1.1.................... moves to amend H.F. No. 556, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:
1.4SEXUALLY EXPLOITED YOUTH
1.5 Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to
1.6read:
1.7 Subd. 6.
Delinquent child. (a) Except as otherwise provided in
paragraph
1.8paragraphs (b)
and (c), "delinquent child" means a child:
1.9(1) who has violated any state or local law, except as provided in section
260B.225,
1.10subdivision 1
, and except for juvenile offenders as described in subdivisions 16 to 18;
1.11(2) who has violated a federal law or a law of another state and whose case has been
1.12referred to the juvenile court if the violation would be an act of delinquency if committed
1.13in this state or a crime or offense if committed by an adult;
1.14(3) who has escaped from confinement to a state juvenile correctional facility after
1.15being committed to the custody of the commissioner of corrections; or
1.16(4) who has escaped from confinement to a local juvenile correctional facility after
1.17being committed to the facility by the court.
1.18(b) The term delinquent child does not include a child alleged to have committed
1.19murder in the first degree after becoming 16 years of age, but the term delinquent child
1.20does include a child alleged to have committed attempted murder in the first degree.
1.21(c) The term delinquent child does not include a child who is alleged to have
1.22engaged in conduct which would, if committed by an adult, violate any federal, state, or
1.23local law relating to being hired, offering to be hired, or agreeing to be hired by another
1.24individual to engage in sexual penetration or sexual conduct.
1.25EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
1.26offenses committed on or after that date.
2.1 Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:
2.2 Subd. 16.
Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty
2.3offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
2.4a violation of section
609.685, or a violation of a local ordinance, which by its terms
2.5prohibits conduct by a child under the age of 18 years which would be lawful conduct if
2.6committed by an adult.
2.7(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
2.8includes an offense that would be a misdemeanor if committed by an adult.
2.9(c) "Juvenile petty offense" does not include any of the following:
2.10(1) a misdemeanor-level violation of section
518B.01,;
588.20,;
609.224,;
609.2242,;
2.11609.324
,
subdivision 2 or 3;
609.5632,;
609.576,;
609.66,;
609.746,;
609.748,;
609.79,;
2.12or
617.23;
2.13(2) a major traffic offense or an adult court traffic offense, as described in section
2.14260B.225
;
2.15(3) a misdemeanor-level offense committed by a child whom the juvenile court
2.16previously has found to have committed a misdemeanor, gross misdemeanor, or felony
2.17offense; or
2.18(4) a misdemeanor-level offense committed by a child whom the juvenile court
2.19has found to have committed a misdemeanor-level juvenile petty offense on two or
2.20more prior occasions, unless the county attorney designates the child on the petition
2.21as a juvenile petty offender notwithstanding this prior record. As used in this clause,
2.22"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
2.23would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
2.24(d) A child who commits a juvenile petty offense is a "juvenile petty offender."
The
2.25term juvenile petty offender does not include a child alleged to have violated any law
2.26relating to being hired, offering to be hired, or agreeing to be hired by another individual
2.27to engage in sexual penetration or sexual conduct which, if committed by an adult, would
2.28be a misdemeanor.
2.29EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.30offenses committed on or after that date.
2.31 Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:
2.32 Subd. 6.
Child in need of protection or services. "Child in need of protection or
2.33services" means a child who is in need of protection or services because the child:
2.34 (1) is abandoned or without parent, guardian, or custodian;
3.1 (2)(i) has been a victim of physical or sexual abuse as defined in section
626.556,
3.2subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
3.3subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
3.4would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
3.5child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
3.6as defined in subdivision 15;
3.7 (3) is without necessary food, clothing, shelter, education, or other required care
3.8for the child's physical or mental health or morals because the child's parent, guardian,
3.9or custodian is unable or unwilling to provide that care;
3.10 (4) is without the special care made necessary by a physical, mental, or emotional
3.11condition because the child's parent, guardian, or custodian is unable or unwilling to
3.12provide that care;
3.13 (5) is medically neglected, which includes, but is not limited to, the withholding of
3.14medically indicated treatment from a disabled infant with a life-threatening condition. The
3.15term "withholding of medically indicated treatment" means the failure to respond to the
3.16infant's life-threatening conditions by providing treatment, including appropriate nutrition,
3.17hydration, and medication which, in the treating physician's or physicians' reasonable
3.18medical judgment, will be most likely to be effective in ameliorating or correcting all
3.19conditions, except that the term does not include the failure to provide treatment other
3.20than appropriate nutrition, hydration, or medication to an infant when, in the treating
3.21physician's or physicians' reasonable medical judgment:
3.22 (i) the infant is chronically and irreversibly comatose;
3.23 (ii) the provision of the treatment would merely prolong dying, not be effective in
3.24ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
3.25futile in terms of the survival of the infant; or
3.26 (iii) the provision of the treatment would be virtually futile in terms of the survival
3.27of the infant and the treatment itself under the circumstances would be inhumane;
3.28 (6) is one whose parent, guardian, or other custodian for good cause desires to be
3.29relieved of the child's care and custody, including a child who entered foster care under a
3.30voluntary placement agreement between the parent and the responsible social services
3.31agency under section
260C.212, subdivision 8;
3.32 (7) has been placed for adoption or care in violation of law;
3.33 (8) is without proper parental care because of the emotional, mental, or physical
3.34disability, or state of immaturity of the child's parent, guardian, or other custodian;
4.1 (9) is one whose behavior, condition, or environment is such as to be injurious or
4.2dangerous to the child or others. An injurious or dangerous environment may include, but
4.3is not limited to, the exposure of a child to criminal activity in the child's home;
4.4 (10) is experiencing growth delays, which may be referred to as failure to thrive, that
4.5have been diagnosed by a physician and are due to parental neglect;
4.6 (11)
has engaged in prostitution as defined in section
609.321, subdivision 9 is a
4.7sexually exploited youth as defined in subdivision 31;
4.8 (12) has committed a delinquent act or a juvenile petty offense before becoming
4.9ten years old;
4.10 (13) is a runaway;
4.11 (14) is a habitual truant;
4.12 (15) has been found incompetent to proceed or has been found not guilty by reason
4.13of mental illness or mental deficiency in connection with a delinquency proceeding, a
4.14certification under section
260B.125, an extended jurisdiction juvenile prosecution, or a
4.15proceeding involving a juvenile petty offense; or
4.16(16) has a parent whose parental rights to one or more other children were
4.17involuntarily terminated or whose custodial rights to another child have been involuntarily
4.18transferred to a relative and there is a case plan prepared by the responsible social services
4.19agency documenting a compelling reason why filing the termination of parental rights
4.20petition under section
260C.301, subdivision 3, is not in the best interests of the child.
4.21EFFECTIVE DATE.This section is effective August 1, 2011.
4.22 Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:
4.23 Subd. 11.
Delinquent child. "Delinquent child"
means a child:
4.24(1) who has violated any state or local law, except as provided in section
260B.225,
4.25subdivision 1
, and except for juvenile offenders as described in subdivisions 19 and 28; or
4.26(2) who has violated a federal law or a law of another state and whose case has been
4.27referred to the juvenile court if the violation would be an act of delinquency if committed
4.28in this state or a crime or offense if committed by an adult has the meaning given in
4.29section 260B.007, subdivision 6.
4.30EFFECTIVE DATE.This section is effective August 1, 2011.
4.31 Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a
4.32subdivision to read:
5.1 Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an
5.2individual who:
5.3(1) is alleged to have engaged in conduct which would, if committed by an adult,
5.4violate any federal, state, or local law relating to being hired, offering to be hired, or
5.5agreeing to be hired by another individual to engage in sexual penetration or sexual
5.6conduct;
5.7(2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451,
5.8609.3453, 609.352, 617.246, or 617.247;
5.9(3) is a victim of a crime described in United States Code, title 18, section 2260;
5.102421; 2422; 2423; 2425; 2425A; or 2256; or
5.11(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.
5.12EFFECTIVE DATE.This section is effective August 1, 2011.
5.13 Sec. 6. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
5.14 Subd. 8.
Prostitute. "Prostitute" means an individual
18 years of age or older who
5.15engages in prostitution.
5.16EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
5.17committed on or after that date.
