1.1 .................... moves to amend H. F. No. 584, the delete everything amendment
1.2(H0584DE5), as follows:
1.3Page 1, after line 4, insert:
1.4 "Sec. .... Minnesota Statutes 2006, section 260B.007, is amended by adding a
1.5subdivision to read:
1.6 Subd. 21. Violent juvenile offense. "Violent juvenile offense" means any of the
1.7following offenses that would be a felony if committed by an adult: sections 609.185
1.8(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in
1.9the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
1.10the second degree); 609.221 (assault in the first degree); 609.222 (assault in the second
1.11degree); 609.223 (assault in the third degree); 609.245 (aggravated robbery); 609.25
1.12(kidnapping); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal
1.13sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third
1.14degree); 609.345 (criminal sexual conduct in the fourth degree); and 609.377 (malicious
1.15punishment of a child).
1.16EFFECTIVE DATE.This section is effective August 1, 2007, and applies to
1.17offenses committed on or after that date.
1.18 Sec. .... Minnesota Statutes 2006, section 260B.125, subdivision 1, is amended to read:
1.19 Subdivision 1.
Order. When a child is alleged to have committed,
after becoming
1.2013 years of age, a violent juvenile offense as defined in section 260B.007, subdivision 21,
1.21or after becoming 14 years of age, an offense that would be a felony if committed by an
1.22adult, the juvenile court may enter an order certifying the proceeding for action under the
1.23laws and court procedures controlling adult criminal violations.
1.24EFFECTIVE DATE.This section is effective August 1, 2007, and applies to
1.25offenses committed on or after that date.
2.1 Sec. .... Minnesota Statutes 2006, section 260B.130, subdivision 1, is amended to read:
2.2 Subdivision 1.
Designation. A proceeding involving a child alleged to have
2.3committed a felony offense is an extended jurisdiction juvenile prosecution if:
2.4 (1) the child was
14 13 to 17 years old at the time of the alleged offense, a
2.5certification hearing was held, and the court designated the proceeding an extended
2.6jurisdiction juvenile prosecution;
2.7 (2) the child was 16 or 17 years old at the time of the alleged offense; the child is
2.8alleged to have committed an offense for which the Sentencing Guidelines and applicable
2.9statutes presume a commitment to prison or to have committed any felony in which the
2.10child allegedly used a firearm; and the prosecutor designated in the delinquency petition
2.11that the proceeding is an extended jurisdiction juvenile prosecution;
or
2.12 (3) the child was 14 to 17 years old at the time of the alleged offense, the prosecutor
2.13requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
2.14a hearing was held on the issue of designation, and the court designated the proceeding an
2.15extended jurisdiction juvenile prosecution
; or
2.16 (4) the child was 13 years old at the time of the alleged offense, the alleged offense
2.17is a violent juvenile offense as defined in section 260B.007, subdivision 21, the prosecutor
2.18requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
2.19a hearing was held on the issue of designation, and the court designated the proceeding an
2.20extended jurisdiction juvenile prosecution.
2.21EFFECTIVE DATE.This section is effective August 1, 2007, and applies to
2.22offenses committed on or after that date.
2.23 Sec. .... Minnesota Statutes 2006, section 260B.141, subdivision 4, is amended to read:
2.24 Subd. 4.
Delinquency petition; extended jurisdiction juvenile. When a prosecutor
2.25files a delinquency petition alleging that a child committed a felony offense for which
2.26there is a presumptive commitment to prison according to the Sentencing Guidelines
2.27and applicable statutes or in which the child used a firearm, after reaching the age of
2.2816 years, the prosecutor shall indicate in the petition whether the prosecutor designates
2.29the proceeding an extended jurisdiction juvenile prosecution. When a prosecutor files a
2.30delinquency petition alleging that
a child aged 13 years committed a violent juvenile
2.31offense as defined in section 260B.007, subdivision 21, or a child aged 14 to 17 years
2.32committed a felony offense, the prosecutor may request that the court designate the
2.33proceeding an extended jurisdiction juvenile prosecution.
2.34EFFECTIVE DATE.This section is effective August 1, 2007, and applies to
2.35offenses committed on or after that date.
3.1 Sec. .... Minnesota Statutes 2006, section 260B.198, subdivision 6, is amended to read:
3.2 Subd. 6.
Expungement. Except when legal custody is transferred under the
3.3provisions of subdivision 1, clause (d)
or a child is adjudicated delinquent for committing
3.4a violent juvenile offense as defined in section 260B.007, subdivision 21, the court may
3.5expunge the adjudication of delinquency at any time that it deems advisable.
3.6EFFECTIVE DATE.This section is effective August 1, 2007, and applies to
3.7offenses committed on or after that date."
3.8Page 3, after line 2, insert:
3.9 "Sec. .... Minnesota Statutes 2006, section 609.055, is amended to read:
3.10609.055 LIABILITY OF CHILDREN.
3.11 Subdivision 1.
General rule. Children under the age of
14 13 years are incapable of
3.12committing crime.
3.13 Subd. 2.
Adult prosecution. (a) Except as otherwise provided in paragraph (b),
3.14children of the age of 13 years may be prosecuted for a violent juvenile offense, as defined
3.15in section 260B.007, subdivision 21, and children of the age of 14 years or over but under
3.1618 years may be prosecuted for a felony offense
, if the alleged violation is duly certified
3.17for prosecution under the laws and court procedures controlling adult criminal violations
3.18or may be designated an extended jurisdiction juvenile in accordance with the provisions
3.19of chapter 260B. A child who is 16 years of age or older but under 18 years of age is
3.20capable of committing a crime and may be prosecuted for a felony if:
3.21 (1) the child has been previously certified on a felony charge pursuant to a hearing
3.22under section
260B.125, subdivision 2, or pursuant to the waiver of the right to such a
3.23hearing, or prosecuted pursuant to this subdivision; and
3.24 (2) the child was convicted of the felony offense or offenses for which the child was
3.25prosecuted or of a lesser included felony offense.
3.26 (b) A child who is alleged to have committed murder in the first degree after
3.27becoming 16 years of age is capable of committing a crime and may be prosecuted for
3.28the felony. This paragraph does not apply to a child alleged to have committed attempted
3.29murder in the first degree after becoming 16 years of age.
3.30EFFECTIVE DATE.This section is effective August 1, 2007, and applies to
3.31offenses committed on or after that date."
3.32Renumber the sections in sequence and correct the internal references
3.33Amend the title accordingly