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HF 2295

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 04:21pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/25/2014
1st Engrossment Posted on 03/13/2014
2nd Engrossment Posted on 03/17/2014

Current Version - 2nd Engrossment

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A bill for an act
relating to public safety; requiring judicial districts to establish minimum
standards as a condition to using GPS to monitor domestic abuse offenders;
protecting victim and defendant location data; amending Minnesota Statutes
2012, sections 609.135, subdivision 5a; 629.72, subdivision 2a; repealing
Minnesota Statutes 2012, section 611A.07, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 609.135, subdivision 5a, is amended to read:


Subd. 5a.

Domestic abuse victims; electronic monitoring.

(a) Until deleted text begin the
commissioner of corrections
deleted text end new text begin a judicial districtnew text end has adopted standards new text begin under section 629.72,
subdivision 2a, paragraph (b),
new text end governing electronic monitoring devices used to protect
victims of domestic abuse, deleted text begin thedeleted text end new text begin anew text end courtnew text begin within the judicial districtnew text end , as a condition of a stay
of imposition or execution of a sentence, may not order an offender convicted of a crime
described in paragraph (b) to use an electronic monitoring device to protect a victim's safety.

(b) This subdivision applies to the following crimes, if committed by the defendant
against a family or household member as defined in section 518B.01, subdivision 2:

(1) violations of orders for protection issued under chapter 518B;

(2) assault in the first, second, third, or fifth degree under section 609.221, 609.222,
609.223, or 609.224; or domestic assault under section 609.2242;

(3) criminal damage to property under section 609.595;

(4) disorderly conduct under section 609.72;

(5) harassing telephone calls under section 609.79;

(6) burglary under section 609.582;

(7) trespass under section 609.605;

(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under
section 609.342, 609.343, 609.344, 609.345, or 609.3451; deleted text begin and
deleted text end

(9) terroristic threats under section 609.713deleted text begin .deleted text end new text begin ;
new text end

new text begin (10) stalking under section 609.749;
new text end

new text begin (11) violations of harassment restraining orders under section 609.748;
new text end

new text begin (12) violations of domestic abuse no contact orders under section 629.75; and
new text end

new text begin (13) interference with an emergency call under section 609.78, subdivision 2.
new text end

(c) deleted text begin Notwithstanding paragraph (a), the judges in the Tenth Judicial District may
order, as a condition of a stay of imposition or execution of a sentence, a defendant
convicted of a crime described in paragraph (b), to use an electronic monitoring device
to protect the victim's safety. The judges shall make data on the use of electronic
monitoring devices to protect a victim's safety in the Tenth Judicial District available to
the commissioner of corrections to evaluate and to aid in development of standards for the
use of devices to protect victims of domestic abuse.
deleted text end new text begin The location data associated with the
victim and defendant are security information as defined in section 13.37. Location data
maintained by a law enforcement agency, probation authority, prosecutorial agency, or
court services department may be shared among those agencies to develop and monitor
conditions of a stayed sentence under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 629.72, subdivision 2a, is amended to read:


Subd. 2a.

Electronic monitoring; condition of pretrial release.

(a) Until deleted text begin the
commissioner of corrections
deleted text end new text begin a judicial districtnew text end has adopted standardsnew text begin under paragraph
(b)
new text end governing electronic monitoring devices used to protect victims of domestic abuse,
deleted text begin thedeleted text end new text begin anew text end courtnew text begin within the judicial districtnew text end , as a condition of release, may not order a person
arrested for a crime described in section 609.135, subdivision 5a, paragraph (b), to use an
electronic monitoring device to protect a victim's safety.

(b) deleted text begin Notwithstanding paragraph (a), district courts in the Tenth Judicial District may
order, as a condition of a release, a person arrested on a charge of a crime described
in section 609.135, subdivision 5a, paragraph (b), to use an electronic monitoring
device to protect the victim's safety. The courts shall make data on the use of electronic
monitoring devices to protect a victim's safety in the Tenth Judicial District available to
the commissioner of corrections to evaluate and to aid in development of standards for the
use of devices to protect victims of domestic abuse.
deleted text end new text begin The chief judge of a judicial district
may appoint and convene an advisory group to develop and biennially update standards
for the use of electronic monitoring and global positioning system devices to protect
victims of domestic abuse. The advisory group must be comprised of representatives
from law enforcement, prosecutors, defense attorneys, corrections, court administrators,
probation, judges, and crime victim organizations, and include an industry representative
with expertise in global positioning system devices. At a minimum, the standards must:
new text end

new text begin (1) require a judge to order only the use of active, real-time monitoring;
new text end

new text begin (2) require that the victim and defendant be provided with information on the risks and
benefits of using active, real-time monitoring and a notice outlining the district's standards;
new text end

new text begin (3) require informed, voluntary consent by the victim before the defendant may be
released on electronic monitoring, and provide for time-sensitive procedures if a victim
withdraws consent;
new text end

new text begin (4) address financial costs to the defendants and victims;
new text end

new text begin (5) promote policies and procedures that eliminate disproportionate impact adverse
to underrepresented groups and populations; and
new text end

new text begin (6) provide for ongoing training and consultation with the advisory group members
to continually improve victim safety and defendant accountability.
new text end

new text begin (c) The location data associated with the victim and defendant are security
information as defined in section 13.37. Location data maintained by a law enforcement
agency, probation authority, prosecutorial agency, or court services department may be
shared among those agencies to develop and monitor conditions of release under this
section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 15, 2014.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 611A.07, subdivision 1, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end