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HF 2710

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/29/2016 12:30pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/08/2016
1st Engrossment Posted on 03/29/2016

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; modifying order for protection and harassment
restraining order provisions; amending Minnesota Statutes 2014, section
609.748; Minnesota Statutes 2015 Supplement, section 518B.01, subdivision 4.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 518B.01, subdivision 4, is
amended to read:


Subd. 4.

Order for protection.

There shall exist an action known as a petition for
an order for protection in cases of domestic abuse.

(a) A petition for relief under this section may be made by any family or household
member personally or by a family or household member, a guardian as defined in section
524.1-201, clause (26), or, if the court finds that it is in the best interests of the minor, by deleted text begin a
reputable
deleted text end new text begin annew text end adult age 25 or older on behalf of minor family or household members. A
minor age 16 or older may make a petition on the minor's own behalf against a spouse
or former spouse, or a person with whom the minor has a child in common, if the court
determines that the minor has sufficient maturity and judgment and that it is in the best
interests of the minor.

(b) A petition for relief shall allege the existence of domestic abuse, and shall be
accompanied by an affidavit made under oath stating the specific facts and circumstances
from which relief is sought.

(c) A petition for relief must state whether the petitioner has ever had an order for
protection in effect against the respondent.

(d) A petition for relief must state whether there is an existing order for protection
in effect under this chapter governing both the parties and whether there is a pending
lawsuit, complaint, petition or other action between the parties under chapter 257, 518,
518A, 518B, or 518C. The court administrator shall verify the terms of any existing order
governing the parties. The court may not delay granting relief because of the existence
of a pending action between the parties or the necessity of verifying the terms of an
existing order. A subsequent order in a separate action under this chapter may modify
only the provision of an existing order that grants relief authorized under subdivision 6,
paragraph (a), clause (1). A petition for relief may be granted, regardless of whether there
is a pending action between the parties.

(e) The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.

(f) The court shall advise a petitioner under paragraph (e) of the right to file a motion
and affidavit and to sue in forma pauperis pursuant to section 563.01 and shall assist with
the writing and filing of the motion and affidavit.

(g) The court shall advise a petitioner under paragraph (e) of the right to serve the
respondent by published notice under subdivision 5, paragraph (b), if the respondent is
avoiding personal service by concealment or otherwise, and shall assist with the writing
and filing of the affidavit.

(h) The court shall advise the petitioner of the right to seek restitution under the
petition for relief.

(i) The court shall advise the petitioner of the right to request a hearing under
subdivision 7, paragraph (c). If the petitioner does not request a hearing, the court shall
advise the petitioner that the respondent may request a hearing and that notice of the hearing
date and time will be provided to the petitioner by mail at least five days before the hearing.

(j) The court shall advise the petitioner of the right to request supervised parenting
time, as provided in section 518.175, subdivision 1a.

Sec. 2.

Minnesota Statutes 2014, section 609.748, is amended to read:


609.748 HARASSMENT; RESTRAINING ORDER.

Subdivision 1.

Definition.

For the purposes of this section, the following terms have
the meanings given them in this subdivision.

(a) "Harassment" includes:

(1) a single incident of physical or sexual assault or repeated incidents of intrusive or
unwanted acts, words, or gestures that have a substantial adverse effect or are intended to
have a substantial adverse effect on the safety, security, or privacy of another, regardless
of the relationship between the actor and the intended target;

(2) targeted residential picketing; and

(3) a pattern of attending public events after being notified that the actor's presence
at the event is harassing to another.

(b) "Respondent" includes any adults or juveniles alleged to have engaged in
harassment or organizations alleged to have sponsored or promoted harassment.

(c) "Targeted residential picketing" includes the following acts when committed on
more than one occasion:

(1) marching, standing, or patrolling by one or more persons directed solely at a
particular residential building in a manner that adversely affects the safety, security, or
privacy of an occupant of the building; or

(2) marching, standing, or patrolling by one or more persons which prevents an
occupant of a residential building from gaining access to or exiting from the property on
which the residential building is located.

new text begin (d) "Guardian" has the meaning given in section 524.1-201, clause (26).
new text end

Subd. 2.

