HF 3563

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to domestic abuse; providing for affect of 
  1.3             recognition of paternity upon temporary custody; 
  1.4             providing a presumption concerning an order of 
  1.5             protection; amending Minnesota Statutes 2000, sections 
  1.6             13.82, subdivision 5; 257.75, subdivision 3; 518.179, 
  1.7             subdivision 2; 518B.01, subdivisions 5, 7, 13; 
  1.8             629.341, subdivision 4; Minnesota Statutes 2001 
  1.9             Supplement, sections 518B.01, subdivisions 6, 14; 
  1.10            629.72, subdivision 4. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 13.82, 
  1.13  subdivision 5, is amended to read: 
  1.14     Subd. 5.  [DOMESTIC ABUSE DATA.] The written police report 
  1.15  required by section 629.341, subdivision 4, of an alleged 
  1.16  incident described in section 629.341, subdivision 1, and arrest 
  1.17  data, request for service data, and response or incident data 
  1.18  described in subdivision 2, 3, or 6 that arise out of this type 
  1.19  of incident or out of an alleged violation of an order for 
  1.20  protection must be released upon request at no cost to the 
  1.21  victim of domestic abuse and to an organization designated by 
  1.22  the Minnesota center for crime victims services, the department 
  1.23  of corrections, or the department of public safety as providing 
  1.24  services to victims of domestic abuse.  The executive director 
  1.25  or the commissioner of the appropriate state agency shall 
  1.26  develop written criteria for this designation in consultation 
  1.27  with the advisory council on battered women and domestic abuse. 
  1.28     Sec. 2.  Minnesota Statutes 2000, section 257.75, 
  2.1   subdivision 3, is amended to read: 
  2.2      Subd. 3.  [EFFECT OF RECOGNITION.] Subject to subdivision 2 
  2.3   and section 257.55, subdivision 1, paragraph (g) or (h), The 
  2.4   recognition has the force and effect of a judgment or order 
  2.5   determining the existence of the parent and child relationship 
  2.6   under section 257.66. except under the following circumstances:  
  2.7   for the purposes of determining temporary custody or temporary 
  2.8   parenting time under subdivision 2; sections 518B.01, 
  2.9   subdivision 6; and 257.55, subdivision 1, paragraph (g) or (h).  
  2.10  If the conditions in section 257.55, subdivision 1, paragraph 
  2.11  (g) or (h), exist, the recognition creates only a presumption of 
  2.12  paternity for purposes of sections 257.51 to 257.74.  Once a 
  2.13  recognition has been properly executed and filed with the state 
  2.14  registrar of vital statistics, if there are no competing 
  2.15  presumptions of paternity, a judicial or administrative court 
  2.16  may not allow further action to determine parentage regarding 
  2.17  the signator of the recognition.  Temporary custody and 
  2.18  temporary parenting time under section 518B.01 cannot be 
  2.19  determined based upon a validly signed recognition of 
  2.20  parentage.  An action to determine custody and parenting time 
  2.21  may be commenced pursuant to chapter 518 without an adjudication 
  2.22  of parentage.  Until an order is entered granting custody to 
  2.23  another, the mother has sole custody.  The recognition is: 
  2.24     (1) a basis for bringing an independent action to award 
  2.25  custody or parenting time to either parent, establishing a child 
  2.26  support obligation which may include up to the two years 
  2.27  immediately preceding the commencement of the action, ordering a 
  2.28  contribution by a parent under section 256.87, or ordering a 
  2.29  contribution to the reasonable expenses of the mother's 
  2.30  pregnancy and confinement, as provided under section 257.66, 
  2.31  subdivision 3, or ordering reimbursement for the costs of blood 
  2.32  or genetic testing, as provided under section 257.69, 
  2.33  subdivision 2; 
  2.34     (2) determinative for all other purposes related to the 
  2.35  existence of the parent and child relationship, except in 
  2.36  matters arising out of section 518B.01, subdivision 6, clause 
  3.1   (4); and 
  3.2      (3) entitled to full faith and credit in other 
  3.3   jurisdictions.  
