Bill Text: MN HF556 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Juvenile prostitutes in need of protection or services provisions amended, sexually exploited youth defined, prostitution crime penalty assessments increased, and distribution of the assessment amended; prostitution laws provisions clarified and recodified, and definitions modified; and money appropriated to the commissioner of public safety to develop a statewide victim services model.
Spectrum: Slight Partisan Bill (Democrat 16-9)
Status: (Introduced - Dead) 2011-05-14 - Second reading [HF556 Detail]
Download: Minnesota-2011-HF556-Engrossed.html
1.2relating to public safety; amending provisions for juvenile prostitutes found in
1.3need of protection or services; defining sexually exploited youth; increasing
1.4penalty assessments imposed in certain prostitution crimes and amending
1.5distribution of the assessment; clarifying and recodifying certain provisions
1.6and modifying certain definitions in the prostitution laws; appropriating money
1.7to the commissioner of public safety to develop a statewide victim services
1.8model; requiring a report to the legislature;amending Minnesota Statutes 2010, sections 260B.007, subdivisions 6, 16; 260C.007, subdivisions 6, 11, by adding a subdivision; 609.321, subdivisions 4, 8, 9; 609.324, subdivisions 2, 3, by adding subdivisions; 609.3241; 626.558, subdivision 2a; repealing Minnesota Statutes 2010, sections 260B.141, subdivision 5; 260C.141, subdivision 6.1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.16 Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to
1.17read:
1.18 Subd. 6. Delinquent child. (a) Except as otherwise provided inparagraph
1.19paragraphs (b) and (c), "delinquent child" means a child:
1.20(1) who has violated any state or local law, except as provided in section260B.225,
1.21subdivision 1 , and except for juvenile offenders as described in subdivisions 16 to 18;
1.22(2) who has violated a federal law or a law of another state and whose case has been
1.23referred to the juvenile court if the violation would be an act of delinquency if committed
1.24in this state or a crime or offense if committed by an adult;
1.25(3) who has escaped from confinement to a state juvenile correctional facility after
1.26being committed to the custody of the commissioner of corrections; or
2.1(4) who has escaped from confinement to a local juvenile correctional facility after
2.2being committed to the facility by the court.
2.3(b) The term delinquent child does not include a child alleged to have committed
2.4murder in the first degree after becoming 16 years of age, but the term delinquent child
2.5does include a child alleged to have committed attempted murder in the first degree.
2.6(c) The term delinquent child does not include a child who is alleged to have
2.7engaged in conduct which would, if committed by an adult, violate any federal, state, or
2.8local law relating to being hired, offering to be hired, or agreeing to be hired by another
2.9individual to engage in sexual penetration or sexual conduct.
2.10EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.11offenses committed on or after that date.
2.12 Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:
2.13 Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty
2.14offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
2.15a violation of section609.685 , or a violation of a local ordinance, which by its terms
2.16prohibits conduct by a child under the age of 18 years which would be lawful conduct if
2.17committed by an adult.
2.18(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
2.19includes an offense that would be a misdemeanor if committed by an adult.
2.20(c) "Juvenile petty offense" does not include any of the following:
2.21(1) a misdemeanor-level violation of section518B.01 ,;
588.20 ,;
609.224 ,;
609.2242 ,;
2.22609.324
, subdivision 2 or 3;
609.5632 ,;
609.576 ,;
609.66 ,;
609.746 ,;
609.748 ,;
609.79 ,;
2.23or617.23 ;
2.24(2) a major traffic offense or an adult court traffic offense, as described in section
2.25260B.225
;
2.26(3) a misdemeanor-level offense committed by a child whom the juvenile court
2.27previously has found to have committed a misdemeanor, gross misdemeanor, or felony
2.28offense; or
2.29(4) a misdemeanor-level offense committed by a child whom the juvenile court
2.30has found to have committed a misdemeanor-level juvenile petty offense on two or
2.31more prior occasions, unless the county attorney designates the child on the petition
2.32as a juvenile petty offender notwithstanding this prior record. As used in this clause,
2.33"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
2.34would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
3.1(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
3.2term juvenile petty offender does not include a child alleged to have violated any law
3.3relating to being hired, offering to be hired, or agreeing to be hired by another individual
3.4to engage in sexual penetration or sexual conduct which, if committed by an adult, would
3.5be a misdemeanor.