Restraining order; court jurisdiction.

new text begin (a) new text end A person who is a victim of
harassment may deleted text begin seek a restraining order fromdeleted text end new text begin petitionnew text end the district court new text begin for a restraining
order
new text end in the manner provided in this section.new text begin In addition:
new text end

new text begin (1)new text end the parent, guardian, or stepparent of a minor who is a victim of harassment may
seek a restraining order from the district court on behalf of the minordeleted text begin .deleted text end new text begin ; or
new text end

new text begin (2) an adult age 25 or older may petition on behalf of the minor, if the court finds it
is in the best interests of the minor.
new text end

new text begin (b)new text end An application for relief under this section may be filed in the county of residence
of either party or in the county in which the alleged harassment occurred. There are no
residency requirements that apply to a petition for a harassment restraining order.

Subd. 3.

Contents of petition; hearing; notice.

(a) A petition for relief must
allege facts sufficient to show the following:

(1) the name of the alleged harassment victim;

(2) the name of the respondent; and

(3) that the respondent has engaged in harassment.

A petition for relief must state whether the petitioner has had a previous restraining order
in effect against the respondent. The petition shall be accompanied by an affidavit made
under oath stating the specific facts and circumstances from which relief is sought. The
court shall provide simplified forms and clerical assistance to help with the writing and
filing of a petition under this section and shall advise the petitioner of the right to sue in
forma pauperis under section 563.01. The court shall advise the petitioner of the right to
request a hearing. If the petitioner does not request a hearing, the court shall advise the
petitioner that the respondent may request a hearing and that notice of the hearing date
and time will be provided to the petitioner by mail at least five days before the hearing.
Upon receipt of the petition and a request for a hearing by the petitioner, the court shall
order a hearing. Personal service must be made upon the respondent not less than five
days before the hearing. If personal service cannot be completed in time to give the
respondent the minimum notice required under this paragraph, the court may set a new
hearing date. Nothing in this section shall be construed as requiring a hearing on a
matter that has no merit.

(b) Notwithstanding paragraph (a), the order for a hearing and a temporary order
issued under subdivision 4 may be served on the respondent by means of a one-week
published notice under section 645.11, if:

(1) the petitioner files an affidavit with the court stating that an attempt at personal
service made by a sheriff was unsuccessful because the respondent is avoiding service by
concealment or otherwise; and

(2) a copy of the petition and order for hearing and any temporary restraining order
has been mailed to the respondent at the respondent's residence or place of business, if
the respondent is an organization, or the respondent'snew text begin last knownnew text end residence or place of
business deleted text begin is not known to the petitionerdeleted text end .

(c) Regardless of the method of service, if the respondent is a juvenile, whenever
possible, the court also shall have notice of the pendency of the case and of the time and
place of the hearing served by mail at the last known address upon any parent or guardian
of the juvenile respondent who is not the petitioner.

(d) A request for a hearing under this subdivision must be made within 20 days
of service of the petition.

Subd. 3a.

Filing fee; cost of service.

The filing fees for a restraining order under
this section are waived for the petitioner new text begin and the respondent new text end if the petition alleges acts
that would constitute a violation of section 609.749, subdivision 2, 3, 4, or 5, or sections
609.342 to 609.3451. The court administrator and the sheriff of any county in this state
shall perform their duties relating to service of process without charge to the petitioner.
The court shall direct payment of the reasonable costs of service of process if served by a
private process server when the sheriff is unavailable or if service is made by publication.
deleted text begin The court may direct a respondent to pay to the court administrator the petitioner's filing
fees and reasonable costs of service of process if the court determines that the respondent
has the ability to pay the petitioner's fees and costs.
deleted text end

new text begin Subd. 3b. new text end

new text begin Information on petitioner's location or residence. new text end

new text begin Upon petitioner's
request, information maintained by the court regarding the petitioner's location or
residence shall be sealed and may be disclosed only to court personnel or law enforcement
for purposes of service of process, conducting an investigation, or enforcing an order.
new text end

Subd. 4.

