1.1    .................... moves to amend H.F. No. 4077, the first committee engrossment,
1.2as follows:
1.3Page 2, line 14, delete "(1,690,000)" and insert "(1,703,000)"
1.4Page 2, after line 14 insert:
1.5"The base is reduced by $88,000 in fiscal year
1.62010 and by $223,000 in fiscal year 2011."
1.7Page 4, line 2, delete "(2,444,000)" and insert "(2,431,000)"
1.8Page 4, after line 2 insert:

1.9

"Subd. 2.Correctional Institutions

-0-

13,000

1.10The base for this appropriation is increased
1.11by $88,000 in fiscal year 2010 and by
1.12$223,000 in fiscal year 2011."
1.13Renumber the subdivisions in sequence and correct the internal references
1.14Page 5, after line 27 insert:

1.15    "Sec. 11. Minnesota Statutes 2006, section 260B.007, is amended by adding a
1.16subdivision to read:
1.17    Subd. 21. Violent juvenile offense. "Violent juvenile offense" means any of the
1.18following offenses that would be a felony if committed by an adult: sections 609.185
1.19(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in
1.20the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
1.21the second degree); 609.221 (assault in the first degree); 609.222 (assault in the second
1.22degree); 609.223 (assault in the third degree); 609.245 (aggravated robbery); 609.25
1.23(kidnapping); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal
1.24sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third
1.25degree); 609.345 (criminal sexual conduct in the fourth degree); and 609.377 (malicious
1.26punishment of a child).
2.1EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
2.2offenses committed on or after that date.

2.3    Sec. 12. Minnesota Statutes 2006, section 260B.125, subdivision 1, is amended to read:
2.4    Subdivision 1. Order. When a child is alleged to have committed, after becoming
2.513 years of age, a violent juvenile offense as defined in section 260B.007, subdivision 21,
2.6or after becoming 14 years of age, an offense that would be a felony if committed by an
2.7adult, the juvenile court may enter an order certifying the proceeding for action under the
2.8laws and court procedures controlling adult criminal violations.
2.9EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
2.10offenses committed on or after that date.

2.11    Sec. 13. Minnesota Statutes 2006, section 260B.130, subdivision 1, is amended to read:
2.12    Subdivision 1. Designation. A proceeding involving a child alleged to have
2.13committed a felony offense is an extended jurisdiction juvenile prosecution if:
2.14    (1) the child was 14 13 to 17 years old at the time of the alleged offense, a
2.15certification hearing was held, and the court designated the proceeding an extended
2.16jurisdiction juvenile prosecution;
2.17    (2) the child was 16 or 17 years old at the time of the alleged offense; the child is
2.18alleged to have committed an offense for which the Sentencing Guidelines and applicable
2.19statutes presume a commitment to prison or to have committed any felony in which the
2.20child allegedly used a firearm; and the prosecutor designated in the delinquency petition
2.21that the proceeding is an extended jurisdiction juvenile prosecution; or
2.22    (3) the child was 14 to 17 years old at the time of the alleged offense, the prosecutor
2.23requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
2.24a hearing was held on the issue of designation, and the court designated the proceeding an
2.25extended jurisdiction juvenile prosecution; or
2.26    (4) the child was 13 years old at the time of the alleged offense, the alleged offense
2.27is a violent juvenile offense as defined in section 260B.007, subdivision 21, the prosecutor
2.28requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
2.29a hearing was held on the issue of designation, and the court designated the proceeding an
2.30extended jurisdiction juvenile prosecution.
2.31EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
2.32offenses committed on or after that date.

2.33    Sec. 14. Minnesota Statutes 2006, section 260B.141, subdivision 4, is amended to read:
3.1    Subd. 4. Delinquency petition; extended jurisdiction juvenile. When a prosecutor
3.2files a delinquency petition alleging that a child committed a felony offense for which
3.3there is a presumptive commitment to prison according to the Sentencing Guidelines
3.4and applicable statutes or in which the child used a firearm, after reaching the age of
3.516 years, the prosecutor shall indicate in the petition whether the prosecutor designates
3.6the proceeding an extended jurisdiction juvenile prosecution. When a prosecutor files a
3.7delinquency petition alleging that a child aged 13 years committed a violent juvenile
3.8offense as defined in section 260B.007, subdivision 21, or a child aged 14 to 17 years
3.9committed a felony offense, the prosecutor may request that the court designate the
3.10proceeding an extended jurisdiction juvenile prosecution.
3.11EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
3.12offenses committed on or after that date.

3.13    Sec. 15. Minnesota Statutes 2006, section 260B.198, subdivision 6, is amended to read:
3.14    Subd. 6. Expungement. Except when legal custody is transferred under the
3.15provisions of subdivision 1, clause (d), or a child is adjudicated delinquent for committing
3.16a violent juvenile offense as defined in section 260B.007, subdivision 21, the court may
3.17expunge the adjudication of delinquency at any time that it deems advisable.
3.18EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
3.19offenses committed on or after that date.

3.20    Sec. 16. Minnesota Statutes 2006, section 609.055, is amended to read:
3.21609.055 LIABILITY OF CHILDREN.
3.22    Subdivision 1. General rule. Children under the age of 14 13 years are incapable of
3.23committing crime.
3.24    Subd. 2. Adult prosecution. (a) Except as otherwise provided in paragraph (b),
3.25children of the age of 13 years may be prosecuted for a violent juvenile offense, as defined
3.26in section 260B.007, subdivision 21, and children of the age of 14 years or over but under
3.2718 years may be prosecuted for a felony offense, if the alleged violation is duly certified
3.28for prosecution under the laws and court procedures controlling adult criminal violations
3.29or may be designated an extended jurisdiction juvenile in accordance with the provisions
3.30of chapter 260B. A child who is 16 years of age or older but under 18 years of age is
3.31capable of committing a crime and may be prosecuted for a felony if:
3.32    (1) the child has been previously certified on a felony charge pursuant to a hearing
3.33under section 260B.125, subdivision 2, or pursuant to the waiver of the right to such a
3.34hearing, or prosecuted pursuant to this subdivision; and
4.1    (2) the child was convicted of the felony offense or offenses for which the child was
4.2prosecuted or of a lesser included felony offense.
4.3    (b) A child who is alleged to have committed murder in the first degree after
4.4becoming 16 years of age is capable of committing a crime and may be prosecuted for
4.5the felony. This paragraph does not apply to a child alleged to have committed attempted
4.6murder in the first degree after becoming 16 years of age.
4.7EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
4.8offenses committed on or after that date."
4.9Renumber the sections in sequence and correct the internal references
4.10Amend the title accordingly