  3.4      Sec. 3.  Minnesota Statutes 2000, section 518.179, 
  3.5   subdivision 2, is amended to read: 
  3.6      Subd. 2.  [APPLICABLE CRIMES.] This section applies to the 
  3.7   following crimes or similar crimes under the laws of the United 
  3.8   States, or any other state: 
  3.9      (1) murder in the first, second, or third degree under 
  3.10  section 609.185, 609.19, or 609.195; 
  3.11     (2) manslaughter in the first degree under section 609.20; 
  3.12     (3) assault in the first, second, or third degree under 
  3.13  section 609.221, 609.222, or 609.223; 
  3.14     (4) kidnapping under section 609.25; 
  3.15     (5) depriving another of custodial or parental rights under 
  3.16  section 609.26; 
  3.17     (6) soliciting, inducing, promoting, or receiving profit 
  3.18  derived from prostitution involving a minor under section 
  3.19  609.322; 
  3.20     (7) criminal sexual conduct in the first degree under 
  3.21  section 609.342; 
  3.22     (8) criminal sexual conduct in the second degree under 
  3.23  section 609.343; 
  3.24     (9) criminal sexual conduct in the third degree under 
  3.25  section 609.344, subdivision 1, paragraph (c), (f), or (g); 
  3.26     (10) solicitation of a child to engage in sexual conduct 
  3.27  under section 609.352; 
  3.28     (11) incest under section 609.365; 
  3.29     (12) malicious punishment of a child under section 609.377; 
  3.30     (13) neglect of a child under section 609.378; 
  3.31     (14) terroristic threats under section 609.713; or 
  3.32     (15) felony harassment or stalking under section 609.749, 
  3.33  subdivision 4. 
  3.34     Sec. 4.  Minnesota Statutes 2000, section 518B.01, 
  3.35  subdivision 5, is amended to read: 
  3.36     Subd. 5.  [HEARING ON APPLICATION; NOTICE.] (a) Upon 
  4.1   receipt of the petition, the court shall order a hearing which 
  4.2   shall be held not later than 14 days from the date of the 
  4.3   order for hearing unless an ex parte order is issued.  
  4.4      (b) If an ex parte order has been issued under subdivision 
  4.5   7 and a hearing requested, the time periods under subdivision 7 
  4.6   for holding a hearing apply.  If a hearing was requested by the 
  4.7   petitioner, the petitioner seeks only the relief under 
  4.8   subdivision 7, paragraph (a), a hearing is not required unless: 
  4.9      (1) the court declines to order the requested relief; or 
  4.10     (2) one of the parties requests a hearing. 
  4.11     (c) If an ex parte order has been issued under subdivision 
  4.12  7 and the petitioner seeks relief beyond that specified in 
  4.13  subdivision 7, paragraph (a), or if the court declines to order 
  4.14  relief requested by the petitioner, a hearing must be held 
  4.15  within seven days.  Personal service of the ex parte order may 
  4.16  be made upon the respondent at any time up to 12 hours prior to 
  4.17  the time set for the hearing, provided that the respondent at 
  4.18  the hearing may request a continuance of up to five days if 
  4.19  served fewer than five days prior to the hearing which 
  4.20  continuance shall be granted unless there are compelling reasons 
  4.21  not to.  If the hearing was requested by the respondent after 
  4.22  issuance of an ex parte order under subdivision 7, 
  4.23     (d) If an ex parte order has been issued only granting 
  4.24  relief under subdivision 7, paragraph (a), and the respondent 
  4.25  requests a hearing, the hearing shall be held within ten days of 
  4.26  the court's receipt of the respondent's request.  Service of the 
  4.27  notice of hearing must be made upon the petitioner not less than 
  4.28  five days prior to the hearing.  The court shall serve the 
  4.29  notice of hearing upon the petitioner by mail in the manner 
  4.30  provided in the rules of civil procedure for pleadings 
  4.31  subsequent to a complaint and motions and shall also mail notice 
  4.32  of the date and time of the hearing to the respondent.  In the 
  4.33  event that service cannot be completed in time to give the 
  4.34  respondent or petitioner the minimum notice required under this 
  4.35  paragraph subdivision, the court may set a new hearing date no 
  4.36  more than five days hence.  
