SF 2790

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/25/2010 07:52am

A bill for an act
relating to public safety; modifying provisions related to certain juvenile
records; authorizing the expungement of certain juvenile records; authorizing
the commissioner of human services to grant set asides or variances for certain
individuals disqualified from licensure because of an offense committed as a
juvenile; requiring chemical use screen of juvenile offenders; changing penalties
and prohibitions related to using or brandishing replica firearms and BB guns on
school property; requiring the revisor of statutes to publish a table in Minnesota
Statutes containing cross-references to collateral sanctions imposed on juveniles
as a result of an adjudication of delinquency; clarifying detention placement
options for extended jurisdiction juveniles pending revocation hearings;
modifying certain provisions regarding juvenile delinquency to include stays of
adjudication of delinquency; extending the duration of the continuance period
allowed in a juvenile delinquency matter; amending Minnesota Statutes 2008,
sections 241.31, subdivision 1; 242.32, subdivision 2; 260B.125, subdivision
4; 260B.130, subdivision 5; 260B.157, subdivision 1; 260B.171, subdivision
5; 260B.176, subdivision 2; 260B.198, subdivision 7; 299C.105, subdivision
1; 299C.61, subdivision 8a; 609.117, subdivision 1; 609.66, subdivision 1d;
609A.02, subdivision 2; 609A.03, subdivisions 1, 2, 4, 5, 5a, 7; 624.713,
subdivision 3; Minnesota Statutes 2009 Supplement, sections 245C.24,
subdivision 2; 624.713, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 241.31, subdivision 1, is amended to read:

Subdivision 1.

Establishment of program.

Notwithstanding any provisions of
Minnesota Statutes to the contrary, any city, county or town, or any nonprofit corporation
approved by the commissioner of corrections, or any combination thereof may establish
and operate a community corrections program for the purpose of providing housing,
supervision, treatment, counseling or other correctional services;

(a) to persons convicted of crime in the courts of this state and placed on probation
by such courts pursuant to section 609.135;

(b) to persons not yet convicted of a crime but under criminal accusation who
voluntarily accept such treatment;

(c) to persons adjudicated a delinquent new text begin or who received a stay of adjudication of
delinquency new text end under chapter 260 new text begin or chapter 260B new text end ;

(d) with the approval of the commissioner of corrections, to persons paroled under
chapter 242; and

(e) with the approval of the commissioner of corrections, to persons paroled under
section 243.05 or released under section 241.26.

Sec. 2.

Minnesota Statutes 2008, section 242.32, subdivision 2, is amended to read:

Subd. 2.

Secure placement of juvenile offenders.

The commissioner shall license
several small regional facilities providing secure capacity programming for juveniles who
have been adjudicated delinquent new text begin , have received a stay of adjudication of delinquency, new text end
or new text begin have been new text end convicted as extended jurisdiction juveniles and require secure placement.
The programming shall be tailored to the types of juveniles being served, including their
offense history, age, gender, cultural and ethnic heritage, mental health and chemical
dependency problems, and other characteristics. Services offered shall include but not
be limited to:

(1) intensive general educational programs, with an individual educational plan for
each juvenile;

(2) specific educational components in the management of anger and nonviolent
conflict resolution;

(3) treatment for chemical dependency;

(4) mental health screening, assessment, and treatment; and

(5) programming to educate offenders about sexuality and address issues specific to
victims and perpetrators of sexual abuse.

The facilities shall collaborate with facilities providing nonsecure residential
programming and with community-based aftercare programs.

Sec. 3.

Minnesota Statutes 2009 Supplement, section 245C.24, subdivision 2, is
amended to read:

Subd. 2.

Permanent bar to set aside a disqualification.

(a) Except as new text begin otherwise
new text end provided in deleted text begin paragraph (b) deleted text end new text begin this subdivision new text end , the commissioner may not set aside the
disqualification of any individual disqualified pursuant to this chapter, regardless of how
much time has passed, if the individual was disqualified for a crime or conduct listed in
section 245C.15, subdivision 1.

(b) For an individual in the chemical dependency or corrections field who was
disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose
disqualification was set aside prior to July 1, 2005, the commissioner must consider
granting a variance pursuant to section 245C.30 for the license holder for a program
dealing primarily with adults. A request for reconsideration evaluated under this paragraph
must include a letter of recommendation from the license holder that was subject to the
prior set-aside decision addressing the individual's quality of care to children or vulnerable
adults and the circumstances of the individual's departure from that service.

(c) When a licensed foster care provider adopts an individual who had received
foster care services from the provider for over six months, and the adopted individual is
required to receive a background study under section 245C.03, subdivision 1, paragraph
(a), clause (2) or (6), the commissioner may grant a variance to the license holder under
section 245C.30 to permit the adopted individual with a permanent disqualification
to remain affiliated with the license holder under the conditions of the variance when
the variance is recommended by the county of responsibility for each of the remaining
individuals in placement in the home and the licensing agency for the home.

new text begin (d) The commissioner shall consider granting a set aside under section 245C.22 or a
variance under section 245C.30 to an individual who is now 21 years of age or older and
who was disqualified for a crime or conduct listed under section 245C.15, subdivision 1,
occurring while the individual was under the age of 18. This paragraph does not apply to
individuals who were convicted of the disqualifying crime following certification under
section 260B.125.
new text end

Sec. 4.

Minnesota Statutes 2008, section 260B.125, subdivision 4, is amended to read:

Subd. 4.

Public safety.