3.6EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.7offenses committed on or after that date.
3.8 Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:
3.9 Subd. 6. Child in need of protection or services. "Child in need of protection or
3.10services" means a child who is in need of protection or services because the child:
3.11 (1) is abandoned or without parent, guardian, or custodian;
3.12 (2)(i) has been a victim of physical or sexual abuse as defined in section626.556 ,
3.13subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
3.14subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
3.15would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
3.16child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
3.17as defined in subdivision 15;
3.18 (3) is without necessary food, clothing, shelter, education, or other required care
3.19for the child's physical or mental health or morals because the child's parent, guardian,
3.20or custodian is unable or unwilling to provide that care;
3.21 (4) is without the special care made necessary by a physical, mental, or emotional
3.22condition because the child's parent, guardian, or custodian is unable or unwilling to
3.23provide that care;
3.24 (5) is medically neglected, which includes, but is not limited to, the withholding of
3.25medically indicated treatment from a disabled infant with a life-threatening condition. The
3.26term "withholding of medically indicated treatment" means the failure to respond to the
3.27infant's life-threatening conditions by providing treatment, including appropriate nutrition,
3.28hydration, and medication which, in the treating physician's or physicians' reasonable
3.29medical judgment, will be most likely to be effective in ameliorating or correcting all
3.30conditions, except that the term does not include the failure to provide treatment other
3.31than appropriate nutrition, hydration, or medication to an infant when, in the treating
3.32physician's or physicians' reasonable medical judgment:
3.33 (i) the infant is chronically and irreversibly comatose;
4.1 (ii) the provision of the treatment would merely prolong dying, not be effective in
4.2ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
4.3futile in terms of the survival of the infant; or
4.4 (iii) the provision of the treatment would be virtually futile in terms of the survival
4.5of the infant and the treatment itself under the circumstances would be inhumane;
4.6 (6) is one whose parent, guardian, or other custodian for good cause desires to be
4.7relieved of the child's care and custody, including a child who entered foster care under a
4.8voluntary placement agreement between the parent and the responsible social services
4.9agency under section260C.212, subdivision 8 ;
4.10 (7) has been placed for adoption or care in violation of law;
4.11 (8) is without proper parental care because of the emotional, mental, or physical
4.12disability, or state of immaturity of the child's parent, guardian, or other custodian;
4.13 (9) is one whose behavior, condition, or environment is such as to be injurious or
4.14dangerous to the child or others. An injurious or dangerous environment may include, but
4.15is not limited to, the exposure of a child to criminal activity in the child's home;
4.16 (10) is experiencing growth delays, which may be referred to as failure to thrive, that
4.17have been diagnosed by a physician and are due to parental neglect;
4.18 (11)has engaged in prostitution as defined in section
609.321, subdivision 9
4.19sexually exploited youth as defined in subdivision 31;
4.20 (12) has committed a delinquent act or a juvenile petty offense before becoming
4.21ten years old;
4.22 (13) is a runaway;
4.23 (14) is a habitual truant;
4.24 (15) has been found incompetent to proceed or has been found not guilty by reason
4.25of mental illness or mental deficiency in connection with a delinquency proceeding, a
4.26certification under section260B.125 , an extended jurisdiction juvenile prosecution, or a
4.27proceeding involving a juvenile petty offense; or
4.28(16) has a parent whose parental rights to one or more other children were
4.29involuntarily terminated or whose custodial rights to another child have been involuntarily
4.30transferred to a relative and there is a case plan prepared by the responsible social services
4.31agency documenting a compelling reason why filing the termination of parental rights
4.32petition under section260C.301, subdivision 3 , is not in the best interests of the child.
4.33EFFECTIVE DATE.This section is effective August 1, 2011.
4.34 Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:
4.35 Subd. 11. Delinquent child. "Delinquent child"means a child:
5.1(1) who has violated any state or local law, except as provided in section
260B.225,
5.2subdivision 1
, and except for juvenile offenders as described in subdivisions 19 and 28; or
5.3(2) who has violated a federal law or a law of another state and whose case has been
5.4referred to the juvenile court if the violation would be an act of delinquency if committed
5.5in this state or a crime or offense if committed by an adult has the meaning given in
5.6section 260B.007, subdivision 6.
