HF 506

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to domestic abuse; making repeat offenders who violate domestic abuse
no contact orders guilty of a felony; defining qualified domestic violence-related
offenses; amending Minnesota Statutes 2006, sections 518B.01, subdivision 22;
609.02, subdivision 16.

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

Section 1.

Minnesota Statutes 2006, section 518B.01, subdivision 22, is amended to
read:

Subd. 22.

Domestic abuse no contact order.

(a) A domestic abuse no contact order
is an order issued by a court against a defendant in a criminal proceeding for:

(1) domestic abuse;

(2) harassment or stalking charged under section 609.749 and committed against
a family or household member;

(3) violation of an order for protection charged under subdivision 14; or

(4) violation of a prior domestic abuse no contact order charged under this
subdivision.

It includes pretrial orders before final disposition of the case and probationary orders
after sentencing.

(b) A person who knows of the existence of a domestic abuse no contact order issued
against the person and violates the order is guilty of a misdemeanor.

(c) A person is guilty of a gross misdemeanor who knowingly violates this
subdivision within ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency. new text begin Upon a gross misdemeanor conviction under
this paragraph, the defendant must be sentenced to a minimum of ten days' imprisonment
and must be ordered to participate in counseling or other appropriate programs selected
by the court as provided in section 518B.02. Notwithstanding section 609.135, the court
must impose and execute the minimum sentence provided in this paragraph for gross
misdemeanor convictions.
new text end

new text begin (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
knowingly violates this subdivision within ten years of the first of two or more previous
qualified domestic violence-related offense convictions or adjudications of delinquency.
Upon a felony conviction under this paragraph in which the court stays imposition or
execution of sentence, the court shall impose at least a 30-day period of incarceration
as a condition of probation. The court also shall order that the defendant participate in
counseling or other appropriate programs selected by the court. Notwithstanding section
609.135, the court must impose and execute the minimum sentence provided in this
paragraph for felony convictions.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end A peace officer shall arrest without a warrant and take into custody a person
whom the peace officer has probable cause to believe has violated a domestic abuse no
contact order, even if the violation of the order did not take place in the presence of the
peace officer, if the existence of the order can be verified by the officer. The person shall
be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays,
unless the person is released earlier by a judge or judicial officer. A peace officer acting
in good faith and exercising due care in making an arrest pursuant to this paragraph is
immune from civil liability that might result from the officer's actions.

Sec. 2.

Minnesota Statutes 2006, section 609.02, subdivision 16, is amended to read:

Subd. 16.

Qualified domestic violence-related offense.

"Qualified domestic
violence-related offense" includes new text begin a violation of or an attempt to violate new text end the following
offenses: sections 518B.01, subdivision 14 (violation of domestic abuse order for
protection); 518B.01, subdivision 22 (violation of domestic abuse no contact order);
new text begin 609.185 (first-degree murder); 609.19 (second-degree murder); new text end 609.221 (first-degree
assault); 609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231
(fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault);
609.2247 (domestic assault by strangulation); 609.342 (first-degree criminal sexual
conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree
criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377
(malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6
(violation of harassment restraining order); 609.749 (harassment/stalking); and 609.78,
subdivision 2 (interference with an emergency call); and similar laws of other states, the
United States, the District of Columbia, tribal lands, and United States territories.

new text begin EFFECTIVE DATE. new text end

new text begin Sections 1 and 2 are effective August 1, 2007, and apply
to crimes committed on or after that date.
new text end