HF 2702

as introduced - 90th Legislature (2017 - 2018) Posted on 05/20/2017 10:07am

A bill for an act
relating to public safety; creating a geographic restriction crime; proposing coding
for new law in Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.6057] GEOGRAPHIC RESTRICTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "geographic restriction" means a
limitation prohibiting a defendant in a criminal proceeding or a juvenile offender in a
delinquency proceeding from entering a designated property or geographic area.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct; penalty. new text end

new text begin A person who knows of a geographic restriction
order issued against the person and intentionally enters or remains in the restricted area is
guilty of a misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin (a) A geographic restriction may be issued as a pretrial order before
final disposition of the underlying criminal case, as a postconviction probationary order, or
both. A geographic restriction order is independent of any condition of pretrial release or
probation imposed on the defendant. A geographic restriction order may be issued in addition
to a similar restriction imposed as a condition of pretrial release or probation.
new text end

new text begin (b) A court may issue a geographic restriction upon a finding that its issuance will serve
the interests of protecting public safety or property. In making that determination, a court
shall consider the following factors:
new text end

new text begin (1) whether a defendant's presence in a restricted area creates a risk to public safety or
property;
new text end

new text begin (2) a defendant's criminal history;
new text end

new text begin (3) the likelihood of future criminal activity within the restricted area; and
new text end

new text begin (4) any other factors deemed relevant by the court.
new text end

new text begin (c) A court may grant any exceptions to a geographic restriction that it deems necessary
in order to avoid the imposition of a significant hardship upon a defendant. In determining
whether to grant an exception, a court shall also consider the impact of the exception on the
interests of protecting public safety or property.
new text end

new text begin (d) A geographic restriction order under this section shall be issued in a proceeding that
is separate from, but which may be held immediately following, a proceeding in which any
pretrial release or sentencing issues are decided.
new text end

new text begin (e) A court issuing a geographic restriction order under this section shall notify a
defendant:
new text end

new text begin (1) of the area subject to a geographic restriction; and
new text end

new text begin (2) that violation of the geographic restriction order is a crime.
new text end

new text begin Subd. 4. new text end

new text begin Cancellation. new text end

new text begin (a) A court shall cancel a pretrial geographic restriction order at
the final disposition of the underlying criminal case.
new text end

new text begin (b) A court shall cancel a postconviction geographic restriction order when an offender
completes a period of probationary supervision or is committed to the commissioner of
corrections.
new text end

new text begin (c) A court may cancel a postconviction geographic restriction order at any time during
which an offender is under probationary supervision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to crimes
committed on or after that date.
new text end