HF 3101

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; increasing the criminal penalty for certain domestic
abuse no contact order violations; amending Minnesota Statutes 2007
Supplement, section 518B.01, subdivision 22.

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

Section 1.

Minnesota Statutes 2007 Supplement, 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 new text begin : (1) new text end within ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency new text begin ; or (2) when the underlying criminal proceeding
for which the order was issued under paragraph (a) involved a gross misdemeanor-level
offense new text end . 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.

(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; deleted text begin or deleted text end (2) while possessing a dangerous weapon, as defined in section 609.02,
subdivision 6 new text begin ; or new text end new text begin (3) when the underlying criminal proceeding for which the order was
issued under paragraph (a) involved a felony-level offense new text end . 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.

(e) 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end