.................... moves to amend H.F. No. 440 as follows:
Delete everything after the enacting clause and insert:
1.6The amounts shown in this section summarize direct appropriations, by fund, made
1.7in this article.
|Section 1. SUMMARY OF APPROPRIATIONS.
1.13The sums shown in the columns marked "Appropriations" are appropriated to the
1.14agencies and for the purposes specified in this section. The appropriations are from the
1.15general fund, or another named fund, and are available for the fiscal years indicated
1.16for each purpose. The figures "2012" and "2013" used in this article mean that the
1.17appropriation listed under them is available for the fiscal year ending June 30, 2012,
1.18or June 30, 2013, respectively.
|Sec. 2. APPROPRIATIONS.
||Available for the Year
||Ending June 30
|Sec. 3. SUPREME COURT
2.1The amounts that may be spent for each
2.2purpose are specified in the following
|Subdivision 1.Total Appropriation
2.5(a) Contingent Account. $5,000 each year
2.6is for a contingent account for expenses
2.7necessary for the normal operation of the
2.8court for which no other reimbursement is
2.10(b) Judicial and Referee Vacancies.
2.11The Supreme Court shall not certify a
2.12judicial or referee vacancy under Minnesota
2.13Statutes, section 2.722, until it has examined
2.14alternative options, such as temporarily
2.15suspending certification of the vacant
2.16position or assigning a retired judge to
2.17temporarily fill the position.
2.18(c) Employee Healthcare. The chief
2.19justice of the Supreme Court shall study and
2.20report to the chairs and ranking minority
2.21members of the house and senate committees
2.22with jurisdiction over judiciary finance by
2.23January 15, 2012, on the advantages and
2.24disadvantages of having judicial branch
2.25officials and employees leave the state
2.26employee group insurance program and
2.27form their own group benefit plan, including
2.28the option of shifting to a plan based on
2.29high-deductible health savings accounts.
|Subd. 2.Supreme Court Operations
2.31(a) Legal Services to Low-Income
2.32Clients in Family Law Matters. Of this
2.33appropriation, $877,000 each year is to
2.34improve the access of low-income clients to
3.1legal representation in family law matters.
3.2This appropriation must be distributed
3.3under Minnesota Statutes, section 480.242,
3.4to the qualified legal services programs
3.5described in Minnesota Statutes, section
3.6480.242, subdivision 2, paragraph (a). Any
3.7unencumbered balance remaining in the first
3.8year does not cancel and is available in the
3.10(b) Limits on services. No portion of the
3.11funds appropriated may be used to represent
3.12or serve clients: (1) in federal civil or
3.13criminal matters outside the jurisdiction of
3.14the state courts or agencies; (2) in suing
3.15or filing a claim with or against a state or
3.16federal entity; and (3) in advocating at the
3.17legislature for or against current or proposed
3.18policy and law.
|Subd. 3.Civil Legal Services
|Sec. 4. COURT OF APPEALS
|Sec. 5. TRIAL COURTS
3.22Case priority. The board shall assign
3.23guardians to clients who are entitled by
3.24statute to representation prior to clients for
3.25whom the courts request guardians but who
3.26are not entitled to a guardian under statute.
|Sec. 6. GUARDIAN AD LITEM BOARD
3.28Operating schedule. At least one tax court
3.29judge shall hold hearings and meetings or
3.30otherwise conduct regular business on all
3.31days that executive branch agencies are open
|Sec. 7. TAX COURT
4.2Membership dues. This appropriation is
4.3to pay the state's membership dues to the
4.4National Uniform Laws Commission. No
4.5portion of this appropriation may be used to
4.6fund the travel or expenses of members of
|Sec. 8. UNIFORM LAWS COMMISSION
|Sec. 9. BOARD ON JUDICIAL STANDARDS
4.10Public defense corporations
4.11representation. Funds appropriated
4.12to public defense corporations shall
4.13only be used to defend clients who are
4.14constitutionally or statutorily entitled to a
4.15public defender and who meet the income
4.16eligibility standards in Minnesota Statutes,
|Sec. 10. BOARD OF PUBLIC DEFENSE
|Sec. 11. SENTENCING GUIDELINES
4.21 No portion of these appropriations may be used for the purchase of motor vehicles
4.22or out-of-state travel that is not directly connected with and necessary to carry out the core
4.23functions of the organizations funded in this article.
|Sec. 12. PROHIBITION ON USE OF
Sec. 13. SALARY FREEZE.
