Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 25--H.F.No. 79
           An act relating to juveniles; requiring orders of 
          reference for prosecution for juveniles who have been 
          previously referred; amending Minnesota Statutes 1982, 
          section 260.125, subdivision 2, and by adding a 
          subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 260.125, 
subdivision 2, is amended to read: 
    Subd. 2.  [ORDER OF REFERENCE; REQUIREMENTS.] Except as 
provided in subdivision 3a the juvenile court may order a 
reference only if:  
    (a) A petition has been filed in accordance with the 
provisions of section 260.131;  
    (b) Notice has been given in accordance with the provisions 
of sections 260.135 and 260.141;  
    (c) A hearing has been held in accordance with the 
provisions of section 260.155 within 30 days of the filing of 
the reference motion, unless good cause is shown by the 
prosecution or the child as to why the hearing should not be 
held within this period; and 
    (d) The court finds that 
    (1) there is probable cause, as defined by the rules of 
criminal procedure promulgated pursuant to section 480.059, to 
believe the child committed the offense alleged by delinquency 
petition and 
    (2) the prosecuting authority has demonstrated by clear and 
convincing evidence that the child is not suitable to treatment 
or that the public safety is not served under the provisions of 
laws relating to juvenile courts. 
    Sec. 2.  Minnesota Statutes 1982, section 260.125, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [PRIOR REFERENCE; EXCEPTION.] Notwithstanding 
the provisions of subdivisions 2 and 3, the court shall order a 
reference in any case where the prosecutor shows that the child 
has been previously referred for prosecution on a felony charge 
by an order of reference issued pursuant to either a hearing 
held under subdivision 2 or pursuant to the waiver of the right 
to such a hearing, other than a prior reference in the same case.
    This subdivision only applies if the child is convicted of 
the offense or offenses for which he was prosecuted pursuant to 
the order of reference or of a lesser included offense which is 
a felony.  
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective August 1, 1983, and apply to 
adult reference motions filed on or after that date.  Orders for 
reference issued prior to the effective date shall be considered 
in the enforcement of this act. 
    Approved April 13, 1983