1.1                          A bill for an act 
  1.2             relating to crime prevention; providing that the adult 
  1.3             court has jurisdiction over traffic offenses committed 
  1.4             by juveniles age 16 and above; amending Minnesota 
  1.5             Statutes 2002, sections 260B.007, subdivisions 3, 6, 
  1.6             16; 260B.101, subdivision 1; 260B.103, subdivision 1; 
  1.7             260B.105, subdivision 3; 260B.171, subdivision 5; 
  1.8             260B.225, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9; 
  1.9             260C.007, subdivision 11. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 260B.007, 
  1.12  subdivision 3, is amended to read: 
  1.13     Subd. 3.  [CHILD.] "Child" means an individual under 18 
  1.14  years of age and includes any minor alleged to have been 
  1.15  delinquent or a juvenile traffic offender prior to having become 
  1.16  18 years of age or a juvenile traffic offender prior to having 
  1.17  become 16 years of age.  
  1.18     Sec. 2.  Minnesota Statutes 2002, section 260B.007, 
  1.19  subdivision 6, is amended to read: 
  1.20     Subd. 6.  [DELINQUENT CHILD.] (a) Except as otherwise 
  1.21  provided in paragraph (b), "delinquent child" means a child: 
  1.22     (1) who has violated any state or local law, except as 
  1.23  provided in section 260B.225, subdivision 1, and except for 
  1.24  juvenile offenders as described in subdivisions 16 to 18; 
  1.25     (2) who has violated a federal law or a law of another 
  1.26  state and whose case has been referred to the juvenile court if 
  1.27  the violation would be an act of delinquency if committed in 
  2.1   this state or a crime or offense if committed by an adult; 
  2.2      (3) who has escaped from confinement to a state juvenile 
  2.3   correctional facility after being committed to the custody of 
  2.4   the commissioner of corrections; or 
  2.5      (4) who has escaped from confinement to a local juvenile 
  2.6   correctional facility after being committed to the facility by 
  2.7   the court. 
  2.8      (b) The term delinquent child does not include a child 
  2.9   alleged to have committed murder in the first degree after 
  2.10  becoming 16 years of age, but the term delinquent child does 
  2.11  include a child alleged to have committed attempted murder in 
  2.12  the first degree.  
  2.13     Sec. 3.  Minnesota Statutes 2002, section 260B.007, 
  2.14  subdivision 16, is amended to read: 
  2.15     Subd. 16.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
  2.16  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
  2.17  alcohol offense, a juvenile controlled substance offense, a 
  2.18  violation of section 609.685, or a violation of a local 
  2.19  ordinance, which by its terms prohibits conduct by a child under 
  2.20  the age of 18 years which would be lawful conduct if committed 
  2.21  by an adult.  
  2.22     (b) Except as otherwise provided in paragraph (c), 
  2.23  "juvenile petty offense" also includes an offense that would be 
  2.24  a misdemeanor if committed by an adult.  
  2.25     (c) "Juvenile petty offense" does not include any of the 
  2.26  following: 
  2.27     (1) a misdemeanor-level violation of section 518B.01, 
  2.28  588.20, 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 
  2.29  609.746, 609.748, 609.79, or 617.23; 
  2.30     (2) a major traffic offense or an adult court traffic 
  2.31  offense, as described in section 260B.225; 
  2.32     (3) a misdemeanor-level offense committed by a child whom 
  2.33  the juvenile court previously has found to have committed a 
  2.34  misdemeanor, gross misdemeanor, or felony offense; or 
  2.35     (4) a misdemeanor-level offense committed by a child whom 
  2.36  the juvenile court has found to have committed a 
  3.1   misdemeanor-level juvenile petty offense on two or more prior 
  3.2   occasions, unless the county attorney designates the child on 
  3.3   the petition as a juvenile petty offender notwithstanding this 
  3.4   prior record.  As used in this clause, "misdemeanor-level 
  3.5   juvenile petty offense" includes a misdemeanor-level offense 
  3.6   that would have been a juvenile petty offense if it had been 
  3.7   committed on or after July 1, 1995.  
  3.8      (d) A child who commits a juvenile petty offense is a 
  3.9   "juvenile petty offender."  
  3.10     Sec. 4.  Minnesota Statutes 2002, section 260B.101, 
  3.11  subdivision 1, is amended to read: 
  3.12     Subdivision 1.  [CHILDREN WHO ARE DELINQUENT.] Except as 
  3.13  provided in sections 260B.125 and 260B.225, the juvenile court 
  3.14  has original and exclusive jurisdiction in proceedings 
  3.15  concerning any child who is alleged to be delinquent, a juvenile 
  3.16  traffic offender, a juvenile petty offender, and in proceedings 
  3.17  concerning any minor alleged to have been a delinquent, or a 
  3.18  juvenile petty offender, or a juvenile traffic offender prior to 
  3.19  having become 18 years of age or a juvenile traffic offender 
  3.20  prior to having become 16 years of age.  The juvenile court 
  3.21  shall deal with such a minor as it deals with any other child 
  3.22  who is alleged to be delinquent or a juvenile traffic offender.  
  3.23     Sec. 5.  Minnesota Statutes 2002, section 260B.103, 
  3.24  subdivision 1, is amended to read: 
  3.25     Subdivision 1.  [TRANSFERS REQUIRED.] Except where a 
  3.26  juvenile court has certified an alleged violation in accordance 
  3.27  with the provisions of section 260B.125, the child is alleged to 
  3.28  have committed murder in the first degree after becoming 16 
  3.29  years of age, or a court has original jurisdiction of a child 
  3.30  who has committed an adult court a traffic offense, as defined 
  3.31  in section 260B.225, subdivision 1, clause (c) after becoming 16 
  3.32  years of age, a court other than a juvenile court shall 
  3.33  immediately transfer to the juvenile court of the county the 
  3.34  case of a minor who appears before the court on a charge of 
  3.35  violating any state or local law or ordinance and who is under 
  3.36  18 years of age or who was under 18 years of age at the time of 
  4.1   the commission of the alleged offense.  
  4.2      Sec. 6.  Minnesota Statutes 2002, section 260B.105, 
  4.3   subdivision 3, is amended to read: 
  4.4      Subd. 3.  [INVOLVING INTERSTATE COMPACT.] Except when a 
  4.5   child is alleged to have committed an adult court a traffic 
  4.6   offense, as defined in section 260B.225, subdivision 1, clause 
  4.7   (c) after reaching 16 years of age, if it appears at any stage 
  4.8   of the proceeding that a child before the court is a resident of 
  4.9   another state, the court may invoke the provisions of the 
  4.10  Interstate Compact on Juveniles or, if it is in the best 
  4.11  interests of the child or the public to do so, the court may 
  4.12  place the child in the custody of the child's parent, guardian, 
  4.13  or custodian, if the parent, guardian, or custodian agrees to 
  4.14  accept custody of the child and return the child to the child's 
  4.15  state. 
  4.16     Sec. 7.  Minnesota Statutes 2002, section 260B.171, 
  4.17  subdivision 5, is amended to read: 
  4.18     Subd. 5.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
  4.19  for records relating to an offense where proceedings are public 
  4.20  under section 260B.163, subdivision 1, peace officers' records 
  4.21  of children who are or may be delinquent or who may be engaged 
  4.22  in criminal acts shall be kept separate from records of persons 
  4.23  18 years of age or older and are private data but shall be 
  4.24  disseminated:  (1) by order of the juvenile court, (2) as 
  4.25  required by section 121A.28, (3) as authorized under section 
  4.26  13.82, subdivision 2, (4) to the child or the child's parent or 
  4.27  guardian unless disclosure of a record would interfere with an 
  4.28  ongoing investigation, (5) to the Minnesota crime victims 
  4.29  reparations board as required by section 611A.56, subdivision 2, 
  4.30  clause (f), for the purpose of processing claims for crime 
  4.31  victims reparations, or (6) as otherwise provided in this 
  4.32  subdivision.  Except as provided in paragraph (c), no 
  4.33  photographs of a child taken into custody may be taken without 
  4.34  the consent of the juvenile court unless the child is alleged to 
  4.35  have violated section 169A.20.  Peace officers' records 
  4.36  containing data about children who are victims of crimes or 
  5.1   witnesses to crimes must be administered consistent with section 
  5.2   13.82, subdivisions 2, 3, 6, and 17.  Any person violating any 
  5.3   of the provisions of this subdivision shall be guilty of a 
  5.4   misdemeanor. 
  5.5      In the case of computerized records maintained about 
  5.6   juveniles by peace officers, the requirement of this subdivision 
  5.7   that records about juveniles must be kept separate from adult 
  5.8   records does not mean that a law enforcement agency must keep 
  5.9   its records concerning juveniles on a separate computer system.  
  5.10  Law enforcement agencies may keep juvenile records on the same 
  5.11  computer as adult records and may use a common index to access 
  5.12  both juvenile and adult records so long as the agency has in 
  5.13  place procedures that keep juvenile records in a separate place 
  5.14  in computer storage and that comply with the special data 
  5.15  retention and other requirements associated with protecting data 
  5.16  on juveniles. 
  5.17     (b) Nothing in this subdivision prohibits the exchange of 
  5.18  information by law enforcement agencies if the exchanged 
  5.19  information is pertinent and necessary for law enforcement 
  5.20  purposes. 
  5.21     (c) A photograph may be taken of a child taken into custody 
  5.22  pursuant to section 260B.175, subdivision 1, clause (b), 
  5.23  provided that the photograph must be destroyed when the child 
  5.24  reaches the age of 19 years.  The commissioner of corrections 
  5.25  may photograph juveniles whose legal custody is transferred to 
  5.26  the commissioner.  Photographs of juveniles authorized by this 
  5.27  paragraph may be used only for institution management purposes, 
  5.28  case supervision by parole agents, and to assist law enforcement 
  5.29  agencies to apprehend juvenile offenders.  The commissioner 
  5.30  shall maintain photographs of juveniles in the same manner as 
  5.31  juvenile court records and names under this section. 
  5.32     (d) Traffic investigation reports are open to inspection by 
  5.33  a person who has sustained physical harm or economic loss as a 
  5.34  result of the traffic accident.  Identifying information on 
  5.35  juveniles who are parties to traffic accidents may be disclosed 
  5.36  as authorized under section 13.82, subdivision 4, and accident 
  6.1   reports required under section 169.09 may be released under 
  6.2   section 169.09, subdivision 13, unless the information would 
  6.3   identify a juvenile who was taken into custody or who is 
  6.4   suspected of committing an offense that would be a crime if 
  6.5   committed by an adult, or would associate a juvenile with the 
  6.6   offense, and the offense is not an adult court a traffic offense 
  6.7   that the district court has jurisdiction over under section 
  6.8   260B.225. 
  6.9      (e) The head of a law enforcement agency or a person 
  6.10  specifically given the duty by the head of the law enforcement 
  6.11  agency shall notify the superintendent or chief administrative 
  6.12  officer of a juvenile's school of an incident occurring within 
  6.13  the agency's jurisdiction if: 
  6.14     (1) the agency has probable cause to believe that the 
  6.15  juvenile has committed an offense that would be a crime if 
  6.16  committed as an adult, that the victim of the offense is a 
  6.17  student or staff member of the school, and that notice to the 
  6.18  school is reasonably necessary for the protection of the victim; 
  6.19  or 
  6.20     (2) the agency has probable cause to believe that the 
  6.21  juvenile has committed an offense described in subdivision 3, 
  6.22  paragraph (a), clauses (1) to (3), that would be a crime if 
  6.23  committed by an adult, regardless of whether the victim is a 
  6.24  student or staff member of the school. 
  6.25     A law enforcement agency is not required to notify the 
  6.26  school under this paragraph if the agency determines that notice 
  6.27  would jeopardize an ongoing investigation.  For purposes of this 
  6.28  paragraph, "school" means a public or private elementary, 
  6.29  middle, secondary, or charter school. 
  6.30     (f) In any county in which the county attorney operates or 
  6.31  authorizes the operation of a juvenile prepetition or pretrial 
  6.32  diversion program, a law enforcement agency or county attorney's 
  6.33  office may provide the juvenile diversion program with data 
  6.34  concerning a juvenile who is a participant in or is being 
  6.35  considered for participation in the program. 
  6.36     (g) Upon request of a local social services agency, peace 
  7.1   officer records of children who are or may be delinquent or who 
  7.2   may be engaged in criminal acts may be disseminated to the 
  7.3   agency to promote the best interests of the subject of the data. 
  7.4      (h) Upon written request, the prosecuting authority shall 
  7.5   release investigative data collected by a law enforcement agency 
  7.6   to the victim of a criminal act or alleged criminal act or to 
  7.7   the victim's legal representative, except as otherwise provided 
  7.8   by this paragraph.  Data shall not be released if: 
  7.9      (1) the release to the individual subject of the data would 
  7.10  be prohibited under section 13.821; or 
  7.11     (2) the prosecuting authority reasonably believes: 
  7.12     (i) that the release of that data will interfere with the 
  7.13  investigation; or 
  7.14     (ii) that the request is prompted by a desire on the part 
  7.15  of the requester to engage in unlawful activities. 
  7.16     Sec. 8.  Minnesota Statutes 2002, section 260B.225, 
  7.17  subdivision 1, is amended to read: 
  7.18     Subdivision 1.  [DEFINITIONS DEFINITION.] (a) For purposes 
  7.19  of this section, the following terms have the meanings given 
  7.20  them.  
  7.21     (b) "Major traffic offense" includes any violation of a 
  7.22  state or local traffic law, ordinance, or regulation, or a 
  7.23  federal, state, or local water traffic law not included within 
  7.24  the provisions of paragraph (c).  
  7.25     (c) "Adult court traffic offense" means:  
  7.26     (1) a petty misdemeanor violation of a state or local 
  7.27  traffic law, ordinance, or regulation, or a petty misdemeanor 
  7.28  violation of a federal, state, or local water traffic law; or 
  7.29     (2) a violation of section 169A.20 or any other 
  7.30  misdemeanor- or gross misdemeanor-level traffic violation 
  7.31  committed as part of the same behavioral incident as a violation 
  7.32  of section 169A.20.  
  7.33     Sec. 9.  Minnesota Statutes 2002, section 260B.225, 
  7.34  subdivision 2, is amended to read: 
  7.35     Subd. 2.  [JUVENILE HIGHWAY TRAFFIC OFFENDER.] A child who 
  7.36  commits a major traffic offense before reaching the age of 16 
  8.1   shall be adjudicated a "juvenile highway traffic offender" or a 
  8.2   "juvenile water traffic offender," as the case may be, and shall 
  8.3   not be adjudicated delinquent, unless, as in the case of any 
  8.4   other child alleged to be delinquent, a petition is filed in the 
  8.5   manner provided in section 260B.141, summons issued, notice 
  8.6   given, a hearing held, and the court finds as a further fact 
  8.7   that the child is also delinquent within the meaning and purpose 
  8.8   of the laws relating to juvenile courts.  
  8.9      Sec. 10.  Minnesota Statutes 2002, section 260B.225, 
  8.10  subdivision 3, is amended to read: 
  8.11     Subd. 3.  [ADULT TRAFFIC OFFENSE.] Except as provided in 
  8.12  subdivision 4, A child who commits an adult court a traffic 
  8.13  offense and at the time of the offense was at least 16 years old 
  8.14  shall be subject to the laws and court procedures controlling 
  8.15  adult traffic violators and shall not be under the jurisdiction 
  8.16  of the juvenile court.  When a child is alleged to have 
  8.17  committed an adult court a traffic offense and is at least 16 
  8.18  years old at the time of the offense, the peace officer making 
  8.19  the charge shall follow the arrest procedures prescribed in 
  8.20  section 169.91 and shall make reasonable effort to notify the 
  8.21  child's parent or guardian of the nature of the charge.  
  8.22     Sec. 11.  Minnesota Statutes 2002, section 260B.225, 
  8.23  subdivision 4, is amended to read: 
  8.24     Subd. 4.  [ORIGINAL JURISDICTION; JUVENILE COURT.] The 
  8.25  juvenile court has original jurisdiction over: 
  8.26     (1) all juveniles age 15 and under alleged to have 
  8.27  committed any traffic offense; and. 
  8.28     (2) 16- and 17-year-olds alleged to have committed any 
  8.29  major traffic offense, except that the adult court has original 
  8.30  jurisdiction over: 
  8.31     (i) petty traffic misdemeanors not a part of the same 
  8.32  behavioral incident of a misdemeanor being handled in juvenile 
  8.33  court; and 
  8.34     (ii) violations of section 169A.20 (driving while 
  8.35  impaired), and any other misdemeanor or gross misdemeanor level 
  8.36  traffic violations committed as part of the same behavioral 
  9.1   incident as a violation of section 169A.20.  
