1.1.................... moves to amend H.F. No. 2707 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 260B.198, subdivision 7, is amended to
1.4read:
1.5    Subd. 7. Continuance. When it is in the best interests of the child and public safety
1.6to do so and when the child has admitted the allegations contained in the petition before
1.7the judge or referee, or when a hearing has been held as provided for in section 260B.163
1.8and the allegations contained in the petition have been duly proven but, in either case,
1.9before a finding of delinquency has been entered, the court may stay the adjudication of
1.10delinquency and continue the case for a period not to exceed 90 180 days on any one
1.11order. With the consent of the prosecutor, such a continuance may be extended renewed
1.12for one additional successive a period not to exceed 90 days extend beyond the child's
1.1319th birthday and only after the court has reviewed the case and entered its order for an
1.14additional continuance without a finding of delinquency. During this either continuance
1.15the court may enter an order in accordance with the provisions of subdivision 1, clause (1)
1.16or (2), or enter an order to hold the child in detention for a period not to exceed 15 days on
1.17any one order for the purpose of completing any consideration, or any investigation or
1.18examination ordered in accordance with the provisions of section 260B.157. The court
1.19shall not stay adjudication on any felony offense if the child has previously received a stay
1.20of adjudication of delinquency by a court in any judicial district. This subdivision does
1.21not apply to an extended jurisdiction juvenile proceeding.

1.22    Sec. 2. Minnesota Statutes 2008, section 241.31, subdivision 1, is amended to read:
1.23    Subdivision 1. Establishment of program. Notwithstanding any provisions of
1.24Minnesota Statutes to the contrary, any city, county or town, or any nonprofit corporation
1.25approved by the commissioner of corrections, or any combination thereof may establish
2.1and operate a community corrections program for the purpose of providing housing,
2.2supervision, treatment, counseling or other correctional services;
2.3(a) to persons convicted of crime in the courts of this state and placed on probation
2.4by such courts pursuant to section 609.135;
2.5(b) to persons not yet convicted of a crime but under criminal accusation who
2.6voluntarily accept such treatment;
2.7(c) to persons adjudicated a delinquent or who received a stay of adjudication of
2.8delinquency under chapter 260 or chapter 260B;
2.9(d) with the approval of the commissioner of corrections, to persons paroled under
2.10chapter 242; and
2.11(e) with the approval of the commissioner of corrections, to persons paroled under
2.12section 243.05 or released under section 241.26.

2.13    Sec. 3. Minnesota Statutes 2008, section 242.32, subdivision 2, is amended to read:
2.14    Subd. 2. Secure placement of juvenile offenders. The commissioner shall license
2.15several small regional facilities providing secure capacity programming for juveniles who
2.16have been adjudicated delinquent, have received a stay of adjudication of delinquency,
2.17or have been convicted as extended jurisdiction juveniles and require secure placement.
2.18The programming shall be tailored to the types of juveniles being served, including their
2.19offense history, age, gender, cultural and ethnic heritage, mental health and chemical
2.20dependency problems, and other characteristics. Services offered shall include but not
2.21be limited to:
2.22(1) intensive general educational programs, with an individual educational plan for
2.23each juvenile;
2.24(2) specific educational components in the management of anger and nonviolent
2.25conflict resolution;
2.26(3) treatment for chemical dependency;
2.27(4) mental health screening, assessment, and treatment; and
2.28(5) programming to educate offenders about sexuality and address issues specific to
2.29victims and perpetrators of sexual abuse.
2.30The facilities shall collaborate with facilities providing nonsecure residential
2.31programming and with community-based aftercare programs.

2.32    Sec. 4. Minnesota Statutes 2008, section 260B.125, subdivision 4, is amended to read:
2.33    Subd. 4. Public safety. In determining whether the public safety is served by
2.34certifying the matter, the court shall consider the following factors:
3.1(1) the seriousness of the alleged offense in terms of community protection,
3.2including the existence of any aggravating factors recognized by the Sentencing
3.3Guidelines, the use of a firearm, and the impact on any victim;
3.4(2) the culpability of the child in committing the alleged offense, including the level
3.5of the child's participation in planning and carrying out the offense and the existence of
3.6any mitigating factors recognized by the Sentencing Guidelines;
3.7(3) the child's prior record of delinquency, including adjudications of delinquency
3.8and delinquency petitions that resulted in stays of adjudication of delinquency;
3.9(4) the child's programming history, including the child's past willingness to
3.10participate meaningfully in available programming;
3.11(5) the adequacy of the punishment or programming available in the juvenile justice
3.12system; and
3.13(6) the dispositional options available for the child.
3.14In considering these factors, the court shall give greater weight to the seriousness of
3.15the alleged offense and the child's prior record of delinquency, including adjudications
3.16of delinquency and delinquency petitions that resulted in stays of adjudication of
3.17delinquency, than to the other factors listed in this subdivision.

