1.1 	A bill for an act
1.2 	relating to public safety; suspending or revoking drivers' licenses of certain 
1.3 	juvenile controlled substance offenders; modifying definition of "juvenile petty 
1.4 	offense" to include possession of drug paraphernalia; making technical changes;
1.5 	amending Minnesota Statutes 2004, sections 171.172; 260B.007, by adding a 
1.6 	subdivision; 260B.198, subdivision 1; 260B.235, subdivisions 4, 5; Minnesota 
1.7 	Statutes 2005 Supplement, section 260B.007, subdivision 16; proposing coding 
1.8 	for new law in Minnesota Statutes, chapter 171.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 171.172, is amended to read:
1.11 	171.172 REVOCATION; CONTROLLED SUBSTANCE OFFENSE.
1.12 	The commissioner of public safety shall revoke the license of any person convicted 
1.13 	of or any juvenile adjudicated for a controlled substance offense if the court has notified 
1.14 	the commissioner of a determination made under section  152.0271 or  260B.198, 
1.15 	subdivision 1. The period of revocation shall be for the applicable time period specified in 
1.16 	section  152.0271 or 260B.198, subdivision 1. If the person does not have a license or if the 
1.17 	person's license is suspended or revoked at the time of the conviction or adjudication, the 
1.18 	commissioner shall, upon the person's application for license issuance or reinstatement, 
1.19 	delay the issuance or reinstatement of the person's license for the applicable time period 
1.20 	specified in section  152.0271 or 260B.198, subdivision 1. 

1.21 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to acts 
1.22 	committed on or after that date.

1.23 	Sec. 2. [171.1725] SUSPENSION; CERTAIN JUVENILE CONTROLLED 
1.24 	SUBSTANCE OFFENSES.
2.1 	Pursuant to section 260B.235, subdivision 4, the commissioner shall suspend for a 
2.2 	period of 180 days the license of a juvenile who has violated section 152.027, subdivision 
2.3 	3 or 4; 152.092; or 152.093. If the juvenile does not have a license or if the juvenile's 
2.4 	license is suspended or revoked, the commissioner, upon the juvenile's application for 
2.5 	license issuance or reinstatement, shall delay the issuance or reinstatement for 180 days.

2.6 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to acts 
2.7 	committed on or after that date.

2.8 	Sec. 3. Minnesota Statutes 2005 Supplement, section 260B.007, subdivision 16, 
2.9 	is amended to read:
2.10 		Subd. 16.Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty 
2.11 	offense" includes a juvenile alcohol offense, a juvenile controlled substance offense, 
2.12 	a violation of section 609.685, or a violation of a local ordinance, which by its terms 
2.13 	prohibits conduct by a child under the age of 18 years which would be lawful conduct if 
2.14 	committed by an adult, or any other petty misdemeanor offense.
2.15 	(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also 
2.16 	includes an offense that would be a misdemeanor if committed by an adult.
2.17 	(c) "Juvenile petty offense" does not include any of the following:
2.18 	(1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242, 
2.19 	609.324, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or 617.23;
2.20 	(2) a major traffic offense or an adult court traffic offense, as described in section 
2.21 	260B.225;
2.22 	(3) a misdemeanor-level offense committed by a child whom the juvenile court 
2.23 	previously has found to have committed a misdemeanor, gross misdemeanor, or felony 
2.24 	offense; or
2.25 	(4) a misdemeanor-level offense committed by a child whom the juvenile court 
2.26 	has found to have committed a misdemeanor-level juvenile petty offense on two or 
2.27 	more prior occasions, unless the county attorney designates the child on the petition 
2.28 	as a juvenile petty offender notwithstanding this prior record. As used in this clause, 
2.29 	"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that 
2.30 	would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
2.31 	(d) A child who commits a juvenile petty offense is a "juvenile petty offender."

2.32 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to acts 
2.33 	committed on or after that date.

3.1 	Sec. 4. Minnesota Statutes 2004, section 260B.007, is amended by adding a 
3.2 	subdivision to read:
3.3 		Subd. 21.Driver's license. "Driver's license" has the meaning given "license" in 
3.4 	section 171.01, subdivision 37.

