Text of MN SF 4273 (2024)

1.1 A bill for an act​ 1.2 relating to public safety; authorizing city attorneys to file delinquency petitions​ 1.3 for offenses committed by a juvenile when a county attorney declines to file a​ 1.4 petition; authorizing city attorneys to prosecute felony offenses and certain gross​ 1.5 misdemeanor offenses when a county attorney declines to prosecute; authorizing​ 1.6 city attorneys to issue administrative subpoenas in certain cases; making conforming​ 1.7 changes; amending Minnesota Statutes 2022, sections 260B.007, subdivision 16;​ 1.8 260B.141, subdivision 2; 260B.163, subdivision 5; 260B.171, subdivision 4;​ 1.9 260B.335, subdivisions 2, 4; 260B.425, subdivision 2; 388.051, subdivision 2;​ 1.10 388.23, subdivision 1; 390.251; 484.87, subdivision 3.​ 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.12 Section 1. Minnesota Statutes 2022, section 260B.007, subdivision 16, is amended to read:​ 1.13 Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty offense"​ 1.14 includes a juvenile alcohol offense, a juvenile controlled substance offense, a violation of​ 1.15 section 609.685, or a violation of a local ordinance, which by its terms prohibits conduct​ 1.16 by a child under the age of 18 years which would be lawful conduct if committed by an​ 1.17 adult.​ 1.18 (b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes​ 1.19 an offense that would be a misdemeanor if committed by an adult.​ 1.20 (c) "Juvenile petty offense" does not include any of the following:​ 1.21 (1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,​ 1.22 609.324, subdivision 2 or 3, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or​ 1.23 617.23;​ 1.24 (2) a major traffic offense or an adult court traffic offense, as described in section​ 1.25 260B.225;​ 1​ Section 1.​ 24-06339 as introduced​ 01/30/24 REVISOR KLL/DG​ SENATE​ STATE OF MINNESOTA​ S.F. No. 4273​ NINETY-THIRD SESSION​ (SENATE AUTHORS: LIMMER)​ OFFICIAL STATUS​ D-PG​ DATE​ Introduction and first reading​ 02/26/2024​ Referred to Judiciary and Public Safety​ 2.1 (3) a misdemeanor-level offense committed by a child whom the juvenile court previously​ 2.2 has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or​ 2.3 (4) a misdemeanor-level offense committed by a child whom the juvenile court has​ 2.4 found to have committed a misdemeanor-level juvenile petty offense on two or more prior​ 2.5 occasions, unless the county attorney prosecuting authority designates the child on the​ 2.6 petition as a juvenile petty offender notwithstanding this prior record. As used in this clause,​ 2.7 "misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that would​ 2.8 have been a juvenile petty offense if it had been committed on or after July 1, 1995.​ 2.9 (d) A child who commits a juvenile petty offense is a "juvenile petty offender." The​ 2.10 term juvenile petty offender does not include a child alleged to have violated any law relating​ 2.11 to being hired, offering to be hired, or agreeing to be hired by another individual to engage​ 2.12 in sexual penetration or sexual conduct which, if committed by an adult, would be a​ 2.13 misdemeanor.​ 2.14 EFFECTIVE DATE. This section is effective August 1, 2024.​ 2.15 Sec. 2. Minnesota Statutes 2022, section 260B.141, subdivision 2, is amended to read:​ 2.16 Subd. 2. Verification of petition. (a) The petition shall be verified by the person having​ 2.17 knowledge of the facts and may be on information and belief. Unless otherwise provided​ 2.18 by this section or by rule or order of the court, the county attorney shall draft the petition​ 2.19 upon the showing of reasonable grounds to support the petition.​ 2.20 (b) The attorney of a statutory or home rule charter city where the violation is alleged​ 2.21 to have occurred may draft and file the petition in cases where the county attorney declines​ 2.22 to pursue a delinquency petition.​ 2.23 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to violations​ 2.24 committed on or after that date and to violations committed before that date provided the​ 2.25 juvenile court has jurisdiction over the matter pursuant to Minnesota Statutes, sections​ 2.26 260B.101 and 260B.193, subdivision 5.​ 2.27 Sec. 3. Minnesota Statutes 2022, section 260B.163, subdivision 5, is amended to read:​ 2.28 Subd. 5. County attorney Prosecuting authority. The county attorney prosecuting​ 2.29 authority shall present the evidence upon request of the court.​ 2.30 EFFECTIVE DATE. This section is effective August 1, 2024.​ 2​ Sec. 3.