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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 164-S.F.No. 1180 
                  An act relating to juveniles; extending juvenile court 
                  jurisdiction over children who are habitual truants; 
                  amending Minnesota Statutes 1998, section 260.181, 
                  subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 260.181, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TERMINATION OF JURISDICTION.] (a) The court may 
        dismiss the petition or otherwise terminate its jurisdiction on 
        its own motion or on the motion or petition of any interested 
        party at any time.  Unless terminated by the court, and except 
        as otherwise provided in this subdivision, the jurisdiction of 
        the court shall continue until the individual becomes 19 years 
        of age if the court determines it is in the best interest of the 
        individual to do so.  Court jurisdiction under section 260.015, 
        subdivision 2a, clause (12) (14), may not continue past the 
        child's 17th 18th birthday.  
           (b) The jurisdiction of the court over an extended 
        jurisdiction juvenile, with respect to the offense for which the 
        individual was convicted as an extended jurisdiction juvenile, 
        extends until the offender becomes 21 years of age, unless the 
        court terminates jurisdiction before that date.  
           (c) The juvenile court has jurisdiction to designate the 
        proceeding an extended jurisdiction juvenile prosecution, to 
        hold a certification hearing, or to conduct a trial, receive a 
        plea, or impose a disposition under section 260.126, subdivision 
        4, if: 
           (1) an adult is alleged to have committed an offense before 
        the adult's 18th birthday; and 
           (2) a petition is filed under section 260.131 before 
        expiration of the time for filing under section 628.26 and 
        before the adult's 21st birthday. 
        The juvenile court lacks jurisdiction under this paragraph if 
        the adult demonstrates that the delay was purposefully caused by 
        the state in order to gain an unfair advantage. 
           (d) The district court has original and exclusive 
        jurisdiction over a proceeding: 
           (1) that involves an adult who is alleged to have committed 
        an offense before the adult's 18th birthday; and 
           (2) in which a criminal complaint is filed before 
        expiration of the time for filing under section 628.26 and after 
        the adult's 21st birthday. 
           The juvenile court retains jurisdiction if the adult 
        demonstrates that the delay in filing a criminal complaint was 
        purposefully caused by the state in order to gain an unfair 
        advantage. 
           (e) The juvenile court has jurisdiction over a person who 
        has been adjudicated delinquent until the person's 21st birthday 
        if the person fails to appear at any juvenile court hearing or 
        fails to appear at or absconds from any placement under a 
        juvenile court order.  The juvenile court has jurisdiction over 
        a convicted extended jurisdiction juvenile who fails to appear 
        at any juvenile court hearing or fails to appear at or absconds 
        from any placement under section 260.126, subdivision 4.  The 
        juvenile court lacks jurisdiction under this paragraph if the 
        adult demonstrates that the delay was purposefully caused by the 
        state in order to gain an unfair advantage. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Presented to the governor May 11, 1999 
           Signed by the governor May 13, 1999, 1:34 p.m.