  5.1      (e) If for good cause shown either party is unable to 
  5.2   proceed at the initial hearing and requests a continuance and 
  5.3   the court finds that a continuance is appropriate, the hearing 
  5.4   may be continued.  Unless otherwise agreed by the parties and 
  5.5   approved by the court, the continuance shall be for no more than 
  5.6   five days.  If the court grants the requested continuance, the 
  5.7   court shall also issue a written order continuing all provisions 
  5.8   of the ex parte order pending the issuance of an order after the 
  5.9   hearing. 
  5.10     (b) (f) Notwithstanding the preceding provisions of 
  5.11  paragraph (a) this subdivision, service on the respondent may be 
  5.12  made by one week published notice, as provided under section 
  5.13  645.11, provided the petitioner files with the court an 
  5.14  affidavit stating that an attempt at personal service made by a 
  5.15  sheriff or other law enforcement or corrections officer was 
  5.16  unsuccessful because the respondent is avoiding service by 
  5.17  concealment or otherwise, and that a copy of the petition and 
  5.18  notice of hearing has been mailed to the respondent at the 
  5.19  respondent's residence or that the residence is not known to the 
  5.20  petitioner.  Service under this paragraph is complete seven days 
  5.21  after publication.  The court shall set a new hearing date if 
  5.22  necessary to allow the respondent the five-day minimum notice 
  5.23  required under paragraph (a) (d). 
  5.24     Sec. 5.  Minnesota Statutes 2001 Supplement, section 
  5.25  518B.01, subdivision 6, is amended to read: 
  5.26     Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
  5.27  hearing, the court may provide relief as follows: 
  5.28     (1) restrain the abusing party from committing acts of 
  5.29  domestic abuse; 
  5.30     (2) exclude the abusing party from the dwelling which the 
  5.31  parties share or from the residence of the petitioner; 
  5.32     (3) exclude the abusing party from a reasonable area 
  5.33  surrounding the dwelling or residence, which area shall be 
  5.34  described specifically in the order; 
  5.35     (4) award temporary custody or establish temporary 
  5.36  parenting time with regard to minor children of the parties on a 
  6.1   basis which gives primary consideration to the safety of the 
  6.2   victim and the children.  Temporary custody and temporary 
  6.3   parenting time under section 518B.01 cannot be determined based 
  6.4   upon a validly signed recognition of parentage.  Any action 
  6.5   seeking parenting time or custody on behalf of a father whose 
  6.6   paternity has been recognized under section 257.75 or any other 
  6.7   presumption under section 257.55, subdivision 1, paragraph (d), 
  6.8   (e), (g), (h), or (i), may not be combined with these 
  6.9   proceedings.  Except for other cases in which custody is 
  6.10  contested, findings under section 257.025, 518.17, or 518.175 
  6.11  are not required.  If the court finds that the safety of the 
  6.12  victim or the children will be jeopardized by unsupervised or 
  6.13  unrestricted parenting time, the court shall condition or 
  6.14  restrict parenting time as to time, place, duration, or 
  6.15  supervision, or deny parenting time entirely, as needed to guard 
  6.16  the safety of the victim and the children.  The court's decision 
  6.17  on custody and parenting time shall in no way delay the issuance 
  6.18  of an order for protection granting other relief provided for in 
  6.19  this section.  The court must not enter a parenting plan under 
  6.20  section 518.1705 as part of an action for an order for 
  6.21  protection; 
  6.22     (5) on the same basis as is provided in chapter 518, 
  6.23  establish temporary support for minor children or a spouse, and 
  6.24  order the withholding of support from the income of the person 
  6.25  obligated to pay the support according to chapter 518; 
  6.26     (6) provide upon request of the petitioner counseling or 
  6.27  other social services for the parties, if married, or if there 
  6.28  are minor children; 
  6.29     (7) order the abusing party to participate in treatment or 
  6.30  counseling services, including requiring the abusing party to 
  6.31  successfully complete a domestic abuse counseling program or 
  6.32  educational program under section 518B.02; 
  6.33     (8) award temporary use and possession of property and 
  6.34  restrain one or both parties from transferring, encumbering, 
  6.35  concealing, or disposing of property except in the usual course 
  6.36  of business or for the necessities of life, and to account to 
  7.1   the court for all such transfers, encumbrances, dispositions, 
  7.2   and expenditures made after the order is served or communicated 
  7.3   to the party restrained in open court; 
  7.4      (9) exclude the abusing party from the place of employment 
  7.5   of the petitioner, or otherwise limit access to the petitioner 
  7.6   by the abusing party at the petitioner's place of employment; 
  7.7      (10) order the abusing party to pay restitution to the 
  7.8   petitioner; 
  7.9      (11) order the continuance of all currently available 
  7.10  insurance coverage without change in coverage or beneficiary 
  7.11  designation; and 
  7.12     (12) order, in its discretion, other relief as it deems 
  7.13  necessary for the protection of a family or household member, 
  7.14  including orders or directives to the sheriff, constable, or 
  7.15  other law enforcement or corrections officer as provided by this 
  7.16  section. 