3.18    Sec. 5. Minnesota Statutes 2008, section 260B.157, subdivision 1, is amended to read:
3.19    Subdivision 1. Investigation. Upon request of the court the local social services
3.20agency or probation officer shall investigate the personal and family history and
3.21environment of any minor coming within the jurisdiction of the court under section
3.22260B.101 and shall report its findings to the court. The court may order any minor coming
3.23within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or
3.24psychologist appointed by the court.
3.25    The court shall order a chemical use assessment conducted when a child is (1) found
3.26to be delinquent for violating a provision of chapter 152, or for committing a felony-level
3.27violation of a provision of chapter 609 if the probation officer determines that alcohol or
3.28drug use was a contributing factor in the commission of the offense, or (2) alleged to be
3.29delinquent for violating a provision of chapter 152, if the child is being held in custody
3.30under a detention order. The assessor's qualifications and the assessment criteria shall
3.31comply with Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under chapter
3.32254B are to be used to pay for the recommended treatment, the assessment and placement
3.33must comply with all provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and
3.349530.7000 to 9530.7030. The commissioner of human services shall reimburse the court
3.35for the cost of the chemical use assessment, up to a maximum of $100.
4.1    The court shall order a children's mental health screening conducted when a child
4.2is found to be delinquent. The screening shall be conducted with a screening instrument
4.3approved by the commissioner of human services and shall be conducted by a mental
4.4health practitioner as defined in section 245.4871, subdivision 26, or a probation officer
4.5who is trained in the use of the screening instrument. If the screening indicates a need for
4.6assessment, the local social services agency, in consultation with the child's family, shall
4.7have a diagnostic assessment conducted, including a functional assessment, as defined in
4.8section 245.4871.
4.9    With the consent of the commissioner of corrections and agreement of the county to
4.10pay the costs thereof, the court may, by order, place a minor coming within its jurisdiction
4.11in an institution maintained by the commissioner for the detention, diagnosis, custody and
4.12treatment of persons adjudicated to be delinquent or who received a stay of adjudication of
4.13delinquency, in order that the condition of the minor be given due consideration in the
4.14disposition of the case. Any funds received under the provisions of this subdivision shall
4.15not cancel until the end of the fiscal year immediately following the fiscal year in which the
4.16funds were received. The funds are available for use by the commissioner of corrections
4.17during that period and are hereby appropriated annually to the commissioner of corrections
4.18as reimbursement of the costs of providing these services to the juvenile courts.

4.19    Sec. 6. Minnesota Statutes 2008, section 299C.105, subdivision 1, is amended to read:
4.20    Subdivision 1. Required collection of biological specimen for DNA testing. (a)
4.21Sheriffs, peace officers, and community corrections agencies operating secure juvenile
4.22detention facilities shall take or cause to be taken biological specimens for the purpose of
4.23DNA analysis as defined in section 299C.155, of the following:
4.24(1) persons who have appeared in court and have had a judicial probable cause
4.25determination on a charge of committing, or persons having been convicted of or
4.26attempting to commit, any of the following:
4.27(i) murder under section 609.185, 609.19, or 609.195;
4.28(ii) manslaughter under section 609.20 or 609.205;
4.29(iii) assault under section 609.221, 609.222, or 609.223;
4.30(iv) robbery under section 609.24 or aggravated robbery under section 609.245;
4.31(v) kidnapping under section 609.25;
4.32(vi) false imprisonment under section 609.255;
4.33(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
4.34609.3451, subdivision 3 , or 609.3453;
4.35(viii) incest under section 609.365;
5.1(ix) burglary under section 609.582, subdivision 1; or
5.2(x) indecent exposure under section 617.23, subdivision 3;
5.3(2) persons sentenced as patterned sex offenders under section 609.3455, subdivision
5.43a ; or
5.5(3) juveniles who have appeared in court and have had a judicial probable cause
5.6determination on a charge of committing, or juveniles having been adjudicated delinquent,
5.7or juveniles who have received a stay of adjudication of delinquency for committing or
5.8attempting to commit, any of the following:
5.9(i) murder under section 609.185, 609.19, or 609.195;
5.10(ii) manslaughter under section 609.20 or 609.205;
5.11(iii) assault under section 609.221, 609.222, or 609.223;
5.12(iv) robbery under section 609.24 or aggravated robbery under section 609.245;
5.13(v) kidnapping under section 609.25;
5.14(vi) false imprisonment under section 609.255;
5.15(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
5.16609.3451, subdivision 3 , or 609.3453;
5.17(viii) incest under section 609.365;
5.18(ix) burglary under section 609.582, subdivision 1; or
5.19(x) indecent exposure under section 617.23, subdivision 3.
5.20(b) Unless the superintendent of the bureau requires a shorter period, within 72 hours
5.21the biological specimen required under paragraph (a) must be forwarded to the bureau in
5.22such a manner as may be prescribed by the superintendent.
5.23(c) Prosecutors, courts, and probation officers shall attempt to ensure that the
5.24biological specimen is taken on a person described in paragraph (a).