3.5 	Sec. 5. Minnesota Statutes 2004, section 260B.198, subdivision 1, is amended to read:
3.6 		Subdivision 1.Court order, findings, remedies, treatment. If the court finds that 
3.7 	the child is delinquent, it shall enter an order making any of the following dispositions of 
3.8 	the case which are deemed necessary to the rehabilitation of the child:
3.9 	(a) Counsel the child or the parents, guardian, or custodian;
3.10 	(b) Place the child under the supervision of a probation officer or other suitable 
3.11 	person in the child's own home under conditions prescribed by the court including 
3.12 	reasonable rules for the child's conduct and the conduct of the child's parents, guardian, or 
3.13 	custodian, designed for the physical, mental, and moral well-being and behavior of the 
3.14 	child, or with the consent of the commissioner of corrections, in a group foster care facility 
3.15 	which is under the management and supervision of said commissioner;
3.16 	(c) Subject to the supervision of the court, transfer legal custody of the child to 
3.17 	one of the following:
3.18 	(1) a child-placing agency; or
3.19 	(2) the local social services agency; or
3.20 	(3) a reputable individual of good moral character. No person may receive custody 
3.21 	of two or more unrelated children unless licensed as a residential facility pursuant to 
3.22 	sections  245A.01 to  245A.16; or 
3.23 	(4) a county home school, if the county maintains a home school or enters into an 
3.24 	agreement with a county home school; or
3.25 	(5) a county probation officer for placement in a group foster home established under 
3.26 	the direction of the juvenile court and licensed pursuant to section  241.021; 
3.27 	(d) Transfer legal custody by commitment to the commissioner of corrections;
3.28 	(e) If the child is found to have violated a state or local law or ordinance which has 
3.29 	resulted in damage to the person or property of another, the court may order the child to 
3.30 	make reasonable restitution for such damage;
3.31 	(f) Require the child to pay a fine of up to $1,000. The court shall order payment of 
3.32 	the fine in accordance with a time payment schedule which shall not impose an undue 
3.33 	financial hardship on the child;
3.34 	(g) If the child is in need of special treatment and care for reasons of physical or 
3.35 	mental health, the court may order the child's parent, guardian, or custodian to provide 
4.1 	it. If the parent, guardian, or custodian fails to provide this treatment or care, the court 
4.2 	may order it provided;
4.3 	(h) If the court believes that it is in the best interests of the child and of public 
4.4 	safety that the driver's license of the child be canceled until the child's 18th birthday, 
4.5 	the court may recommend to the commissioner of public safety the cancellation of the 
4.6 	child's license for any period up to the child's 18th birthday, and the commissioner is 
4.7 	hereby authorized to cancel such license without a hearing. At any time before the 
4.8 	termination of the period of cancellation, the court may, for good cause, recommend to 
4.9 	the commissioner of public safety that the child be authorized to apply for a new license, 
4.10 	and the commissioner may so authorize;
4.11 	(i) If the court believes that it is in the best interest of the child and of public safety 
4.12 	that the child is enrolled in school, the court may require the child to remain enrolled in a 
4.13 	public school until the child reaches the age of 18 or completes all requirements needed to 
4.14 	graduate from high school. Any child enrolled in a public school under this paragraph is 
4.15 	subject to the provisions of the Pupil Fair Dismissal Act in chapter 127;
4.16 	(j) If the child is petitioned and found by the court to have committed a controlled 
4.17 	substance offense under sections  152.021 to  152.027, the court shall determine whether the 
4.18 	child unlawfully possessed or sold the controlled substance while driving a motor vehicle. 
4.19 	If so, the court shall notify the commissioner of public safety of its determination this
4.20 	and order the commissioner to revoke the child's driver's license for the applicable time 
4.21 	period specified in section  152.0271 180 days. If the child does not have a driver's license 
4.22 	or if the child's driver's license is suspended or revoked at the time of the delinquency 
4.23 	finding, the commissioner shall, upon the child's application for driver's license issuance 
4.24 	or reinstatement, delay the issuance or reinstatement of the child's driver's license for the 
4.25 	applicable time period specified in section  152.0271 for 180 days. Upon receipt of the 
4.26 	court's order, the commissioner is authorized to take the licensing action without a hearing; 
4.27 	(k) If the child is petitioned and found by the court to have committed or attempted 
4.28 	to commit an act in violation of section  609.342;  609.343;  609.344;  609.345;  609.3451;  
4.29 	609.746, subdivision 1;  609.79; or  617.23, or another offense arising out of a delinquency 
4.30 	petition based on one or more of those sections, the court shall order an independent 
4.31 	professional assessment of the child's need for sex offender treatment. An assessor 
4.32 	providing an assessment for the court must be experienced in the evaluation and treatment 
4.33 	of juvenile sex offenders. If the assessment indicates that the child is in need of and 
4.34 	amenable to sex offender treatment, the court shall include in its disposition order a 
4.35 	requirement that the child undergo treatment. Notwithstanding section  13.384,  13.85,  
5.1 	144.335,  260B.171, or  626.556, the assessor has access to the following private or 
5.2 	confidential data on the child if access is relevant and necessary for the assessment: 
5.3 	(1) medical data under section  13.384; 
5.4 	(2) corrections and detention data under section  13.85; 
5.5 	(3) health records under section  144.335; 
5.6 	(4) juvenile court records under section  260B.171; and 
5.7 	(5) local welfare agency records under section  626.556. 
5.8 	Data disclosed under this paragraph may be used only for purposes of the assessment 
5.9 	and may not be further disclosed to any other person, except as authorized by law;
5.10 	(l) If the child is found delinquent due to the commission of an offense that would be 
5.11 	a felony if committed by an adult, the court shall make a specific finding on the record 
5.12 	regarding the juvenile's mental health and chemical dependency treatment needs;
5.13 	(m) Any order for a disposition authorized under this section shall contain written 
5.14 	findings of fact to support the disposition ordered and shall also set forth in writing the 
5.15 	following information:
5.16 	(1) why the best interests of the child are served by the disposition ordered; and
5.17 	(2) what alternative dispositions were considered by the court and why such 
5.18 	dispositions were not appropriate in the instant case.