  7.17     (b) Any relief granted by the order for protection shall be 
  7.18  for a fixed period not to exceed one year, except when the court 
  7.19  determines a longer fixed period is appropriate.  When a referee 
  7.20  presides at the hearing on the petition, the order granting 
  7.21  relief becomes effective upon the referee's signature. 
  7.22     (c) An order granting the relief authorized in paragraph 
  7.23  (a), clause (1), may not be vacated or modified in a proceeding 
  7.24  for dissolution of marriage or legal separation, except that the 
  7.25  court may hear a motion for modification of an order for 
  7.26  protection concurrently with a proceeding for dissolution of 
  7.27  marriage upon notice of motion and motion.  The notice required 
  7.28  by court rule shall not be waived.  If the proceedings are 
  7.29  consolidated and the motion to modify is granted, a separate 
  7.30  order for modification of an order for protection shall be 
  7.31  issued. 
  7.32     (d) An order granting the relief authorized in paragraph 
  7.33  (a), clause (2) or (3), is not voided by the admittance of the 
  7.34  abusing party into the dwelling from which the abusing party is 
  7.35  excluded. 
  7.36     (e) If a proceeding for dissolution of marriage or legal 
  8.1   separation is pending between the parties, the court shall 
  8.2   provide a copy of the order for protection to the court with 
  8.3   jurisdiction over the dissolution or separation proceeding for 
  8.4   inclusion in its file. 
  8.5      (f) An order for restitution issued under this subdivision 
  8.6   is enforceable as civil judgment. 
  8.7      Sec. 6.  Minnesota Statutes 2000, section 518B.01, 
  8.8   subdivision 7, is amended to read: 
  8.9      Subd. 7.  [EX PARTE ORDER.] (a) Where an application under 
  8.10  this section alleges an immediate and present danger of domestic 
  8.11  abuse, the court may grant an ex parte order for protection and 
  8.12  granting relief as the court deems proper, including an order:  
  8.13     (1) restraining the abusing party from committing acts of 
  8.14  domestic abuse; 
  8.15     (2) excluding any party from the dwelling they share or 
  8.16  from the residence of the other except by further order of the 
  8.17  court; 
  8.18     (3) excluding the abusing party from the place of 
  8.19  employment of the petitioner or otherwise limiting access to the 
  8.20  petitioner by the abusing party at the petitioner's place of 
  8.21  employment; and 
  8.22     (4) continuing all currently available insurance coverage 
  8.23  without change in coverage or beneficiary designation. 
  8.24     (b) A finding by the court that there is a basis for 
  8.25  issuing an ex parte order for protection constitutes a finding 
  8.26  that sufficient reasons exist not to require notice under 
  8.27  applicable court rules governing applications for ex parte 
  8.28  relief. 