In determining whether the public safety is served by
certifying the matter, the court shall consider the following factors:

(1) the seriousness of the alleged offense in terms of community protection,
including the existence of any aggravating factors recognized by the Sentencing
Guidelines, the use of a firearm, and the impact on any victim;

(2) the culpability of the child in committing the alleged offense, including the level
of the child's participation in planning and carrying out the offense and the existence of
any mitigating factors recognized by the Sentencing Guidelines;

(3) the child's prior record of delinquency new text begin , including adjudications of delinquency
and delinquency petitions that resulted in stays of adjudication of delinquency new text end ;

(4) the child's programming history, including the child's past willingness to
participate meaningfully in available programming;

(5) the adequacy of the punishment or programming available in the juvenile justice
system; and

(6) the dispositional options available for the child.

In considering these factors, the court shall give greater weight to the seriousness of
the alleged offense and the child's prior record of delinquency new text begin , including adjudications
of delinquency and delinquency petitions that resulted in stays of adjudication of
delinquency, new text end than to the other factors listed in this subdivision.

Sec. 5.

Minnesota Statutes 2008, section 260B.130, subdivision 5, is amended to read:

Subd. 5.

Execution of adult sentence.

new text begin (a) new text end When it appears that a person convicted
as an extended jurisdiction juvenile has violated the conditions of the stayed sentence,
or is alleged to have committed a new offense, the court may, without notice, revoke the
stay and probation and direct that the offender be taken into immediate custody. The court
shall notify the offender in writing of the reasons alleged to exist for revocation of the
stay of execution of the adult sentence. If the offender challenges the reasons, the court
shall hold a summary hearing on the issue at which the offender is entitled to be heard and
represented by counsel.

new text begin (b) If a person described in paragraph (a) is taken into custody, the person may be
detained in a secure juvenile detention facility. If there is no secure juvenile detention
facility or existing acceptable detention alternative available for juveniles within the
county, the child may be detained up to 24 hours, excluding Saturdays, Sundays, and
holidays, or for up to six hours in a standard metropolitan statistical area, in a jail, lockup,
or other facility used for the confinement of adults who have been charged with or
convicted of a crime. In this instance, the person must be confined in quarters separate
from any adult confined in the facility that allow for complete sight and sound separation
for all activities during the period of the detention, and the adult facility must be approved
for the detention of juveniles by the commissioner of corrections.
new text end

new text begin If the person is 18 years of age or older and is to be detained prior to the revocation
hearing, the person may be detained in a local adult correctional facility without the need
for sight and sound separation.
new text end

new text begin (c) new text end After the hearing, if the court finds that reasons exist to revoke the stay of
execution of sentence, the court shall treat the offender as an adult and order any of the
adult sanctions authorized by section 609.14, subdivision 3, except that no credit shall
be given for time served in juvenile facility custody prior to a summary hearing. If the
offender was convicted of an offense described in subdivision 1, clause (2), and the court
finds that reasons exist to revoke the stay, the court must order execution of the previously
imposed sentence unless the court makes written findings regarding the mitigating factors
that justify continuing the stay.

new text begin (d) new text end Upon revocation, the offender's extended jurisdiction status is terminated and
juvenile court jurisdiction is terminated. The ongoing jurisdiction for any adult sanction,
other than commitment to the commissioner of corrections, is with the adult court.

Sec. 6.

Minnesota Statutes 2008, section 260B.157, subdivision 1, is amended to read:

Subdivision 1.

Investigation.

Upon request of the court the local social services
agency or probation officer shall investigate the personal and family history and
environment of any minor coming within the jurisdiction of the court under section
260B.101 and shall report its findings to the court. The court may order any minor coming
within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or
psychologist appointed by the court.

The court shall order a chemical use assessment conducted when a child is (1) found
to be delinquent for violating a provision of chapter 152, or for committing a felony-level
violation of a provision of chapter 609 if the probation officer determines that alcohol or
drug use was a contributing factor in the commission of the offense, or (2) alleged to be
delinquent for violating a provision of chapter 152, if the child is being held in custody
under a detention order. The assessor's qualifications and the assessment criteria shall
comply with Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under chapter
254B are to be used to pay for the recommended treatment, the assessment and placement
must comply with all provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and
9530.7000 to 9530.7030. The commissioner of human services shall reimburse the court
for the cost of the chemical use assessment, up to a maximum of $100.

The court shall order a children's mental health screening new text begin and a chemical use
screening new text end conducted when a child is found to be delinquent. The screening shall be
conducted with a screening instrument approved by the commissioner of human services
and shall be conducted by a mental health practitioner as defined in section 245.4871,
subdivision 26, or a probation officer who is trained in the use of the screening instrument.
If the screening indicates a need for new text begin a mental health new text end assessment, the local social services
agency, in consultation with the child's family, shall have a diagnostic assessment
conducted, including a functional assessment, as defined in section 245.4871. new text begin If the
screening indicates a need for a chemical use assessment, the local social service agency,
in consultation with the child's family, shall have a chemical use assessment conducted, as
defined in section 254A.03, subdivision 3. new text end

With the consent of the commissioner of corrections and agreement of the county to
pay the costs thereof, the court may, by order, place a minor coming within its jurisdiction
in an institution maintained by the commissioner for the detention, diagnosis, custody and
treatment of persons adjudicated to be delinquent new text begin or who received a stay of adjudication of
delinquency new text end , in order that the condition of the minor be given due consideration in the
disposition of the case. Any funds received under the provisions of this subdivision shall
not cancel until the end of the fiscal year immediately following the fiscal year in which the
funds were received. The funds are available for use by the commissioner of corrections
during that period and are hereby appropriated annually to the commissioner of corrections
as reimbursement of the costs of providing these services to the juvenile courts.

