1.1.................... moves to amend H.F. No. 317 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 260B.007, is amended by adding a
1.4subdivision to read:
1.5    Subd. 21. Violent juvenile offense. "Violent juvenile offense" means any of the
1.6following offenses that would be a felony if committed by an adult: sections 609.185
1.7(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the
1.8third degree); 609.20 (manslaughter in the first degree); and 609.205 (manslaughter in
1.9the second degree).
1.10EFFECTIVE DATE.This section is effective August 1, 2010, and applies to
1.11offenses committed on or after that date.

1.12    Sec. 2. Minnesota Statutes 2008, section 260B.130, subdivision 1, is amended to read:
1.13    Subdivision 1. Designation. A proceeding involving a child alleged to have
1.14committed a felony offense is an extended jurisdiction juvenile prosecution if:
1.15(1) the child was 14 to 17 years old at the time of the alleged offense, a certification
1.16hearing was held, and the court designated the proceeding an extended jurisdiction
1.17juvenile prosecution;
1.18(2) the child was 16 or 17 years old at the time of the alleged offense; the child is
1.19alleged to have committed an offense for which the Sentencing Guidelines and applicable
1.20statutes presume a commitment to prison or to have committed any felony in which the
1.21child allegedly used a firearm; and the prosecutor designated in the delinquency petition
1.22that the proceeding is an extended jurisdiction juvenile prosecution; or
1.23(3) the child was 14 to 17 years old at the time of the alleged offense, the prosecutor
1.24requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
1.25a hearing was held on the issue of designation, and the court designated the proceeding an
1.26extended jurisdiction juvenile prosecution; or
2.1(4) the child was 13 years old at the time of the alleged offense, the alleged offense
2.2is a violent juvenile offense as defined in section 260B.007, subdivision 21, the prosecutor
2.3requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
2.4a hearing was held on the issue of designation, and the court designated the proceeding an
2.5extended jurisdiction juvenile prosecution.
2.6EFFECTIVE DATE.This section is effective August 1, 2010, and applies to
2.7offenses committed on or after that date.

2.8    Sec. 3. Minnesota Statutes 2008, section 260B.141, subdivision 4, is amended to read:
2.9    Subd. 4. Delinquency petition; extended jurisdiction juvenile. When a prosecutor
2.10files a delinquency petition alleging that a child committed a felony offense for which
2.11there is a presumptive commitment to prison according to the Sentencing Guidelines
2.12and applicable statutes or in which the child used a firearm, after reaching the age of
2.1316 years, the prosecutor shall indicate in the petition whether the prosecutor designates
2.14the proceeding an extended jurisdiction juvenile prosecution. When a prosecutor files a
2.15delinquency petition alleging that a child aged 13 years committed a violent juvenile
2.16offense as defined in section 260B.007, subdivision 21, or a child aged 14 to 17 years
2.17committed a felony offense, the prosecutor may request that the court designate the
2.18proceeding an extended jurisdiction juvenile prosecution.
2.19EFFECTIVE DATE.This section is effective August 1, 2010, and applies to
2.20offenses committed on or after that date.

2.21    Sec. 4. Minnesota Statutes 2008, section 260B.198, subdivision 6, is amended to read:
2.22    Subd. 6. Expungement. Except when legal custody is transferred under the
2.23provisions of subdivision 1, clause (4), or a child is adjudicated delinquent for committing
2.24a violent juvenile offense as defined in section 260B.007, subdivision 21, the court may
2.25expunge the adjudication of delinquency at any time that it deems advisable.
2.26EFFECTIVE DATE.This section is effective August 1, 2010, and applies to
2.27offenses committed on or after that date.

2.28    Sec. 5. Minnesota Statutes 2008, section 609.055, is amended to read:
2.29609.055 CAPABILITY OF CHILDREN TO COMMIT CRIME.
2.30    Subdivision 1. General rule. Children under the age of 14 13 years are incapable of
2.31committing crime.
2.32    Subd. 2. Adult prosecution. (a) Except as otherwise provided in paragraph (b),
2.33children of the age of 14 years or over but under 18 years may be prosecuted for a felony
3.1offense if the alleged violation is duly certified for prosecution under the laws and court
3.2procedures controlling adult criminal violations or may be designated an extended
3.3jurisdiction juvenile in accordance with the provisions of chapter 260B; and children of the
3.4age 13 years may be designated as an extended jurisdiction juvenile in accordance with the
3.5provisions of chapter 260B, if the alleged violation is a violent juvenile offense, as defined
3.6in section 260B.007, subdivision 21. A child who is 16 years of age or older but under 18
3.7years of age is capable of committing a crime and may be prosecuted for a felony if:
3.8(1) the child has been previously certified on a felony charge pursuant to a hearing
3.9under section 260B.125, subdivision 2, or pursuant to the waiver of the right to such a
3.10hearing, or prosecuted pursuant to this subdivision; and
3.11(2) the child was convicted of the felony offense or offenses for which the child was
3.12prosecuted or of a lesser included felony offense.
3.13(b) A child who is alleged to have committed murder in the first degree after
3.14becoming 16 years of age is capable of committing a crime and may be prosecuted for
3.15the felony. This paragraph does not apply to a child alleged to have committed attempted
3.16murder in the first degree after becoming 16 years of age.
3.17EFFECTIVE DATE.This section is effective August 1, 2010, and applies to
3.18offenses committed on or after that date."
3.19Delete the title and insert:
3.21 relating to public safety; lowering the age for extended jurisdiction juvenile
3.22prosecutions; defining a violent juvenile offense;amending Minnesota Statutes
3.232008, sections 260B.007, by adding a subdivision; 260B.130, subdivision 1;
3.24260B.141, subdivision 4; 260B.198, subdivision 6; 609.055."