SF 2667

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

  1.1                          A bill for an act 
  1.2             relating to juvenile traffic offenders; providing for 
  1.3             adult court jurisdiction over juveniles who commit 
  1.4             nonfelony level traffic offenses after becoming 16 
  1.5             years old; providing the adult traffic court with new 
  1.6             dispositional alternatives for these traffic 
  1.7             offenders; amending Minnesota Statutes 1999 
  1.8             Supplement, sections 260B.007, subdivision 16; and 
  1.9             260B.225, subdivisions 1, 2, 4, and 5; proposing 
  1.10            coding for new law in Minnesota Statutes, chapter 169. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [169.935] [JUVENILES CONVICTED OF TRAFFIC 
  1.13  OFFENSES IN ADULT COURT; DISPOSITIONS.] 
  1.14     (a) As used in this section, "juvenile traffic offender" 
  1.15  means a person over whom the adult court has original 
  1.16  jurisdiction under section 260B.225, subdivision 4. 
  1.17     (b) Notwithstanding the provisions of section 609.125 to 
  1.18  the contrary, when a juvenile traffic offender is convicted of 
  1.19  committing a misdemeanor or gross misdemeanor-level traffic 
  1.20  offense, the court may order any of the following dispositions 
  1.21  as part of a sentence or as a condition of a stayed sentence:  
  1.22  home detention, electronic monitoring, probation, sentencing to 
  1.23  service, reporting to a day reporting center, chemical 
  1.24  dependency treatment or counseling, restitution, fines, 
  1.25  day-fines, community work service, work service in a restorative 
  1.26  justice program, and work in lieu of or to work off fines.  The 
  1.27  court also shall order any driver's license sanctions otherwise 
  1.28  required by law for the offense of conviction. 
  2.1      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.2   260B.007, subdivision 16, is amended to read: 
  2.3      Subd. 16.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
  2.4   OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
  2.5   alcohol offense, a juvenile controlled substance offense, a 
  2.6   violation of section 609.685, or a violation of a local 
  2.7   ordinance, which by its terms prohibits conduct by a child under 
  2.8   the age of 18 years which would be lawful conduct if committed 
  2.9   by an adult.  
  2.10     (b) Except as otherwise provided in paragraph (c), 
  2.11  "juvenile petty offense" also includes an offense that would be 
  2.12  a misdemeanor if committed by an adult.  
  2.13     (c) "Juvenile petty offense" does not include any of the 
  2.14  following: 
  2.15     (1) a misdemeanor-level violation of section 588.20, 
  2.16  609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23; 
  2.17     (2) a major felony-level traffic offense or an adult court 
  2.18  traffic offense, as described in section 260B.225; 
  2.19     (3) a misdemeanor-level offense committed by a child whom 
  2.20  the juvenile court previously has found to have committed a 
  2.21  misdemeanor, gross misdemeanor, or felony offense; or 
  2.22     (4) a misdemeanor-level offense committed by a child whom 
  2.23  the juvenile court has found to have committed a 
  2.24  misdemeanor-level juvenile petty offense on two or more prior 
  2.25  occasions, unless the county attorney designates the child on 
  2.26  the petition as a juvenile petty offender notwithstanding this 
  2.27  prior record.  As used in this clause, "misdemeanor-level 
  2.28  juvenile petty offense" includes a misdemeanor-level offense 
  2.29  that would have been a juvenile petty offense if it had been 
  2.30  committed on or after July 1, 1995.  
  2.31     (d) A child who commits a juvenile petty offense is a 
  2.32  "juvenile petty offender."  
  2.33     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  2.34  260B.225, subdivision 1, is amended to read: 
  2.35     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  2.36  section, the following terms have the meanings given them.  
  3.1      (b) "Major Felony-level traffic offense" includes any 
  3.2   violation of a state or local traffic law, ordinance, or 
  3.3   regulation, or a federal, state, or local water traffic law not 
  3.4   included within the provisions of paragraph (c).  
