Bill Text: MN SF286 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Juvenile delinquency court proceedings public hearing determination modifications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-17 - HF substituted on General Orders HF392 [SF286 Detail]
Download: Minnesota-2013-SF286-Engrossed.html
1.2relating to judiciary; modifying provisions governing public hearings in juvenile
1.3court proceedings;amending Minnesota Statutes 2012, section 260B.163,
1.4subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 260B.163, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. General. (a) Except for hearings arising under section260B.425 ,
1.9hearings on any matter shall be without a jury and may be conducted in an informal
1.10manner, except that a child who is prosecuted as an extended jurisdiction juvenile has the
1.11right to a jury trial on the issue of guilt. The rules of evidence promulgated pursuant
1.12to section480.0591 and the law of evidence shall apply in adjudicatory proceedings
1.13involving a child alleged to be delinquent, an extended jurisdiction juvenile, or a juvenile
1.14petty offender, and hearings conducted pursuant to section260B.125 except to the extent
1.15that the rules themselves provide that they do not apply.
1.16(b) When a continuance or adjournment is ordered in any proceeding, the court may
1.17make any interim orders as it deems in the best interests of the minor in accordance with
1.18the provisions of sections260B.001 to
260B.421 .
1.19(c) Except as otherwise provided in thisparagraph subdivision, the court shall
1.20exclude the general public from hearings under this chapter and shall admit only those
1.21persons who, in the discretion of the court, have a direct interest in the case or in the work
1.22of the court. The court shall permit the victim of a child's delinquent act to attend any
1.23related delinquency proceeding, except that the court may exclude the victim:
1.24(1) as a witness under the Rules of Criminal Procedure;and or
2.1(2) from portions of acertification hearing to discuss psychological material or other
2.2evidence that would not be accessible to the public in an adult proceeding.
2.3(d) The court shall open the hearings to the publicin delinquency or extended
2.4jurisdiction juvenile proceedings where if the child is alleged to have committed an offense
2.5or has been proven to have committed an offense that would be a felony if committed by an
2.6adultand, the child was at least 16 years of age at the time of the offense, except that and:
2.7(1) the hearing is a certification proceeding;
2.8(2) the hearing is an extended juvenile jurisdiction proceeding and the prosecutor
2.9has requested that the hearing be open; or
2.10(3) the court determines that the benefit to public safety of holding an open hearing
2.11outweighs the consequences for the child of the resulting public record. In determining
2.12the benefit to public safety, the court shall consider the relevant public safety factors
2.13enumerated in section 260B.125, subdivision 4.
2.14 The court may exclude the public from portions of acertification hearing to discuss
2.15psychological material or other evidence that would not be accessible to the public in
2.16an adult proceeding.
2.17(d) (e) In all delinquency cases a person named in the charging clause of the petition
2.18as a person directly damaged in person or property shall be entitled, upon request, to be
2.19notified by the court administrator in writing, at the named person's last known address, of
2.20(1) the date of the certification or adjudicatory hearings, and (2) the disposition of the case.
1.3court proceedings;amending Minnesota Statutes 2012, section 260B.163,
1.4subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 260B.163, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. General. (a) Except for hearings arising under section
1.9hearings on any matter shall be without a jury and may be conducted in an informal
1.10manner, except that a child who is prosecuted as an extended jurisdiction juvenile has the
1.11right to a jury trial on the issue of guilt. The rules of evidence promulgated pursuant
1.12to section
1.13involving a child alleged to be delinquent, an extended jurisdiction juvenile, or a juvenile
1.14petty offender, and hearings conducted pursuant to section
1.15that the rules themselves provide that they do not apply.
1.16(b) When a continuance or adjournment is ordered in any proceeding, the court may
1.17make any interim orders as it deems in the best interests of the minor in accordance with
1.18the provisions of sections
1.19(c) Except as otherwise provided in this
1.20exclude the general public from hearings under this chapter and shall admit only those
1.21persons who, in the discretion of the court, have a direct interest in the case or in the work
1.22of the court. The court shall permit the victim of a child's delinquent act to attend any
1.23related delinquency proceeding, except that the court may exclude the victim:
1.24(1) as a witness under the Rules of Criminal Procedure;
2.1(2) from portions of a
2.2evidence that would not be accessible to the public in an adult proceeding.
2.3(d) The court shall open the hearings to the public
2.4
2.5or has been proven to have committed an offense that would be a felony if committed by an
2.6adult
2.7(1) the hearing is a certification proceeding;
2.8(2) the hearing is an extended juvenile jurisdiction proceeding and the prosecutor
2.9has requested that the hearing be open; or
2.10(3) the court determines that the benefit to public safety of holding an open hearing
2.11outweighs the consequences for the child of the resulting public record. In determining
2.12the benefit to public safety, the court shall consider the relevant public safety factors
2.13enumerated in section 260B.125, subdivision 4.
2.14 The court may exclude the public from portions of a
2.15psychological material or other evidence that would not be accessible to the public in
2.16an adult proceeding.
2.17
2.18as a person directly damaged in person or property shall be entitled, upon request, to be
2.19notified by the court administrator in writing, at the named person's last known address, of
2.20(1) the date of the certification or adjudicatory hearings, and (2) the disposition of the case.