  9.2      Sec. 12.  Minnesota Statutes 2002, section 260B.225, 
  9.3   subdivision 5, is amended to read: 
  9.4      Subd. 5.  [MAJOR TRAFFIC OFFENSE PROCEDURES.] When a child 
  9.5   is alleged to have committed a major traffic offense before 
  9.6   reaching the age of 16, the peace officer making the charge 
  9.7   shall file a signed copy of the notice to appear, as provided in 
  9.8   section 169.91, with the juvenile court of the county in which 
  9.9   the violation occurred, and the notice to appear has the effect 
  9.10  of a petition and gives the juvenile court jurisdiction.  Filing 
  9.11  with the court a notice to appear containing the name and 
  9.12  address of the child allegedly committing a major traffic 
  9.13  offense and specifying the offense charged, the time and place 
  9.14  of the alleged violation shall have the effect of a petition and 
  9.15  give the juvenile court jurisdiction.  Any reputable person 
  9.16  having knowledge of a child who commits a major traffic offense 
  9.17  may petition the juvenile court in the manner provided in 
  9.18  section 260B.141.  Whenever a notice to appear or petition is 
  9.19  filed alleging that a child is a juvenile highway traffic 
  9.20  offender or a juvenile water traffic offender, the court shall 
  9.21  summon and notify the persons required to be summoned or 
  9.22  notified as provided in sections 260B.151 and 260B.152.  
  9.23  However, it is not necessary to (1) notify more than one parent, 
  9.24  or (2) publish any notice, or (3) personally serve outside the 
  9.25  state.  
  9.26     Sec. 13.  Minnesota Statutes 2002, section 260B.225, 
  9.27  subdivision 6, is amended to read: 
  9.28     Subd. 6.  [DISPOSITION.] Before making a disposition of any 
  9.29  child found to be a juvenile major traffic offender or to have 
  9.30  violated a misdemeanor- or gross misdemeanor-level traffic law, 
  9.31  the court shall obtain from the department of public safety 
  9.32  information of any previous traffic violation by this juvenile.  
  9.33  In the case of a juvenile water traffic offender, the court 
  9.34  shall obtain from the office where the information is now or 
  9.35  hereafter may be kept information of any previous water traffic 
  9.36  violation by the juvenile.  
 10.1      Sec. 14.  Minnesota Statutes 2002, section 260B.225, 
 10.2   subdivision 7, is amended to read: 
 10.3      Subd. 7.  [TRANSFER OF CASES.] If after a hearing the court 
 10.4   finds that the welfare of a juvenile major highway traffic 
 10.5   offender or a juvenile water traffic offender or the public 
 10.6   safety would be better served under the laws controlling adult 
 10.7   traffic violators, the court may transfer the case to any court 
 10.8   of competent jurisdiction presided over by a salaried judge if 
 10.9   there is one in the county.  The juvenile court transfers the 
 10.10  case by forwarding to the appropriate court the documents in the 
 10.11  court's file together with an order to transfer.  The court to 
 10.12  which the case is transferred shall proceed with the case as if 
 10.13  the jurisdiction of the juvenile court had never attached.  
 10.14     Sec. 15.  Minnesota Statutes 2002, section 260B.225, 
 10.15  subdivision 8, is amended to read: 
 10.16     Subd. 8.  [CRIMINAL COURT DISPOSITIONS; ADULT COURT TRAFFIC 
 10.17  OFFENDERS OFFENSES.] (a) A juvenile who is charged with an adult 
 10.18  court a traffic offense in district court shall be treated as an 
 10.19  adult before trial, except that the juvenile may be held in 
 10.20  secure, pretrial custody only in a secure juvenile detention 
 10.21  facility.  
 10.22     (b) A juvenile who is convicted of an adult court a traffic 
 10.23  offense in district court shall be treated as an adult for 
 10.24  sentencing purposes, except that the court may order the 
 10.25  juvenile placed out of the home only in a residential treatment 
 10.26  facility or in a juvenile correctional facility. 
 10.27     (c) The disposition of an adult court a traffic offender 
 10.28  remains with the county in which the adjudication occurred.  
 10.29     Sec. 16.  Minnesota Statutes 2002, section 260B.225, 
 10.30  subdivision 9, is amended to read: 
 10.31     Subd. 9.  [JUVENILE MAJOR HIGHWAY OR WATER TRAFFIC 
 10.32  OFFENDER.] If the juvenile court finds that the child is a 
 10.33  juvenile major highway or water traffic offender, it may make 
 10.34  any one or more of the following dispositions of the case: 
 10.35     (a) Reprimand the child and counsel with the child and the 
 10.36  parents; 
 11.1      (b) Continue the case for a reasonable period under such 
 11.2   conditions governing the child's use and operation of any motor 
 11.3   vehicles or boat as the court may set; 
 11.4      (c) Require the child to attend a driver improvement school 
 11.5   if one is available within the county; 
 11.6      (d) Recommend to the department of public safety suspension 
 11.7   of the child's driver's license as provided in section 171.16; 
 11.8      (e) If the child is found to have committed two moving 
 11.9   highway traffic violations or to have contributed to a highway 
 11.10  accident involving death, injury, or physical damage in excess 
 11.11  of $100, the court may recommend to the commissioner of public 
 11.12  safety or to the licensing authority of another state the 
 11.13  cancellation of the child's license until the child reaches the 
 11.14  age of 18 years, and the commissioner of public safety is hereby 
 11.15  authorized to cancel the license without hearing.  At any time 
 11.16  before the termination of the period of cancellation, the court 
 11.17  may, for good cause, recommend to the commissioner of public 
 11.18  safety, or to the licensing authority of another state, that the 
 11.19  child's license be returned, and the commissioner of public 
 11.20  safety is authorized to return the license; 
 11.21     (f) Place the child under the supervision of a probation 
 11.22  officer in the child's own home under conditions prescribed by 
 11.23  the court including reasonable rules relating to operation and 
 11.24  use of motor vehicles or boats directed to the correction of the 
 11.25  child's driving habits; 
 11.26     (g) If the child is found to have violated a state or local 
 11.27  law or ordinance and the violation resulted in damage to the 
 11.28  person or property of another, the court may order the child to 
 11.29  make reasonable restitution for the damage; 
 11.30     (h) Require the child to pay a fine of up to $700.  The 
 11.31  court shall order payment of the fine in accordance with a time 
 11.32  payment schedule which shall not impose an undue financial 
 11.33  hardship on the child; 
 11.34     (i) If the court finds that the child committed an offense 
 11.35  described in section 169A.20, the court shall order that a 
 11.36  chemical use assessment be conducted and a report submitted to 
 12.1   the court in the manner prescribed in section 169A.70.  If the 
 12.2   assessment concludes that the child meets the level of care 
 12.3   criteria for placement under rules adopted under section 
 12.4   254A.03, subdivision 3, the report must recommend a level of 
 12.5   care for the child.  The court may require that level of care in 
 12.6   its disposition order.  In addition, the court may require any 
 12.7   child ordered to undergo an assessment to pay a chemical 
 12.8   dependency assessment charge of $75.  The court shall forward 
 12.9   the assessment charge to the commissioner of finance to be 
 12.10  credited to the general fund.  The state shall reimburse 
 12.11  counties for the total cost of the assessment in the manner 
 12.12  provided in section 169A.284.  
 12.13     Sec. 17.  Minnesota Statutes 2002, section 260C.007, 
 12.14  subdivision 11, is amended to read: 
 12.15     Subd. 11.  [DELINQUENT CHILD.] "Delinquent child" means a 
 12.16  child: 
 12.17     (1) who has violated any state or local law, except as 
 12.18  provided in section 260B.225, subdivision 1, and except for 
 12.19  juvenile offenders as described in subdivisions 19 and 28; or 
 12.20     (2) who has violated a federal law or a law of another 
 12.21  state and whose case has been referred to the juvenile court if 
 12.22  the violation would be an act of delinquency if committed in 
 12.23  this state or a crime or offense if committed by an adult.  
 12.24     Sec. 18.  [EFFECTIVE DATE.] 
 12.25     Sections 1 to 17 are effective July 1, 2003, and apply to 
 12.26  offenses committed on or after that date.