  8.29     (c) Subject to paragraph (d), an ex parte order for 
  8.30  protection shall be effective for a fixed period set by the 
  8.31  court, as provided in subdivision 6, paragraph (b), or until 
  8.32  modified or vacated by the court pursuant to a hearing.  When 
  8.33  signed by a referee, the ex parte order becomes effective upon 
  8.34  the referee's signature.  Upon request, a full hearing, as 
  8.35  provided by this section, shall be set for not later than seven 
  8.36  days from the issuance of the ex parte order, if a hearing is 
  9.1   requested by the petitioner, or not later than ten days or 
  9.2   earlier than eight days from receipt by the court of a request 
  9.3   for a hearing by the respondent.  Except as provided in 
  9.4   paragraph (d), the respondent shall be personally served 
  9.5   forthwith a copy of the ex parte order along with a copy of the 
  9.6   petition and, if requested by the petitioner, notice of the date 
  9.7   set for the hearing.  If the petitioner does not request a 
  9.8   hearing, an order served on a respondent under this subdivision 
  9.9   must include a notice advising the respondent of the right to 
  9.10  request a hearing, must be accompanied by a form that can be 
  9.11  used by the respondent to request a hearing and must include a 
  9.12  conspicuous notice that a hearing will not be held unless 
  9.13  requested by the respondent within five days of service of the 
  9.14  order.  
  9.15     (d) Service of the ex parte order may be made by published 
  9.16  notice, as provided under subdivision 5, provided that the 
  9.17  petitioner files the affidavit required under that subdivision.  
  9.18  If personal service is not made or the affidavit is not filed 
  9.19  within 14 days of issuance of the ex parte order, the order 
  9.20  expires.  If the petitioner does not request a hearing, the 
  9.21  petition mailed to the respondent's residence, if known, must be 
  9.22  accompanied by the form for requesting a hearing and notice 
  9.23  described in paragraph (c).  Unless personal service is 
  9.24  completed, if service by published notice is not completed 
  9.25  within 28 days of issuance of the ex parte order, the order 
  9.26  expires. 
  9.27     (e) If the petitioner seeks relief under subdivision 6 
  9.28  other than the relief described in paragraph (a), the petitioner 
  9.29  must request a hearing to obtain the additional relief. 
  9.30     (f) Nothing in this subdivision affects the right of a 
  9.31  party to seek modification of an order under subdivision 11. 
  9.32     Sec. 7.  Minnesota Statutes 2000, section 518B.01, 
  9.33  subdivision 13, is amended to read: 
  9.34     Subd. 13.  [COPY TO LAW ENFORCEMENT AGENCY.] (a) An order 
  9.35  for protection and any continuance of an order for protection 
  9.36  granted pursuant to this section shall be forwarded by the court 
 10.1   administrator within 24 hours to the local law enforcement 
 10.2   agency with jurisdiction over the residence of the applicant.  
 10.3      Each appropriate law enforcement agency shall make 
 10.4   available to other law enforcement officers through a system for 
 10.5   verification, information as to the existence and status of any 
 10.6   order for protection issued pursuant to this section.  
 10.7      (b) If the applicant notifies the court administrator of a 
 10.8   change in the applicant's residence so that a different local 
 10.9   law enforcement agency has jurisdiction over the residence, the 
 10.10  order for protection and any continuance of an order for 
 10.11  protection must be forwarded by the court administrator to the 
 10.12  new law enforcement agency within 24 hours of the notice.  If 
 10.13  the applicant notifies the new law enforcement agency that an 
 10.14  order for protection has been issued under this section and the 
 10.15  applicant has established a new residence within that agency's 
 10.16  jurisdiction, within 24 hours the local law enforcement agency 
 10.17  shall request a copy of the order for protection from the court 
 10.18  administrator in the county that issued the order. 
 10.19     (c) When an order for protection is granted, the applicant 
 10.20  for an order for protection must be told by the court that: 
 10.21     (1) notification of a change in residence should be given 
 10.22  immediately to the court administrator and to the local law 
 10.23  enforcement agency having jurisdiction over the new residence of 
 10.24  the applicant; 
 10.25     (2) the reason for notification of a change in residence is 
 10.26  to forward an order for protection to the proper law enforcement 
 10.27  agency; and 
 10.28     (3) the order for protection must be forwarded to the law 
 10.29  enforcement agency having jurisdiction over the new residence 
 10.30  within 24 hours of notification of a change in residence, 
 10.31  whether notification is given to the court administrator or to 
 10.32  the local law enforcement agency having jurisdiction over the 
 10.33  applicant's new residence. 
 10.34     An order for protection is enforceable even if the 
 10.35  applicant does not notify the court administrator or the 
 10.36  appropriate law enforcement agency of a change in residence. 