4.25(a) Effective July 1, 2011, a state employee funded under this article may not receive
4.26a salary or wage increase. This section prohibits any increases, including but not limited
4.27to: across-the-board increases; cost-of-living adjustments; increases based on longevity;
4.28step increases; increases in the form of lump-sum payments; increases in employer
4.29contributions to deferred compensation plans; or any other pay grade adjustments of any
4.30kind. This section does not prohibit an increase in the rate of salary and wages for an
5.1employee who is promoted or transferred to a position with greater responsibilities and
5.2with a higher salary or wage rate.
5.3(b) A state appointing authority may not enter into a collective bargaining agreement
5.4or implement a compensation plan that increases salary or wages in a manner prohibited
5.5by this section. Neither a state appointing authority nor an exclusive representative of state
5.6employees may request interest arbitration in relation to an increase in salary or wages that
5.7is prohibited by this section, and an arbitrator may not issue an award that would increase
5.8salary or wages in a manner prohibited by this section.
5.9(c) This section expires on June 30, 2013.
5.10EFFECTIVE DATE.Paragraph (b) is effective the day following final enactment.
5.11Paragraph (a) is effective June 30, 2011.
Sec. 14. CAPPING MILEAGE REIMBURSEMENT.
5.13For entities funded by an appropriation in this bill, no official or employee may be
5.14reimbursed for mileage expenses at a rate that exceeds $0.51 per mile. No entity may enter
5.15into a collective bargaining agreement or compensation plan that conflicts with this section.
5.17COURTS AND SENTENCING
Section 1. Minnesota Statutes 2010, section 169.79, subdivision 6, is amended to read:
Subd. 6. Other motor vehicles.
If the motor vehicle is any kind of motor vehicle
other than those provided for in subdivisions 2 to 4,
one plate two plates
must be displayed
on. One plate must be displayed at
and one on the rear
of the vehicle and one
5.22at the back. The two plates must either be mounted on the front and rear bumpers of
5.23the vehicle or on the front and back of the vehicle exterior in places designed to hold a
Sec. 2. Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:
Subd. 4. Penalty.
(a) A person who violates this section is guilty of a misdemeanor.
A person is guilty of a gross misdemeanor who violates this section within ten years
of the first of two prior convictions under this section, section
, or a statute or
ordinance in conformity with one of those sections. The operator of a vehicle who violates
subdivision 3 and who causes or contributes to causing a vehicle accident that results in
the death of any person or in substantial bodily harm to any person, as defined in section
5.32609.02, subdivision 7a
, is guilty of a gross misdemeanor. The same prosecuting authority
who is responsible for prosecuting misdemeanor violations of this section is responsible
for prosecuting gross misdemeanor violations of this section. In addition to any sentence
of imprisonment that the court may impose on a person convicted of violating this section,
the court shall impose a fine of not less than $200 nor more than the maximum amount
authorized by law. The court may allow community service in lieu of any fine imposed if
the defendant is indigent.
6.6(b) A driver who is the owner of the vehicle may, no later than the date and time
6.7specified in the citation for the driver's first court appearance, produce proof of insurance
6.8stating that security had been provided for the vehicle that was being operated at the time
6.9of demand to the court administrator. The required proof of insurance may be sent by mail
6.10by the driver as long as it is received no later than the date and time specified in the
6.11citation for the driver's first court appearance. If a citation is issued, no person shall be
6.12convicted of violating this section if the court administrator receives the required proof of
6.13insurance no later than the date and time specified in the citation for the driver's first court
6.14appearance. If the charge is made other than by citation, no person shall be convicted of
6.15violating this section if the person presents the required proof of insurance at the person's
6.16first court appearance after the charge is made.
6.17(c) If the driver is not the owner of the vehicle, the driver shall, no later than the
6.18date and time specified in the citation for the driver's first court appearance, provide the
6.19district court administrator with proof of insurance or the name and address of the owner.
6.20Upon receipt of the name and address of the owner, the district court administrator shall
6.21communicate the information to law enforcement agency.
6.22(d) If the driver is not the owner of the vehicle, the officer may send or provide a
6.23notice to the owner of the vehicle requiring the owner to produce proof of insurance for
6.24the vehicle that was being operated at the time of the demand. Notice by mail is presumed
6.25to be received five days after mailing and shall be sent to the owner's current address or the
6.26address listed on the owner's driver's license. Within ten days after receipt of the notice,
6.27the owner shall produce the required proof of insurance to the place stated in the notice
6.28received by the owner. The required proof of insurance may be sent by mail by the owner
6.29as long as it is received within ten days. Any owner who fails to produce proof of insurance
6.30within ten days of an officer's request under this subdivision is guilty of a misdemeanor.
