Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 314-S.F.No. 2580
An act relating to crimes; providing that certain
license revocation hearings do not give rise to an
estoppel on any issues in criminal prosecutions;
providing for jurisdiction over persons found to have
caused a delinquent act or charged by a juvenile
petition; making it child endangerment to permit a
child to be present when a person possesses certain
chemical substances used to manufacture controlled
substances; prescribing penalties for persons who
escape from electronic monitoring; excluding habitual
truant from the definition of juvenile petty offender;
providing that there is no right for appointment of
counsel at public expense for habitual truant cases;
amending Minnesota Statutes 2000, sections 169A.53,
subdivision 3; 260B.193, subdivision 5; 260C.163,
subdivision 3, as amended; 609.378, subdivision 1;
609.485, subdivisions 3, 4; 634.20; Minnesota Statutes
2001 Supplement, sections 260B.007, subdivision 16, as
amended; 260C.141, subdivision 3, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 169A.53,
subdivision 3, is amended to read:
Subd. 3. [HEARING; ISSUES; ORDER; APPEAL.] (a) A judicial
review hearing under this section must be before a district
judge in any county in the judicial district where the alleged
offense occurred. The hearing is to the court and may be
conducted at the same time and in the same manner as hearings
upon pretrial motions in the criminal prosecution under section
169A.20 (driving while impaired), if any. The hearing must be
recorded. The commissioner shall appear and be represented by
the attorney general or through the prosecuting authority for
the jurisdiction involved. The hearing must be held at the
earliest practicable date, and in any event no later than 60
days following the filing of the petition for review. The
judicial district administrator shall establish procedures to
ensure efficient compliance with this subdivision. To
accomplish this, the administrator may, whenever possible,
consolidate and transfer review hearings among the locations
within the judicial district where terms of district court are
held.
(b) The scope of the hearing is limited to the issues in
clauses (1) to (10):
(1) Did the peace officer have probable cause to believe
the person was driving, operating, or in physical control of a
motor vehicle or commercial motor vehicle in violation of
section 169A.20 (driving while impaired)?
(2) Was the person lawfully placed under arrest for
violation of section 169A.20?
(3) Was the person involved in a motor vehicle accident or
collision resulting in property damage, personal injury, or
death?
(4) Did the person refuse to take a screening test provided
for by section 169A.41 (preliminary screening test)?
(5) If the screening test was administered, did the test
indicate an alcohol concentration of 0.10 or more?
(6) At the time of the request for the test, did the peace
officer inform the person of the person's rights and the
consequences of taking or refusing the test as required by
section 169A.51, subdivision 2?
(7) Did the person refuse to permit the test?
(8) If a test was taken by a person driving, operating, or
in physical control of a motor vehicle, did the test results
indicate at the time of testing:
(i) an alcohol concentration of 0.10 or more; or
(ii) the presence of a controlled substance listed in
schedule I or II, other than marijuana or tetrahydrocannabinols?
(9) If a test was taken by a person driving, operating, or
in physical control of a commercial motor vehicle, did the test
results indicate an alcohol concentration of 0.04 or more at the
time of testing?
(10) Was the testing method used valid and reliable and
were the test results accurately evaluated?
(c) It is an affirmative defense for the petitioner to
prove that, at the time of the refusal, the petitioner's refusal
to permit the test was based upon reasonable grounds.
(d) Certified or otherwise authenticated copies of
laboratory or medical personnel reports, records, documents,
licenses, and certificates are admissible as substantive
evidence.
(e) The court shall order that the revocation or
disqualification be either rescinded or sustained and forward
the order to the commissioner. The court shall file its order
within 14 days following the hearing. If the revocation or
disqualification is sustained, the court shall also forward the
person's driver's license or permit to the commissioner for
further action by the commissioner if the license or permit is
not already in the commissioner's possession.
(f) Any party aggrieved by the decision of the reviewing
court may appeal the decision as provided in the rules of
appellate procedure.
(g) The civil hearing under this section shall not give
rise to an estoppel on any issues arising from the same set of
circumstances in any criminal prosecution.
Sec. 2. Minnesota Statutes 2001 Supplement, section
260B.007, subdivision 16, as amended by Laws 2002, chapter 220,
article 6, section 10, 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. "Juvenile petty offense" also includes a habitual
truant, as defined in section 260C.007, subdivision 19, unless a
petition brought under chapter 260C states that an out-of-home
placement is sought for the child.
