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Minnesota House of Representatives Session Weekly

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Minnesota House of Representatives Session Weekly SESSION WEEKLY CRIME AND 13-YEAR-OLDS GOVERNOR PROPOSES, LEGISLATURE DISPOSES FIRST NEW LAW HF475 - HF607 A NONPARTISAN PUBLICATION MINNESOTA HOUSE OF REPRESENTATIVES • PUBLIC INFORMATION SERVICES VOLUME 28, NUMBER 7 • FEBRUARY 18, 2011 Flashback to 1991 - 2001 ‘Soy’ charged over biofuel Rep. Torrey Westrom (R-Elbow Lake) sponsored legislation that would require diesel fuel sold in Minnesota to contain a minimum of 2 percent biodiesel Trim number of counties from 87 to 10 fuel by volume starting July 1, 2002. HF362 would increase that minimum amount to 5 percent by 2006. Should the number of Minnesota counties be trimmed “I am soy charged. I want this whole committee to be from 87 to 10? Rep. Phyllis Kahn (DFL-Mpls) thinks soy charged by the end of the meeting,” Westrom told this would streamline government and eliminate the House Agriculture Policy Committee referring to duplication of services offered by the thousands of soybean oil, which is commonly used to make biofuel. local governments in Minnesota. Her proposal was before the House Appropriations Committee’s State Session Weekly Feb. 16, 2001 Government Division, which she chairs. Castrating the law Rep. Steve Trimble (DFL-St. Paul) said that Minnesota To refuse your duty as a town board chair of castrating once had only five counties, and mandated the creation a bull or stallion continually allowed to run free by its of new ones as population grew in pockets. owner, could lead to a misdemeanor charge. A bill, After it was suggested that his office study county HF394, sponsored by Rep. Marty Seifert (R-Marshall) consolidation, State Auditor Mark Dayton told the would repeal the law. Seifert told the House Local committee, “With the resources and staff to do it justice, Government and Metropolitan Affairs Committee sure, I would be glad to take that on.” the bill is part of an ongoing effort to purge obsolete laws from the books. Established in 1947, the law Session Weekly Feb. 15, 1991 was brought to his attention by his father, a former township official, who had come across the law more than 20 years prior and was surprised to see it still on the books. Session Weekly Feb. 9, 2001 Contents SESSION WEEKLY Session Weekly is a nonpartisan publication FIRST READING: How young is too young to be charged as an adult? • 3-4 of Minnesota House of Representatives Public Information Services. Produced HIGHLIGHTS: Gambling lows to nuclear power • 5-12 during session, it covers the previous week’s news from the House. No fee. AT ISSUE: Dayton budget plan kicks off debate on taxation and spending • 13-15 Session Weekly (ISSN 1049-8176) is published weekly during the legislative session by AT ISSUE: Some school districts find four-day school week works as a Minnesota House of Representatives Public budget fix • 16-17 Information Services, 175 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., RESOURCES: House committee chairs • 18 St. Paul, MN 55155-1298. Periodicals postage paid at St. Paul, Minn., and additional offices. RESOURCES: House and Senate roster • 19-20 POSTMASTER: Send address changes to BILL INTRODUCTIONS: HF475–HF607 • 21-23 Session Weekly, House Public Information Services, 175 State Office Building, MINNESOTA INDEX: Black History Month • 24 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155-1298. On the cover: Gary Behm, right, president of St. Louis Antique Lighting Company, and Sysomphone Khotsyphom replace light bulbs in the Capitol chandelier after working for three days to rewire the fixture. The chandelier is on display in the Capitol’s north corridor while the dome is being repaired. Printed on recycled paper which is 50% recycled, 50% post-consumer content. — Photo by Tom Olmscheid FIRST READING How young is too young? Committee debates age for youth being charged as an adult in certain cases BY MIKE COOK When kids are not kids anymore s she had done so many times before, Currently, children ages 14-17 who are alleged to have committed a felony-level Lynn Johnson dropped off her daughter offense can be certified as adults for criminal at day care on June 16, 2006. court or may be prosecuted as an extended A jurisdiction juvenile to give the child one last chance to stay law-abiding. According It would be the last time. At the time of the incident, their daughter’s to state statute, “If a child is prosecuted as The 13-year-old son of the day care killer was 19 days shy of his 14th birthday, an EJJ and is convicted, the child receives provider sexually assaulted Johnson’s meaning he could not be tried as an adult. both a juvenile disposition and a stayed 2-year-old daughter, Emily, adult