Sec. 7.

Minnesota Statutes 2008, section 260B.171, subdivision 5, is amended to read:

Subd. 5.

Peace officer records of children.

(a) Except for records relating to
an offense where proceedings are public under section 260B.163, subdivision 1, Peace
officers' records of children who are or may be delinquent or who may be engaged in
criminal acts shall be kept separate from records of persons 18 years of age or older
and are private data but shall be disseminated: (1) by order of the juvenile court, (2) as
required by section 121A.28, (3) as authorized under section 13.82, subdivision 2, (4) to
the child or the child's parent or guardian unless disclosure of a record would interfere
with an ongoing investigation, (5) to the Minnesota crime victims reparations board as
required by section 611A.56, subdivision 2, clause (6), for the purpose of processing
claims for crime victims reparations, or (6) as otherwise provided in this subdivision.
Except as provided in paragraph (c), no photographs of a child taken into custody may be
taken without the consent of the juvenile court unless the child is alleged to have violated
section 169A.20. Peace officers' records containing data about children who are victims
of crimes or witnesses to crimes must be administered consistent with section 13.82,
subdivisions 2, 3, 6, and 17. Any person violating any of the provisions of this subdivision
shall be guilty of a misdemeanor.

In the case of computerized records maintained about juveniles by peace officers,
the requirement of this subdivision that records about juveniles must be kept separate
from adult records does not mean that a law enforcement agency must keep its records
concerning juveniles on a separate computer system. Law enforcement agencies may keep
juvenile records on the same computer as adult records and may use a common index to
access both juvenile and adult records so long as the agency has in place procedures that
keep juvenile records in a separate place in computer storage and that comply with the
special data retention and other requirements associated with protecting data on juveniles.

(b) Nothing in this subdivision prohibits the exchange of information by law
enforcement agencies if the exchanged information is pertinent and necessary for law
enforcement purposes.

(c) A photograph may be taken of a child taken into custody pursuant to section
260B.175, subdivision 1, clause (b), provided that the photograph must be destroyed when
the child reaches the age of 19 years. The commissioner of corrections may photograph
juveniles whose legal custody is transferred to the commissioner. Photographs of juveniles
authorized by this paragraph may be used only for institution management purposes,
case supervision by parole agents, and to assist law enforcement agencies to apprehend
juvenile offenders. The commissioner shall maintain photographs of juveniles in the same
manner as juvenile court records and names under this section.

(d) Traffic investigation reports are open to inspection by a person who has sustained
physical harm or economic loss as a result of the traffic accident. Identifying information
on juveniles who are parties to traffic accidents may be disclosed as authorized under
section 13.82, subdivision 6, and accident reports required under section 169.09 may be
released under section 169.09, subdivision 13, unless the information would identify a
juvenile who was taken into custody or who is suspected of committing an offense that
would be a crime if committed by an adult, or would associate a juvenile with the offense,
and the offense is not an adult court traffic offense under section 260B.225.

(e) The head of a law enforcement agency or a person specifically given the duty
by the head of the law enforcement agency shall notify the superintendent or chief
administrative officer of a juvenile's school of an incident occurring within the agency's
jurisdiction if:

(1) the agency has probable cause to believe that the juvenile has committed an
offense that would be a crime if committed as an adult, that the victim of the offense is a
student or staff member of the school, and that notice to the school is reasonably necessary
for the protection of the victim; or

(2) the agency has probable cause to believe that the juvenile has committed an
offense described in subdivision 3, paragraph (a), clauses (1) to (3), that would be a crime
if committed by an adult, regardless of whether the victim is a student or staff member
of the school.

A law enforcement agency is not required to notify the school under this paragraph
if the agency determines that notice would jeopardize an ongoing investigation. For
purposes of this paragraph, "school" means a public or private elementary, middle,
secondary, or charter school.

(f) In any county in which the county attorney operates or authorizes the operation
of a juvenile prepetition or pretrial diversion program, a law enforcement agency or
county attorney's office may provide the juvenile diversion program with data concerning
a juvenile who is a participant in or is being considered for participation in the program.

(g) Upon request of a local social services agency, peace officer records of
children who are or may be delinquent or who may be engaged in criminal acts may be
disseminated to the agency to promote the best interests of the subject of the data.

(h) Upon written request, the prosecuting authority shall release investigative data
collected by a law enforcement agency to the victim of a criminal act or alleged criminal
act or to the victim's legal representative, except as otherwise provided by this paragraph.
Data shall not be released if:

(1) the release to the individual subject of the data would be prohibited under
section 13.821; or

(2) the prosecuting authority reasonably believes:

(i) that the release of that data will interfere with the investigation; or

(ii) that the request is prompted by a desire on the part of the requester to engage in
unlawful activities.

new text begin (i) A consent to the release of a peace officer record governed by this subdivision
from the individual who is the subject of the record is not effective and a law enforcement
agency must not release the record or release information in a manner that reveals the
existence of the record. This paragraph does not apply to the release of a record for
purposes of enlistment in military forces, as defined in section 190.05, subdivision 3.
new text end

Sec. 8.

Minnesota Statutes 2008, section 260B.176, subdivision 2, is amended to read:

Subd. 2.

Reasons for detention.

