HF5135

Purpose

The bill aims to delay changes to the age at which a child can be treated as a delinquent in Minnesota's juvenile justice system. It modifies the definition of “delinquent child” and sets a future date for when certain protections for very young children (under 13) would take effect, keeping current rules in place in the meantime.

Key Definitions and Provisions

• Delinquent child definition (Minnesota Statutes 2024, section 260B.007, subdivision 6): A delinquent child is a child
  • who has violated state or local law (with certain exceptions), or
  • who has violated a federal law or another state's law and whose case is referred to the juvenile court if the act would be a delinquent act here or a crime if committed by an adult, or
  • who has escaped from confinement to a state or local juvenile correctional facility.
• Exceptions:
  • A child alleged to have committed murder in the first degree after turning 16 is not considered a delinquent child, but a child alleged to have committed attempted murder in the first degree is included as delinquent.
  • A child alleged to have engaged in conduct that would, if committed by an adult, violate laws about being hired to engage in sexual penetration or sexual conduct, is not treated as a delinquent child.
• Age-related carve-out (delayed effectiveness):
  • Effective August 1, 2026 (and referenced again as 2027) and applied to acts committed on or after that date, the term delinquent child does not include a child alleged to have committed a delinquent act before turning 13 years old.
  • In short: acts by children younger than 13 would not count as delinquent after the effective date.

Significant Changes to Existing Law

• Delays the age-related reform: The bill postpones the point at which under-13 acts are excluded from delinquent status, keeping the current framework in place until the specified future date.
• Maintains broad delinquency criteria for many cases (state/local, federal/other state laws, juvenile court referral if the act would be a delinquent act in Minnesota or a crime for adults).
• Retains important exceptions:
  • Murder in the first degree for 16-year-olds remains outside the delinquent-child definition, while attempted murder remains included.
  • Conduct involving sexual exploitation (being hired to engage in sexual penetration or sexual conduct) remains outside the delinquent-child definition.
• Adds a specific future date when under-13 acts stop being treated as delinquent, altering potential juvenile court outcomes for the youngest children starting on that date.

Effective Date

• The provisions concerning the age-based change become effective August 1, 2026 (with a note referencing 2027 in the text) and apply to acts committed on or after that date.

Practical Implications (summary)

• Courts and agencies would continue to treat some young offenders as delinquent until the future date, after which children under 13 for certain acts would no longer be considered delinquent.
• The bill preserves stricter handling for certain serious offenses (e.g., murder by older youth) and for certain sexual offenses.
• Overall, the legislation postpones a shift toward treating very young children differently in the juvenile justice system, while keeping several existing protections and exceptions in place.

Relevant Terms delinquent child, delinquency, juvenile court, murder in the first degree, attempted murder in the first degree, federal law, law of another state, state or local law, delinquent act, sexual penetration, sexual conduct, being hired to engage in sexual penetration, being hired (or offered to be hired) to engage in sexual activity, escape from confinement, under 13, August 1, 2026, 2027.