sentence. If the child violates the before violently throwing juvenile disposition order, the adult the toddler against a wall. sentence may be executed and the child Emily then laid there for may be sent to prison.” two hours while her brain In other cases it is hoped that a child was deprived of oxygen, below a certain age can be rehabilitated. which caused irreversible “These kids are not kids anymore brain damage. She was taken when they commit the intentional act off life support one day later. of murder and should be treated as “The prosecutor in our such,” Travis Johnson said. “I do not case has stated that if she advocate them being incarcerated with had the option, she would adult offenders, but with juveniles of have strongly considered similar age. They need to be punished.” trying this person as an Rep. Torrey Westrom (R-Elbow adult,” Lynn Johnson told Lake) wants to lower the minimum the House Public Safety and age to 10 if the child is alleged to Crime Prevention Policy and have committed a violent juvenile Finance Committee Feb. 10. offense, including first- through third- Travis Johnson, Emily’s degree murder, first- and second-degree father, said the perpetrator manslaughter, criminal sexual conduct pleaded guilty to second- and malicious punishment of a child. It degree manslaughter would also restrict a court’s ability and served two years in a to expunge a juvenile record if the detention center, lived with juvenile is adjudicated delinquent for his aunt for one year on committing a violent juvenile offense. probation and is now living A court may now expunge a juvenile with his parents until his court record at any time, unless the 19th birthday. At age 19 his child is transferred to the custody of juvenile record will be sealed the Department of Corrections. and none of his previous A bill he sponsors, HF306, incidents will show up on was held over by the committee for things like a background possible further action. It has no Senate check for employment. companion. PHOTO BY ANDREW VONBANK “Would you want him “The goal and objective here is to Travis and Lynn Johnson, whose 2-year-old daughter, Emily, was killed improve the juvenile justice system, and or her watching your child by a 13-year-old boy, testify Feb. 10 before the House Public Safety and at day care, coaching their Crime Prevention Policy and Finance Committee in support of a bill that not have glaring omissions of injustice,” Little League game?” he would lower the age of adult certification and extended jurisdiction said. juvenile prosecution for juveniles. First Reading continued on page 4 February 18, 2011 Session Weekly 3 First Reading continued from page 3 as an adult for murder in New York. “This juvenile was convicted of second- “What makes 14 a magical age?” Lynn degree manslaughter. That’s another crime Westrom said. “It’s not a foregone conclusion Johnson said. “Why is our daughter lying in the where the adult sentence is 48 months. You that just lowering the age from 14 to 10 that ground while her killer is allowed to continue take your 10- or 11- or 13-year-old and they those juveniles committing felony crimes, on with his life with minimal interruption?” do 32 months in prison then they are on injuries to persons, would be EJJ or certified The state public defender and supervised release for 16 months, and they’re as an adult. The courts would still have that representatives of the state county attorneys done,” he said. “Meanwhile, the juvenile review and that discretion. … It’s time to get and state corrections associations spoke court has got the power, even without the our arms around this, and not let another against the bill. The American Civil Liberties EJJ provision to keep that juvenile under family, any other parties and citizens of the Union of Minnesota and Minneapolis Police control until age 19. … There’s some things state of Minnesota feel the injustice that the Chief Tim Dolan sent letters in opposition. that juvenile court can do for public safety Johnsons have felt.” Dolan, who called the Johnson case a “sad and there’s some things that adult court can “My intention is to move forward and isolated action committed by a very sick do for public safety.” not let it die again in committee,” said individual,” believes society can do better Rep. Sheldon Johnson (DFL-St. Paul) has Committee Chairman Tony Cornish for youthful offenders than incarceration. “I spent more than three decades working in (R-Good Thunder). know that our adult criminal justice system the state corrections system. He believes that will not rehabilitate a ten to fourteen year children barely out of elementary school have What’s the magical age? old violent offender.” no business facing the same charges as an adult.
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