5.25    Sec. 7. Minnesota Statutes 2008, section 299C.61, subdivision 8a, is amended to read:
5.26    Subd. 8a. Conviction. "Conviction" means a criminal conviction or an adjudication
5.27of delinquency or a stay of adjudication of delinquency for an offense that would be a
5.28crime if committed by an adult.

5.29    Sec. 8. Minnesota Statutes 2008, section 609.117, subdivision 1, is amended to read:
5.30    Subdivision 1. Upon sentencing. If an offender has not already done so, the court
5.31shall order an offender to provide a biological specimen for the purpose of DNA analysis
5.32as defined in section 299C.155 when:
6.1(1) the court sentences a person charged with committing or attempting to commit
6.2a felony offense and the person is convicted of that offense or of any offense arising
6.3out of the same set of circumstances; or
6.4(2) the juvenile court adjudicates a person a delinquent child who is petitioned for
6.5committing or attempting to commit a felony offense and is adjudicated delinquent for
6.6that offense or any offense arising out of the same set of circumstances finds that a child
6.7who was petitioned for committing or attempting to commit a felony offense did commit
6.8that offense or any offense arising out of the same set of circumstances.
6.9The biological specimen or the results of the analysis shall be maintained by the Bureau of
6.10Criminal Apprehension as provided in section 299C.155.