6.31The peace officer may mail the citation to the owner's current address or address stated
6.32on the owner's driver's license. It is an affirmative defense to a charge against the owner
6.33that the driver used the owner's vehicle without consent, if insurance would not have been
6.34required in the absence of the unauthorized use by the driver. It is not a defense that a
6.35person failed to notify the Department of Public Safety of a change of name or address as
6.36required under section 171.11. The citation may be sent after the ten-day period.
The court may impose consecutive sentences for offenses arising out of a
single course of conduct as permitted in section
609.035, subdivision 2
In addition to the criminal penalty, the driver's license of an operator convicted
under this section shall be revoked for not more than 12 months. If the operator is also an
owner of the vehicle, the registration of the vehicle shall also be revoked for not more
than 12 months. Before reinstatement of a driver's license or registration, the operator
shall file with the commissioner of public safety the written certificate of an insurance
carrier authorized to do business in this state stating that security has been provided by the
operator as required by section
The commissioner shall include a notice of the penalties contained in this
section on all forms for registration of vehicles required to maintain a plan of reparation
Sec. 3. Minnesota Statutes 2010, section 357.021, subdivision 6, is amended to read:
Subd. 6. Surcharges on criminal and traffic offenders.
(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
than one offense in a case, the surcharge shall be imposed only once in that case. In the
Second Judicial District, the court shall impose, and the court administrator shall collect,
an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
is convicted of a petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it to
the commissioner of management and budget.
(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the court administrator or other entity collecting the surcharge imposed by
(f) A person who
successfully completes a diversion or similar program enters
8.9a diversion program, continuance without prosecution, continuance for dismissal, or
8.10stay of adjudication
for a violation of chapter 169 must pay the surcharge described in
this subdivision. A surcharge imposed under this paragraph shall be imposed only once
(g) The surcharge does not apply to administrative citations issued pursuant to
Sec. 4. Minnesota Statutes 2010, section 563.01, subdivision 3, is amended to read:
Subd. 3. Authorization of forma pauperis. (a)
Any court of the state of Minnesota
or any political subdivision thereof may authorize the commencement or defense of any
civil action, or appeal therein, without prepayment of fees, costs and security for costs by
a natural person who makes affidavit stating (a) the nature of the action, defense or appeal,
(b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to
pay the fees, costs and security for costs.
Upon a finding by the court that the action is not of a frivolous nature, the court
shall allow the person to proceed in forma pauperis if the affidavit is substantially in the
language required by this subdivision and is not found by the court to be untrue. Persons
meeting the requirements of this subdivision include, but are not limited to, a person who
is receiving public assistance, who is represented by an attorney on behalf of a civil legal
services program or a volunteer attorney program based on indigency, or who has an
annual income not greater than 125 percent of the poverty line established under United
States Code, title 42, section 9902(2), except as otherwise provided by section
8.30(c) If, at or following commencement of the action, the party is or becomes able
8.31to pay a portion of the fees, costs, and security for costs, the court may order any of
8.33(1) payment of a fee of not less than $75;
8.34(2) partial payment of fees, costs, and security for costs; or
9.1(3) reimbursement of all or a portion of fees, costs, and security for costs paid in
9.2monthly payments as directed by the court.
9.3The court administrator shall transmit any fees or payments to the commissioner of
9.4management and budget for deposit in the state treasury and credit them to the general
9.6EFFECTIVE DATE.This section is effective July 1, 2011.
Section 1. Minnesota Statutes 2010, section 609.131, subdivision 1, is amended to read:
Subdivision 1. General rule.
Except as provided in subdivision 2, an alleged
misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney
believes that it is in the interest of justice that the defendant not be imprisoned if convicted
and certifies that belief to the court at or before the time of arraignment or pretrial hearing,
and the court approves of the certification motion. Prior to the appointment of a public
9.15defender to represent a defendant charged with a misdemeanor, the court shall inquire of
9.16the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor.