 11.1      Sec. 8.  Minnesota Statutes 2001 Supplement, section 
 11.2   518B.01, subdivision 14, is amended to read: 
 11.3      Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A 
 11.4   person who violates an order for protection issued by a judge or 
 11.5   referee is subject to the penalties provided in paragraphs (b) 
 11.6   to (d).  
 11.7      (b) Except as otherwise provided in paragraphs (c) and (d), 
 11.8   whenever an order for protection is granted by a judge or 
 11.9   referee or pursuant to a similar law of another state, the 
 11.10  United States, the District of Columbia, tribal lands, or United 
 11.11  States territories, and the respondent or person to be 
 11.12  restrained knows of the order, violation of the order for 
 11.13  protection is a misdemeanor.  Upon a misdemeanor conviction 
 11.14  under this paragraph, the defendant must be sentenced to a 
 11.15  minimum of three days imprisonment and must be ordered to 
 11.16  participate in counseling or other appropriate programs selected 
 11.17  by the court.  If the court stays imposition or execution of the 
 11.18  jail sentence and the defendant refuses or fails to comply with 
 11.19  the court's treatment order, the court must impose and execute 
 11.20  the stayed jail sentence.  A violation of an order for 
 11.21  protection shall also constitute contempt of court and be 
 11.22  subject to the penalties provided in chapter 588. 
 11.23     (c) A person is guilty of a gross misdemeanor who knowingly 
 11.24  violates this subdivision during the time period between a 
 11.25  previous qualified domestic violence-related offense conviction 
 11.26  and the end of the five years following discharge from sentence 
 11.27  for that offense.  Upon a gross misdemeanor conviction under 
 11.28  this paragraph, the defendant must be sentenced to a minimum of 
 11.29  ten days imprisonment and must be ordered to participate in 
 11.30  counseling or other appropriate programs selected by the court.  
 11.31  Notwithstanding section 609.135, the court must impose and 
 11.32  execute the minimum sentence provided in this paragraph for 
 11.33  gross misdemeanor convictions. 
 11.34     (d) A person is guilty of a felony and may be sentenced to 
 11.35  imprisonment for not more than five years or to payment of a 
 11.36  fine of not more than $10,000, or both, if the person knowingly 
 12.1   violates this subdivision: 
 12.2      (1) during the time period between the first of two or more 
 12.3   previous qualified domestic violence-related offense convictions 
 12.4   and the end of the five years following discharge from sentence 
 12.5   for that offense; or 
 12.6      (2) while possessing a dangerous weapon, as defined in 
 12.7   section 609.02, subdivision 6. 
 12.8   Upon a felony conviction under this paragraph in which the court 
 12.9   stays imposition or execution of sentence, the court shall 
 12.10  impose at least a 30-day period of incarceration as a condition 
 12.11  of probation.  The court also shall order that the defendant 
 12.12  participate in counseling or other appropriate programs selected 
 12.13  by the court.  Notwithstanding section 609.135, the court must 
 12.14  impose and execute the minimum sentence provided in this 
 12.15  paragraph for felony convictions. 
 12.16     (e) A peace officer shall arrest without a warrant and take 
 12.17  into custody a person whom the peace officer has probable cause 
 12.18  to believe has violated an order granted pursuant to this 
 12.19  section or a similar law of another state, the United States, 
 12.20  the District of Columbia, tribal lands, or United States 
 12.21  territories restraining the person or excluding the person from 
 12.22  the residence or the petitioner's place of employment, even if 
 12.23  the violation of the order did not take place in the presence of 
 12.24  the peace officer, if the existence of the order can be verified 
 12.25  by the officer.  The probable cause required under this 
 12.26  paragraph includes probable cause that the person knowingly 
 12.27  violated the order.  A person is presumed to know the contents 
 12.28  of the order served upon the person.  If the order has not been 
 12.29  served, the officer shall serve the order whenever possible.  An 
 12.30  order for purposes of this section includes the short form order 
 12.31  defined in subdivision 8a.  When the order is first served upon 
 12.32  the person at a location at which, under the terms of the order, 
 12.33  the person's presence constitutes a violation, the person shall 
 12.34  not be arrested for violation of the order but shall be given a 
 12.35  reasonable opportunity to leave the location in the presence of 
 12.36  the peace officer.  A person arrested under this paragraph shall 
 13.1   be held in custody for at least 36 hours, excluding the day of 
 13.2   arrest, Sundays, and holidays, unless the person is released 
 13.3   earlier by a judge or judicial officer.  A peace officer acting 
 13.4   in good faith and exercising due care in making an arrest 
 13.5   pursuant to this paragraph is immune from civil liability that 
 13.6   might result from the officer's actions. 