Temporary restraining order; relief by court.

(a) The court may issue a
temporary restraining order that provides any or all of the following:

(1) orders the respondent to cease or avoid the harassment of deleted text begin another persondeleted text end new text begin the
petitioner
new text end ; or

(2) orders the respondent to have no contact with deleted text begin another persondeleted text end new text begin the petitionernew text end new text begin ,
whether in person, by telephone, social media, or electronic mail or message, through
electronic devices; through a third party; or by any other means
new text end .

(b) The court may issue an order under paragraph (a) if the petitioner files a petition
in compliance with subdivision 3 and if the court finds reasonable grounds to believe that
the respondent has engaged in harassment. When a petition alleges harassment as defined
by subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate
and present danger of harassment before the court may issue a temporary restraining order
under this section. When signed by a referee, the temporary order becomes effective
upon the referee's signature.

(c) Notice need not be given to the respondent before the court issues a temporary
restraining order under this subdivision. A copy of the restraining order must be served on
the respondent along with the order for hearing and petition, as provided in subdivision 3.

new text begin (d)new text end If the respondent is a juvenile, whenever possible, a copy of the restraining order,
along with notice of the pendency of the case and the time and place of the hearing,
shall also be served by mail at the last known address upon any parent or guardian of the
juvenile respondent who is not the petitioner. A temporary restraining order may be
entered only against the respondent named in the petition.

deleted text begin (d)deleted text end new text begin (e)new text end The temporary restraining order is in effect until a hearing is held on the
issuance of a restraining order under subdivision 5. The court shall hold the hearing on
the issuance of a restraining order if the petitioner requests a hearing. The hearing may
be continued by the court upon a showing that the respondent has not been served with a
copy of the temporary restraining order despite the exercise of due diligence or if service
is made by published notice under subdivision 3 and the petitioner files the affidavit
required under that subdivision.

deleted text begin (e)deleted text end new text begin (f)new text end If the temporary restraining order has been issued and the respondent requests
a hearing, the hearing shall be scheduled by the court upon receipt of the respondent's
request. Service of the notice of hearing must be made upon the petitioner not less than
five days prior to the hearing. The court shall serve the notice of the hearing upon the
petitioner by mail in the manner provided in the Rules of Civil Procedure for pleadings
subsequent to a complaint and motions and shall also mail notice of the date and time of
the hearing to the respondent. In the event that service cannot be completed in time to
give the respondent or petitioner the minimum notice required under this subdivision, the
court may set a new hearing date.

deleted text begin (f)deleted text end new text begin (g)new text end A request for a hearing under this subdivision must be made within deleted text begin 45deleted text end new text begin 20
new text end days after the temporary restraining order is deleted text begin issueddeleted text end new text begin servednew text end .

new text begin (h) If neither party requests a hearing, then the temporary order becomes a valid
order for two years from the date of issue.
new text end

Subd. 5.

Restraining order.

(a) The court may issue a restraining order that
provides any or all of the following:

(1) orders the respondent to cease or avoid the harassment of deleted text begin another persondeleted text end new text begin the
petitioner
new text end ; or

(2) orders the respondent to have no contact with deleted text begin another persondeleted text end new text begin the petitioner,
whether in person; by telephone, social media, or electronic mail or message; through
electronic devices; through a third party; or by any other means
new text end .

(b) The court may issue an order under paragraph (a) if all of the following occur:

(1) the petitioner has filed a petition under subdivision 3;

(2) the sheriff has served respondent with a copy of the temporary restraining order
obtained under subdivision 4, and with notice of the right to request a hearing, or service
has been made by publication under subdivision 3, paragraph (b); and

(3) the court finds at the hearing that there are reasonable grounds to believe that
the respondent has engaged in harassment.

new text begin (c) new text end A restraining order may be issued only against the respondent named in the
petition; except that if the respondent is an organization, the order may be issued against
and apply to all of the members of the organization. deleted text begin If the court finds that the petitioner has
had two or more previous restraining orders in effect against the same respondent or the
respondent has violated a prior or existing restraining order on two or more occasions, relief
granted by the restraining order may be for a period of up to 50 years. In all other cases,
deleted text end

new text begin (d)new text end Relief granted by the restraining order must be for a fixed period of not more
than two yearsnew text begin except as provided in subdivision 5anew text end .

