Minnesota Legislature
HF 1648
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2023 01:06pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/10/2023 |
Current Version - as introduced
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A bill for an act
relating to public safety; clarifying and removing outdated statutory language
regarding duty of Office of Justice Programs to designate services to domestic
abuse victims; amending Minnesota Statutes 2022, sections 256I.04, subdivision
2g; 629.341, subdivisions 3, 4; 629.72, subdivision 6; repealing Minnesota Statutes
2022, section 518B.02, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 256I.04, subdivision 2g, is amended to read:
Subd. 2g.
Crisis shelters.
Secure crisis shelters for battered women and their children
designated by the Minnesota Department of deleted text begin Correctionsdeleted text end new text begin Public Safetynew text end are not eligible for
housing support under this chapter.
Sec. 2.
Minnesota Statutes 2022, section 629.341, subdivision 3, is amended to read:
Subd. 3.
Notice of rights.
The peace officer shall tell the victim whether a shelter or
other services are available in the community and give the victim immediate notice of the
legal rights and remedies available. The notice must include furnishing the victim a copy
of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or
county attorney to file a criminal complaint. You also have the right to go to court and file
a petition requesting an order for protection from domestic abuse. The order could include
the following:
(1) an order restraining the abuser from further acts of abuse;
(2) an order directing the abuser to leave your household;
(3) an order preventing the abuser from entering your residence, school, business, or
place of employment;
(4) an order awarding you or the other parent custody of or parenting time with your
minor child or children; or
(5) an order directing the abuser to pay support to you and the minor children if the
abuser has a legal obligation to do so."
The notice must include the resource listing, including telephone number, for the area
deleted text begin battered women'sdeleted text end new text begin program that provides services to victims of domestic abuse asnew text end shelter,
deleted text begin to bedeleted text end designated by the new text begin Office of Justice Programs in the new text end Department of deleted text begin Correctionsdeleted text end new text begin Public
Safetynew text end .
Sec. 3.
Minnesota Statutes 2022, section 629.341, subdivision 4, is amended to read:
Subd. 4.
Report required.
Whenever a peace officer investigates an allegation that an
incident described in subdivision 1 has occurred, whether or not an arrest is made, the officer
shall make a written police report of the alleged incident. The report must contain at least
the following information: the name, address and telephone number of the victim, if provided
by the victim, a statement as to whether an arrest occurred, the name of the arrested person,
and a brief summary of the incident. Data that identify a victim who has made a request
under section 13.82, subdivision 17, paragraph (d), and that are private data under that
subdivision, shall be private in the report required by this section. A copy of this report must
be provided upon request, at no cost, to the victim of domestic abuse, the victim's attorney,
or organizations designated by the Office of Justice Programs in the Department of Public
Safety deleted text begin or the commissioner of correctionsdeleted text end that are providing services to victims of domestic
abuse. The officer shall submit the report to the officer's supervisor or other person to whom
the employer's rules or policies require reports of similar allegations of criminal activity to
be made.
Sec. 4.
Minnesota Statutes 2022, section 629.72, subdivision 6, is amended to read:
Subd. 6.
Notice; release of arrested person.
(a) Immediately after issuance of a citation
in lieu of continued detention under subdivision 1, or the entry of an order for release under
subdivision 2, but before the arrested person is released, the agency having custody of the
arrested person or its designee must make a reasonable and good faith effort to inform orally
the alleged victim, local law enforcement agencies known to be involved in the case, if
different from the agency having custody, and, at the victim's request any local battered
women's and domestic abuse programs established under section 611A.32 or sexual assault
programs of:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court appearance of the arrested person
and the victim's right to be present at the court appearance; and
(4) if the arrested person is charged with domestic abuse, the location and telephone
number of the area deleted text begin battered women's shelterdeleted text end new text begin program that provides services to victims of
domestic abusenew text end as designated by the Office of Justice Programs in the Department of Public
Safety.
(b) As soon as practicable after an order for conditional release is entered, the agency
having custody of the arrested person or its designee must personally deliver or mail to the
alleged victim a copy of the written order and written notice of the information in paragraph
(a), clauses (2) and (3).
(c) Data on the victim and the notice provided by the custodial authority are private data
on individuals as defined in section 13.02, subdivision 12, and are accessible only to the
victim.
Sec. 5. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 518B.02, subdivision 3,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 23-00457
518B.02 DOMESTIC ABUSE COUNSELING PROGRAM OR EDUCATIONAL PROGRAM REQUIRED.
Subd. 3.
Program accountability.
The Office of Justice Programs in the Department of Public Safety will consult with domestic abuse counseling and educational programs, the court, probation departments, and the interagency task force on the prevention of domestic and sexual abuse on acceptable measures to ensure program accountability. By December 30, 2001, the center shall make recommendations to the house of representatives and senate committees and divisions with jurisdiction over criminal justice policy and funding on agreed-upon accountability measures including outcome studies.