(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. 3. Minnesota Statutes 2001 Supplement, section
260C.141, subdivision 3, as amended by Laws 2002, chapter 220,
article 6, section 11, is amended to read:
Subd. 3. [CHILD IN NEED OF PROTECTION OR SERVICES;
HABITUAL TRUANT.] (a) If there is a school attendance review
board or county attorney mediation program operating in the
child's school district, a petition alleging that a child is in
need of protection or services as a habitual truant under
section 260C.007, subdivision 6, clause (14), may not be filed
until the applicable procedures under section 260A.06 or 260A.07
have been followed.
(b) A petition alleging that a child is in need of
protection or services as a habitual truant under section
260C.007, subdivision 6, clause (14), must give notice that the
petitioner is seeking an out-of-home placement of the child. If
the petition does not state that an out-of-home placement is
sought for the child, the matter must proceed as a juvenile
petty offense action under chapter 260B.
Sec. 4. Minnesota Statutes 2000, section 260C.163,
subdivision 3, as amended by Laws 2002, chapter 220, article 6,
section 12, is amended to read:
Subd. 3. [APPOINTMENT OF COUNSEL.] (a) The child, parent,
guardian or custodian has the right to effective assistance of
counsel in connection with a proceeding in juvenile court.
(b) Except in proceedings where the sole basis for the
petition is habitual truancy, if they the child, parent,
guardian, or custodian desires counsel but is unable to employ
it, the court shall appoint counsel to represent the child who
is ten years of age or older or the parents or guardian in any
case in which it feels that such an appointment is appropriate.
(c) In any proceeding where the sole basis for the petition
is habitual truancy, the child, parent, guardian, and custodian
do not have the right to appointment of a public defender or
other counsel at public expense. However, before any
out-of-home placement, including foster care or inpatient
treatment, can be ordered, the court must appoint a public
defender or other counsel at public expense in accordance with
paragraph (b).
(d) Counsel for the child shall not also act as the child's
guardian ad litem.
(d) (e) In any proceeding where the subject of a petition
for a child in need of protection or services is not represented
by an attorney, the court shall determine the child's
preferences regarding the proceedings, if the child is of
suitable age to express a preference.
(e) A child, parent, guardian, or custodian is not entitled
to counsel at public expense in a case involving a child alleged
to be in need of protection or services as a habitual truant
under section 260C.007, subdivision 6, clause (14), unless the
petition states that an out-of-home placement is sought for the
child.
Sec. 5. Minnesota Statutes 2000, section 260B.193,
subdivision 5, is amended to read:
Subd. 5. [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.
(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 260B.130,
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 260B.141 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, has been found to have
committed a delinquent act, or has been charged by juvenile
petition 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 260B.130, 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. 6. Minnesota Statutes 2000, section 609.378,
subdivision 1, is amended to read:
Subdivision 1. [PERSONS GUILTY OF NEGLECT OR
ENDANGERMENT.] (a) [NEGLECT.] (1) A parent, legal guardian, or
caretaker who willfully deprives a child of necessary food,
clothing, shelter, health care, or supervision appropriate to
the child's age, when the parent, guardian, or caretaker is
reasonably able to make the necessary provisions and the
deprivation harms or is likely to substantially harm the child's
physical, mental, or emotional health is guilty of neglect of a
child and may be sentenced to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both.
If the deprivation results in substantial harm to the child's
physical, mental, or emotional health, the person may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both. If a
parent, guardian, or caretaker responsible for the child's care
in good faith selects and depends upon spiritual means or prayer
for treatment or care of disease or remedial care of the child,
this treatment or care is "health care," for purposes of this
clause.
(2) A parent, legal guardian, or caretaker who knowingly
permits the continuing physical or sexual abuse of a child is
guilty of neglect of a child and may be sentenced to
imprisonment for not more than one year or to payment of a fine
of not more than $3,000, or both.
(b) [ENDANGERMENT.] A parent, legal guardian, or caretaker
who endangers the child's person or health by:
(1) intentionally or recklessly causing or permitting a
child to be placed in a situation likely to substantially harm
the child's physical, mental, or emotional health or cause the
child's death; or
(2) knowingly causing or permitting the child to be present
where any person is selling, manufacturing, possessing immediate
precursors or chemical substances with intent to manufacture, or
possessing a controlled substance, as defined in section 152.01,
subdivision 4, in violation of section 152.021, 152.022,
152.023, or 152.024; is guilty of child endangerment and may be
sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.
If the endangerment results in substantial harm to the
child's physical, mental, or emotional health, the person may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.
This paragraph does not prevent a parent, legal guardian,
or caretaker from causing or permitting a child to engage in
activities that are appropriate to the child's age, stage of
development, and experience, or from selecting health care as
defined in subdivision 1, paragraph (a).