5.19 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to acts 
5.20 	committed on or after that date.

5.21 	Sec. 6. Minnesota Statutes 2004, section 260B.235, subdivision 4, is amended to read:
5.22 		Subd. 4.Dispositions. If the juvenile court finds that a child is a petty offender, 
5.23 	the court may:
5.24 	(a) require the child to pay a fine of up to $100;
5.25 	(b) require the child to participate in a community service project;
5.26 	(c) require the child to participate in a drug awareness program;
5.27 	(d) order the child to undergo a chemical dependency evaluation and if warranted 
5.28 	by this evaluation, order participation by the child in an outpatient chemical dependency 
5.29 	treatment program;
5.30 	(e) place the child on probation for up to six months or, in the case of a juvenile 
5.31 	alcohol or controlled substance offense, following a determination by the court that the 
5.32 	juvenile is chemically dependent, the court may place the child on probation for a time 
5.33 	determined by the court;
5.34 	(f) order the child to make restitution to the victim; or
6.1 	(g) perform any other activities or participate in any other outpatient treatment 
6.2 	programs deemed appropriate by the court.
6.3 	In all cases where the juvenile court finds that a child has purchased or attempted to 
6.4 	purchase an alcoholic beverage in violation of section  340A.503, if the child has a driver's 
6.5 	license or permit to drive, and if the child used a driver's license, permit, a Minnesota 
6.6 	identification card, or any type of false identification to purchase or attempt to purchase the 
6.7 	alcoholic beverage, the court shall forward its finding in the case and the child's driver's 
6.8 	license or permit to the commissioner of public safety. Upon receipt, the commissioner 
6.9 	shall suspend the child's driver's license or permit for a period of 90 days. 
6.10 	In all cases where the juvenile court finds that a child has purchased or attempted to 
6.11 	purchase tobacco in violation of section  609.685, subdivision 3, if the child has a driver's 
6.12 	license or permit to drive, and if the child used a driver's license, permit, a Minnesota 
6.13 	identification card, or any type of false identification to purchase or attempt to purchase 
6.14 	tobacco, the court shall forward its finding in the case and the child's driver's license or 
6.15 	permit to the commissioner of public safety. Upon receipt, the commissioner shall suspend 
6.16 	the child's driver's license or permit for a period of 90 days. 
6.17 	In all cases where the juvenile court finds that a child has violated section 152.027, 
6.18 	subdivision 3 or 4; 152.092; or 152.093, if the child has a driver's license, the court shall 
6.19 	forward its finding in the case and the child's driver's license to the commissioner of 
6.20 	public safety. Upon receipt, the commissioner shall suspend the child's driver's license for 
6.21 	a period of 180 days. If the child does not have a driver's license or if the child's driver's 
6.22 	license is suspended or revoked, the court shall forward its finding and the commissioner, 
6.23 	upon the child's application for driver's license issuance or reinstatement, shall delay 
6.24 	the issuance or reinstatement for 180 days.
6.25 	None of the dispositional alternatives described in clauses (a) to (f) shall be imposed 
6.26 	by the court in a manner which would cause an undue hardship upon the child.

6.27 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to acts 
6.28 	committed on or after that date.

6.29 	Sec. 7. Minnesota Statutes 2004, section 260B.235, subdivision 5, is amended to read:
6.30 		Subd. 5.Enhanced dispositions. If the juvenile court finds that a child has 
6.31 	committed a second or subsequent juvenile alcohol or controlled substance offense, the 
6.32 	court may impose any of the dispositional alternatives described in paragraphs (a) to (c). 
6.33 	If the juvenile court finds that a child has committed a second or subsequent juvenile 
6.34 	tobacco offense, the court may impose any of the dispositional alternatives described 
6.35 	in paragraphs (a) to (c).
7.1 	(a) The court may impose any of the dispositional alternatives described in 
7.2 	subdivision 3, clauses (a) to (f).
7.3 	(b) If the adjudicated petty offender has a driver's license or permit, the court may 
7.4 	forward the license or permit to the commissioner of public safety. The commissioner 
7.5 	shall revoke the petty offender's driver's license or permit until the offender reaches the 
7.6 	age of 18 years or for a period of one year, whichever is longer.
7.7 	(c) If the adjudicated petty offender has a driver's license or permit, the court may 
7.8 	suspend the driver's license or permit for a period of up to 90 days but may allow the 
7.9 	offender driving privileges as necessary to travel to and from work.
7.10 	(d) If the adjudicated petty offender does not have a driver's license or permit, the 
7.11 	court may prepare an order of denial of driving privileges. The order must provide that the 
7.12 	petty offender will not be granted driving privileges until the offender reaches the age of 18 
7.13 	years or for a period of one year, whichever is longer. The court shall forward the order to 
7.14 	the commissioner of public safety. The commissioner shall deny the offender's eligibility 
7.15 	for a driver's license under section  171.04, for the period stated in the court order.