(a) If the child is not released as provided in
subdivision 1, the person taking the child into custody shall notify the court as soon as
possible of the detention of the child and the reasons for detention.

(b) No child may be detained in a juvenile secure detention facility or shelter care
facility longer than 36 hours, excluding Saturdays, Sundays, and holidays, after being
taken into custody for a delinquent act as defined in section 260B.007, subdivision 6,
unless a petition has been filed and the judge or referee determines pursuant to section
260B.178 that the child shall remain in detention.

(c) No child may be detained in an adult jail or municipal lockup longer than 24
hours, excluding Saturdays, Sundays, and holidays, or longer than six hours in an adult
jail or municipal lockup in a standard metropolitan statistical area, after being taken into
custody for a delinquent act as defined in section 260B.007, subdivision 6, unless:

(1) a petition has been filed under section 260B.141; and

(2) a judge or referee has determined under section 260B.178 that the child shall
remain in detention.

After August 1, 1991, no child described in this paragraph may be detained in an
adult jail or municipal lockup longer than 24 hours, excluding Saturdays, Sundays, and
holidays, or longer than six hours in an adult jail or municipal lockup in a standard
metropolitan statistical area, unless the requirements of this paragraph have been met and,
in addition, a motion to refer the child for adult prosecution has been made under section
260B.125. Notwithstanding this paragraph, continued detention of a child in an adult
detention facility outside of a standard metropolitan statistical area county is permissible if:

(i) the facility in which the child is detained is located where conditions of distance
to be traveled or other ground transportation do not allow for court appearances within 24
hours. A delay not to exceed 48 hours may be made under this clause; or

(ii) the facility is located where conditions of safety exist. Time for an appearance
may be delayed until 24 hours after the time that conditions allow for reasonably safe
travel. "Conditions of safety" include adverse life-threatening weather conditions that do
not allow for reasonably safe travel.

The continued detention of a child under clause (i) or (ii) must be reported to the
commissioner of corrections.

(d) If a child described in paragraph (c) is to be detained in a jail beyond 24 hours,
excluding Saturdays, Sundays, and holidays, the judge or referee, in accordance with
rules and procedures established by the commissioner of corrections, shall notify the
commissioner of the place of the detention and the reasons therefor. The commissioner
shall thereupon assist the court in the relocation of the child in an appropriate juvenile
secure detention facility or approved jail within the county or elsewhere in the state, or in
determining suitable alternatives. The commissioner shall direct that a child detained in a
jail be detained after eight days from and including the date of the original detention order
in an approved juvenile secure detention facility with the approval of the administrative
authority of the facility. If the court refers the matter to the prosecuting authority pursuant
to section 260B.125, notice to the commissioner shall not be required.

(e) When a child is detained for an alleged delinquent act in a state licensed juvenile
facility or program, or when a child is detained in an adult jail or municipal lockup as
provided in paragraph (c), the supervisor of the facility shall, if the child's parent or legal
guardian consents, have a children's mental health screening conducted with a screening
instrument approved by the commissioner of human services, unless a screening has been
performed within the previous 180 days or the child is currently under the care of a mental
health professional. The screening shall be conducted by a mental health practitioner
as defined in section 245.4871, subdivision 26, or a probation officer who is trained in
the use of the screening instrument. The screening shall be conducted after the initial
detention hearing has been held and the court has ordered the child continued in detention.
The results of the screening may only be presented to the court at the dispositional phase
of the court proceedings on the matter unless the parent or legal guardian consents to
presentation at a different time. If the screening indicates a need for assessment, the
local social services agency or probation officer, with the approval of the child's parent
or legal guardian, shall have a diagnostic assessment conducted, including a functional
assessment, as defined in section 245.4871.

new text begin (f) When a child is detained for an alleged delinquent act in a state licensed juvenile
facility or program, or when a child is detained in an adult jail or municipal lockup as
provided in paragraph (c), the supervisor of the facility shall, if the child's parent or legal
guardian consents, have a chemical use screen conducted with a screening instrument
approved by the commissioner of human services, unless a screening has been performed
within the previous 180 days or the child is currently under the care of a licensed alcohol
and drug counselor. The screening shall be conducted by a mental health practitioner as
defined in section 245.4871, subdivision 26, or a probation officer who is trained in the use
of the screening instrument. The screening shall be conducted after the initial detention
hearing has been held and the court has ordered the child continued in detention.
new text end

Sec. 9.

Minnesota Statutes 2008, section 260B.198, subdivision 7, is amended to read:

Subd. 7.

Continuance.

When it is in the best interests of the child new text begin and public safety new text end
to do so and when the child has admitted the allegations contained in the petition before
the judge or referee, or when a hearing has been held as provided for in section 260B.163
and the allegations contained in the petition have been duly proven but, in either case,
before a finding of delinquency has been entered, the court may new text begin stay the adjudication of
delinquency and new text end continue the case for a period not to exceed deleted text begin 90 deleted text end new text begin 180 new text end days on any one
order. new text begin With the consent of the prosecutor, new text end such a continuance may be deleted text begin extended deleted text end new text begin renewed new text end
for deleted text begin one additional successive deleted text end new text begin a new text end period not to deleted text begin exceed 90 days deleted text end new text begin extend beyond the child's
19th birthday new text end and only after the court has reviewed the case and entered its order for an
additional continuance without a finding of delinquency. During deleted text begin this deleted text end new text begin either new text end continuance
the court may enter an order in accordance with the provisions of subdivision 1, deleted text begin clause (1)
or (2), deleted text end or enter an order to hold the child in detention for a period not to exceed 15 days on
any one order for the purpose of completing any consideration, or any investigation or
examination ordered in accordance with the provisions of section 260B.157. new text begin The court
shall not stay adjudication on any felony offense if the child has previously received a
stay of adjudication of delinquency by a court in any judicial district. new text end This subdivision
does not apply to an extended jurisdiction juvenile proceeding. new text begin In calculating an adult
criminal history score, a stay of adjudication for a felony-level offense ordered by the
court pursuant to this subdivision shall be counted as an adjudication by the Minnesota
Sentencing Guidelines Commission.
new text end

Sec. 10.

