Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 157-S.F.No. 172 
                  An act relating to crime prevention; limiting the 
                  number of offenses that are juvenile petty offenses; 
                  modifying juvenile petty offense dispositions; 
                  amending Minnesota Statutes 2000, sections 260B.007, 
                  subdivision 16; 260B.235, subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 260B.007, 
        subdivision 16, is amended to read: 
           Subd. 16.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
        OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
        alcohol offense, a juvenile controlled substance offense, a 
        violation of section 609.685, or a violation of a local 
        ordinance, which by its terms prohibits conduct by a child under 
        the age of 18 years which would be lawful conduct if committed 
        by an adult.  
           (b) Except as otherwise provided in paragraph (c), 
        "juvenile petty offense" also includes an offense that would be 
        a misdemeanor if committed by an adult.  
           (c) "Juvenile petty offense" does not include any of the 
        following: 
           (1) a misdemeanor-level violation of section 518B.01, 
        588.20, 609.224, 609.2242, 609.324, 609.563, 609.576, 
        609.66, 609.746, 609.748, 609.79, or 617.23; 
           (2) a major traffic offense or an adult court traffic 
        offense, as described in section 260B.225; 
           (3) a misdemeanor-level offense committed by a child whom 
        the juvenile court previously has found to have committed a 
        misdemeanor, gross misdemeanor, or felony offense; or 
           (4) a misdemeanor-level offense committed by a child whom 
        the juvenile court has found to have committed a 
        misdemeanor-level juvenile petty offense on two or more prior 
        occasions, unless the county attorney designates the child on 
        the petition as a juvenile petty offender notwithstanding this 
        prior record.  As used in this clause, "misdemeanor-level 
        juvenile petty offense" includes a misdemeanor-level offense 
        that would have been a juvenile petty offense if it had been 
        committed on or after July 1, 1995.  
           (d) A child who commits a juvenile petty offense is a 
        "juvenile petty offender."  
           Sec. 2.  Minnesota Statutes 2000, section 260B.235, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DISPOSITIONS.] If the juvenile court finds that 
        a child is a petty offender, the court may: 
           (a) require the child to pay a fine of up to $100; 
           (b) require the child to participate in a community service 
        project; 
           (c) require the child to participate in a drug awareness 
        program; 
           (d) place the child on probation for up to six months; 
           (e) order the child to undergo a chemical dependency 
        evaluation and if warranted by this evaluation, order 
        participation by the child in an outpatient chemical dependency 
        treatment program; 
           (e) place the child on probation for up to six months or, 
        in the case of a juvenile alcohol or controlled substance 
        offense, following a determination by the court that the 
        juvenile is chemically dependent, the court may place the child 
        on probation for a time determined by the court; 
           (f) order the child to make restitution to the victim; or 
           (g) perform any other activities or participate in any 
        other outpatient treatment programs deemed appropriate by the 
        court. 
           In all cases where the juvenile court finds that a child 
        has purchased or attempted to purchase an alcoholic beverage in 
        violation of section 340A.503, if the child has a driver's 
        license or permit to drive, and if the child used a driver's 
        license, permit, Minnesota identification card, or any type of 
        false identification to purchase or attempt to purchase the 
        alcoholic beverage, the court shall forward its finding in the 
        case and the child's driver's license or permit to the 
        commissioner of public safety. Upon receipt, the commissioner 
        shall suspend the child's license or permit for a period of 90 
        days. 
           In all cases where the juvenile court finds that a child 
        has purchased or attempted to purchase tobacco in violation of 
        section 609.685, subdivision 3, if the child has a driver's 
        license or permit to drive, and if the child used a driver's 
        license, permit, Minnesota identification card, or any type of 
        false identification to purchase or attempt to purchase tobacco, 
        the court shall forward its finding in the case and the child's 
        driver's license or permit to the commissioner of public safety. 
        Upon receipt, the commissioner shall suspend the child's license 
        or permit for a period of 90 days. 
           None of the dispositional alternatives described in clauses 
        (a) to (f) shall be imposed by the court in a manner which would 
        cause an undue hardship upon the child. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective August 1, 2001, and apply to 
        offenses committed on or after that date. 
           Presented to the governor May 18, 2001 
           Signed by the governor May 22, 2001, 10:19 a.m.