SF 172

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; limiting the number of 
  1.3             offenses that are juvenile petty offenses; modifying 
  1.4             juvenile petty offense dispositions; amending 
  1.5             Minnesota Statutes 2000, sections 260B.007, 
  1.6             subdivision 16; 260B.235, subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 260B.007, 
  1.9   subdivision 16, is amended to read: 
  1.10     Subd. 16.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
  1.11  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
  1.12  alcohol offense, a juvenile controlled substance offense, a 
  1.13  violation of section 609.685, or a violation of a local 
  1.14  ordinance, which by its terms prohibits conduct by a child under 
  1.15  the age of 18 years which would be lawful conduct if committed 
  1.16  by an adult.  
  1.17     (b) Except as otherwise provided in paragraph (c), 
  1.18  "juvenile petty offense" also includes an offense that would be 
  1.19  a misdemeanor if committed by an adult.  
  1.20     (c) "Juvenile petty offense" does not include any of the 
  1.21  following: 
  1.22     (1) a misdemeanor-level violation of section 518B.01, 
  1.23  588.20, 609.224, 609.2242, 609.324, 609.563, 609.576, 
  1.24  609.66, 609.746, 609.748, 609.79, or 617.23; 
  1.25     (2) a major traffic offense or an adult court traffic 
  1.26  offense, as described in section 260B.225; 
  2.1      (3) a misdemeanor-level offense committed by a child whom 
  2.2   the juvenile court previously has found to have committed a 
  2.3   misdemeanor, gross misdemeanor, or felony offense; or 
  2.4      (4) a misdemeanor-level offense committed by a child whom 
  2.5   the juvenile court has found to have committed a 
  2.6   misdemeanor-level juvenile petty offense on two or more prior 
  2.7   occasions, unless the county attorney designates the child on 
  2.8   the petition as a juvenile petty offender notwithstanding this 
  2.9   prior record.  As used in this clause, "misdemeanor-level 
  2.10  juvenile petty offense" includes a misdemeanor-level offense 
  2.11  that would have been a juvenile petty offense if it had been 
  2.12  committed on or after July 1, 1995.  
  2.13     (d) A child who commits a juvenile petty offense is a 
  2.14  "juvenile petty offender."  
  2.15     Sec. 2.  Minnesota Statutes 2000, section 260B.235, 
  2.16  subdivision 4, is amended to read: 
  2.17     Subd. 4.  [DISPOSITIONS.] If the juvenile court finds that 
  2.18  a child is a petty offender, the court may: 
  2.19     (a) require the child to pay a fine of up to $100; 
  2.20     (b) require the child to participate in a community service 
  2.21  project; 
  2.22     (c) require the child to participate in a drug awareness 
  2.23  program; 
  2.24     (d) place the child on probation for up to six months; 
  2.25     (e) order the child to undergo a chemical dependency 
  2.26  evaluation and if warranted by this evaluation, order 
  2.27  participation by the child in an outpatient chemical dependency 
  2.28  treatment program; 
  2.29     (e) place the child on probation for up to six months or, 
  2.30  in the case of a juvenile alcohol or controlled substance 
  2.31  offense, following a determination by the court that the 
  2.32  juvenile is chemically dependent, the court may place the child 
  2.33  on probation for a time determined by the court; 
  2.34     (f) order the child to make restitution to the victim; or 
  2.35     (g) perform any other activities or participate in any 
  2.36  other outpatient treatment programs deemed appropriate by the 
  3.1   court. 
  3.2      In all cases where the juvenile court finds that a child 
  3.3   has purchased or attempted to purchase an alcoholic beverage in 
  3.4   violation of section 340A.503, if the child has a driver's 
  3.5   license or permit to drive, and if the child used a driver's 
  3.6   license, permit, Minnesota identification card, or any type of 
  3.7   false identification to purchase or attempt to purchase the 
  3.8   alcoholic beverage, the court shall forward its finding in the 
  3.9   case and the child's driver's license or permit to the 
  3.10  commissioner of public safety. Upon receipt, the commissioner 
  3.11  shall suspend the child's license or permit for a period of 90 
  3.12  days. 
  3.13     In all cases where the juvenile court finds that a child 
  3.14  has purchased or attempted to purchase tobacco in violation of 
  3.15  section 609.685, subdivision 3, if the child has a driver's 
  3.16  license or permit to drive, and if the child used a driver's 
  3.17  license, permit, Minnesota identification card, or any type of 
  3.18  false identification to purchase or attempt to purchase tobacco, 
  3.19  the court shall forward its finding in the case and the child's 
  3.20  driver's license or permit to the commissioner of public safety. 
  3.21  Upon receipt, the commissioner shall suspend the child's license 
  3.22  or permit for a period of 90 days. 
  3.23     None of the dispositional alternatives described in clauses 
  3.24  (a) to (f) shall be imposed by the court in a manner which would 
  3.25  cause an undue hardship upon the child. 
  3.26     Sec. 3.  [EFFECTIVE DATE.] 
  3.27     Sections 1 and 2 are effective August 1, 2001, and apply to 
  3.28  offenses committed on or after that date.