Bill Text: MN HF306 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Emily's Law established, adult certification and extended jurisdiction juvenile prosecution age lowered for juveniles, and violent juvenile offense defined.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Introduced - Dead) 2011-05-02 - Motion to return bill to author, motion prevailed [HF306 Detail]
Download: Minnesota-2011-HF306-Introduced.html
1.2relating to public safety; establishing Emily's law; lowering the age of adult
1.3certification and extended jurisdiction juvenile prosecution for juveniles;
1.4defining a violent juvenile offense;amending Minnesota Statutes 2010, sections
1.5260B.007, by adding a subdivision; 260B.125, subdivision 1; 260B.130,
1.6subdivision 1; 260B.141, subdivision 4; 260B.198, subdivision 6; 609.055.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 260B.007, is amended by adding a
1.9subdivision to read:
1.10 Subd. 21. Violent juvenile offense. "Violent juvenile offense" means any of the
1.11following offenses that would be a felony if committed by an adult: sections 609.185
1.12(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in
1.13the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
1.14the second degree); 609.221 (assault in the first degree); 609.222 (assault in the second
1.15degree); 609.223 (assault in the third degree); 609.245 (aggravated robbery); 609.25
1.16(kidnapping); 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h) (criminal sexual
1.17conduct in the first degree; involving injury, force, or weapons); 609.343, subdivision 1,
1.18paragraph (c), (d), (e), (f), or (h) (criminal sexual conduct in the second degree; involving
1.19injury, force, or weapons); 609.344, subdivision 1, paragraph (c) or (g) (criminal sexual
1.20conduct in the third degree; involving force or injury); 609.345, subdivision 1, paragraph
1.21(c) or (g) (criminal sexual conduct in the fourth degree; involving force or injury); and
1.22609.377 (malicious punishment of a child).
1.23EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
1.24offenses committed on or after that date.
2.1 Sec. 2. Minnesota Statutes 2010, section 260B.125, subdivision 1, is amended to read:
2.2 Subdivision 1. Order. When a child is alleged to have committed a violent juvenile
2.3offense or, after becoming 14 years of age, an offense that would be a felony if committed
2.4by an adult, the juvenile court may enter an order certifying the proceeding for action
2.5under the laws and court procedures controlling adult criminal violations.
2.6EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
2.7offenses committed on or after that date.
2.8 Sec. 3. Minnesota Statutes 2010, section 260B.130, subdivision 1, is amended to read:
2.9 Subdivision 1. Designation. A proceeding involving a child alleged to have
2.10committed a felony offense is an extended jurisdiction juvenile prosecution if:
2.11(1) the child was 14 to 17 years old at the time of the alleged offense, a certification
2.12hearing was held, and the court designated the proceeding an extended jurisdiction
2.13juvenile prosecution;
2.14(2) the child was 16 or 17 years old at the time of the alleged offense; the child is
2.15alleged to have committed an offense for which the Sentencing Guidelines and applicable
2.16statutes presume a commitment to prison or to have committed any felony in which the
2.17child allegedly used a firearm; and the prosecutor designated in the delinquency petition
2.18that the proceeding is an extended jurisdiction juvenile prosecution;or
2.19(3) the child was 14 to 17 years old at the time of the alleged offense, the prosecutor
2.20requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
2.21a hearing was held on the issue of designation, and the court designated the proceeding an
2.22extended jurisdiction juvenile prosecution;
2.23(4) the alleged offense is a violent juvenile offense, a certification hearing was held,
2.24and the court designated the proceeding an extended jurisdiction juvenile prosecution; or
2.25(5) the alleged offense is a violent juvenile offense, the prosecutor requested that the
2.26proceeding be designated an extended jurisdiction juvenile prosecution, a hearing was
2.27held on the issue of designation, and the court designated the proceeding an extended
2.28jurisdiction juvenile prosecution.
2.29EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
2.30offenses committed on or after that date.
2.31 Sec. 4. Minnesota Statutes 2010, section 260B.141, subdivision 4, is amended to read:
2.32 Subd. 4. Delinquency petition; extended jurisdiction juvenile. When a prosecutor
2.33files a delinquency petition alleging that a child committed a felony offense for which
3.1there is a presumptive commitment to prison according to the Sentencing Guidelines
3.2and applicable statutes or in which the child used a firearm, after reaching the age of
3.316 years, the prosecutor shall indicate in the petition whether the prosecutor designates
3.4the proceeding an extended jurisdiction juvenile prosecution. When a prosecutor files a
3.5delinquency petition alleging that a child committed a violent juvenile offense or a child
3.6aged 14 to 17 years committed a felony offense, the prosecutor may request that the court
3.7designate the proceeding an extended jurisdiction juvenile prosecution.