Minnesota Statutes 2008, section 299C.105, subdivision 1, is amended to read:

Subdivision 1.

Required collection of biological specimen for DNA testing.

(a)
Sheriffs, peace officers, and community corrections agencies operating secure juvenile
detention facilities shall take or cause to be taken biological specimens for the purpose of
DNA analysis as defined in section 299C.155, of the following:

(1) persons who have appeared in court and have had a judicial probable cause
determination on a charge of committing, or persons having been convicted of or
attempting to commit, any of the following:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 609.3453;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;

(2) persons sentenced as patterned sex offenders under section 609.3455, subdivision
3a; or

(3) juveniles who have appeared in court and have had a judicial probable cause
determination on a charge of committing, deleted text begin or deleted text end juveniles having been adjudicated delinquent new text begin ,
or juveniles who have received a stay of adjudication of delinquency new text end for committing or
attempting to commit, any of the following:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 609.3453;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3.

(b) Unless the superintendent of the bureau requires a shorter period, within 72 hours
the biological specimen required under paragraph (a) must be forwarded to the bureau in
such a manner as may be prescribed by the superintendent.

(c) Prosecutors, courts, and probation officers shall attempt to ensure that the
biological specimen is taken on a person described in paragraph (a).

Sec. 11.

Minnesota Statutes 2008, section 299C.61, subdivision 8a, is amended to read:

Subd. 8a.

Conviction.

"Conviction" means a criminal conviction or an adjudication
of delinquency new text begin or a stay of adjudication of delinquency new text end for an offense that would be a
crime if committed by an adult.

Sec. 12.

Minnesota Statutes 2008, section 609.117, subdivision 1, is amended to read:

Subdivision 1.

Upon sentencing.

If an offender has not already done so, the court
shall order an offender to provide a biological specimen for the purpose of DNA analysis
as defined in section 299C.155 when:

(1) the court sentences a person charged with committing or attempting to commit
a felony offense and the person is convicted of that offense or of any offense arising
out of the same set of circumstances; or

(2) the juvenile court deleted text begin adjudicates a person a delinquent child who is petitioned for
committing or attempting to commit a felony offense and is adjudicated delinquent for
that offense or any offense arising out of the same set of circumstances deleted text end new text begin finds that a child
who was petitioned for committing or attempting to commit a felony offense did commit
that offense or any offense arising out of the same set of circumstances new text end .

The biological specimen or the results of the analysis shall be maintained by the Bureau of
Criminal Apprehension as provided in section 299C.155.

Sec. 13.

Minnesota Statutes 2008, section 609.66, subdivision 1d, is amended to read:

Subd. 1d.

Possession on school property; penalty.

(a) Except as provided under
paragraphs deleted text begin (c) deleted text end new text begin (d) new text end and deleted text begin (e) deleted text end new text begin (f) new text end , whoever possesses, stores, or keeps a dangerous weapon
deleted text begin or uses or deleted text end deleted text begin brandishes a replica firearm or a BB gun deleted text end while knowingly on school property is
guilty of a felony and may be sentenced to imprisonment for not more than deleted text begin two deleted text end new text begin five new text end years
or to payment of a fine of not more than deleted text begin $5,000 deleted text end new text begin $10,000 new text end , or both.

new text begin (b) Whoever uses or brandishes a replica firearm or a BB gun while knowingly on
school property is guilty of a gross misdemeanor.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Whoever possesses, stores, or keeps a replica firearm or a BB gun new text begin while
knowingly new text end on school property is guilty of a deleted text begin gross deleted text end misdemeanor.

deleted text begin (c) deleted text end new text begin (d) new text end Notwithstanding paragraph (a) deleted text begin or deleted text end new text begin , new text end (b), new text begin or (c), new text end it is a misdemeanor for a person
authorized to carry a firearm under the provisions of a permit or otherwise to carry a
firearm on or about the person's clothes or person in a location the person knows is school
property. Notwithstanding section 609.531, a firearm carried in violation of this paragraph
is not subject to forfeiture.

deleted text begin (d) deleted text end new text begin (e) new text end As used in this subdivision:

(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch
or less in diameter;

(2) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;

(3) "replica firearm" has the meaning given it in section 609.713; and

(4) "school property" means:

(i) a public or private elementary, middle, or secondary school building and its
improved grounds, whether leased or owned by the school;

(ii) a child care center licensed under chapter 245A during the period children are
present and participating in a child care program;

(iii) the area within a school bus when that bus is being used by a school to
transport one or more elementary, middle, or secondary school students to and from
school-related activities, including curricular, cocurricular, noncurricular, extracurricular,
and supplementary activities; and

(iv) that portion of a building or facility under the temporary, exclusive control
of a public or private school, a school district, or an association of such entities where
conspicuous signs are prominently posted at each entrance that give actual notice to
persons of the school-related use.

deleted text begin (e) deleted text end new text begin (f) new text end This subdivision does not apply to:

(1) active licensed peace officers;

(2) military personnel or students participating in military training, who are on-duty,
performing official duties;

(3) persons authorized to carry a pistol under section 624.714 while in a motor
vehicle or outside of a motor vehicle to directly place a firearm in, or retrieve it from, the
trunk or rear area of the vehicle;

(4) persons who keep or store in a motor vehicle pistols in accordance with section
624.714 or 624.715 or other firearms in accordance with section 97B.045;

(5) firearm safety or marksmanship courses or activities conducted on school
property;

(6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial
color guard;

(7) a gun or knife show held on school property;

(8) possession of dangerous weapons, BB guns, or replica firearms with written
permission of the principal or other person having general control and supervision of the
school or the director of a child care center; or

(9) persons who are on unimproved property owned or leased by a child care center,
school, or school district unless the person knows that a student is currently present on the
land for a school-related activity.

deleted text begin (f) deleted text end new text begin (g) new text end Notwithstanding section 471.634, a school district or other entity composed
exclusively of school districts may not regulate firearms, ammunition, or their respective
components, when possessed or carried by nonstudents or nonemployees, in a manner
that is inconsistent with this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2008, section 609A.02, subdivision 2, is amended to read:

Subd. 2.

new text begin Offenses committed by new text end juveniles deleted text begin prosecuted as adults deleted text end .

A petition for
the sealing of deleted text begin a conviction record deleted text end new text begin any type of delinquency or criminal record relating to a
juvenile matter new text end may be filed under section 609A.03 by a person who has deleted text begin been committed
to the custody of the commissioner of corrections upon conviction of a crime following
certification to district court under section 260B.125, if the person deleted text end new text begin successfully completed
the terms of the person's disposition or sentence and who is no longer under correctional
supervision for the offense, if new text end :

(1) deleted text begin is finally discharged by the commissioner; or deleted text end new text begin the person received a disposition
under section 260B.198, regardless of whether the person was adjudicated delinquent;
new text end

(2) deleted text begin has been placed on probation by the court under section 609.135 and has been
discharged from probation after satisfactory fulfillment of it deleted text end new text begin the matter was designated
an extended jurisdiction juvenile prosecution under section 260B.130 and the person's
adult sentence was never executed;
new text end

new text begin (3) the matter was designated an extended jurisdiction juvenile prosecution under
section 260B.130 and the person's adult sentence was subsequently executed; or
new text end

new text begin (4) the matter was certified for adult prosecution under section 260B.125 new text end .

Sec. 15.

Minnesota Statutes 2008, section 609A.03, subdivision 1, is amended to read:

Subdivision 1.

Petition; filing fee.

An individual who is the subject of a criminal
record who is seeking the expungement of the record shall file a petition under this section
and pay a filing fee in the amount required under section 357.021, subdivision 2, clause
(1). The filing fee may be waived in cases of indigency and shall be waived in the cases
described in section 609A.02, new text begin subdivision 2, clause (1) or (2), and new text end subdivision 3.

Sec. 16.

Minnesota Statutes 2008, section 609A.03, subdivision 2, is amended to read:

Subd. 2.

Contents of petition.

(a) A petition for expungement shall be signed under
oath by the petitioner and shall state the following:

(1) the petitioner's full name and all other legal names or aliases by which the
petitioner has been known at any time;

(2) the petitioner's date of birth;

(3) all of the petitioner's addresses from the date of the offense or alleged offense in
connection with which an expungement order is sought, to the date of the petition;

(4) why expungement is sought, if it is for employment or licensure purposes, the
statutory or other legal authority under which it is sought, and why it should be granted;

(5) the details of the offense or arrest for which expungement is sought, including
the date and jurisdiction of the occurrence, either the names of any victims or that there
were no identifiable victims, whether there is a current order for protection, restraining
order, or other no contact order prohibiting the petitioner from contacting the victims or
whether there has ever been a prior order for protection or restraining order prohibiting the
petitioner from contacting the victims, the court file number, and the date of conviction
or of dismissal;

(6) in the case of a conviction new text begin or delinquency record new text end , what steps the petitioner has
taken since the time of the offense toward personal rehabilitation, including treatment,
work, or other personal history that demonstrates rehabilitation;

(7) petitioner's criminal conviction new text begin and delinquency new text end record indicating all convictions
new text begin and findings of delinquency new text end for misdemeanors, gross misdemeanors, or felonies in this
state, and for all comparable convictions new text begin and findings of delinquency new text end in any other state,
federal court, or foreign country, whether the convictions new text begin or findings of delinquency
new text end occurred before or after the arrest deleted text begin or deleted text end new text begin , new text end conviction new text begin , or finding of delinquency new text end for which
expungement is sought;

(8) petitioner's criminal charges record indicating all prior and pending criminal
charges against the petitioner in this state or another jurisdiction, including all criminal
charges that have been continued for dismissal or stayed for adjudication, or have been the
subject of pretrial diversion; and

(9) all prior requests by the petitioner, whether for the present offense or for any
other offenses, in this state or any other state or federal court, for pardon, return of arrest
records, or expungement or sealing of a criminal record, whether granted or not, and all
stays of adjudication or imposition of sentence involving the petitioner.

(b) If there is a current order for protection, restraining order, or other no contact
order prohibiting the petitioner from contacting the victims or there has ever been a prior
order for protection or restraining order prohibiting the petitioner from contacting the
victims, the petitioner shall attach a copy of the order to the petition.

Sec. 17.

