SF 2297

as introduced - 87th Legislature (2011 - 2012) Posted on 03/23/2012 05:34pm

A bill for an act
relating to crime victims; establishing Jacob's law; requiring initial notice of
crime victim rights to be distributed to each parent, guardian, or custodian of a
child victim; requiring notification by law enforcement to social services if a child
is neglected or abused outside the home; amending parental rights under custody
orders to include police reports on minor children; amending Minnesota Statutes
2010, sections 518.17, subdivision 3; 611A.01; 626.556, subdivision 10a.

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

Section 1.

Minnesota Statutes 2010, section 518.17, subdivision 3, is amended to read:

Subd. 3.

Custody order.

(a) Upon adjudging the nullity of a marriage, or in a
dissolution or separation proceeding, or in a child custody proceeding, the court shall
make such further order as it deems just and proper concerning:

(1) the legal custody of the minor children of the parties which shall be sole or joint;

(2) their physical custody and residence; and

(3) their support. In determining custody, the court shall consider the best interests
of each child and shall not prefer one parent over the other solely on the basis of the sex
of the parent.

(b) The court shall grant the following rights to each of the parties, unless specific
findings are made under section 518.68, subdivision 1. Each party has the right of access
to, and to receive copies of, school, medical, dental, religious training, new text begin police reports, new text end and
other important records and information about the minor children. Each party has the
right of access to information regarding health or dental insurance available to the minor
children. Each party shall keep the other party informed as to the name and address of
the school of attendance of the minor children. Each party has the right to be informed
by school officials about the children's welfare, educational progress and status, and to
attend school and parent-teacher conferences. The school is not required to hold a separate
conference for each party. In case of an accident or serious illness of a minor child, each
party shall notify the other party of the accident or illness, and the name of the health
care provider and the place of treatment. new text begin Each party shall notify the other party if the
minor child is the victim of a crime and shall provide the name of the investigating law
enforcement officer. new text end Each party has the right to reasonable access and telephone contact
with the minor children. The court may waive any of the rights under this section if it
finds it is necessary to protect the welfare of a party or child.

Sec. 2.

Minnesota Statutes 2010, section 611A.01, is amended to read:

611A.01 DEFINITIONS.

For the purposes of sections 611A.01 to 611A.06:

(a) "Crime" means conduct that is prohibited by local ordinance and results in bodily
harm to an individual; or conduct that is included within the definition of "crime" in
section 609.02, subdivision 1, or would be included within that definition but for the fact
that (1) the person engaging in the conduct lacked capacity to commit the crime under the
laws of this state, or (2) the act was alleged or found to have been committed by a juvenile.

(b) "Victim" means a natural person who incurs loss or harm as a result of a crime,
including a good faith effort to prevent a crime, and for purposes of sections 611A.04
and 611A.045, also includes (1) a corporation that incurs loss or harm as a result of a
crime, (2) a government entity that incurs loss or harm as a result of a crime, and (3) any
other entity authorized to receive restitution under section 609.10 or 609.125. The term
"victim" includes the family members, guardian, or custodian of a minor, incompetent,
incapacitated, or deceased person. In a case where the new text begin peace officer or new text end prosecutor finds
that the number of family members makes it impracticable to accord all of the family
members the rights described in sections 611A.02 to 611A.0395, the deleted text begin prosecutor deleted text end new text begin law
enforcement or prosecuting agency new text end shall establish a reasonable procedure to give effect
to those rights. The procedure may not limit the number of victim impact statements
submitted to the court under section 611A.038. new text begin If a victim is a minor, the procedure must
include diligent efforts to distribute the notices required under section 611A.02 to each
parent, guardian, or custodian of the minor, except when otherwise prohibited by law or
when the parent, guardian, or custodian is the alleged perpetrator. new text end The term "victim" does
not include the person charged with or alleged to have committed the crime.

(c) "Juvenile" has the same meaning as given to the term "child" in section
260B.007, subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 3.

Minnesota Statutes 2010, section 626.556, subdivision 10a, is amended to read:

Subd. 10a.

Law enforcement agency responsibility for investigation; welfare
agency reliance on law enforcement fact-finding; welfare agency offer of services.

(a) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a
parent, guardian, sibling, person responsible for the child's care functioning within the
family unit, or a person who lives in the child's household and who has a significant
relationship to the child, in a setting other than a facility as defined in subdivision 2, the
local welfare agency shall immediately notify the appropriate law enforcement agency,
which shall conduct an investigation of the alleged abuse or neglect if a violation of a
criminal statute is alleged.

(b) The local agency may rely on the fact-finding efforts of the law enforcement
investigation conducted under this subdivision to make a determination whether or not
threatened injury or other maltreatment has occurred under subdivision 2 if an alleged
offender has minor children or lives with minors.

(c) new text begin If a child is the victim of an alleged crime under paragraph (a), the law
enforcement agency shall immediately notify new text end the local welfare agency new text begin , which new text end shall offer
appropriate social services for the purpose of safeguarding and enhancing the welfare of
the abused or neglected minor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end