(c) [ENDANGERMENT BY FIREARM ACCESS.] A person who
intentionally or recklessly causes a child under 14 years of age
to be placed in a situation likely to substantially harm the
child's physical health or cause the child's death as a result
of the child's access to a loaded firearm is guilty of child
endangerment and may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000,
or both.
If the endangerment results in substantial harm to the
child's physical health, the person may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
Sec. 7. Minnesota Statutes 2000, section 609.485,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.] This section does not apply to a
person who is free on bail or who is on parole or probation, or
subject to a stayed sentence or stayed execution of sentence,
unless the person (1) has been taken into actual custody upon
revocation of the parole, probation, or stay of the sentence or
execution of sentence, or (2) is in custody in a county jail or
workhouse as a condition of a stayed sentence, or (3) is subject
to electronic monitoring as a condition of parole, probation, or
supervised release.
Sec. 8. Minnesota Statutes 2000, section 609.485,
subdivision 4, is amended to read:
Subd. 4. [SENTENCE.] (a) Except as otherwise provided in
subdivision 3a, whoever violates this section may be sentenced
as follows:
(1) if the person who escapes is in lawful custody for a
felony, to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both;
(2) if the person who escapes is in lawful custody after a
finding of not guilty by reason of mental illness or mental
deficiency of a crime against the person, as defined in section
253B.02, subdivision 4a, or pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section
526.10, to imprisonment for not more than one year and one day
or to payment of a fine of not more than $3,000, or both; or
(3) if the person who escapes is in lawful custody for a
gross misdemeanor or misdemeanor, or if the person who escapes
is in lawful custody on an allegation or adjudication of a
delinquent act, to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.
(b) If the escape was a violation of subdivision 2, clause
(1), (2), or (3), and was effected by violence or threat of
violence against a person, the sentence may be increased to not
more than twice those permitted in paragraph (a), clauses (1)
and (3).
(c) Unless a concurrent term is specified by the court, a
sentence under this section shall be consecutive to any sentence
previously imposed or which may be imposed for any crime or
offense for which the person was in custody when the person
escaped.
(d) Notwithstanding paragraph (c), if a person who was
committed to the commissioner of corrections under section
260B.198 escapes from the custody of the commissioner while 18
years of age, the person's sentence under this section shall
commence on the person's 19th birthday or on the person's date
of discharge by the commissioner of corrections, whichever
occurs first. However, if the person described in this clause
is convicted under this section after becoming 19 years old and
after having been discharged by the commissioner, the person's
sentence shall commence upon imposition by the sentencing court.
(e) Notwithstanding paragraph (c), if a person who is in
lawful custody on an allegation or adjudication of a delinquent
act while 18 years of age escapes from a local juvenile
correctional facility, the person's sentence under this section
begins on the person's 19th birthday or on the person's date of
discharge from the jurisdiction of the juvenile court, whichever
occurs first. However, if the person described in this
paragraph is convicted after becoming 19 years old and after
discharge from the jurisdiction of the juvenile court, the
person's sentence begins upon imposition by the sentencing court.
(f) Notwithstanding paragraph (a), any person who escapes
or absconds from electronic monitoring or removes an electric
monitoring device from the person's body is guilty of a crime
and shall be sentenced to imprisonment for not more than one
year or to a payment of a fine of not more than $3,000, or
both. A person in lawful custody for a violation of sections
609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221,
609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345,
or 609.3451 who escapes or absconds from electronic monitoring
or removes an electronic monitoring device while under sentence
may be sentenced to imprisonment for not more than five years or
to a payment of a fine of not more than $10,000, or both.
Sec. 9. Minnesota Statutes 2000, section 634.20, is
amended to read:
634.20 [EVIDENCE OF PRIOR CONDUCT.]
Evidence of similar prior conduct by the accused against
the victim of domestic abuse, or against other family or
household members, is admissible unless the probative value is
substantially outweighed by the danger of unfair prejudice,
confusion of the issue, or misleading the jury, or by
considerations of undue delay, waste of time, or needless
presentation of cumulative evidence. "Similar prior conduct"
includes, but is not limited to, evidence of domestic abuse,
violation of an order for protection under section 518B.01;
violation of a harassment restraining order under section
609.748; or violation of section 609.749 or 609.79, subdivision
1. "Domestic abuse" and "family or household members" have the
meanings given under section 518B.01, subdivision 2.
Sec. 10. [EFFECTIVE DATE.]
Sections 1 and 5 to 8 are effective August 1, 2002, and
apply to crimes committed on or after that date. Sections 2 to
4 are effective July 1, 2002, except that the amendments to
section 260C.163, subdivision 3, paragraphs (b) and (c) are not
effective in the fourth judicial district until July 1, 2003.
Presented to the governor April 3, 2002
Signed by the governor April 4, 2002, 12:57 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes