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Bill C-204

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2nd Session, 37th Parliament,
51 Elizabeth II, 2002

House of Commons of Canada

BILL C-204

An Act to amend the Youth Criminal Justice Act

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2002, c. 1

YOUTH CRIMINAL JUSTICE ACT

1. Subsection 2(1) of the Youth Criminal Justice Act is amended by adding the following in alphabetical order:

``home invasion offence''
« infraction d'invasion de domicile »

``home invasion offence'' means an offence committed by a young person under paragraph 348(1)(d) (breaking and entering in relation to a dwelling-house) of the Criminal Code or an offence committed by a young person in relation to a dwelling-house under any of subsection 279(2) (forcible confinement) and sections 343 (robbery) and 346 (extortion) of that Act, if the dwelling-house was occupied at the time of the commission of the offence and the young person, in committing the offence, knew that or was reckless as to whether the dwelling-house was occupied and used violence or threats of violence to a person or property.

2. Section 42 of the Act is amended by adding the following after subsection (2):

Home invasion

(2.1) Despite paragraph (2)(k), when a youth justice court finds a young person guilty of a home invasion offence and is imposing a youth sentence, the court shall, in addition to any other punishment imposed by the court under subsection (2), place the young person on probation with the condition that the young person comply with a curfew which shall remain in effect for a period of one year or for a period that ends when the young person becomes eighteen years of age, whichever period is greater, to a maximum of three years.

Subsequent offences

(2.2) When a youth justice court finds a young person guilty of a second or subsequent home invasion offence and is imposing a youth sentence, the court shall, in addition to any other punishment imposed by the court under subsection (2), order the young person to serve a minimum sentence of thirty days in custody.

3. The Act is amended by adding the following after section 55:

Duty to report breach

55.1 (1) Any responsible person who becomes aware that a young person has breached the condition referred to in subsection 42(2.1) shall immediately report the breach to the authority responsible for monitoring the young person's probation.

Duty to report breach

(2) Any responsible person who becomes aware that a young person has breached a condition of an order referred to in section 55 shall immediately report the breach to the authority responsible for monitoring the young person's probation unless the judge, at the time the order was made, specified that a breach of that condition was not required to be reported under this subsection.

Responsible person

(3) For the purposes of this section, ``responsible person'' means a custodial parent of a young person or any person who is directly responsible for monitoring the young person's probation.

4. Section 139 of the Act is amended by adding the following after subsection (3):

Failure to report breach

(4) Every person who fails to report the breach of a condition referred to in subsection 42(2.1) or section 55 when required to do so under section 55.1 is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both.

COMING INTO FORCE

5. This Act comes into force on the last day on which any of sections 2, 42, 55 and 139 of the Youth Criminal Justice Act, chapter 1 of the Statutes of Canada, 2002, come into force.