​ 24-06339 as introduced​ 01/30/24 REVISOR KLL/DG​ 3.1 Sec. 4. Minnesota Statutes 2022, section 260B.171, subdivision 4, is amended to read:​ 3.2 Subd. 4. Public inspection of records. (a) Legal records arising from proceedings or​ 3.3 portions of proceedings that are public under section 260B.163, subdivision 1, are open to​ 3.4 public inspection.​ 3.5 (b) Except as otherwise provided by this section, none of the records of the juvenile​ 3.6 court and none of the records relating to an appeal from a nonpublic juvenile court​ 3.7 proceeding, except the written appellate opinion, shall be open to public inspection or their​ 3.8 contents disclosed except:​ 3.9 (1) by order of a court; or​ 3.10 (2) as required by chapter 245C or sections 245A.04, 611A.03, 611A.04, 611A.06, and​ 3.11 629.73.​ 3.12 (c) The victim of any alleged delinquent act may, upon the victim's request, obtain the​ 3.13 following information, unless it reasonably appears that the request is prompted by a desire​ 3.14 on the part of the requester to engage in unlawful activities:​ 3.15 (1) the name and age of the juvenile;​ 3.16 (2) the act for which the juvenile was petitioned and date of the offense; and​ 3.17 (3) the disposition, including, but not limited to, dismissal of the petition, diversion,​ 3.18 probation and conditions of probation, detention, fines, or restitution.​ 3.19 (d) The records of juvenile probation officers and county home schools are records of​ 3.20 the court for the purposes of this subdivision. Court services data relating to delinquent acts​ 3.21 that are contained in records of the juvenile court may be released as allowed under section​ 3.22 13.84, subdivision 6. This subdivision applies to all proceedings under this chapter, including​ 3.23 appeals from orders of the juvenile court, except that this subdivision does not apply to​ 3.24 proceedings under section 260B.335 or 260B.425 when the proceeding involves an adult​ 3.25 defendant. The court shall maintain the confidentiality of adoption files and records in​ 3.26 accordance with the provisions of laws relating to adoptions. In juvenile court proceedings​ 3.27 any report or social history furnished to the court shall be open to inspection by the attorneys​ 3.28 of record and the guardian ad litem a reasonable time before it is used in connection with​ 3.29 any proceeding before the court.​ 3.30 (e) When a judge of a juvenile court, or duly authorized agent of the court, determines​ 3.31 under a proceeding under this chapter that a child has violated a state or local law, ordinance,​ 3.32 or regulation pertaining to the operation of a motor vehicle on streets and highways, except​ 3.33 parking violations, the judge or agent shall immediately report the violation to the​ 3​ Sec. 4.​ 24-06339 as introduced​ 01/30/24 REVISOR KLL/DG​ 4.1 commissioner of public safety. The report must be made on a form provided by the​ 4.2 Department of Public Safety and must contain the information required under section 169.95.​ 4.3 (f) A county attorney or city attorney may give a law enforcement agency that referred​ 4.4 a delinquency matter to the county attorney prosecuting authority a summary of the results​ 4.5 of that referral, including the details of any juvenile court disposition.​ 4.6 EFFECTIVE DATE. This section is effective August 1, 2024.​ 4.7 Sec. 5. Minnesota Statutes 2022, section 260B.335, subdivision 2, is amended to read:​ 4.8 Subd. 2. Petition; order to show cause. A request for jurisdiction over a person described​ 4.9 in subdivision 1 shall be initiated by the filing of a verified petition by the county attorney​ 4.10 prosecuting authority having jurisdiction over the place where the child is found, resides,​ 4.11 or where the alleged act of contributing occurred. A prior or pending petition alleging that​ 4.12 the child is delinquent or a juvenile petty offender is not a prerequisite to a petition under​ 4.13 this section. The petition shall allege the factual basis for the claim that the person is​ 4.14 contributing to the child's delinquency or status as a juvenile petty offender. If the court​ 4.15 determines, upon review of the verified petition, that probable cause exists to believe that​ 4.16 the person has contributed to the child's delinquency or status as a juvenile petty offender,​ 4.17 the court shall issue an order to show cause why the person should not be subject to the​ 4.18 jurisdiction of the court. The order to show cause and a copy of the verified petition shall​ 4.19 be served personally upon the person and shall set forth the time and place of the hearing​ 4.20 to be conducted under subdivision 3.​ 4.21 EFFECTIVE DATE. This section is effective August 1, 2024.