The defendant's consent to the certification is not required. When an offense is certified
as a petty misdemeanor under this section, the
defendant's eligibility for court-appointed
9.19 counsel must be evaluated as though the offense were a misdemeanor defendant is not
9.20eligible for the appointment of a public defender
Sec. 2. Minnesota Statutes 2010, section 611.16, is amended to read:
9.22611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
Any person described in section
or any other person entitled by law to
9.24 representation by counsel,
may at any time request the court in which the matter is pending,
or the court in which the conviction occurred, to appoint a public defender to represent the
person. In a proceeding defined by
clause (2) of
, clause (2),
the appointment of a public defender may also be made to a judge of the Supreme Court.
Sec. 3. Minnesota Statutes 2010, section 611.17, is amended to read:
9.29611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
9.30STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
(a) Each judicial district must screen requests for representation by the district public
defender. A defendant is financially unable to obtain counsel if:
(1) the defendant
, or any dependent of the defendant who resides in the same
10.2 household as the defendant, receives means-tested governmental benefits; or is charged
10.3with a misdemeanor and has an annual household income not greater than 125 percent of
10.4the poverty guidelines updated periodically in the Federal Register by the United States
10.5Department of Health and Human Services under the authority of United States Code,
10.6title 42, section 9902(2);
10.7(2) the defendant is charged with a gross misdemeanor and has an annual household
10.8income not greater than 150 percent of the poverty guidelines updated periodically in the
10.9Federal Register by the United States Department of Health and Human Services under
10.10the authority of United States Code, title 42, section 9902(2);
10.11(3) the defendant is charged with a felony and has an annual household income not
10.12greater than 175 percent of the poverty guidelines updated periodically in the Federal
10.13Register by the United States Department of Health and Human Services under the
10.14authority of United States Code, title 42, section 9902(2); or
10.15 (2) (4) the court determines that
the defendant, through any combination of liquid
assets and current income, would be unable to pay the reasonable costs charged by private
counsel in that judicial district for a defense of the same matter.
(b) Upon a request for the appointment of counsel, the court shall make an
inquiry into the determination of
circumstances eligibility under
of the applicant, who shall submit a financial statement under oath or
affirmation setting forth the applicant's assets and liabilities, including the value of any
real property owned by the applicant, whether homestead or otherwise, less the amount of
any encumbrances on the real property, the source or sources of income, and any other
information required by the court. The applicant shall be under a continuing duty while
represented by a public defender to disclose any changes in the applicant's financial
that might be relevant to the applicant's eligibility for a public defender
The state public defender shall furnish appropriate forms for the financial statements,
10.28which must be used by the district courts throughout the state
. The forms must contain
conspicuous notice of the applicant's continuing duty to disclose to the court changes in
the applicant's financial circumstances. The forms must also contain conspicuous notice
of the applicant's obligation to make a co-payment for the services of the district public
defender, as specified under paragraph (c). The information contained in the statement
shall be confidential and for the exclusive use of the court and the public defender
appointed by the court to represent the applicant
except for any prosecution under
. A refusal to execute the financial statement or produce financial records
constitutes a waiver of the right to the appointment of a public defender. The court shall
not appoint a district public defender to a defendant who is financially able to retain
private counsel but refuses to do so.
An inquiry to determine financial eligibility of a defendant for the appointment of
the district public defender shall be made whenever possible prior to the court appearance
and by such persons as the court may direct. This inquiry may be combined with the
prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
In no case shall the district public defender be required to perform this
11.8 inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
11.9 conduct a financial inquiry.
The inquiry must include the following:
(1) the liquidity of real estate assets, including the defendant's homestead;
(2) any assets that can be readily converted to cash or used to secure a debt;
(3) the determination of whether the transfer of an asset is voidable as a fraudulent
(4) the value of all property transfers occurring on or after the date of the alleged
offense. The burden is on the accused to show that the accused is financially unable
to afford counsel. Defendants who fail to provide information necessary to determine
eligibility shall be deemed ineligible. The court must not appoint the district public
defender as advisory counsel.
(c) Upon disposition of the case, an individual who has received public defender
services shall pay to the court a $75 co-payment for representation provided by a public
defender, unless the co-payment is, or has been, reduced in part or
waived by the court.
The co-payment must be credited to the general fund. If a term of probation is
imposed as a part of an offender's sentence, the co-payment required by this section must
not be made a condition of probation. The co-payment required by this section is a civil
obligation and must not be made a condition of a criminal sentence.
11.26(d) The court shall not appoint a public defender to a defendant who is financially
11.27able to retain counsel but refuses to do so, refuses to execute the financial statement or
11.28refuses to provide information necessary to determine financial eligibility under this
11.29section, or waives appointment of a public defender under section 611.19.