3.8EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
3.9offenses committed on or after that date.
3.10 Sec. 5. Minnesota Statutes 2010, section 260B.198, subdivision 6, is amended to read:
3.11 Subd. 6. Expungement. Except when legal custody is transferred under the
3.12provisions of subdivision 1, clause (4), or a child is adjudicated delinquent for committing
3.13a violent juvenile offense, the court may expunge the adjudication of delinquency at
3.14any time that it deems advisable.
3.15EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
3.16offenses committed on or after that date.
3.17 Sec. 6. Minnesota Statutes 2010, section 609.055, is amended to read:
3.18609.055 CAPABILITY OF CHILDREN TO COMMIT CRIME.
3.19 Subdivision 1. General rule. Children under the age of14 ten years are incapable
3.20of committing crime.
3.21 Subd. 2. Adult prosecution. (a) Except as otherwise provided inparagraph
3.22paragraphs (b), and (c):
3.23(1) children of the age of 14 years or over but under 18 years may be prosecuted for
3.24a felony offense if the alleged violation is duly certified for prosecution under the laws and
3.25court procedures controlling adult criminal violations or may be designated an extended
3.26jurisdiction juvenile in accordance with the provisions of chapter 260B; and
3.27(2) children of the age of ten years or over but under 18 years may be prosecuted for
3.28a violent juvenile offense, as defined in section 260B.007, subdivision 21, if the alleged
3.29violation is duly certified for prosecution under the laws and court procedures controlling
3.30adult criminal violations or may be designated an extended jurisdiction juvenile in
3.31accordance with chapter 260B.
3.32(b) A child who is 16 years of age or older but under 18 years of age is capable of
3.33committing a crime and may be prosecuted for a felony if:
4.1(1) the child has been previously certified on a felony charge pursuant to a hearing
4.2under section260B.125, subdivision 2 , or pursuant to the waiver of the right to such a
4.3hearing, or prosecuted pursuant to this subdivision; and
4.4(2) the child was convicted of the felony offense or offenses for which the child was
4.5prosecuted or of a lesser included felony offense.
4.6(b) (c) A child who is alleged to have committed murder in the first degree after
4.7becoming 16 years of age is capable of committing a crime and may be prosecuted for
4.8the felony. This paragraph does not apply to a child alleged to have committed attempted
4.9murder in the first degree after becoming 16 years of age.
4.10EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
4.11offenses committed on or after that date.
1.3certification and extended jurisdiction juvenile prosecution for juveniles;
1.4defining a violent juvenile offense;amending Minnesota Statutes 2010, sections
1.5260B.007, by adding a subdivision; 260B.125, subdivision 1; 260B.130,
1.6subdivision 1; 260B.141, subdivision 4; 260B.198, subdivision 6; 609.055.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 260B.007, is amended by adding a
1.9subdivision to read:
1.10 Subd. 21. Violent juvenile offense. "Violent juvenile offense" means any of the
1.11following offenses that would be a felony if committed by an adult: sections 609.185
1.12(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in
1.13the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
1.14the second degree); 609.221 (assault in the first degree); 609.222 (assault in the second
1.15degree); 609.223 (assault in the third degree); 609.245 (aggravated robbery); 609.25
1.16(kidnapping); 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h) (criminal sexual
1.17conduct in the first degree; involving injury, force, or weapons); 609.343, subdivision 1,
1.18paragraph (c), (d), (e), (f), or (h) (criminal sexual conduct in the second degree; involving
1.19injury, force, or weapons); 609.344, subdivision 1, paragraph (c) or (g) (criminal sexual
1.20conduct in the third degree; involving force or injury); 609.345, subdivision 1, paragraph
1.21(c) or (g) (criminal sexual conduct in the fourth degree; involving force or injury); and
1.22609.377 (malicious punishment of a child).
1.23EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
1.24offenses committed on or after that date.
2.1 Sec. 2. Minnesota Statutes 2010, section 260B.125, subdivision 1, is amended to read:
2.2 Subdivision 1. Order. When a child is alleged to have committed a violent juvenile
2.3offense or, after becoming 14 years of age, an offense that would be a felony if committed
2.4by an adult, the juvenile court may enter an order certifying the proceeding for action
2.5under the laws and court procedures controlling adult criminal violations.
2.6EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
2.7offenses committed on or after that date.
