HF 47

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; providing a cause of action 
  1.3             for victims of domestic abuse; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 611A. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [611A.91] [CAUSE OF ACTION FOR VICTIMS OF 
  1.7   DOMESTIC ABUSE.] 
  1.8      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.9   subdivision apply to this section. 
  1.10     (b) "Domestic abuse" has the meaning given in section 
  1.11  518B.01, subdivision 2. 
  1.12     (c) "Family or household member" has the meaning given in 
  1.13  section 518B.01, subdivision 2. 
  1.14     (d) "Perpetrator" means an individual who commits domestic 
  1.15  abuse. 
  1.16     (e) "Victim" means an individual subjected to domestic 
  1.17  abuse or the individual's next of kin. 
  1.18     Subd. 2.  [CAUSE OF ACTION.] A victim of domestic abuse has 
  1.19  a cause of action against the perpetrator for all damages caused 
  1.20  by the domestic abuse, including punitive damages under section 
  1.21  549.20, plus costs, disbursements, and reasonable attorney fees. 
  1.22     Subd. 3.  [RELATIONSHIP TO OTHER PROCEEDINGS.] The 
  1.23  existence of an order for protection under section 518B.01 or a 
  1.24  criminal complaint or conviction is not a prerequisite to an 
  1.25  action under this section, nor is either res judicata or 
  2.1   collateral estoppel or admissible in evidence in an action under 
  2.2   this section. 
  2.3      Subd. 4.  [OTHER REMEDIES PRESERVED.] This section does not 
  2.4   affect the right of a victim to bring an action or use a remedy 
  2.5   available under other law for a victim of domestic abuse, 
  2.6   provided that a victim may not recover more than once for the 
  2.7   same costs or damages. 
  2.8      Subd. 5.  [STATUTE OF LIMITATIONS.] An action under this 
  2.9   section must be commenced not later than six years after the 
  2.10  cause of action arises, except that the running of the 
  2.11  limitation period is suspended during the time that the 
  2.12  perpetrator continues to commit domestic abuse against the 
  2.13  victim or another family or household member of the victim. 
  2.14     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.15     Section 1 is effective August 1, 1999, and applies to 
  2.16  actions commenced on or after that date.