new text begin (e)new text end When a referee presides at the hearing on the petition, the restraining order
becomes effective upon the referee's signature.

deleted text begin (c)deleted text end new text begin (f)new text end An order issued under this subdivision must be personally served upon the
respondent.

deleted text begin (d) If the court orders relief for a period of up to 50 years under paragraph (a),
the respondent named in the restraining order may request to have the restraining order
vacated or modified if the order has been in effect for at least five years and the respondent
has not violated the order. Application for relief under this paragraph must be made in the
county in which the restraining order was issued. Upon receipt of the request, the court
shall set a hearing date. Personal service must be made upon the petitioner named in the
restraining order not less than 30 days before the date of the hearing. At the hearing, the
respondent named in the restraining order has the burden of proving by a preponderance
of the evidence that there has been a material change in circumstances and that the reasons
upon which the court relied in granting the restraining order no longer apply and are
unlikely to occur. If the court finds that the respondent named in the restraining order has
met the burden of proof, the court may vacate or modify the order. If the court finds that the
respondent named in the restraining order has not met the burden of proof, the court shall
deny the request and no request may be made to vacate or modify the restraining order
until five years have elapsed from the date of denial. An order vacated or modified under
this paragraph must be personally served on the petitioner named in the restraining order.
deleted text end

new text begin Subd. 5a. new text end

new text begin Orders for a period of up to 50 years. new text end

new text begin (a) Relief granted by the
harassment restraining order may be for a period of up to 50 years, if the court finds that:
new text end

new text begin (1) the respondent has violated a prior or existing harassment restraining order on
two or more occasions; or
new text end

new text begin (2) the petitioner has had two or more harassment restraining orders in effect against
the same respondent.
new text end

new text begin (b) If the court orders relief for a period of up to 50 years under this subdivision
the respondent named in the restraining order may request to have the restraining order
vacated or modified as provided in subdivision 5c.
new text end

new text begin Subd. 5b. new text end

new text begin Subsequent orders and extensions. new text end

new text begin (a) Upon application, notice to
parties, and hearing, the court may extend an existing harassment restraining order or,
if a petitioner's harassment restraining order is no longer in effect when a subsequent
application is made, grant a new order. A hearing is not required for an extension of an
existing order if a temporary restraining order is issued under subdivision 4, paragraph
(a), and the respondent does not request a hearing on the temporary restraining order as
allowed under subdivision 4, paragraph (f). The court may extend the terms of an existing
order, or, if an order is no longer in effect, grant a new order upon a showing that:
new text end

new text begin (1) the respondent has violated a prior or existing harassment restraining order;
new text end

new text begin (2) the petitioner is reasonably in fear of harassment from the respondent;
new text end

new text begin (3) the respondent has engaged in acts that would constitute a violation of section
609.749, subdivision 2, 3, 4, or 5 or sections 609.342 to 609.3451; or
new text end

new text begin (4) the respondent is incarcerated and about to be released, or has recently been
released, from incarceration.
new text end

new text begin (b) A petitioner does not need to show that harassment is imminent to obtain an
extension or a subsequent order under this subdivision.
new text end

new text begin (c) A request for a hearing under this subdivision must be made within 20 days after
the application for subsequent order or extension is served.
new text end

new text begin (d) An order issued under this paragraph may restrain the harassing party from
committing acts of harassment and prohibit the harassing party from having any contact
from the petitioner, whether in person; by telephone, mail, social media, or electronic mail
or message; through electronic devices; through a third party; or by any other means.
new text end

new text begin Subd. 5c. new text end

new text begin Modifying order. new text end

new text begin (a) Upon application, notice to all parties, and hearing,
the court may modify the terms of an existing harassment restraining order.
new text end