2.8 Sec. 3. Minnesota Statutes 2010, section 260B.130, subdivision 1, is amended to read:
2.9 Subdivision 1. Designation. A proceeding involving a child alleged to have
2.10committed a felony offense is an extended jurisdiction juvenile prosecution if:
2.11(1) the child was 14 to 17 years old at the time of the alleged offense, a certification
2.12hearing was held, and the court designated the proceeding an extended jurisdiction
2.13juvenile prosecution;
2.14(2) the child was 16 or 17 years old at the time of the alleged offense; the child is
2.15alleged to have committed an offense for which the Sentencing Guidelines and applicable
2.16statutes presume a commitment to prison or to have committed any felony in which the
2.17child allegedly used a firearm; and the prosecutor designated in the delinquency petition
2.18that the proceeding is an extended jurisdiction juvenile prosecution;
2.19(3) the child was 14 to 17 years old at the time of the alleged offense, the prosecutor
2.20requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
2.21a hearing was held on the issue of designation, and the court designated the proceeding an
2.22extended jurisdiction juvenile prosecution;
2.23(4) the alleged offense is a violent juvenile offense, a certification hearing was held,
2.24and the court designated the proceeding an extended jurisdiction juvenile prosecution; or
2.25(5) the alleged offense is a violent juvenile offense, the prosecutor requested that the
2.26proceeding be designated an extended jurisdiction juvenile prosecution, a hearing was
2.27held on the issue of designation, and the court designated the proceeding an extended
2.28jurisdiction juvenile prosecution.
2.29EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
2.30offenses committed on or after that date.
2.31 Sec. 4. Minnesota Statutes 2010, section 260B.141, subdivision 4, is amended to read:
2.32 Subd. 4. Delinquency petition; extended jurisdiction juvenile. When a prosecutor
2.33files a delinquency petition alleging that a child committed a felony offense for which
3.1there is a presumptive commitment to prison according to the Sentencing Guidelines
3.2and applicable statutes or in which the child used a firearm, after reaching the age of
3.316 years, the prosecutor shall indicate in the petition whether the prosecutor designates
3.4the proceeding an extended jurisdiction juvenile prosecution. When a prosecutor files a
3.5delinquency petition alleging that a child committed a violent juvenile offense or a child
3.6aged 14 to 17 years committed a felony offense, the prosecutor may request that the court
3.7designate the proceeding an extended jurisdiction juvenile prosecution.
3.8EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
3.9offenses committed on or after that date.
3.10 Sec. 5. Minnesota Statutes 2010, section 260B.198, subdivision 6, is amended to read:
3.11 Subd. 6. Expungement. Except when legal custody is transferred under the
3.12provisions of subdivision 1, clause (4), or a child is adjudicated delinquent for committing
3.13a violent juvenile offense, the court may expunge the adjudication of delinquency at
3.14any time that it deems advisable.
3.15EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
3.16offenses committed on or after that date.
3.17 Sec. 6. Minnesota Statutes 2010, section 609.055, is amended to read:
3.18609.055 CAPABILITY OF CHILDREN TO COMMIT CRIME.
3.19 Subdivision 1. General rule. Children under the age of
3.20of committing crime.
3.21 Subd. 2. Adult prosecution. (a) Except as otherwise provided in
3.22paragraphs (b)
3.23(1) children of the age of 14 years or over but under 18 years may be prosecuted for
3.24a felony offense if the alleged violation is duly certified for prosecution under the laws and
3.25court procedures controlling adult criminal violations or may be designated an extended
3.26jurisdiction juvenile in accordance with the provisions of chapter 260B; and
3.27(2) children of the age of ten years or over but under 18 years may be prosecuted for
3.28a violent juvenile offense, as defined in section 260B.007, subdivision 21, if the alleged
3.29violation is duly certified for prosecution under the laws and court procedures controlling
3.30adult criminal violations or may be designated an extended jurisdiction juvenile in
3.31accordance with chapter 260B.
3.32(b) A child who is 16 years of age or older but under 18 years of age is capable of
3.33committing a crime and may be prosecuted for a felony if:
4.1(1) the child has been previously certified on a felony charge pursuant to a hearing
4.2under section
4.3hearing, or prosecuted pursuant to this subdivision; and
4.4(2) the child was convicted of the felony offense or offenses for which the child was
4.5prosecuted or of a lesser included felony offense.
4.6
4.7becoming 16 years of age is capable of committing a crime and may be prosecuted for
4.8the felony. This paragraph does not apply to a child alleged to have committed attempted
4.9murder in the first degree after becoming 16 years of age.
4.10EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
4.11offenses committed on or after that date.