Minnesota Statutes 2008, section 609A.03, subdivision 4, is amended to read:

Subd. 4.

Hearing.

new text begin (a) new text end A hearing on the petition shall be held no sooner than 60
days after service of the petition. A victim of the offense for which expungement is
sought has a right to submit an oral or written statement to the court at the time of the
hearing describing the harm suffered by the victim as a result of the crime and the victim's
recommendation on whether expungement should be granted or denied. The judge shall
consider the victim's statement when making a decision.

new text begin (b) The court shall exclude the general public from a hearing on a petition to
expunge a record relating to a juvenile matter under section 609A.02, subdivision 2, and
may admit only persons who the court determines have a direct interest in the case, unless
the hearing on the underlying offense for which expungement is sought was open to the
public under section 260B.163, subdivision 1, paragraph (c), or other law.
new text end

Sec. 18.

Minnesota Statutes 2008, section 609A.03, subdivision 5, is amended to read:

Subd. 5.

Nature of remedy; standard deleted text begin ; firearms restriction deleted text end .

(a) Except as
otherwise provided by paragraph (b) new text begin or (c) new text end , expungement of a criminal new text begin or delinquency new text end
record is an extraordinary remedy to be granted only upon clear and convincing evidence
that it would yield a benefit to the petitioner commensurate with the disadvantages to
the public and public safety of:

(1) sealing the record; and

(2) burdening the court and public authorities to issue, enforce, and monitor an
expungement order.

(b) Except as otherwise provided by this paragraph, If the petitioner is petitioning
for the sealing of a criminal new text begin or delinquency new text end record under section 609A.02, subdivision
3, the court shall grant the petition to seal the record unless the agency or jurisdiction
whose records would be affected establishes by clear and convincing evidence that the
interests of the public and public safety outweigh the disadvantages to the petitioner
of not sealing the record.

(c) new text begin If the petitioner is petitioning for the sealing of a criminal or delinquency record
under section 609A.02, subdivision 2, clause (1) or (2), the court shall grant the petition
to seal the record unless the agency or jurisdiction whose records would be affected
establishes by clear and convincing evidence that the interests of the public and public
safety outweigh the disadvantages to the petitioner of not sealing the record.
new text end

new text begin (d) new text end If the court issues an expungement order it may require that the criminal new text begin or
delinquency new text end record be sealed, the existence of the record not be revealed, and the record
not be opened except as required under subdivision 7. Records must not be destroyed or
returned to the subject of the record.

Sec. 19.

Minnesota Statutes 2008, section 609A.03, subdivision 5a, is amended to read:

Subd. 5a.

Order concerning crimes of violence.

An order expunging the record of
a conviction new text begin or delinquency record new text end for a crime of violence as defined in section 624.712,
subdivision 5, must provide that the person is not entitled to ship, transport, possess, or
receive a firearm for the remainder of the person's lifetime. Any person whose record
of conviction new text begin or delinquency record new text end is expunged under this section and who thereafter
receives a relief of disability under United States Code, title 18, section 925, or whose
ability to possess firearms has been restored under section 609.165, subdivision 1d, is not
subject to the restriction in this subdivision.

Sec. 20.

Minnesota Statutes 2008, section 609A.03, subdivision 7, is amended to read:

Subd. 7.

Limitations of order.

(a) Upon issuance of an expungement order related
to a charge supported by probable cause, the DNA samples and DNA records held by
the Bureau of Criminal Apprehension and collected under authority other than section
299C.105, shall not be sealed, returned to the subject of the record, or destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) an expunged record may be opened for purposes of a criminal investigation,
prosecution, or sentencing, upon an ex parte court order;

(2) an expunged record of a conviction new text begin or delinquency proceeding new text end may be opened
for purposes of evaluating a prospective employee in a criminal justice agency without
a court order; and

(3) an expunged record of a conviction new text begin or delinquency proceeding new text end may be opened
for purposes of a background study under section 245C.08 unless the court order for
expungement is directed specifically to the commissioner of human services.

Upon request by law enforcement, prosecution, or corrections authorities, an agency
or jurisdiction subject to an expungement order shall inform the requester of the existence
of a sealed record and of the right to obtain access to it as provided by this paragraph. For
purposes of this section, a "criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under statutory authority.

Sec. 21.

Minnesota Statutes 2009 Supplement, section 624.713, subdivision 1, is
amended to read:

Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to
possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
any other firearm:

(1) a person under the age of 18 years except that a person under 18 may carry or
possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence
or under the direct supervision of the person's parent or guardian, (ii) for the purpose
of military drill under the auspices of a legally recognized military organization and
under competent supervision, (iii) for the purpose of instruction, competition, or target
practice on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship and safety with a pistol
or semiautomatic military-style assault weapon and approved by the commissioner of
natural resources;

(2) except as otherwise provided in clause (9), a person who has been convicted of,
or adjudicated delinquent new text begin or received a stay of adjudication of delinquency new text end or convicted
as an extended jurisdiction juvenile for committing, in this state or elsewhere, a crime
of violence. For purposes of this section, crime of violence includes crimes in other
states or jurisdictions which would have been crimes of violence as herein defined if they
had been committed in this state;

(3) a person who is or has ever been committed in Minnesota or elsewhere by
a judicial determination that the person is mentally ill, developmentally disabled, or
mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment
facility, or who has ever been found incompetent to stand trial or not guilty by reason of
mental illness, unless the person's ability to possess a firearm has been restored under
subdivision 4;