Sec. 4. Minnesota Statutes 2010, section 611.18, is amended to read:
11.31611.18 APPOINTMENT OF PUBLIC DEFENDER.
If it appears to a court that a person requesting the appointment of counsel satisfies
the requirements of this chapter, the court shall order the
public defender to
represent the person
at all further stages of the proceeding through appeal, if any
. For a
person appealing from a conviction, or a person pursuing a postconviction proceeding
and who has not already had a direct appeal of the conviction, according to the standards
611.14, clause (2),
611.25, subdivision 1
, paragraph (a), clause (2), the
state chief appellate
public defender shall be appointed. For a person covered by section
, clause (1),
a (3), or (4), the chief
district public defender shall be appointed to
represent that person.
If (a) conflicting interests exist, (b) the district public defender for
12.6 any other reason is unable to act, or (c) the interests of justice require, the state public
12.7 defender may be ordered to represent a person. When the state public defender is directed
12.8 by a court to represent a defendant or other person, the state public defender may assign
12.9 the representation to any district public defender.
If at any stage of the proceedings
12.10 including an appeal,
the court finds that the defendant is financially unable to pay counsel
whom the defendant had retained, the court may appoint the
to represent the defendant, as provided in this section. Prior to any court appearance, a
public defender may represent a person accused of violating the law, who appears to be
financially unable to obtain counsel
, and shall continue to represent the person unless it
12.15 is subsequently determined that the person is financially able to obtain counsel
representation may be made available at the discretion of the public defender
, upon the
12.17 request of the person or someone on the person's behalf. Any law enforcement officer may
12.18 notify the public defender of the arrest of any such person
Sec. 5. Minnesota Statutes 2010, section 611.20, subdivision 3, is amended to read:
Subd. 3. Reimbursement.
In each fiscal year, the commissioner of management
and budget shall deposit the payments in the special revenue fund and credit them to a
separate account with the Board of Public Defense. The amount credited to this account is
appropriated to the Board of Public Defense.
The balance of this account does not cancel but is available until expended.
Expenditures by the board from this account for each judicial district public defense office
must be based on the amount of the payments received by the state from the courts in
each judicial district.
A district public defender's office that receives money under this
12.28 subdivision shall use the money to supplement office overhead payments to part-time
12.29 attorneys providing public defense services in the district.
By January 15 of each year,
the Board of Public Defense shall report to the chairs and ranking minority members of
the senate and house of representatives divisions having jurisdiction over criminal justice
funding on the amount appropriated under this subdivision, the number of cases handled
by each district public defender's office, the number of cases in which reimbursements
were ordered, and
the average amount of reimbursement ordered
, and the average amount
12.35 of money received by part-time attorneys under this subdivision
13.1EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 6. Minnesota Statutes 2010, section 611.20, subdivision 4, is amended to read:
Subd. 4. Employed defendants; ability to pay. (a)
A court shall order a defendant
who is employed when a public defender is appointed, or who becomes employed while
represented by a public defender, or who is or becomes able to make partial payments
to reimburse the state for the cost of the public defender. If reimbursement
is required under this subdivision, the court shall order the reimbursement when a
public defender is first appointed or as soon as possible after the court determines that
reimbursement is required. The court may accept partial reimbursement from the
defendant if the defendant's financial circumstances warrant a reduced reimbursement
The court may consider the guidelines in subdivision 6 in determining a
13.12 defendant's reimbursement schedule.
If a defendant does not agree to make payments,
the court may order the defendant's employer to withhold a percentage of the defendant's
income to be turned over to the court.
The percentage to be withheld may be determined
13.15 under subdivision 6 In determining the percentage to be withheld, the court shall consider
13.16the income and assets of the defendant based on the financial statement provided by the
13.17defendant when applying for the public defender under section 611.17
13.18(b) If a court determines under section 611.17 that a defendant is financially unable to
13.19pay the reasonable costs charged by private counsel due to the cost of a private retainer fee,
13.20the court shall evaluate the defendant's ability to make partial payments or reimbursement.
Sec. 7. REPEALER.
13.22Minnesota Statutes 2010, section 611.20, subdivision 6, is repealed.
13.24SEXUALLY EXPLOITED YOUTH
Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to
Subd. 6. Delinquent child.
