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SF 2134

as introduced - 87th Legislature (2011 - 2012) Posted on 02/28/2012 09:01am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to public safety; providing for a domestic abuse no contact order as
a criminal order; modifying when proceeding occurs; amending Minnesota
Statutes 2010, section 629.75, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 629.75, subdivision 1, is amended to read:


Subdivision 1.

Establishment; description.

(a) A domestic abuse no contact order
is deleted text begin andeleted text end new text begin a criminalnew text end order issued by a court against a defendant in a criminal proceeding or a
juvenile offender in a delinquency proceeding for:

(1) domestic abuse as defined in section 518B.01, subdivision 2;

(2) harassment or stalking under section 609.749 when committed against a family
or household member as defined in section 518B.01, subdivision 2;

(3) violation of an order for protection under section 518B.01, subdivision 14; or

(4) violation of a prior domestic abuse no contact order under this section or
Minnesota Statutes 2008, section 518B.01, subdivision 22.

(b) A domestic abuse no contact order may be issued as a pretrial order before final
disposition of the underlying criminal case or as a postconviction probationary order. A
domestic abuse no contact order is independent of any condition of pretrial release or
probation imposed on the defendant. A domestic abuse no contact order may be issued in
addition to a similar restriction imposed as a condition of pretrial release or probation. In
the context of a postconviction probationary order, a domestic abuse no contact order may
be issued for an offense listed in paragraph (a) or for a conviction for any offense arising
out of the same set of circumstances as an offense listed in paragraph (a).

deleted text begin (c) A no contact order under this section shall be issued in a proceeding that is
separate from but held immediately following a proceeding in which any pretrial release
or sentencing issues are decided.
 deleted text end