5.7EFFECTIVE DATE.This section is effective August 1, 2011.
5.8 Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a
5.9subdivision to read:
5.10 Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an
5.11individual who:
5.12(1) is alleged to have engaged in conduct which would, if committed by an adult,
5.13violate any federal, state, or local law relating to being hired, offering to be hired, or
5.14agreeing to be hired by another individual to engage in sexual penetration or sexual
5.15conduct;
5.16(2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451,
5.17609.3453, 609.352, 617.246, or 617.247;
5.18(3) is a victim of a crime described in United States Code, title 18, section 2260;
5.192421; 2422; 2423; 2425; 2425A; or 2256; or
5.20(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.
5.21EFFECTIVE DATE.This section is effective August 1, 2011.
5.22 Sec. 6. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
5.23 Subd. 8. Prostitute. "Prostitute" means an individual 18 years of age or older who
5.24engages in prostitution.
5.25EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
5.26committed on or after that date.
5.27 Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read:
5.28609.3241 PENALTY ASSESSMENT AUTHORIZED.
5.29(a) When a court sentences an adult convicted of violating section609.322 or
5.30609.324
, while acting other than as a prostitute, the court shall impose an assessment of
5.31not less than$250 $500 and not more than $500 $750 for a violation of section
609.324,
6.1subdivision 2 , or a misdemeanor violation of section
609.324, subdivision 3 ; otherwise
6.2the court shall impose an assessment of not less than$500 $750 and not more than
6.3$1,000. Themandatory minimum portion of the assessment is to be used for the purposes
6.4described in section
626.558, subdivision 2a, shall be distributed as provided in paragraph
6.5(c) and is in addition to the surcharge required by section357.021, subdivision 6 . Any
6.6portion of the assessment imposed in excess of the mandatory minimum amount shall be
6.7deposited in an account in the special revenue fund and is appropriated annually to the
6.8commissioner of public safety. The commissioner, with the assistance of the General
6.9Crime Victims Advisory Council, shall use money received under this section for grants to
6.10agencies that provide assistance to individuals who have stopped or wish to stop engaging
6.11in prostitution. Grant money may be used to provide these individuals with medical care,
6.12child care, temporary housing, and educational expenses.
6.13(b) The court may not waive payment of the minimum assessment required by
6.14this section. If the defendant qualifies for the services of a public defender or the court
6.15finds on the record that the convicted person is indigent or that immediate payment of
6.16the assessment would create undue hardship for the convicted person or that person's
6.17immediate family, the court may reduce the amount of the minimum assessment to not
6.18less than $100. The court also may authorize payment of the assessment in installments.
6.19(c) The assessment collected under paragraph (a) must be distributed as follows:
6.20(1) 40 percent of the assessment shall be forwarded to the political subdivision that
6.21employs the arresting officer for use in enforcement, training, and education activities
6.22related to combating sexual exploitation of youth, or if the arresting officer is an employee
6.23of the state, this portion shall be forwarded to the commissioner of public safety for those
6.24purposes identified in clause (3);
6.25(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
6.26handled the case for use in training and education activities relating to combating sexual
6.27exploitation activities of youth; and
6.28(3) 40 percent of the assessment must be forwarded to the commissioner of public
6.29safety to be deposited in the safe harbor for youth account in the special revenue fund
6.30and are appropriated to the commissioner for distribution to crime victims services
6.31organizations that provide services to sexually exploited youth, as defined in section
6.32260C.007, subdivision 31.
6.33(d) A safe harbor for youth account is established as a special account in the state
6.34treasury.
6.35EFFECTIVE DATE.This section is effective August 1, 2011.
7.1 Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:
7.2 Subd. 2a.Juvenile prostitution Sexually exploited youth outreach program. A
7.3multidisciplinary child protection team may assist the local welfare agency, local law
7.4enforcement agency, or an appropriate private organization in developing a program of
7.5outreach services forjuveniles who are engaging in prostitution sexually exploited youth,
7.6including homeless, runaway, and truant youth who are at risk of sexual exploitation.
7.7For the purposes of this subdivision, at least one representative of a youth intervention
7.8program or, where this type of program is unavailable, one representative of a nonprofit
7.9agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
7.10child protection team in addition to the standing members of the team. These services may
7.11include counseling, medical care, short-term shelter, alternative living arrangements, and
7.12drop-in centers.The county may finance these services by means of the penalty assessment
7.13authorized by section
609.3241. A juvenile's receipt of intervention services under this
7.14subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
7.15EFFECTIVE DATE.This section is effective August 1, 2011.
7.16 Sec. 9. SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY
7.17EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.
7.18(a) If sufficient funding from outside sources is donated, the commissioner of public
7.19safety shall develop a statewide model as provided in this section. By June 30, 2012, the
7.20commissioner of public safety, in consultation with the commissioners of health and
7.21human services, shall develop a victim services model to address the needs of sexually
7.22exploited youth and youth at risk of sexual exploitation. The commissioner shall take into
7.23consideration the findings and recommendations as reported to the legislature on the
7.24results of the safe harbor for sexually exploited youth pilot project authorized by Laws
7.252006, chapter 282, article 13, section 4, paragraph (b). In addition, the commissioner
7.26shall seek recommendations from prosecutors, public safety officials, public health
7.27professionals, child protection workers, and service providers.
7.28(b) By January 15, 2013, the commissioner of public safety shall report to the chairs
7.29and ranking minority members of the senate and house of representatives divisions having
7.30jurisdiction over health and human services and criminal justice funding and policy on the
7.31development of the statewide model, including recommendations for additional legislation
7.32or funding for services for sexually exploited youth or youth at risk of sexual exploitation.
7.33(c) As used in this section, "sexually exploited youth" has the meaning given in
7.34section 260C.007, subdivision 31.
8.1EFFECTIVE DATE.This section is effective August 1, 2011.
8.2 Sec. 10. REPEALER.
8.3Minnesota Statutes 2010, sections 260B.141, subdivision 5; and 260C.141,
8.4subdivision 6, are repealed.
8.5EFFECTIVE DATE.This section is effective August 1, 2014.
8.8 Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:
8.9 Subd. 4. Patron. "Patron" means an individual whohires or offers or agrees
8.10engages in prostitution by hiring, offering to hire, or agreeing to hire another individual to
8.11engage in sexual penetration or sexual contact.
8.12EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
8.13committed on or after that date.
8.14 Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
8.15 Subd. 8. Prostitute. "Prostitute" means an individual who engages in prostitution
8.16by being hired, offering to be hired, or agreeing to be hired by another individual to
8.17engage in sexual penetration or sexual contact.
8.18EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
8.19committed on or after that date.
8.20 Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:
8.21 Subd. 9. Prostitution. "Prostitution" meansengaging or offering or agreeing to
8.22engage for hire hiring, offering to hire, or agreeing to hire another individual to engage in
8.23sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
8.24hired by another individual to engage in sexual penetration or sexual contact.
8.25EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
8.26committed on or after that date.
8.27 Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:
9.1 Subd. 2. Prostitution in public place; penalty for patrons. Whoever, while acting
9.2as a patron, intentionally does any of the following while in a public place is guilty of a
9.3gross misdemeanor:
9.4(1) engages in prostitution with an individual 18 years of age or older; or
9.5(2) hiresor, offers to hire, or agrees to hire an individual 18 years of age or older to
9.6engage in sexual penetration or sexual contact.
9.7Except as otherwise provided in subdivision 4, a person who is convicted of violating this
9.8subdivisionwhile acting as a patron must, at a minimum, be sentenced to pay a fine
9.9of at least $1,500.
9.10EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
9.11committed on or after that date.
9.12 Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:
9.13 Subd. 3. General prostitution crimes; penalties for patrons. (a) Whoever, while
9.14acting as a patron, intentionally does any of the following is guilty of a misdemeanor:
9.15(1) engages in prostitution with an individual 18 years of age orabove older; or
9.16(2) hiresor, offers to hire, or agrees to hire an individual 18 years of age or above
9.17older to engage in sexual penetration or sexual contact. Except as otherwise provided in
9.18subdivision 4, a person who is convicted of violating this paragraphwhile acting as a
9.19patron must, at a minimum, be sentenced to pay a fine of at least $500.
9.20(b) Whoever violates the provisions of this subdivision within two years of a
9.21previous prostitution conviction for violating this section or section609.322 is guilty
9.22of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
9.23is convicted of violating this paragraphwhile acting as a patron must, at a minimum,
9.24be sentenced as follows:
9.25(1) to pay a fine of at least $1,500; and
9.26(2) to serve 20 hours of community work service.
9.27The court may waive the mandatory community work service if it makes specific,
9.28written findings that the community work service is not feasible or appropriate under the
9.29circumstances of the case.
9.30EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
9.31committed on or after that date.
9.32 Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
9.33to read:
10.1 Subd. 6. Prostitution in public place; penalty for prostitutes. Whoever, while
10.2acting as a prostitute, intentionally does any of the following while in a public place is
10.3guilty of a gross misdemeanor:
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.
10.7EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
10.8committed on or after that date.
10.9 Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
10.10to read:
10.11 Subd. 7. General prostitution crimes; penalties for prostitutes. (a) Whoever,
10.12while acting as a prostitute, intentionally does any of the following is guilty of a
10.13misdemeanor:
10.14(1) engages in prostitution with an individual 18 years of age or older; or
10.15(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
10.16or older to engage in sexual penetration or sexual contact.
10.17(b) Whoever violates the provisions of this subdivision within two years of a
10.18previous prostitution conviction for violating this section or section 609.322 is guilty
10.19of a gross misdemeanor.
10.20EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
10.21committed on or after that date.
1.3need of protection or services; defining sexually exploited youth; increasing
1.4penalty assessments imposed in certain prostitution crimes and amending
1.5distribution of the assessment; clarifying and recodifying certain provisions
1.6and modifying certain definitions in the prostitution laws; appropriating money
1.7to the commissioner of public safety to develop a statewide victim services
1.8model; requiring a report to the legislature;amending Minnesota Statutes 2010, sections 260B.007, subdivisions 6, 16; 260C.007, subdivisions 6, 11, by adding a subdivision; 609.321, subdivisions 4, 8, 9; 609.324, subdivisions 2, 3, by adding subdivisions; 609.3241; 626.558, subdivision 2a; repealing Minnesota Statutes 2010, sections 260B.141, subdivision 5; 260C.141, subdivision 6.1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.16 Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to
1.17read:
1.18 Subd. 6. Delinquent child. (a) Except as otherwise provided in
1.19paragraphs (b) and (c), "delinquent child" means a child:
1.20(1) who has violated any state or local law, except as provided in section
1.21subdivision 1
1.22(2) who has violated a federal law or a law of another state and whose case has been
1.23referred to the juvenile court if the violation would be an act of delinquency if committed
1.24in this state or a crime or offense if committed by an adult;
1.25(3) who has escaped from confinement to a state juvenile correctional facility after
1.26being committed to the custody of the commissioner of corrections; or
2.1(4) who has escaped from confinement to a local juvenile correctional facility after
2.2being committed to the facility by the court.
2.3(b) The term delinquent child does not include a child alleged to have committed
2.4murder in the first degree after becoming 16 years of age, but the term delinquent child
2.5does include a child alleged to have committed attempted murder in the first degree.
2.6(c) The term delinquent child does not include a child who is alleged to have
2.7engaged in conduct which would, if committed by an adult, violate any federal, state, or
2.8local law relating to being hired, offering to be hired, or agreeing to be hired by another
2.9individual to engage in sexual penetration or sexual conduct.
2.10EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.11offenses committed on or after that date.
2.12 Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:
2.13 Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty
2.14offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
2.15a violation of section
2.16prohibits conduct by a child under the age of 18 years which would be lawful conduct if
2.17committed by an adult.
2.18(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
2.19includes an offense that would be a misdemeanor if committed by an adult.
2.20(c) "Juvenile petty offense" does not include any of the following:
2.21(1) a misdemeanor-level violation of section
2.23or
2.24(2) a major traffic offense or an adult court traffic offense, as described in section
2.26(3) a misdemeanor-level offense committed by a child whom the juvenile court
2.27previously has found to have committed a misdemeanor, gross misdemeanor, or felony
2.28offense; or
2.29(4) a misdemeanor-level offense committed by a child whom the juvenile court
2.30has found to have committed a misdemeanor-level juvenile petty offense on two or
2.31more prior occasions, unless the county attorney designates the child on the petition
2.32as a juvenile petty offender notwithstanding this prior record. As used in this clause,
2.33"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
2.34would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
3.1(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
3.2term juvenile petty offender does not include a child alleged to have violated any law
3.3relating to being hired, offering to be hired, or agreeing to be hired by another individual
3.4to engage in sexual penetration or sexual conduct which, if committed by an adult, would
3.5be a misdemeanor.
3.6EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.7offenses committed on or after that date.
3.8 Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:
3.9 Subd. 6. Child in need of protection or services. "Child in need of protection or
3.10services" means a child who is in need of protection or services because the child:
3.11 (1) is abandoned or without parent, guardian, or custodian;
3.12 (2)(i) has been a victim of physical or sexual abuse as defined in section
3.13subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
3.14subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
3.15would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
3.16child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
3.17as defined in subdivision 15;
3.18 (3) is without necessary food, clothing, shelter, education, or other required care
3.19for the child's physical or mental health or morals because the child's parent, guardian,
3.20or custodian is unable or unwilling to provide that care;
3.21 (4) is without the special care made necessary by a physical, mental, or emotional
3.22condition because the child's parent, guardian, or custodian is unable or unwilling to
3.23provide that care;
3.24 (5) is medically neglected, which includes, but is not limited to, the withholding of
3.25medically indicated treatment from a disabled infant with a life-threatening condition. The
3.26term "withholding of medically indicated treatment" means the failure to respond to the
3.27infant's life-threatening conditions by providing treatment, including appropriate nutrition,
3.28hydration, and medication which, in the treating physician's or physicians' reasonable
3.29medical judgment, will be most likely to be effective in ameliorating or correcting all
3.30conditions, except that the term does not include the failure to provide treatment other
3.31than appropriate nutrition, hydration, or medication to an infant when, in the treating
3.32physician's or physicians' reasonable medical judgment:
3.33 (i) the infant is chronically and irreversibly comatose;
4.1 (ii) the provision of the treatment would merely prolong dying, not be effective in
4.2ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
4.3futile in terms of the survival of the infant; or
4.4 (iii) the provision of the treatment would be virtually futile in terms of the survival
4.5of the infant and the treatment itself under the circumstances would be inhumane;
4.6 (6) is one whose parent, guardian, or other custodian for good cause desires to be
4.7relieved of the child's care and custody, including a child who entered foster care under a
4.8voluntary placement agreement between the parent and the responsible social services
4.9agency under section
4.10 (7) has been placed for adoption or care in violation of law;
4.11 (8) is without proper parental care because of the emotional, mental, or physical
4.12disability, or state of immaturity of the child's parent, guardian, or other custodian;
4.13 (9) is one whose behavior, condition, or environment is such as to be injurious or
4.14dangerous to the child or others. An injurious or dangerous environment may include, but
4.15is not limited to, the exposure of a child to criminal activity in the child's home;
4.16 (10) is experiencing growth delays, which may be referred to as failure to thrive, that
4.17have been diagnosed by a physician and are due to parental neglect;
4.18 (11)
4.19sexually exploited youth as defined in subdivision 31;
4.20 (12) has committed a delinquent act or a juvenile petty offense before becoming
4.21ten years old;
4.22 (13) is a runaway;
4.23 (14) is a habitual truant;
4.24 (15) has been found incompetent to proceed or has been found not guilty by reason
4.25of mental illness or mental deficiency in connection with a delinquency proceeding, a
4.26certification under section
4.27proceeding involving a juvenile petty offense; or
4.28(16) has a parent whose parental rights to one or more other children were
4.29involuntarily terminated or whose custodial rights to another child have been involuntarily
4.30transferred to a relative and there is a case plan prepared by the responsible social services
4.31agency documenting a compelling reason why filing the termination of parental rights
4.32petition under section
4.33EFFECTIVE DATE.This section is effective August 1, 2011.
4.34 Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:
4.35 Subd. 11. Delinquent child. "Delinquent child"
5.1
5.2
5.3
5.4
5.5
5.6section 260B.007, subdivision 6.
5.7EFFECTIVE DATE.This section is effective August 1, 2011.
5.8 Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a
5.9subdivision to read:
5.10 Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an
5.11individual who:
5.12(1) is alleged to have engaged in conduct which would, if committed by an adult,
5.13violate any federal, state, or local law relating to being hired, offering to be hired, or
5.14agreeing to be hired by another individual to engage in sexual penetration or sexual
5.15conduct;
5.16(2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451,
5.17609.3453, 609.352, 617.246, or 617.247;
5.18(3) is a victim of a crime described in United States Code, title 18, section 2260;
5.192421; 2422; 2423; 2425; 2425A; or 2256; or
5.20(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.
5.21EFFECTIVE DATE.This section is effective August 1, 2011.
5.22 Sec. 6. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
5.23 Subd. 8. Prostitute. "Prostitute" means an individual 18 years of age or older who
5.24engages in prostitution.
5.25EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
5.26committed on or after that date.
5.27 Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read:
5.28609.3241 PENALTY ASSESSMENT AUTHORIZED.
5.29(a) When a court sentences an adult convicted of violating section
5.31not less than
6.1subdivision 2
6.2the court shall impose an assessment of not less than
6.3$1,000. The
6.4
6.5(c) and is in addition to the surcharge required by section
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13(b) The court may not waive payment of the minimum assessment required by
6.14this section. If the defendant qualifies for the services of a public defender or the court
6.15finds on the record that the convicted person is indigent or that immediate payment of
6.16the assessment would create undue hardship for the convicted person or that person's
6.17immediate family, the court may reduce the amount of the minimum assessment to not
6.18less than $100. The court also may authorize payment of the assessment in installments.
6.19(c) The assessment collected under paragraph (a) must be distributed as follows:
6.20(1) 40 percent of the assessment shall be forwarded to the political subdivision that
6.21employs the arresting officer for use in enforcement, training, and education activities
6.22related to combating sexual exploitation of youth, or if the arresting officer is an employee
6.23of the state, this portion shall be forwarded to the commissioner of public safety for those
6.24purposes identified in clause (3);
6.25(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
6.26handled the case for use in training and education activities relating to combating sexual
6.27exploitation activities of youth; and
6.28(3) 40 percent of the assessment must be forwarded to the commissioner of public
6.29safety to be deposited in the safe harbor for youth account in the special revenue fund
6.30and are appropriated to the commissioner for distribution to crime victims services
6.31organizations that provide services to sexually exploited youth, as defined in section
6.32260C.007, subdivision 31.
6.33(d) A safe harbor for youth account is established as a special account in the state
6.34treasury.
6.35EFFECTIVE DATE.This section is effective August 1, 2011.
7.1 Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:
7.2 Subd. 2a.
7.3multidisciplinary child protection team may assist the local welfare agency, local law
7.4enforcement agency, or an appropriate private organization in developing a program of
7.5outreach services for
7.6including homeless, runaway, and truant youth who are at risk of sexual exploitation.
7.7For the purposes of this subdivision, at least one representative of a youth intervention
7.8program or, where this type of program is unavailable, one representative of a nonprofit
7.9agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
7.10child protection team in addition to the standing members of the team. These services may
7.11include counseling, medical care, short-term shelter, alternative living arrangements, and
7.12drop-in centers.
7.13
7.14subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
7.15EFFECTIVE DATE.This section is effective August 1, 2011.
7.16 Sec. 9. SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY
7.17EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.
7.18(a) If sufficient funding from outside sources is donated, the commissioner of public
7.19safety shall develop a statewide model as provided in this section. By June 30, 2012, the
7.20commissioner of public safety, in consultation with the commissioners of health and
7.21human services, shall develop a victim services model to address the needs of sexually
7.22exploited youth and youth at risk of sexual exploitation. The commissioner shall take into
7.23consideration the findings and recommendations as reported to the legislature on the
7.24results of the safe harbor for sexually exploited youth pilot project authorized by Laws
7.252006, chapter 282, article 13, section 4, paragraph (b). In addition, the commissioner
7.26shall seek recommendations from prosecutors, public safety officials, public health
7.27professionals, child protection workers, and service providers.
7.28(b) By January 15, 2013, the commissioner of public safety shall report to the chairs
7.29and ranking minority members of the senate and house of representatives divisions having
7.30jurisdiction over health and human services and criminal justice funding and policy on the
7.31development of the statewide model, including recommendations for additional legislation
7.32or funding for services for sexually exploited youth or youth at risk of sexual exploitation.
7.33(c) As used in this section, "sexually exploited youth" has the meaning given in
7.34section 260C.007, subdivision 31.
8.1EFFECTIVE DATE.This section is effective August 1, 2011.
8.2 Sec. 10. REPEALER.
8.3Minnesota Statutes 2010, sections 260B.141, subdivision 5; and 260C.141,
8.4subdivision 6, are repealed.
8.5EFFECTIVE DATE.This section is effective August 1, 2014.
8.8 Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:
8.9 Subd. 4. Patron. "Patron" means an individual who
8.10engages in prostitution by hiring, offering to hire, or agreeing to hire another individual to
8.11engage in sexual penetration or sexual contact.
8.12EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
8.13committed on or after that date.
8.14 Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
8.15 Subd. 8. Prostitute. "Prostitute" means an individual who engages in prostitution
8.16by being hired, offering to be hired, or agreeing to be hired by another individual to
8.17engage in sexual penetration or sexual contact.
8.18EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
8.19committed on or after that date.
8.20 Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:
8.21 Subd. 9. Prostitution. "Prostitution" means
8.22
8.23sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
8.24hired by another individual to engage in sexual penetration or sexual contact.
8.25EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
8.26committed on or after that date.
8.27 Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:
9.1 Subd. 2. Prostitution in public place; penalty for patrons. Whoever, while acting
9.2as a patron, intentionally does any of the following while in a public place is guilty of a
9.3gross misdemeanor:
9.4(1) engages in prostitution with an individual 18 years of age or older; or
9.5(2) hires
9.6engage in sexual penetration or sexual contact.
9.7Except as otherwise provided in subdivision 4, a person who is convicted of violating this
9.8subdivision
9.9of at least $1,500.
9.10EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
9.11committed on or after that date.
9.12 Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:
9.13 Subd. 3. General prostitution crimes; penalties for patrons. (a) Whoever, while
9.14acting as a patron, intentionally does any of the following is guilty of a misdemeanor:
9.15(1) engages in prostitution with an individual 18 years of age or
9.16(2) hires
9.17older to engage in sexual penetration or sexual contact. Except as otherwise provided in
9.18subdivision 4, a person who is convicted of violating this paragraph
9.19
9.20(b) Whoever violates the provisions of this subdivision within two years of a
9.21previous prostitution conviction for violating this section or section
9.22of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
9.23is convicted of violating this paragraph
9.24be sentenced as follows:
9.25(1) to pay a fine of at least $1,500; and
9.26(2) to serve 20 hours of community work service.
9.27The court may waive the mandatory community work service if it makes specific,
9.28written findings that the community work service is not feasible or appropriate under the
9.29circumstances of the case.
9.30EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
9.31committed on or after that date.
9.32 Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
9.33to read:
10.1 Subd. 6. Prostitution in public place; penalty for prostitutes. Whoever, while
10.2acting as a prostitute, intentionally does any of the following while in a public place is
10.3guilty of a gross misdemeanor:
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.
10.7EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
10.8committed on or after that date.
10.9 Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
10.10to read:
10.11 Subd. 7. General prostitution crimes; penalties for prostitutes. (a) Whoever,
10.12while acting as a prostitute, intentionally does any of the following is guilty of a
10.13misdemeanor:
10.14(1) engages in prostitution with an individual 18 years of age or older; or
10.15(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
10.16or older to engage in sexual penetration or sexual contact.
10.17(b) Whoever violates the provisions of this subdivision within two years of a
10.18previous prostitution conviction for violating this section or section 609.322 is guilty
10.19of a gross misdemeanor.
10.20EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
10.21committed on or after that date.