​ 4.22 Sec. 6. Minnesota Statutes 2022, section 260B.335, subdivision 4, is amended to read:​ 4.23 Subd. 4. Criminal proceedings. The county attorney prosecuting authority may bring​ 4.24 both a criminal proceeding under section 260B.425 and a civil action under this section.​ 4.25 EFFECTIVE DATE. This section is effective August 1, 2024.​ 4.26 Sec. 7. Minnesota Statutes 2022, section 260B.425, subdivision 2, is amended to read:​ 4.27 Subd. 2. Complaint; venue. A complaint under this section may be filed by the county​ 4.28 attorney prosecuting authority having jurisdiction where the child is found, resides, or where​ 4.29 the alleged act of contributing occurred. The complaint may be filed in either the juvenile​ 4.30 or criminal divisions of the district court. A prior or pending petition alleging that the child​ 4​ Sec. 7.​ 24-06339 as introduced​ 01/30/24 REVISOR KLL/DG​ 5.1 is delinquent, a juvenile petty offender, or in need of protection or services is not a​ 5.2 prerequisite to a complaint or a conviction under this section.​ 5.3 EFFECTIVE DATE. This section is effective August 1, 2024.​ 5.4 Sec. 8. Minnesota Statutes 2022, section 388.051, subdivision 2, is amended to read:​ 5.5 Subd. 2. Special provisions. (a) In Anoka, Carver, Dakota, Hennepin, Scott, and​ 5.6 Washington Counties, only the county attorney shall prosecute gross misdemeanor violations​ 5.7 of sections 289A.63, subdivisions 1, 2, 4, and 6; 297B.10; 609.255, subdivision 3; 609.377;​ 5.8 609.378; 609.41; and 617.247.​ 5.9 (b) In Ramsey County, only the county attorney shall prosecute gross misdemeanor​ 5.10 violations of sections 609.255, subdivision 3; 609.377; and 609.378.​ 5.11 (c) The county attorney shall prosecute failure to report physical or sexual child abuse​ 5.12 or neglect as provided under section 260E.08, paragraphs (a), (b), and (c), violations of​ 5.13 fifth-degree criminal sexual conduct under section 609.3451, and environmental law​ 5.14 violations under sections 115.071, 299F.098, and 609.671.​ 5.15 (d) Except in Hennepin and Ramsey Counties, only the county attorney shall prosecute​ 5.16 gross misdemeanor violations of section 152.025.​ 5.17 (e) The attorney of a statutory or home rule charter city where the violation is alleged​ 5.18 to have occurred may prosecute a violation of any statute identified in paragraphs (a) to (d)​ 5.19 in cases where the county attorney declines to prosecute the violation.​ 5.20 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to crimes​ 5.21 committed on or after that date and to crimes committed before that date provided the​ 5.22 limitations period in Minnesota Statutes, section 628.26, has not expired.​ 5.23 Sec. 9. Minnesota Statutes 2022, section 388.23, subdivision 1, is amended to read:​ 5.24 Subdivision 1. Authority. The county attorney, or any deputy or assistant county attorney​ 5.25 whom the county attorney authorizes in writing, has and a city attorney prosecuting a​ 5.26 suspected violation pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3,​ 5.27 have the authority to subpoena and require the production of any records of telephone​ 5.28 companies, cellular phone companies, paging companies, subscribers of private computer​ 5.29 networks including Internet service providers or computer bulletin board systems, electric​ 5.30 companies, gas companies, water utilities, chemical suppliers, hotels and motels, pawn​ 5.31 shops, airlines, buses, taxis, and other entities engaged in the business of transporting people,​ 5.32 and freight companies, warehousing companies, self-service storage facilities, package​ 5​ Sec. 9.​ 24-06339 as introduced​ 01/30/24 REVISOR KLL/DG​ 6.1 delivery companies, and other entities engaged in the businesses of transport, storage, or​ 6.2 delivery, and records of the existence of safe deposit box account numbers and customer​ 6.3 savings and checking account numbers maintained by financial institutions and safe deposit​ 6.4 companies, insurance records relating to the monetary payment or settlement of claims, the​ 6.5 banking, credit card, and financial records of a subject of an identity theft investigation or​ 6.6 a vulnerable adult, whether held in the name of the vulnerable adult or a third party, including​ 6.7 but not limited to safe deposit, loan and account applications and agreements, signature​ 6.8 cards, statements, checks, transfers, account authorizations, safe deposit access records and​ 6.9 documentation of fraud, and wage and employment records of an applicant or recipient of​ 6.10 public assistance who is the subject of a welfare fraud investigation relating to eligibility​ 6.11 information for public assistance programs. Subpoenas may only be issued for records that​ 6.12 are relevant to an ongoing legitimate law enforcement investigation. Administrative​ 6.13 subpoenas may only be issued in welfare fraud and identity theft cases if there is probable​ 6.14 cause to believe a crime has been committed. This provision applies only to the records of​ 6.15 business entities and does not extend to private individuals or their dwellings.