5.18 Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read:
5.19609.3241 PENALTY ASSESSMENT AUTHORIZED.
5.20(a) When a court sentences an adult convicted of violating section
609.322 or
5.21609.324
, while acting other than as a prostitute, the court shall impose an assessment of
5.22not less than
$250 $500 and not more than
$500 $750 for a violation of section
609.324,
5.23subdivision 2
, or a misdemeanor violation of section
609.324, subdivision 3; otherwise
5.24the court shall impose an assessment of not less than
$500 $750 and not more than
5.25$1,000. The
mandatory minimum portion of the assessment
is to be used for the purposes
5.26described in section
626.558, subdivision 2a, shall be distributed as provided in paragraph
5.27(c) and is in addition to the surcharge required by section
357.021, subdivision 6.
Any
5.28portion of the assessment imposed in excess of the mandatory minimum amount shall be
5.29deposited in an account in the special revenue fund and is appropriated annually to the
5.30commissioner of public safety. The commissioner, with the assistance of the General
5.31Crime Victims Advisory Council, shall use money received under this section for grants to
5.32agencies that provide assistance to individuals who have stopped or wish to stop engaging
6.1in prostitution. Grant money may be used to provide these individuals with medical care,
6.2child care, temporary housing, and educational expenses.
6.3(b) The court may not waive payment of the minimum assessment required by
6.4this section. If the defendant qualifies for the services of a public defender or the court
6.5finds on the record that the convicted person is indigent or that immediate payment of
6.6the assessment would create undue hardship for the convicted person or that person's
6.7immediate family, the court may reduce the amount of the minimum assessment to not
6.8less than $100. The court also may authorize payment of the assessment in installments.
6.9(c) The assessment collected under paragraph (a) must be distributed as follows:
6.10(1) 40 percent of the assessment shall be forwarded to the political subdivision that
6.11employs the arresting officer for use in enforcement, training, and education activities
6.12related to combating sexual exploitation of youth, or if the arresting officer is an employee
6.13of the state, this portion shall be forwarded to the commissioner of public safety for those
6.14purposes identified in clause (3);
6.15(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
6.16handled the case for use in training and education activities relating to combating sexual
6.17exploitation activities of youth; and
6.18(3) 40 percent of the assessment must be forwarded to the commissioner of public
6.19safety to be deposited in the safe harbor for youth account in the special revenue fund
6.20and are appropriated to the commissioner for distribution to crime victims services
6.21organizations that provide services to sexually exploited youth, as defined in section
6.22260C.007, subdivision 31.
6.23(d) A safe harbor for youth account is established as a special account in the state
6.24treasury.
6.25EFFECTIVE DATE.This section is effective August 1, 2011.
6.26 Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:
6.27 Subd. 2a.
Juvenile prostitution Sexually exploited youth outreach program. A
6.28multidisciplinary child protection team may assist the local welfare agency, local law
6.29enforcement agency, or an appropriate private organization in developing a program of
6.30outreach services for
juveniles who are engaging in prostitution sexually exploited youth,
6.31including homeless, runaway, and truant youth who are at risk of sexual exploitation.
6.32For the purposes of this subdivision, at least one representative of a youth intervention
6.33program or, where this type of program is unavailable, one representative of a nonprofit
6.34agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
6.35child protection team in addition to the standing members of the team. These services may
7.1include counseling, medical care, short-term shelter, alternative living arrangements, and
7.2drop-in centers.
The county may finance these services by means of the penalty assessment
7.3authorized by section
609.3241. A juvenile's receipt of intervention services under this
7.4subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
7.5EFFECTIVE DATE.This section is effective August 1, 2011.
7.6 Sec. 9.
SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY
7.7EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.
7.8(a) If sufficient funding from outside sources is donated, the commissioner of public
7.9safety shall develop a statewide model as provided in this section. By June 30, 2012, the
7.10commissioner of public safety, in consultation with the commissioners of health and
7.11human services, shall develop a victim services model to address the needs of sexually
7.12exploited youth and youth at risk of sexual exploitation. The commissioner shall take into
7.13consideration the findings and recommendations as reported to the legislature on the
7.14results of the safe harbor for sexually exploited youth pilot project authorized by Laws
7.152006, chapter 282, article 13, section 4, paragraph (b). In addition, the commissioner
7.16shall seek recommendations from prosecutors, public safety officials, public health
7.17professionals, child protection workers, and service providers.
7.18(b) By January 15, 2013, the commissioner of public safety shall report to the chairs
7.19and ranking minority members of the senate and house of representatives divisions having
7.20jurisdiction over health and human services and criminal justice funding and policy on the
7.21development of the statewide model, including recommendations for additional legislation
7.22or funding for services for sexually exploited youth or youth at risk of sexual exploitation.