new text begin (b) If the court orders relief for a period of up to 50 years under subdivision 5a,
the respondent named in the restraining order may request to have the restraining order
vacated or modified if the order has been in effect for at least five years and the respondent
has not violated the order. Application for relief under this paragraph must be made in the
county in which the restraining order was issued. Upon receipt of the request, the court
shall set a hearing date. Personal service must be made upon the petitioner named in the
restraining order not less than 30 days before the date of the hearing. At the hearing, the
respondent named in the restraining order has the burden of proving by a preponderance
of the evidence that there has been a material change in circumstances and that the reasons
upon which the court relied in granting the restraining order no longer apply and are
unlikely to occur. If the court finds that the respondent named in the restraining order has
met the burden of proof, the court may vacate or modify the order. If the court finds that the
respondent named in the restraining order has not met the burden of proof, the court shall
deny the request and no request may be made to vacate or modify the restraining order
until five years have elapsed from the date of denial. An order vacated or modified under
this paragraph must be personally served on the petitioner named in the restraining order.
new text end

new text begin (c) A request for a hearing under this subdivision must be made within 20 days after
the application for modification or vacation is served.
new text end

Subd. 6.

Violation of restraining order.

(a) A person who violates a restraining
order issued under this section is subject to the penalties provided in paragraphs (b) to (d).

(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary
restraining order or a restraining order is granted under this section and the respondent
knows of the order, violation of the order is a misdemeanor.

(c) A person is guilty of a gross misdemeanor who violates the order within ten
years of a previous qualified domestic violence-related offense conviction or adjudication
of delinquency.

(d) A person is guilty of a felony and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both, if the
person violates the order:

(1) within ten years of the first of two or more previous qualified domestic
violence-related offense convictions or adjudications of delinquency;

(2) because of the victim's or another's actual or perceived race, color, religion, sex,
sexual orientation, disability as defined in section 363A.03, age, or national origin;

(3) by falsely impersonating another;

(4) while possessing a dangerous weapon;

(5) with an intent to influence or otherwise tamper with a juror or a judicial
proceeding or with intent to retaliate against a judicial officer, as defined in section
609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's
performance of official duties in connection with a judicial proceeding; or

(6) against a victim under the age of 18, if the respondent is more than 36 months
older than the victim.

(e) A person who commits violations in two or more counties may be prosecuted in
any county in which one of the acts was committed for all acts in violation of this section.

(f) A person may be prosecuted at the place where any call is made or received or, in
the case of wireless or electronic communication or any communication made through
any available technologies, where the actor or victim resides, or in the jurisdiction of
the victim's designated address if the victim participates in the address confidentiality
program established under chapter 5B.

(g) A peace officer shall arrest without a warrant new text begin as provided in section 629.34
new text end and take into custody a person whom the peace officer has probable cause to believe
has violated an order issued under deleted text begin subdivision 4 or 5deleted text end new text begin this sectionnew text end if the existence of the
order can be verified by the officer.

(h) A violation of a temporary restraining order or restraining order shall also
constitute contempt of court.

(i) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested
party designated by the court, alleging that the respondent has violated an order issued
under subdivision 4 or 5, the court may issue an order to the respondent requiring the
respondent to appear within 14 days and show cause why the respondent should not be
held in contempt of court. The court also shall refer the violation of the order to the
appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).

Subd. 7.

Copy to law enforcement agency.

new text begin (a) new text end An order granted under this section
shall be forwarded by the court administrator within 24 hours to the local law enforcement
agency with jurisdiction over the residence of the deleted text begin applicantdeleted text end new text begin petitionernew text end . Each appropriate
law enforcement agency shall make available to other law enforcement officers through
a system for verification, information as to the existence and status of any order issued
under this section.

