Bill Text: MN HF876 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Court hearing opening modified in delinquency or extended jurisdiction juvenile proceedings.
Spectrum: Slight Partisan Bill (Democrat 9-5)
Status: (Introduced - Dead) 2012-04-17 - House rule 1.21, placed on Calendar for the Day [HF876 Detail]
Download: Minnesota-2011-HF876-Engrossed.html
1.2relating to judiciary; modifying when the court opens hearings in delinquency
1.3or extended jurisdiction juvenile proceedings;amending Minnesota Statutes
1.42010, section 260B.163, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, 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 this paragraph, the court shall exclude the
1.20general public from hearings under this chapter and shall admit only those persons who, in
1.21the discretion of the court, have a direct interest in the case or in the work of the court. The
1.22court shall permit the victim of a child's delinquent act to attend any related delinquency
1.23proceeding, except that the court may exclude the victim:
1.24(1) as a witness under the Rules of Criminal Procedure; and
2.1(2) from portions of a certification hearing to discuss psychological material or other
2.2evidence that would not be accessible to the public.
2.3The court shall open the hearings to the public indelinquency certification or extended
2.4jurisdiction juvenile proceedings where 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
2.6by an adult and the child was at least 16 years of age at the time of the offense, except
2.7that the court may exclude the public from portions of a certification hearing to discuss
2.8psychological material or other evidence that would not be accessible to the public in
2.9an adult proceeding. The court shall open the hearings to the public in delinquency
2.10proceedings where the child is alleged to have committed an offense or has been proven
2.11to have committed an offense that would be a felony if committed by an adult and the
2.12child was at least 16 years of age at the time of the offense, if the court determines that,
2.13due to the violent or serious nature of the alleged offense, the benefit to public safety of
2.14holding an open hearing outweighs the potential consequences for the child due to the
2.15resulting public record.
2.16(d) In all delinquency cases a person named in the charging clause of the petition
2.17as a person directly damaged in person or property shall be entitled, upon request, to be
2.18notified by the court administrator in writing, at the named person's last known address, of
2.19(1) the date of the certification or adjudicatory hearings, and (2) the disposition of the case.
1.3or extended jurisdiction juvenile proceedings;amending Minnesota Statutes
1.42010, section 260B.163, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, 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 paragraph, the court shall exclude the
1.20general public from hearings under this chapter and shall admit only those persons who, in
1.21the discretion of the court, have a direct interest in the case or in the work of the court. The
1.22court shall permit the victim of a child's delinquent act to attend any related delinquency
1.23proceeding, except that the court may exclude the victim:
1.24(1) as a witness under the Rules of Criminal Procedure; and
2.1(2) from portions of a certification hearing to discuss psychological material or other
2.2evidence that would not be accessible to the public.
2.3The court shall open the hearings to the public in
2.4jurisdiction juvenile proceedings where 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
2.6by an adult and the child was at least 16 years of age at the time of the offense, except
2.7that the court may exclude the public from portions of a certification hearing to discuss
2.8psychological material or other evidence that would not be accessible to the public in
2.9an adult proceeding. The court shall open the hearings to the public in delinquency
2.10proceedings where the child is alleged to have committed an offense or has been proven
2.11to have committed an offense that would be a felony if committed by an adult and the
2.12child was at least 16 years of age at the time of the offense, if the court determines that,
2.13due to the violent or serious nature of the alleged offense, the benefit to public safety of
2.14holding an open hearing outweighs the potential consequences for the child due to the
2.15resulting public record.
2.16(d) In all delinquency cases a person named in the charging clause of the petition
2.17as a person directly damaged in person or property shall be entitled, upon request, to be
2.18notified by the court administrator in writing, at the named person's last known address, of
2.19(1) the date of the certification or adjudicatory hearings, and (2) the disposition of the case.