6.11    Sec. 9. Minnesota Statutes 2009 Supplement, section 624.713, subdivision 1, is
6.12amended to read:
6.13    Subdivision 1. Ineligible persons. The following persons shall not be entitled to
6.14possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
6.15any other firearm:
6.16(1) a person under the age of 18 years except that a person under 18 may carry or
6.17possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence
6.18or under the direct supervision of the person's parent or guardian, (ii) for the purpose
6.19of military drill under the auspices of a legally recognized military organization and
6.20under competent supervision, (iii) for the purpose of instruction, competition, or target
6.21practice on a firing range approved by the chief of police or county sheriff in whose
6.22jurisdiction the range is located and under direct supervision; or (iv) if the person has
6.23successfully completed a course designed to teach marksmanship and safety with a pistol
6.24or semiautomatic military-style assault weapon and approved by the commissioner of
6.25natural resources;
6.26(2) except as otherwise provided in clause (9), a person who has been convicted of,
6.27or adjudicated delinquent or received a stay of adjudication of delinquency or convicted
6.28as an extended jurisdiction juvenile for committing, in this state or elsewhere, a crime
6.29of violence. For purposes of this section, crime of violence includes crimes in other
6.30states or jurisdictions which would have been crimes of violence as herein defined if they
6.31had been committed in this state;
6.32(3) a person who is or has ever been committed in Minnesota or elsewhere by
6.33a judicial determination that the person is mentally ill, developmentally disabled, or
6.34mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment
6.35facility, or who has ever been found incompetent to stand trial or not guilty by reason of
7.1mental illness, unless the person's ability to possess a firearm has been restored under
7.2subdivision 4;
7.3(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
7.4gross misdemeanor violation of chapter 152, unless three years have elapsed since the
7.5date of conviction and, during that time, the person has not been convicted of any other
7.6such violation of chapter 152 or a similar law of another state; or a person who is or has
7.7ever been committed by a judicial determination for treatment for the habitual use of a
7.8controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
7.9person's ability to possess a firearm has been restored under subdivision 4;
7.10(5) a person who has been committed to a treatment facility in Minnesota or
7.11elsewhere by a judicial determination that the person is chemically dependent as defined
7.12in section 253B.02, unless the person has completed treatment or the person's ability to
7.13possess a firearm has been restored under subdivision 4. Property rights may not be abated
7.14but access may be restricted by the courts;
7.15(6) a peace officer who is informally admitted to a treatment facility pursuant to
7.16section 253B.04 for chemical dependency, unless the officer possesses a certificate from
7.17the head of the treatment facility discharging or provisionally discharging the officer from
7.18the treatment facility. Property rights may not be abated but access may be restricted
7.19by the courts;
7.20(7) a person, including a person under the jurisdiction of the juvenile court, who
7.21has been charged with committing a crime of violence and has been placed in a pretrial
7.22diversion program by the court before disposition, until the person has completed the
7.23diversion program and the charge of committing the crime of violence has been dismissed;
7.24(8) except as otherwise provided in clause (9), a person who has been convicted in
7.25another state of committing an offense similar to the offense described in section 609.224,
7.26subdivision 3 , against a family or household member or section 609.2242, subdivision
7.273 , unless three years have elapsed since the date of conviction and, during that time, the
7.28person has not been convicted of any other violation of section 609.224, subdivision 3, or
7.29609.2242, subdivision 3 , or a similar law of another state;
7.30(9) a person who has been convicted in this state or elsewhere of assaulting a family
7.31or household member and who was found by the court to have used a firearm in any way
7.32during commission of the assault is prohibited from possessing any type of firearm for the
7.33period determined by the sentencing court;
7.34(10) a person who:
7.35(i) has been convicted in any court of a crime punishable by imprisonment for a
7.36term exceeding one year;
8.1(ii) is a fugitive from justice as a result of having fled from any state to avoid
8.2prosecution for a crime or to avoid giving testimony in any criminal proceeding;
8.3(iii) is an unlawful user of any controlled substance as defined in chapter 152;
8.4(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
8.5as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
8.6the public, as defined in section 253B.02;
8.7(v) is an alien who is illegally or unlawfully in the United States;
8.8(vi) has been discharged from the armed forces of the United States under
8.9dishonorable conditions; or
8.10(vii) has renounced the person's citizenship having been a citizen of the United
8.11States; or
8.12(11) a person who has been convicted of the following offenses at the gross
8.13misdemeanor level, unless three years have elapsed since the date of conviction and,
8.14during that time, the person has not been convicted of any other violation of these sections:
8.15section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision
8.164 (assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or
8.17endangerment of a child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665
8.18(setting a spring gun); 609.71 (riot); or 609.749 (harassment and stalking). For purposes
8.19of this paragraph, the specified gross misdemeanor convictions include crimes committed
8.20in other states or jurisdictions which would have been gross misdemeanors if conviction
8.21occurred in this state.
8.22A person who issues a certificate pursuant to this section in good faith is not liable
8.23for damages resulting or arising from the actions or misconduct with a firearm committed
8.24by the individual who is the subject of the certificate.
8.25The prohibition in this subdivision relating to the possession of firearms other than
8.26pistols and semiautomatic military-style assault weapons does not apply retroactively
8.27to persons who are prohibited from possessing a pistol or semiautomatic military-style
8.28assault weapon under this subdivision before August 1, 1994.
8.29The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
8.30for persons convicted or adjudicated delinquent or received a stay of adjudication of
8.31delinquency of a crime of violence in clause (2), applies only to offenders who are
8.32discharged from sentence or court supervision for a crime of violence on or after August
8.331, 1993.
8.34For purposes of this section, "judicial determination" means a court proceeding
8.35pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.

9.1    Sec. 10. Minnesota Statutes 2008, section 624.713, subdivision 3, is amended to read:
9.2    Subd. 3. Notice. (a) When a person is convicted of, or adjudicated delinquent,
9.3received a stay of adjudication of delinquency, or convicted as an extended jurisdiction
9.4juvenile for committing, a crime of violence as defined in section 624.712, subdivision 5,
9.5the court shall inform the defendant that the defendant is prohibited from possessing a
9.6pistol or semiautomatic military-style assault weapon for the remainder of the person's
9.7lifetime, and that it is a felony offense to violate this prohibition. The failure of the court
9.8to provide this information to a defendant does not affect the applicability of the pistol
9.9or semiautomatic military-style assault weapon possession prohibition or the felony
9.10penalty to that defendant.
9.11(b) When a person, including a person under the jurisdiction of the juvenile court, is
9.12charged with committing a crime of violence and is placed in a pretrial diversion program
9.13by the court before disposition, the court shall inform the defendant that: (1) the defendant
9.14is prohibited from possessing a pistol or semiautomatic military-style assault weapon
9.15until the person has completed the diversion program and the charge of committing a
9.16crime of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this
9.17prohibition; and (3) if the defendant violates this condition of participation in the diversion
9.18program, the charge of committing a crime of violence may be prosecuted. The failure of
9.19the court to provide this information to a defendant does not affect the applicability of the
9.20pistol or semiautomatic military-style assault weapon possession prohibition or the gross
9.21misdemeanor penalty to that defendant."
9.22Amend the title accordingly