Minnesota Legislature
HF 3089
1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/15/2010 01:19pm
Current Version - 1st Engrossment
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A bill for an act
relating to public safety; modifying the statutory cap on bail for certain nonfelony
domestic abuse offenders; recodifying and clarifying the domestic abuse no
contact order law; expanding the tampering with a witness crime; clarifying the
requirement that the data communications network include orders for protection
and no contact orders; imposing criminal penalties; amending Minnesota
Statutes 2008, sections 299C.46, subdivision 6; 609.498, subdivision 3, by
adding a subdivision; 629.471, subdivision 3, by adding a subdivision; 629.72,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 629;
repealing Minnesota Statutes 2008, section 518B.01, subdivision 22.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 299C.46, subdivision 6, is amended to read:
Subd. 6.
Orders for protection and no contact orders.
new text begin
(a) As used in this
subdivision, "no contact orders" include orders issued as pretrial orders under section
629.72, subdivision 2; orders under section 629.75; and orders issued as probationary or
sentencing orders at the time of disposition in a criminal domestic abuse case.
new text end
new text begin (b) new text end The data communications network must include orders for protection issued
under section 518B.01 and no contact orders issued deleted text begin under section 629.715, subdivision 4deleted text end new text begin
against adults and juvenilesnew text end . A no contact order must be accompanied by a photograph
of the offender for the purpose of enforcement of the order, if a photograph is available
and verified by the court to be an image of the defendant.
Sec. 2.
Minnesota Statutes 2008, section 609.498, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Tampering with a witness in the third degree. new text end
new text begin
(a) Unless a greater
penalty is applicable under subdivision 1, 1b, or 2, whoever does any of the following is
guilty of tampering with a witness in the third degree and may be sentenced as provided in
subdivision 3:
new text end
new text begin
(1) intentionally prevents or dissuades or intentionally attempts to prevent or
dissuade by means of intimidation, a person who is or may become a witness from
attending or testifying at any trial, proceeding, or inquiry authorized by law;
new text end
new text begin
(2) by means of intimidation, intentionally influences or attempts to influence a
person who is or may become a witness to testify falsely at any trial, proceeding, or
inquiry authorized by law;
new text end
new text begin
(3) intentionally prevents or dissuades or attempts to prevent or dissuade by means
of intimidation, a person from providing information to law enforcement authorities
concerning a crime; or
new text end
new text begin
(4) by means of intimidation, intentionally influences or attempts to influence a
person to provide false information concerning a crime to law enforcement authorities.
new text end
new text begin
(b) In a prosecution under this subdivision, proof of intimidation may be based on a
specific act or on the totality of the circumstances.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2008, section 609.498, subdivision 3, is amended to read:
Subd. 3.
Sentence.
new text begin (a) new text end Whoever violates subdivision 2 deleted text begin may be sentenced to
imprisonment for not more than one year or to payment of a fine not to exceed $3,000deleted text end new text begin is
guilty of a gross misdemeanornew text end .
new text begin
(b) Whoever violates subdivision 2a is guilty of a misdemeanor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2008, section 629.471, subdivision 3, is amended to read:
Subd. 3.
Six times fine.
For offenses under sections deleted text begin 518B.01,deleted text end 609.224deleted text begin , 609.2242,deleted text end
and 609.377, the maximum cash bail that may be required for a person charged with a
misdemeanor or gross misdemeanor violation is six times the highest cash fine that may be
imposed for the offense.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2008, section 629.471, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Ten times fine. new text end
new text begin
For offenses under sections 518B.01 and 609.2242,
the maximum cash bail that may be required for a person charged with a misdemeanor
or gross misdemeanor violation is ten times the highest cash fine that may be imposed
for the offense.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2008, section 629.72, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms
have the meanings given them.
(b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.
(c) "Harassment" has the meaning given in section 609.749.
(d) "Violation of a domestic abuse no contact order" has the meaning given in
section deleted text begin 518B.01, subdivision 22deleted text end new text begin 629.75new text end .
(e) "Violation of an order for protection" has the meaning given in section 518B.01,
subdivision 14.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
new text begin
[629.75] DOMESTIC ABUSE NO CONTACT ORDER.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; description. new text end
new text begin
(a) A domestic abuse no contact order
is an order issued by a court against a defendant in a criminal proceeding or a juvenile
offender in a delinquency proceeding for:
new text end
new text begin
(1) domestic abuse as defined in section 518B.01, subdivision 2;
new text end
new text begin
(2) harassment or stalking under section 609.749 when committed against a family
or household member as defined in section 518B.01, subdivision 2;
new text end
new text begin
(3) violation of an order for protection under section 518B.01, subdivision 14; or
new text end
new text begin
(4) violation of a prior domestic abuse no contact order under this subdivision or
section 518B.01, subdivision 22.
new text end
new text begin
(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).
new text end
new text begin
(c) A no contact order under this section shall be issued in a proceeding that is
separate from but held immediately following one in which any pretrial release or
sentencing issues are decided.
new text end
new text begin Subd. 2. new text end
new text begin Criminal penalties. new text end
new text begin
(a) As used in this subdivision "qualified domestic
violence-related offense" has the meaning given in section 609.02, subdivision 16.
new text end
new text begin
(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.
new text end
new text begin
(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. 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: (1) within ten years of the first of two or
more previous qualified domestic violence-related offense convictions or adjudications
of delinquency; or (2) while possessing a dangerous weapon, as defined in section
609.02, subdivision 6. 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
new text begin Subd. 3. new text end
new text begin Warrantless custodial arrest. new text end
new text begin
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 subdivision is immune from civil liability that might
result from the officer's actions.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end
Sec. 8. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall replace references to Minnesota Statutes, section
518B.01, subdivision 22, in statutes and rules with a reference to Minnesota Statutes,
section 629.75.
new text end
Sec. 9. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 518B.01, subdivision 22,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end