HF 876

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/21/2012 05:32pm

A bill for an act
relating to judiciary; modifying when the court opens hearings in delinquency
or extended jurisdiction juvenile proceedings; amending Minnesota Statutes
2010, section 260B.163, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, 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 paragraph, 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; and

(2) from portions of a certification hearing to discuss psychological material or other
evidence that would not be accessible to the public.

The court shall open the hearings to the public in deleted text begin delinquency deleted text end new text begin certification new text end or extended
jurisdiction juvenile proceedings where 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 and the child was at least 16 years of age at the time of the offense, except
that the court may exclude the public from portions of a certification hearing to discuss
psychological material or other evidence that would not be accessible to the public in
an adult proceeding. new text begin The court shall open the hearings to the public in delinquency
proceedings where 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 and the
child was at least 16 years of age at the time of the offense, if 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

(d) In 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.