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the
date of conviction and, during that time, the person has not been convicted of any other
such violation of chapter 152 or a similar law of another state; or a person who is or has
ever been committed by a judicial determination for treatment for the habitual use of a
controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
person's ability to possess a firearm has been restored under subdivision 4;

(5) a person who has been committed to a treatment facility in Minnesota or
elsewhere by a judicial determination that the person is chemically dependent as defined
in section 253B.02, unless the person has completed treatment or the person's ability to
possess a firearm has been restored under subdivision 4. Property rights may not be abated
but access may be restricted by the courts;

(6) a peace officer who is informally admitted to a treatment facility pursuant to
section 253B.04 for chemical dependency, unless the officer possesses a certificate from
the head of the treatment facility discharging or provisionally discharging the officer from
the treatment facility. Property rights may not be abated but access may be restricted
by the courts;

(7) a person, including a person under the jurisdiction of the juvenile court, who
has been charged with committing a crime of violence and has been placed in a pretrial
diversion program by the court before disposition, until the person has completed the
diversion program and the charge of committing the crime of violence has been dismissed;

(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3, against a family or household member or section 609.2242, subdivision
3, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of section 609.224, subdivision 3, or
609.2242, subdivision 3, or a similar law of another state;

(9) a person who has been convicted in this state or elsewhere of assaulting a family
or household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearm for the
period determined by the sentencing court;

(10) a person who:

(i) has been convicted in any court of a crime punishable by imprisonment for a
term exceeding one year;

(ii) is a fugitive from justice as a result of having fled from any state to avoid
prosecution for a crime or to avoid giving testimony in any criminal proceeding;

(iii) is an unlawful user of any controlled substance as defined in chapter 152;

(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
the public, as defined in section 253B.02;

(v) is an alien who is illegally or unlawfully in the United States;

(vi) has been discharged from the armed forces of the United States under
dishonorable conditions; or

(vii) has renounced the person's citizenship having been a citizen of the United
States; or

(11) a person who has been convicted of the following offenses at the gross
misdemeanor level, unless three years have elapsed since the date of conviction and,
during that time, the person has not been convicted of any other violation of these sections:
section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision
4 (assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or
endangerment of a child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665
(setting a spring gun); 609.71 (riot); or 609.749 (harassment and stalking). For purposes
of this paragraph, the specified gross misdemeanor convictions include crimes committed
in other states or jurisdictions which would have been gross misdemeanors if conviction
occurred in this state.

A person who issues a certificate pursuant to this section in good faith is not liable
for damages resulting or arising from the actions or misconduct with a firearm committed
by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively
to persons who are prohibited from possessing a pistol or semiautomatic military-style
assault weapon under this subdivision before August 1, 1994.

The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
for persons convicted or adjudicated delinquent new text begin or received a stay of adjudication of
delinquency new text end of a crime of violence in clause (2), applies only to offenders who are
discharged from sentence or court supervision for a crime of violence on or after August
1, 1993.

For purposes of this section, "judicial determination" means a court proceeding
pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.

Sec. 22.

Minnesota Statutes 2008, section 624.713, subdivision 3, is amended to read:

Subd. 3.

Notice.

(a) When a person is convicted of, or adjudicated delinquent new text begin ,
received a stay of adjudication of delinquency, new text end or convicted as an extended jurisdiction
juvenile for committing, a crime of violence as defined in section 624.712, subdivision 5,
the court shall inform the defendant that the defendant is prohibited from possessing a
pistol or semiautomatic military-style assault weapon for the remainder of the person's
lifetime, and that it is a felony offense to violate this prohibition. The failure of the court
to provide this information to a defendant does not affect the applicability of the pistol
or semiautomatic military-style assault weapon possession prohibition or the felony
penalty to that defendant.

(b) When a person, including a person under the jurisdiction of the juvenile court, is
charged with committing a crime of violence and is placed in a pretrial diversion program
by the court before disposition, the court shall inform the defendant that: (1) the defendant
is prohibited from possessing a pistol or semiautomatic military-style assault weapon
until the person has completed the diversion program and the charge of committing a
crime of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this
prohibition; and (3) if the defendant violates this condition of participation in the diversion
program, the charge of committing a crime of violence may be prosecuted. The failure of
the court to provide this information to a defendant does not affect the applicability of the
pistol or semiautomatic military-style assault weapon possession prohibition or the gross
misdemeanor penalty to that defendant.

Sec. 23. new text begin REVISOR INSTRUCTION; TABLE OF JUVENILE COLLATERAL
SANCTIONS.
new text end

new text begin (a) The revisor of statutes shall publish a table in Minnesota Statutes that contains
cross-references to state laws that are collateral sanctions imposed on a juvenile as a result
of an adjudication of delinquency. The revisor shall create a structure that categorizes
these laws in a useful way to users.
new text end

new text begin (b) The revisor shall include appropriate cautionary language with the table,
including, at a minimum, language that notifies users that:
new text end

new text begin (1) the list of collateral sanctions laws is intended to be comprehensive but is not
necessarily complete;
new text end

new text begin (2) the inclusion or exclusion of a collateral sanction is not intended to have any
substantive legal effect; and
new text end

new text begin (3) users must consult the language of each cross-referenced law to fully understand
the scope and effect of the collateral sanction it imposes.
new text end

new text begin (c) The revisor shall consult with legislative staff and the chairs of the senate and
house committees having jurisdiction over criminal justice to identify laws that impose
collateral sanctions on a juvenile who has been adjudicated delinquent.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end