  3.5      (c) "Adult court traffic offense" means:  
  3.6      (1) a petty misdemeanor, misdemeanor, or gross misdemeanor 
  3.7   violation of a state or local traffic law, ordinance, or 
  3.8   regulation, or a petty misdemeanor, misdemeanor, or gross 
  3.9   misdemeanor violation of a federal, state, or local water 
  3.10  traffic law; or 
  3.11     (2) a violation of section 169.121, 169.129, or any other 
  3.12  misdemeanor- or gross misdemeanor-level traffic violation 
  3.13  committed as part of the same behavioral incident as a violation 
  3.14  of section 169.121 or 169.129.  
  3.15     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  3.16  260B.225, subdivision 2, is amended to read: 
  3.17     Subd. 2.  [JUVENILE HIGHWAY TRAFFIC OFFENDER.] A child who 
  3.18  commits a major felony-level traffic offense shall be 
  3.19  adjudicated a "juvenile highway traffic offender" or a "juvenile 
  3.20  water traffic offender," as the case may be, and shall not be 
  3.21  adjudicated delinquent, unless, as in the case of any other 
  3.22  child alleged to be delinquent, a petition is filed in the 
  3.23  manner provided in section 260B.141, summons issued, notice 
  3.24  given, a hearing held, and the court finds as a further fact 
  3.25  that the child is also delinquent within the meaning and purpose 
  3.26  of the laws relating to juvenile courts.  
  3.27     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  3.28  260B.225, subdivision 4, is amended to read: 
  3.29     Subd. 4.  [ORIGINAL JURISDICTION; JUVENILE COURT; ADULT 
  3.30  COURT.] (a) The juvenile court shall have has original 
  3.31  jurisdiction over: 
  3.32     (1) all juveniles age 15 and under alleged to have 
  3.33  committed any traffic offense before becoming 16 years of age; 
  3.34  and 
  3.35     (2) 16- and 17-year-olds all juveniles alleged to have 
  3.36  committed any major felony-level traffic offense, except that 
  4.1   the adult court has original jurisdiction over: 
  4.2      (i) petty traffic misdemeanors not a part of the same 
  4.3   behavioral incident of a misdemeanor being handled in juvenile 
  4.4   court; and 
  4.5      (ii) violations of sections 169.121 (drivers under the 
  4.6   influence of alcohol or controlled substance) and 169.129 
  4.7   (aggravated driving while intoxicated), and any other 
  4.8   misdemeanor or gross misdemeanor level traffic violations 
  4.9   committed as part of the same behavioral incident as a violation 
  4.10  of section 169.121 or 169.129 after becoming 16 years of age. 
  4.11     (b) The adult court has original jurisdiction over all 
  4.12  juveniles alleged to have committed an adult court traffic 
  4.13  offense after becoming 16 years of age.  
  4.14     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
  4.15  260B.225, subdivision 5, is amended to read: 
  4.16     Subd. 5.  [MAJOR FELONY-LEVEL TRAFFIC OFFENSE PROCEDURES.] 
  4.17  When a child is alleged to have committed a major felony-level 
  4.18  traffic offense, the peace officer making the charge shall file 
  4.19  a signed copy of the notice to appear, as provided in section 
  4.20  169.91, with the juvenile court of the county in which the 
  4.21  violation occurred, and the notice to appear has the effect of a 
  4.22  petition and gives the juvenile court jurisdiction.  Filing with 
  4.23  the court a notice to appear containing the name and address of 
  4.24  the child allegedly committing a major felony-level traffic 
  4.25  offense and specifying the offense charged, the time and place 
  4.26  of the alleged violation shall have the effect of a petition and 
  4.27  give the juvenile court jurisdiction.  Any reputable person 
  4.28  having knowledge of a child who commits a major felony-level 
  4.29  traffic offense may petition the juvenile court in the manner 
  4.30  provided in section 260B.141.  Whenever a notice to appear or 
  4.31  petition is filed alleging that a child is a juvenile highway 
  4.32  traffic offender or a juvenile water traffic offender, the court 
  4.33  shall summon and notify the persons required to be summoned or 
  4.34  notified as provided in sections 260B.151 and 260B.152.  
  4.35  However, it is not necessary to (1) notify more than one parent, 
  4.36  or (2) publish any notice, or (3) personally serve outside the 
  5.1   state.  
  5.2      Sec. 7.  [EFFECTIVE DATE.] 
  5.3      Sections 1 to 6 are effective August 1, 2000, and apply to 
  5.4   offenses committed on or after that date.