(a) Except as otherwise provided in
(b) and (c)
, "delinquent child" means a child:
(1) who has violated any state or local law, except as provided in section
, and except for juvenile offenders as described in subdivisions 16 to 18;
(2) who has violated a federal law or a law of another state and whose case has been
referred to the juvenile court if the violation would be an act of delinquency if committed
in this state or a crime or offense if committed by an adult;
(3) who has escaped from confinement to a state juvenile correctional facility after
being committed to the custody of the commissioner of corrections; or
(4) who has escaped from confinement to a local juvenile correctional facility after
being committed to the facility by the court.
(b) The term delinquent child does not include a child alleged to have committed
murder in the first degree after becoming 16 years of age, but the term delinquent child
does include a child alleged to have committed attempted murder in the first degree.
14.8(c) The term delinquent child does not include a child who is alleged to have
14.9engaged in conduct which would, if committed by an adult, violate any federal, state, or
14.10local law relating to being hired, offering to be hired, or agreeing to be hired by another
14.11individual to engage in sexual penetration or sexual conduct.
14.12EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
14.13offenses committed on or after that date.
Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:
Subd. 16. Juvenile petty offender; juvenile petty offense.
(a) "Juvenile petty
offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
a violation of section
, or a violation of a local ordinance, which by its terms
prohibits conduct by a child under the age of 18 years which would be lawful conduct if
committed by an adult.
(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
includes an offense that would be a misdemeanor if committed by an adult.
(c) "Juvenile petty offense" does not include any of the following:
(1) a misdemeanor-level violation of section
, subdivision 2, 609.324, subdivision 3,
(2) a major traffic offense or an adult court traffic offense, as described in section
(3) a misdemeanor-level offense committed by a child whom the juvenile court
previously has found to have committed a misdemeanor, gross misdemeanor, or felony
(4) a misdemeanor-level offense committed by a child whom the juvenile court
has found to have committed a misdemeanor-level juvenile petty offense on two or
more prior occasions, unless the county attorney designates the child on the petition
as a juvenile petty offender notwithstanding this prior record. As used in this clause,
"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
15.4term juvenile petty offender does not include a child alleged to have violated any law
15.5relating to being hired, offering to be hired, or agreeing to be hired by another individual
15.6to engage in sexual penetration or sexual conduct which, if committed by an adult, would
15.7be a misdemeanor.
15.8EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
15.9offenses committed on or after that date.
Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:
Subd. 6. Child in need of protection or services.
"Child in need of protection or
services" means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in section
subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
as defined in subdivision 15;
(3) is without necessary food, clothing, shelter, education, or other required care
for the child's physical or mental health or morals because the child's parent, guardian,
or custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to
provide that care;
(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the failure to respond to the
infant's life-threatening conditions by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in ameliorating or correcting all
conditions, except that the term does not include the failure to provide treatment other
than appropriate nutrition, hydration, or medication to an infant when, in the treating
physician's or physicians' reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival
of the infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to be
relieved of the child's care and custody, including a child who entered foster care under a
voluntary placement agreement between the parent and the responsible social services
agency under section
260C.212, subdivision 8
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental, or physical
disability, or state of immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;
has engaged in prostitution as defined in section
609.321, subdivision 9 is a
16.19sexually exploited youth as defined in subdivision 31
(12) has committed a delinquent act or a juvenile petty offense before becoming
ten years old;
(13) is a runaway;
(14) is a habitual truant;
(15) has been found incompetent to proceed or has been found not guilty by reason
of mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section
, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense; or
(16) has a parent whose parental rights to one or more other children were
involuntarily terminated or whose custodial rights to another child have been involuntarily
transferred to a relative and there is a case plan prepared by the responsible social services
agency documenting a compelling reason why filing the termination of parental rights
petition under section
260C.301, subdivision 3
, is not in the best interests of the child.
16.33EFFECTIVE DATE.This section is effective August 1, 2011.
Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:
Subd. 11. Delinquent child.
means a child:
17.1 (1) who has violated any state or local law, except as provided in section
, and except for juvenile offenders as described in subdivisions 19 and 28; or
17.3 (2) who has violated a federal law or a law of another state and whose case has been
17.4 referred to the juvenile court if the violation would be an act of delinquency if committed
17.5 in this state or a crime or offense if committed by an adult has the meaning given in
17.6section 260B.007, subdivision 6
17.7EFFECTIVE DATE.This section is effective August 1, 2011.
Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a
subdivision to read:
17.10 Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an
17.12(1) is alleged to have engaged in conduct which would, if committed by an adult,
17.13violate any federal, state, or local law relating to being hired, offering to be hired, or
17.14agreeing to be hired by another individual to engage in sexual penetration or sexual
17.16(2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451,
17.17609.3453, 609.352, 617.246, or 617.247;
17.18(3) is a victim of a crime described in United States Code, title 18, section 2260;
17.192421; 2422; 2423; 2425; 2425A; or 2256; or
17.20(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.
17.21EFFECTIVE DATE.This section is effective August 1, 2011.
Sec. 6. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
Subd. 8. Prostitute.
"Prostitute" means an individual 18 years of age or older
engages in prostitution.
17.25EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
17.26committed on or after that date.
Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read:
17.28609.3241 PENALTY ASSESSMENT AUTHORIZED.
When a court sentences an adult convicted of violating section
, while acting other than as a prostitute, the court shall impose an assessment of
not less than
and not more than
for a violation of section
, or a misdemeanor violation of section
609.324, subdivision 3
the court shall impose an assessment of not less than
and not more than
mandatory minimum portion of the
is to be used for the purposes
18.4 described in section
626.558, subdivision 2a , shall be distributed as provided in paragraph
and is in addition to the surcharge required by section
357.021, subdivision 6
18.6 portion of the assessment imposed in excess of the mandatory minimum amount shall be
18.7 deposited in an account in the special revenue fund and is appropriated annually to the
18.8 commissioner of public safety. The commissioner, with the assistance of the General
18.9 Crime Victims Advisory Council, shall use money received under this section for grants to
18.10 agencies that provide assistance to individuals who have stopped or wish to stop engaging
18.11 in prostitution. Grant money may be used to provide these individuals with medical care,
18.12 child care, temporary housing, and educational expenses.
18.13(b) The court may not waive payment of the minimum assessment required by
18.14this section. If the defendant qualifies for the services of a public defender or the court
18.15finds on the record that the convicted person is indigent or that immediate payment of
18.16the assessment would create undue hardship for the convicted person or that person's
18.17immediate family, the court may reduce the amount of the minimum assessment to not
18.18less than $100. The court also may authorize payment of the assessment in installments.
18.19(c) The assessment collected under paragraph (a) must be distributed as follows:
18.20(1) 40 percent of the assessment shall be forwarded to the political subdivision that
18.21employs the arresting officer for use in enforcement, training, and education activities
18.22related to combating sexual exploitation of youth, or if the arresting officer is an employee
18.23of the state, this portion shall be forwarded to the commissioner of public safety for those
18.24purposes identified in clause (3);
18.25(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
18.26handled the case for use in training and education activities relating to combating sexual
18.27exploitation activities of youth; and
18.28(3) 40 percent of the assessment must be forwarded to the commissioner of public
18.29safety to be deposited in the safe harbor for youth account in the special revenue fund
18.30and are appropriated to the commissioner for distribution to crime victims services
18.31organizations that provide services to sexually exploited youth, as defined in section
18.32260C.007, subdivision 31.
18.33(d) A safe harbor for youth account is established as a special account in the state
18.35EFFECTIVE DATE.This section is effective August 1, 2011.
Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:
Juvenile prostitution Sexually exploited youth outreach program.
multidisciplinary child protection team may assist the local welfare agency, local law
enforcement agency, or an appropriate private organization in developing a program of
outreach services for
juveniles who are engaging in prostitution sexually exploited youth,
19.6including homeless, runaway, and truant youth who are at risk of sexual exploitation
For the purposes of this subdivision, at least one representative of a youth intervention
program or, where this type of program is unavailable, one representative of a nonprofit
agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
child protection team in addition to the standing members of the team. These services may
include counseling, medical care, short-term shelter, alternative living arrangements, and
The county may finance these services by means of the penalty assessment
19.13 authorized by section
A juvenile's receipt of intervention services under this
subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
19.15EFFECTIVE DATE.This section is effective August 1, 2011.
Sec. 9. SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY
19.17EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.
19.18(a) If sufficient funding from outside sources is donated, the commissioner of public
19.19safety shall develop a statewide model as provided in this section. By June 30, 2012,
19.20the commissioner of public safety, in consultation with the commissioner of health and
19.21the commissioner of human services, shall develop a victim services model to address
19.22the needs of sexually exploited youth and youth at risk of sexual exploitation. The
19.23commissioner shall take into consideration the findings and recommendations as reported
19.24to the legislature on the results of the safe harbor for sexually exploited youth pilot project
19.25authorized by Laws 2006, chapter 282, article 13, section 4, paragraph (b). In addition,
19.26the commissioner shall seek recommendations from prosecutors, public safety officials,
19.27public health professionals, child protection workers, and service providers.