7.23(c) As used in this section, "sexually exploited youth" has the meaning given in
7.24section 260C.007, subdivision 31.
7.25EFFECTIVE DATE.This section is effective August 1, 2011.
7.26 Sec. 10.
REPEALER.
7.27Minnesota Statutes 2010, sections 260B.141, subdivision 5; and 260C.141,
7.28subdivision 6, are repealed.
7.29EFFECTIVE DATE.This section is effective August 1, 2014.
7.32 Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:
8.1 Subd. 4.
Patron. "Patron" means an individual who
hires or offers or agrees
8.2engages in prostitution by hiring, offering to hire, or agreeing to hire another individual to
8.3engage in sexual penetration or sexual contact.
8.4EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
8.5committed on or after that date.
8.6 Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
8.7 Subd. 8.
Prostitute. "Prostitute" means an individual who engages in prostitution
8.8by being hired, offering to be hired, or agreeing to be hired by another individual to
8.9engage in sexual penetration or sexual contact.
8.10EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
8.11committed on or after that date.
8.12 Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:
8.13 Subd. 9.
Prostitution. "Prostitution" means
engaging or offering or agreeing to
8.14engage for hire hiring, offering to hire, or agreeing to hire another individual to engage in
8.15sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
8.16hired by another individual to engage in sexual penetration or sexual contact.
8.17EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
8.18committed on or after that date.
8.19 Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:
8.20 Subd. 2.
Prostitution in public place; penalty for patrons. Whoever
, while acting
8.21as a patron, intentionally does any of the following while in a public place is guilty of a
8.22gross misdemeanor:
8.23(1) engages in prostitution with an individual 18 years of age or older; or
8.24(2) hires
or, offers
to hire, or agrees to hire an individual 18 years of age or older to
8.25engage in sexual penetration or sexual contact.
8.26Except as otherwise provided in subdivision 4, a person who is convicted of violating this
8.27subdivision
while acting as a patron must, at a minimum, be sentenced to pay a fine
8.28of at least $1,500.
8.29EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
8.30committed on or after that date.
9.1 Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:
9.2 Subd. 3.
General prostitution crimes; penalties for patrons. (a) Whoever
, while
9.3acting as a patron, intentionally does any of the following is guilty of a misdemeanor:
9.4(1) engages in prostitution with an individual 18 years of age or
above older; or
9.5(2) hires
or, offers
to hire, or agrees to hire an individual 18 years of age or
above
9.6older to engage in sexual penetration or sexual contact. Except as otherwise provided in
9.7subdivision 4, a person who is convicted of violating this paragraph
while acting as a
9.8patron must, at a minimum, be sentenced to pay a fine of at least $500.
9.9(b) Whoever violates the provisions of this subdivision within two years of a
9.10previous prostitution conviction for violating this section or section
609.322 is guilty
9.11of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
9.12is convicted of violating this paragraph
while acting as a patron must, at a minimum,
9.13be sentenced as follows:
9.14(1) to pay a fine of at least $1,500; and
9.15(2) to serve 20 hours of community work service.
9.16The court may waive the mandatory community work service if it makes specific,
9.17written findings that the community work service is not feasible or appropriate under the
9.18circumstances of the case.
9.19EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
9.20committed on or after that date.
9.21 Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
9.22to read:
9.23 Subd. 6. Prostitution in public place; penalty for prostitutes. Whoever, while
9.24acting as a prostitute, intentionally does any of the following while in a public place is
9.25guilty of a gross misdemeanor:
9.26(1) engages in prostitution with an individual 18 years of age or older; or
9.27(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
9.28or older to engage in sexual penetration or sexual contact.
9.29EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
9.30committed on or after that date.
9.31 Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
9.32to read:
10.1 Subd. 7. General prostitution crimes; penalties for prostitutes. (a) Whoever,
10.2while acting as a prostitute, intentionally does any of the following is guilty of a
10.3misdemeanor:
10.4(1) engages in prostitution with an individual 18 years of age or older; or
10.5(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
10.6or older to engage in sexual penetration or sexual contact.
10.7(b) Whoever violates the provisions of this subdivision within two years of a
10.8previous prostitution conviction for violating this section or section 609.322 is guilty
10.9of a gross misdemeanor.
10.10EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
10.11committed on or after that date."
10.12Amend the title accordingly