new text begin (b) If the petitioner notifies the court administrator of a change in the petitioner's
residence so that a different law enforcement agency has jurisdiction over the residence,
the harassment restraining order and any continuance of a harassment restraining order
must be forwarded by the court administrator to the new law enforcement agency within
24 hours of the notice. If the petitioner notifies the law enforcement agency that a
harassment restraining order has been issued under this section and the petitioner has
established a new residence within that agency's jurisdiction, within 24 hours the local
law enforcement agency shall request a copy of the harassment restraining order from the
court administrator in the county that issued the order.
new text end

new text begin (c) When a harassment restraining order is granted, the petitioner for a harassing
restraining order must be told by the court that:
new text end

new text begin (1) notification of a change in residence should be given immediately to the court
administrator and to the local law enforcement agency having jurisdiction over the new
residence of the petitioner;
new text end

new text begin (2) the reason for notification of a change in residence is to forward a harassment
restraining order to the proper law enforcement agency; and
new text end

new text begin (3) the harassment restraining order must be forwarded to the law enforcement
agency having jurisdiction over the new residence within 24 hours of notification of a
change in residence, whether notification is given to the court administrator or to the local
law enforcement agency having jurisdiction over the petitioner's new residence.
new text end

new text begin (d) A harassment restraining order is enforceable even if the petitioner does not notify
the court administrator or the appropriate law enforcement agency of a change in residence.
new text end

Subd. 8.

Notice.

(a) An order granted under this section must contain a conspicuous
notice to the respondent:

(1) of the specific conduct that will constitute a violation of the order;

(2) that violation of an order is either (i) a misdemeanor punishable by imprisonment
for up to 90 days or a fine of up to $1,000, or both, (ii) a gross misdemeanor punishable
by imprisonment for up to one year or a fine of up to $3,000, or both, or (iii) a felony
punishable by imprisonment for up to five years or a fine of up to $10,000, or both; and

(3) that a peace officer must arrest without warrant and take into custody a person if
the peace officer has probable cause to believe the person has violated a restraining order.

(b) If the court grants relief for a period of up to 50 years under subdivision deleted text begin 5deleted text end new text begin 5anew text end ,
the order must also contain a conspicuous notice to the respondent that the respondent
must wait five years to seek a modification of the order.

new text begin Subd. 8a. new text end

new text begin Assistance of sheriff in service or execution. new text end

new text begin When an order is issued
under this section upon request of the petitioner, the court shall order the sheriff to
accompany the petitioner and assist in execution of service of the harassment restraining
order. If the application for relief is brought in a county in which the respondent is not
present, the sheriff shall forward the pleadings necessary for service upon the respondent
to the sheriff of the county in which the respondent is present. This transmittal must
be expedited to allow for timely service.
new text end

new text begin Subd. 8b. new text end

new text begin Service by others. new text end

new text begin Peace officers licensed by the state and corrections
officers, including, but not limited to, probation officers, court services officers, parole
officers, and employees of jails or facilities, may serve a harassment restraining order.
Outside of Minnesota, service may be accomplished under the laws of the state where
the respondent is located.
new text end

Subd. 9.

Effect on local ordinances.

Nothing in this section shall supersede or
preclude the continuation or adoption of any local ordinance which applies to a broader
scope of targeted residential picketing conduct than that described in subdivision 1.

Subd. 10.

Prohibition against employer retaliation.

(a) An employer shall not
discharge, discipline, threaten, otherwise discriminate against, or penalize an employee
regarding the employee's compensation, terms, conditions, location, or privileges of
employment, because the employee took reasonable time off from work to obtain or
attempt to obtain relief under this section. Except in cases of imminent danger to the health
or safety of the employee or the employee's child, or unless impracticable, an employee
who is absent from the workplace shall give 48 hours' advance notice to the employer.
Upon request of the employer, the employee shall provide verification that supports the
employee's reason for being absent from the workplace. All information related to the
employee's leave pursuant to this section shall be kept confidential by the employer.

(b) An employer who violates paragraph (a) is guilty of a misdemeanor and may
be punished for contempt of court. In addition, the court shall order the employer to pay
back wages and offer job reinstatement to any employee discharged from employment in
violation of paragraph (a).

(c) In addition to any remedies otherwise provided by law, an employee injured by
a violation of paragraph (a) may bring a civil action for recovery of damages, together
with costs and disbursements, including reasonable attorneys fees, and may receive such
injunctive and other equitable relief, including reinstatement, as determined by the court.