or services.

"Child in need of protection or
services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse as defined in section 626.556,
subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
as defined in subdivision 15;

(3) is without necessary food, clothing, shelter, education, or other required care
for the child's physical or mental health or morals because the child's parent, guardian,
or custodian is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to
provide that care;

(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the failure to respond to the
infant's life-threatening conditions by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in ameliorating or correcting all
conditions, except that the term does not include the failure to provide treatment other
than appropriate nutrition, hydration, or medication to an infant when, in the treating
physician's or physicians' reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival
of the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to be
relieved of the child's care and custody, including a child who entered foster care under a
voluntary placement agreement between the parent and the responsible social services
agency under section 260C.212, subdivision 8;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical
disability, or state of immaturity of the child's parent, guardian, or other custodian;

(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;

(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;

(11) deleted text begin has engaged in prostitution as defined in section 609.321, subdivision 9 deleted text end new text begin is a
sexually exploited youth as defined in subdivision 31 new text end ;

(12) has committed a delinquent act or a juvenile petty offense before becoming
ten years old;

(13) is a runaway;

(14) is a habitual truant;

(15) has been found incompetent to proceed or has been found not guilty by reason
of mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense; or

(16) has a parent whose parental rights to one or more other children were
involuntarily terminated or whose custodial rights to another child have been involuntarily
transferred to a relative and there is a case plan prepared by the responsible social services
agency documenting a compelling reason why filing the termination of parental rights
petition under section 260C.301, subdivision 3, is not in the best interests of the child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 4.

Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:

Subd. 11.

Delinquent child.

"Delinquent child" deleted text begin means a child:
deleted text end

deleted text begin (1) who has violated any state or local law, except as provided in section 260B.225,
subdivision 1, and except for juvenile offenders as described in subdivisions 19 and 28; or
deleted text end

deleted text begin (2) who has violated a federal law or a law of another state and whose case has been
referred to the juvenile court if the violation would be an act of delinquency if committed
in this state or a crime or offense if committed by an adult deleted text end new text begin has the meaning given in
section 260B.007, subdivision 6 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 5.

Minnesota Statutes 2010, section 260C.007, is amended by adding a
subdivision to read:

new text begin Subd. 31. new text end

new text begin Sexually exploited youth. new text end

new text begin "Sexually exploited youth" means an
individual who:
new text end

new text begin (1) is alleged to have engaged in conduct which would, if committed by an adult,
violate any federal, state, or local 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;
new text end

new text begin (2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451,
609.3453, 609.352, 617.246, or 617.247;
new text end

new text begin (3) is a victim of a crime described in United States Code, title 18, section 2260;
2421; 2422; 2423; 2425; 2425A; or 2256; or
new text end

new text begin (4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 6.

Minnesota Statutes 2010, section 609.3241, is amended to read:

609.3241 PENALTY ASSESSMENT AUTHORIZED.

new text begin (a) new text end When a court sentences an adult convicted of violating section 609.322 or
609.324, while acting other than as a prostitute, the court shall impose an assessment of
not less than deleted text begin $250 deleted text end new text begin $500 new text end and not more than deleted text begin $500 deleted text end new text begin $750 new text end for a violation of section 609.324,
subdivision 2, or a misdemeanor violation of section 609.324, subdivision 3; otherwise
the court shall impose an assessment of not less than deleted text begin $500 deleted text end new text begin $750 new text end and not more than
$1,000. The deleted text begin mandatory minimum portion of the deleted text end assessment deleted text begin is to be used for the purposes
described in section 626.558, subdivision 2a, deleted text end new text begin shall be distributed as provided in paragraph
(c) new text end and is in addition to the surcharge required by section 357.021, subdivision 6. deleted text begin Any
portion of the assessment imposed in excess of the mandatory minimum amount shall be
deposited in an account in the special revenue fund and is appropriated annually to the
commissioner of public safety. The commissioner, with the assistance of the General
Crime Victims Advisory Council, shall use money received under this section for grants to
agencies that provide assistance to individuals who have stopped or wish to stop engaging
in prostitution. Grant money may be used to provide these individuals with medical care,
child care, temporary housing, and educational expenses.
deleted text end

new text begin (b) The court may not waive payment of the minimum assessment required by
this section. If the defendant qualifies for the services of a public defender or the court
finds on the record that the convicted person is indigent or that immediate payment of
the assessment would create undue hardship for the convicted person or that person's
immediate family, the court may reduce the amount of the minimum assessment to not
less than $100. The court also may authorize payment of the assessment in installments.
new text end

new text begin (c) The assessment collected under paragraph (a) must be distributed as follows:
new text end

new text begin (1) 40 percent of the assessment shall be forwarded to the political subdivision that
employs the arresting officer for use in enforcement, training, and education activities
related to combating sexual exploitation of youth, or if the arresting officer is an employee
of the state, this portion shall be forwarded to the commissioner of public safety for those
purposes identified in clause (3);
new text end

new text begin (2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
handled the case for use in training and education activities relating to combating sexual
exploitation activities of youth; and
new text end

new text begin (3) 40 percent of the assessment must be forwarded to the commissioner of public
safety to be deposited in the crime victims account in the special revenue fund and are
appropriated to the commissioner for distribution to crime victims services organizations
that provide services to sexually exploited youth, as defined in section 260C.007,
subdivision 31.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 7.

Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:

Subd. 2a.

deleted text begin Juvenile prostitution deleted text end new text begin Sexually exploited youth new text end outreach program.

