A bill for an act
relating to delinquency; extending the jurisdiction of the juvenile courts to
individuals under age 21; including individuals aged 16 to 20 who are alleged to
have committed murder in the first degree in the definition of delinquent child;
eliminating the presumption that certain individuals will be certified as adults;
amending the public safety factors a court must consider before ordering that a
case charge in juvenile court be certified for trial in adult court; removing the
ability of a prosecutor to designate a proceeding as an extended jurisdiction juvenile
procedure; extending the jurisdiction of the juvenile court over individuals
adjudicated delinquent in extended jurisdiction juvenile proceedings to age 24;
limiting the period of supervision over juveniles adjudicated to be delinquent;
making certain technical and conforming changes; amending Minnesota Statutes
2022, sections 260B.007, subdivisions 3, 6, 16; 260B.101, subdivision 1; 260B.103,
subdivisions 1, 2, 3; 260B.125, subdivisions 1, 2, 4, 5, 6, 8; 260B.130, subdivisions
1, 4, 5; 260B.141, subdivision 4; 260B.163, subdivisions 1, 6, 7, 8, 9; 260B.193,
subdivisions 1, 5; 260B.198, subdivisions 7, 9; 260B.255, subdivision 1; 260B.331,
subdivision 4; 260B.415, subdivision 1; 609.055, subdivision 2; Minnesota Statutes
2023 Supplement, sections 260B.157, subdivision 1; 260B.171, subdivision 5;
repealing Minnesota Statutes 2022, sections 260B.101, subdivision 2; 260B.125,
subdivisions 3, 10; 260B.130, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 260B.007, subdivision 3, is amended to read:


Subd. 3.

Child.

"Child" means an individual under deleted text begin 18deleted text end new text begin 21new text end years of age and includes any
minor alleged to have been delinquent or a juvenile traffic offender prior to having become
deleted text begin 18deleted text end new text begin 21new text end years of age.

Sec. 2.

Minnesota Statutes 2022, section 260B.007, subdivision 6, is amended to read:


Subd. 6.

Delinquent child.

(a) Except as otherwise provided in paragraphs (b) and (c),
"delinquent child" means a child:

(1) who has violated any state or local law, except as provided in section 260B.225,
subdivision 1
, 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.

deleted text begin (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.
deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end The term delinquent child does not include a child alleged to have engaged in
conduct which would, if committed by an adult, violate any federal, state, or local law
relating to being hired, offering to be hired, or agreeing to be hired by another individual
to engage in sexual penetration or sexual conduct.

Sec. 3.

Minnesota Statutes 2022, 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 609.685, or a violation of a local ordinance, which by its terms prohibits conduct
by a child under the age of deleted text begin 18deleted text end new text begin 21new text end 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 518B.01, 588.20, 609.224, 609.2242,
609.324, subdivision 2 or 3, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or
617.23;

(2) a major traffic offense or an adult court traffic offense, as described in section
260B.225;

(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 offense; or

(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
term juvenile petty offender does not include a child alleged to have violated any law relating
to being hired, offering to be hired, or agreeing to be hired by another individual to engage
in sexual penetration or sexual conduct which, if committed by an adult, would be a
misdemeanor.

Sec. 4.

Minnesota Statutes 2022, section 260B.101, subdivision 1, is amended to read:


Subdivision 1.

Children who are delinquent.

Except as provided in sections 260B.125
and 260B.225, the juvenile court has original and exclusive jurisdiction in proceedings
concerning any child who is alleged to be delinquent, a juvenile traffic offender, a juvenile
petty offender, and in proceedings concerning any deleted text begin minordeleted text end new text begin personnew text end alleged to have been a
delinquent, a juvenile petty offender, or a juvenile traffic offender prior to having become
deleted text begin 18deleted text end new text begin 21new text end years of age. The juvenile court shall deal with such a deleted text begin minordeleted text end new text begin personnew text end as it deals with
any other child who is alleged to be delinquent or a juvenile traffic offender.

Sec. 5.

Minnesota Statutes 2022, section 260B.103, subdivision 1, is amended to read:


Subdivision 1.

Transfers required.

Except where a juvenile court has certified an
alleged violation in accordance with the provisions of section 260B.125deleted text begin , the child is alleged
to have committed murder in the first degree after becoming 16 years of age,
deleted text end or a court has
original jurisdiction of a child who has committed an adult court traffic offense, as defined
in section 260B.225, subdivision 1, paragraph (c), a court other than a juvenile court shall
immediately transfer to the juvenile court of the county the case of a deleted text begin minordeleted text end new text begin personnew text end who
appears before the court on a charge of violating any state or local law or ordinance and
who is under deleted text begin 18deleted text end new text begin 21new text end years of age or who was under deleted text begin 18deleted text end new text begin 21new text end years of age at the time of the
commission of the alleged offense.

Sec. 6.

Minnesota Statutes 2022, section 260B.103, subdivision 2, is amended to read:


Subd. 2.

Certificate.

The court transfers the case by filing with the judge or court
administrator of juvenile court a certificate showing the name, age, and residence of the
deleted text begin minordeleted text end new text begin personnew text end , the names and addresses of the deleted text begin minor'sdeleted text end new text begin person'snew text end parent or guardian, if new text begin the
person is a minor and the names and addresses are
new text end known, and the reasons for appearance
in court, together with all the papers, documents, and testimony connected therewith. The
certificate has the effect of a petition filed in the juvenile court, unless the judge of the
juvenile court directs the filing of a new petition, which shall supersede the certificate of
transfer.

Sec. 7.

Minnesota Statutes 2022, section 260B.103, subdivision 3, is amended to read:


Subd. 3.

Order to be taken.

The transferring court shall order the deleted text begin minordeleted text end new text begin personnew text end to be
taken immediately to the juvenile court and in no event shall detain the deleted text begin minordeleted text end new text begin personnew text end for
longer than 48 hours after the appearance of the minor in the transferring court. The
transferring court may release the deleted text begin minordeleted text end new text begin personnew text end to the custody of a parent, guardian,
custodian, or other person designated by the court on the condition that the deleted text begin minordeleted text end new text begin personnew text end
will appear in juvenile court as directed. The transferring court may require the person given
custody of the deleted text begin minordeleted text end new text begin person being releasednew text end to post such bail or bond as may be approved
by the court which shall be forfeited to the juvenile court if the deleted text begin minordeleted text end