19.28(b) By January 15, 2013, the commissioner of public safety shall report to the chairs
19.29and ranking minority members of the senate and house of representatives divisions having
19.30jurisdiction over health and human services and criminal justice funding and policy on the
19.31development of the statewide model, including recommendations for additional legislation
19.32or funding for services for sexually exploited youth or youth at risk of sexual exploitation.
19.33(c) As used in this section, "sexually exploited youth" has the meaning given in
19.34section 260C.007, subdivision 31.
20.1EFFECTIVE DATE.This section is effective August 1, 2011.
Sec. 10. REPEALER.
20.3Minnesota Statutes 2010, sections 260B.141, subdivision 5; and 260C.141,
20.4subdivision 6, are repealed.
20.5EFFECTIVE DATE.This section is effective August 1, 2014.
Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:
Subd. 4. Patron.
"Patron" means an individual who
hires or offers or agrees
20.10engages in prostitution by hiring, offering to hire, or agreeing
to hire another individual to
engage in sexual penetration or sexual contact.
20.12EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
20.13committed on or after that date.
Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
Subd. 8. Prostitute.
"Prostitute" means an individual who engages in prostitution
20.16by being hired, offering to be hired, or agreeing to be hired by another individual to
20.17engage in sexual penetration or sexual contact
20.18EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
20.19committed on or after that date.
Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:
Subd. 9. Prostitution.
engaging or offering or agreeing to
20.22 engage for hire hiring, offering to hire, or agreeing to hire another individual to engage in
20.23sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
20.24hired by another individual to engage
in sexual penetration or sexual contact.
20.25EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
20.26committed on or after that date.
Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:
Subd. 2. Prostitution in public place; penalty for patrons.
Whoever, while acting
21.2as a patron,
intentionally does any of the following while in a public place is guilty of a
(1) engages in prostitution with an individual 18 years of age or older; or
offers to hire,
or agrees to hire an individual 18 years of age or older to
engage in sexual penetration or sexual contact.
Except as otherwise provided in subdivision 4, a person who is convicted of violating this
while acting as a patron
must, at a minimum, be sentenced to pay a fine
of at least $1,500.
21.10EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
21.11committed on or after that date.
Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:
Subd. 3. General prostitution crimes; penalties for patrons.
(a) Whoever, while
21.14acting as a patron,
intentionally does any of the following is guilty of a misdemeanor:
(1) engages in prostitution with an individual 18 years of age or
offers to hire,
or agrees to hire an individual 18 years of age or
to engage in sexual penetration or sexual contact. Except as otherwise provided in
subdivision 4, a person who is convicted of violating this paragraph
while acting as a
must, at a minimum, be sentenced to pay a fine of at least $500.
(b) Whoever violates the provisions of this subdivision within two years of a
previous prostitution conviction for violating this section or section
of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
is convicted of violating this paragraph
while acting as a patron
must, at a minimum,
be sentenced as follows:
(1) to pay a fine of at least $1,500; and
(2) to serve 20 hours of community work service.
The court may waive the mandatory community work service if it makes specific,
written findings that the community work service is not feasible or appropriate under the
circumstances of the case.
21.30EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
21.31committed on or after that date.
Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
22.1 Subd. 6. Prostitution in public place; penalty for prostitutes. Whoever, while
22.2acting as a prostitute, intentionally does any of the following while in a public place is
22.3guilty of a gross misdemeanor:
22.4(1) engages in prostitution with an individual 18 years of age or older; or
22.5(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
22.6or older to engage in sexual penetration or sexual contact.
22.7EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
22.8committed on or after that date.
Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
22.11 Subd. 7. General prostitution crimes; penalties for prostitutes. (a) Whoever,
22.12while acting as a prostitute, intentionally does any of the following is guilty of a
22.14(1) engages in prostitution with an individual 18 years of age or older; or
22.15(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
22.16or older to engage in sexual penetration or sexual contact.
22.17(b) Whoever violates the provisions of this subdivision within two years of a
22.18previous prostitution conviction for violating this section or section 609.322 is guilty
22.19of a gross misdemeanor.
22.20EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
22.21committed on or after that date.
Amend the title accordingly