SF 1180

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to juveniles; extending juvenile court 
  1.3             jurisdiction over children who are habitual truants; 
  1.4             amending Minnesota Statutes 1998, section 260.181, 
  1.5             subdivision 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 260.181, 
  1.8   subdivision 4, is amended to read: 
  1.9      Subd. 4.  [TERMINATION OF JURISDICTION.] (a) The court may 
  1.10  dismiss the petition or otherwise terminate its jurisdiction on 
  1.11  its own motion or on the motion or petition of any interested 
  1.12  party at any time.  Unless terminated by the court, and except 
  1.13  as otherwise provided in this subdivision, the jurisdiction of 
  1.14  the court shall continue until the individual becomes 19 years 
  1.15  of age if the court determines it is in the best interest of the 
  1.16  individual to do so.  Court jurisdiction under section 260.015, 
  1.17  subdivision 2a, clause (12) (14), may not continue past the 
  1.18  child's 17th 18th birthday.  
  1.19     (b) The jurisdiction of the court over an extended 
  1.20  jurisdiction juvenile, with respect to the offense for which the 
  1.21  individual was convicted as an extended jurisdiction juvenile, 
  1.22  extends until the offender becomes 21 years of age, unless the 
  1.23  court terminates jurisdiction before that date.  
  1.24     (c) The juvenile court has jurisdiction to designate the 
  1.25  proceeding an extended jurisdiction juvenile prosecution, to 
  2.1   hold a certification hearing, or to conduct a trial, receive a 
  2.2   plea, or impose a disposition under section 260.126, subdivision 
  2.3   4, if: 
  2.4      (1) an adult is alleged to have committed an offense before 
  2.5   the adult's 18th birthday; and 
  2.6      (2) a petition is filed under section 260.131 before 
  2.7   expiration of the time for filing under section 628.26 and 
  2.8   before the adult's 21st birthday. 
  2.9   The juvenile court lacks jurisdiction under this paragraph if 
  2.10  the adult demonstrates that the delay was purposefully caused by 
  2.11  the state in order to gain an unfair advantage. 
  2.12     (d) The district court has original and exclusive 
  2.13  jurisdiction over a proceeding: 
  2.14     (1) that involves an adult who is alleged to have committed 
  2.15  an offense before the adult's 18th birthday; and 
  2.16     (2) in which a criminal complaint is filed before 
  2.17  expiration of the time for filing under section 628.26 and after 
  2.18  the adult's 21st birthday. 
  2.19     The juvenile court retains jurisdiction if the adult 
  2.20  demonstrates that the delay in filing a criminal complaint was 
  2.21  purposefully caused by the state in order to gain an unfair 
  2.22  advantage. 
  2.23     (e) The juvenile court has jurisdiction over a person who 
  2.24  has been adjudicated delinquent until the person's 21st birthday 
  2.25  if the person fails to appear at any juvenile court hearing or 
  2.26  fails to appear at or absconds from any placement under a 
  2.27  juvenile court order.  The juvenile court has jurisdiction over 
  2.28  a convicted extended jurisdiction juvenile who fails to appear 
  2.29  at any juvenile court hearing or fails to appear at or absconds 
  2.30  from any placement under section 260.126, subdivision 4.  The 
  2.31  juvenile court lacks jurisdiction under this paragraph if the 
  2.32  adult demonstrates that the delay was purposefully caused by the 
  2.33  state in order to gain an unfair advantage. 
  2.34     Sec. 2.  [EFFECTIVE DATE.] 
  2.35     Section 1 is effective the day following final enactment.