​ 6.16 EFFECTIVE DATE. This section is effective August 1, 2024.​ 6.17 Sec. 10. Minnesota Statutes 2022, section 390.251, is amended to read:​ 6.18 390.251 REQUEST FOR EXAMINATIONS.​ 6.19 The coroner or medical examiner may, when requested, make physical examinations​ 6.20 and tests incident to any matter of a criminal nature under consideration by the district court​ 6.21 or county attorney, law enforcement agency, city attorney prosecuting a suspected violation​ 6.22 pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3, or publicly appointed​ 6.23 criminal defense counsel, and shall deliver a copy of a report of such tests and examinations​ 6.24 to the person making the request. Such an examination does not establish a doctor-patient​ 6.25 relationship. The person making the request shall pay the cost of such examinations and​ 6.26 tests.​ 6.27 EFFECTIVE DATE. This section is effective July 1, 2024.​ 6.28 Sec. 11. Minnesota Statutes 2022, section 484.87, subdivision 3, is amended to read:​ 6.29 Subd. 3. Prosecuting attorneys. (a) Except as provided in subdivision 2 and as otherwise​ 6.30 provided by law, violations of state law that are petty misdemeanors or misdemeanors must​ 6.31 be prosecuted by the attorney of the statutory or home rule charter city where the violation​ 6.32 is alleged to have occurred, if the city has a population greater than 600. If a city has a​ 6.33 population of 600 or less, it may, by resolution of the city council, and with the approval​ 6​ Sec. 11.​ 24-06339 as introduced​ 01/30/24 REVISOR KLL/DG​ 7.1 of the board of county commissioners, give the duty to the county attorney. In cities of the​ 7.2 first, second, and third class, gross misdemeanor violations of sections 609.52, 609.535,​ 7.3 609.595, 609.631, and 609.821 must be prosecuted by the attorney of the city where the​ 7.4 violation is alleged to have occurred. The statutory or home rule charter city may enter into​ 7.5 an agreement with the county board and the county attorney to provide prosecution services​ 7.6 for any criminal offense. All other petty misdemeanors, misdemeanors, and gross​ 7.7 misdemeanors must be prosecuted by the county attorney of the county in which the alleged​ 7.8 violation occurred. All violations of a municipal ordinance, charter provision, rule, or​ 7.9 regulation must be prosecuted by the attorney for the governmental unit that promulgated​ 7.10 the municipal ordinance, charter provision, rule, or regulation, regardless of its population,​ 7.11 or by the county attorney with whom it has contracted to prosecute these matters.​ 7.12 (b) In the counties of Anoka, Carver, Dakota, Scott, and Washington, violations of state​ 7.13 law that are petty misdemeanors, misdemeanors, or gross misdemeanors except as provided​ 7.14 in section 388.051, subdivision 2, must be prosecuted by the attorney of the statutory or​ 7.15 home rule charter city where the violation is alleged to have occurred. The statutory or home​ 7.16 rule charter city may enter into an agreement with the county board and the county attorney​ 7.17 to provide prosecution services for any criminal offense. All other petty misdemeanors,​ 7.18 misdemeanors, or gross misdemeanors must be prosecuted by the county attorney of the​ 7.19 county in which the alleged violation occurred. All violations of a municipal ordinance,​ 7.20 charter provision, rule, or regulation must be prosecuted by the attorney for the governmental​ 7.21 unit that promulgated the municipal ordinance, charter provision, rule, or regulation or by​ 7.22 the county attorney with whom it has contracted to prosecute these matters.​ 7.23 (c) The attorney of a statutory or home rule charter city where the violation is alleged​ 7.24 to have occurred may prosecute a felony violation of state law in cases where the county​ 7.25 attorney declines to prosecute the violation.​ 7.26 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to crimes​ 7.27 committed on or after that date and to crimes committed before that date provided the​ 7.28 limitations period in Minnesota Statutes, section 628.26, has not expired.​ 7​ Sec. 11.​ 24-06339 as introduced​ 01/30/24 REVISOR KLL/DG​