A
multidisciplinary child protection team may assist the local welfare agency, local law
enforcement agency, or an appropriate private organization in developing a program of
outreach services for deleted text begin juveniles who are engaging in prostitution deleted text end new text begin sexually exploited youth,
including homeless, runaway, and truant youth who are at risk of sexual exploitation new text end .
For the purposes of this subdivision, at least one representative of a youth intervention
program or, where this type of program is unavailable, one representative of a nonprofit
agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
child protection team in addition to the standing members of the team. These services may
include counseling, medical care, short-term shelter, alternative living arrangements, and
drop-in centers. deleted text begin The county may finance these services by means of the penalty assessment
authorized by section 609.3241. deleted text end A juvenile's receipt of intervention services under this
subdivision may not be conditioned upon the juvenile providing any evidence or testimony.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 8. new text begin SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY
EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.
new text end

new text begin (a) $....... in fiscal year 2012 is appropriated from ....... to the commissioner of
public safety for development of a statewide model as provided in this section. By June
30, 2012, the commissioner of public safety, in consultation with the commissioner of
health and the commissioner of human services, shall develop a victim services model to
address the needs of sexually exploited youth and youth at risk of sexual exploitation. The
commissioner shall take into consideration the findings and recommendations as reported
to the legislature on the results of the safe harbor for sexually exploited youth pilot project
authorized by Laws 2006, chapter 282, article 13, section 4, paragraph (b). In addition,
the commissioner shall seek recommendations from prosecutors, public safety officials,
public health professionals, child protection workers, and service providers.
new text end

new text begin (b) By January 15, 2013, the commissioner of public safety shall report to the chairs
and ranking minority members of the senate and house of representatives divisions having
jurisdiction over health and human services and criminal justice funding and policy on the
development of the statewide model, including recommendations for additional legislation
or funding for services for sexually exploited youth or youth at risk of sexual exploitation.
new text end

new text begin (c) As used in this section, "sexually exploited youth" has the meaning given in
section 260C.007, subdivision 31.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 260B.141, subdivision 5; and 260C.141,
subdivision 6, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014.
new text end

ARTICLE 2

PROSTITUTION CRIMES

Section 1.

Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:

Subd. 4.

Patron.

"Patron" means an individual who deleted text begin hires or offers or agrees deleted text end new text begin
engages in prostitution by hiring, offering to hire, or agreeing new text end to hire another individual to
engage in sexual penetration or sexual contact.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:

Subd. 8.

Prostitute.

"Prostitute" means an individual new text begin 18 years of age or older new text end who
engages in prostitution new text begin by being hired, offering to be hired, or agreeing to be hired by
another individual to engage in sexual penetration or sexual contact new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:

Subd. 9.

Prostitution.

"Prostitution" means deleted text begin engaging or offering or agreeing to
engage for hire deleted text end new text begin hiring, offering to hire, or agreeing to hire another individual to engage in
sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
hired by another individual to engage new text end in sexual penetration or sexual contact.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:

Subd. 2.

Prostitution in public place; penalty new text begin for patrons new text end .

Whoever new text begin , while acting
as a patron, new text end intentionally does any of the following while in a public place is guilty of a
gross misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) hires deleted text begin or deleted text end new text begin , new text end offers new text begin to hire, new text end or agrees to hire an individual 18 years of age or older to
engage in sexual penetration or sexual contact.

Except as otherwise provided in subdivision 4, a person who is convicted of violating this
subdivision deleted text begin while acting as a patron deleted text end must, at a minimum, be sentenced to pay a fine
of at least $1,500.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:

Subd. 3.

General prostitution crimes; penalties new text begin for patrons new text end .

(a) Whoever new text begin , while
acting as a patron, new text end intentionally does any of the following is guilty of a misdemeanor:

(1) engages in prostitution with an individual 18 years of age or deleted text begin above deleted text end new text begin older new text end ; or

(2) hires deleted text begin or deleted text end new text begin , new text end offers new text begin to hire, new text end or agrees to hire an individual 18 years of age or deleted text begin above deleted text end new text begin
older new text end to engage in sexual penetration or sexual contact. Except as otherwise provided in
subdivision 4, a person who is convicted of violating this paragraph deleted text begin while acting as a
patron deleted text end must, at a minimum, be sentenced to pay a fine of at least $500.

(b) Whoever violates the provisions of this subdivision within two years of a
previous prostitution conviction for violating this section or section 609.322 is guilty
of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
is convicted of violating this paragraph deleted text begin while acting as a patron deleted text end must, at a minimum,
be sentenced as follows:

(1) to pay a fine of at least $1,500; and

(2) to serve 20 hours of community work service.

The court may waive the mandatory community work service if it makes specific,
written findings that the community work service is not feasible or appropriate under the
circumstances of the case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Prostitution in public place; penalty for prostitutes. new text end

new text begin Whoever, while
acting as a prostitute, intentionally does any of the following while in a public place is
guilty of a gross misdemeanor:
new text end

new text begin (1) engages in prostitution with an individual 18 years of age or older; or
new text end

new text begin (2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
or older to engage in sexual penetration or sexual contact.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin General prostitution crimes; penalties for prostitutes. new text end

new text begin (a) Whoever,
while acting as a prostitute, intentionally does any of the following is guilty of a
misdemeanor:
new text end

new text begin (1) engages in prostitution with an individual 18 years of age or older; or
new text end

new text begin (2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
or older to engage in sexual penetration or sexual contact.
new text end

new text begin (b) Whoever violates the provisions of this subdivision within two years of a
previous prostitution conviction for violating this section or section 609.322 is guilty
of a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end