 13.7      (f) If the court finds that the respondent has violated an 
 13.8   order for protection and that there is reason to believe that 
 13.9   the respondent will commit a further violation of the provisions 
 13.10  of the order restraining the respondent from committing acts of 
 13.11  domestic abuse or excluding the respondent from the petitioner's 
 13.12  residence, the court may require the respondent to acknowledge 
 13.13  an obligation to comply with the order on the record.  The court 
 13.14  may require a bond sufficient to deter the respondent from 
 13.15  committing further violations of the order for protection, 
 13.16  considering the financial resources of the respondent, and not 
 13.17  to exceed $10,000.  If the respondent refuses to comply with an 
 13.18  order to acknowledge the obligation or post a bond under this 
 13.19  paragraph, the court shall commit the respondent to the county 
 13.20  jail during the term of the order for protection or until the 
 13.21  respondent complies with the order under this paragraph.  The 
 13.22  warrant must state the cause of commitment, with the sum and 
 13.23  time for which any bond is required.  If an order is issued 
 13.24  under this paragraph, the court may order the costs of the 
 13.25  contempt action, or any part of them, to be paid by the 
 13.26  respondent.  An order under this paragraph is appealable.  
 13.27     (g) Upon the filing of an affidavit by the petitioner, any 
 13.28  peace officer, or an interested party designated by the court, 
 13.29  alleging that the respondent has violated any order for 
 13.30  protection granted pursuant to this section or a similar law of 
 13.31  another state, the United States, the District of Columbia, 
 13.32  tribal lands, or United States territories, the court may issue 
 13.33  an order to the respondent, requiring the respondent to appear 
 13.34  and show cause within 14 days why the respondent should not be 
 13.35  found in contempt of court and punished therefor.  The hearing 
 13.36  may be held by the court in any county in which the petitioner 
 14.1   or respondent temporarily or permanently resides at the time of 
 14.2   the alleged violation, or in the county in which the alleged 
 14.3   violation occurred, if the petitioner and respondent do not 
 14.4   reside in this state.  The court also shall refer the violation 
 14.5   of the order for protection to the appropriate prosecuting 
 14.6   authority for possible prosecution under paragraph (b), (c), or 
 14.7   (d). 
 14.8      (h) If it is alleged that the respondent has violated an 
 14.9   order for protection issued under subdivision 6 or a similar law 
 14.10  of another state, the United States, the District of Columbia, 
 14.11  tribal lands, or United States territories, and the court finds 
 14.12  that the order has expired between the time of the alleged 
 14.13  violation and the court's hearing on the violation, the court 
 14.14  may grant a new order for protection under subdivision 6 based 
 14.15  solely on the respondent's alleged violation of the prior order, 
 14.16  to be effective until the hearing on the alleged violation of 
 14.17  the prior order.  If the court finds that the respondent has 
 14.18  violated the prior order, the relief granted in the new order 
 14.19  for protection shall be extended for a fixed period, not to 
 14.20  exceed one year, except when the court determines a longer fixed 
 14.21  period is appropriate. 
 14.22     (i) The admittance into petitioner's dwelling of an abusing 
 14.23  party excluded from the dwelling under an order for protection 
 14.24  is not a violation by the petitioner of the order for protection.
 14.25     A peace officer is not liable under section 609.43, clause 
 14.26  (1), for a failure to perform a duty required by paragraph (e). 
 14.27     (j) When a person is convicted under paragraph (b) or (c) 
 14.28  of violating an order for protection and the court determines 
 14.29  that the person used a firearm in any way during commission of 
 14.30  the violation, the court may order that the person is prohibited 
 14.31  from possessing any type of firearm for any period longer than 
 14.32  three years or for the remainder of the person's life.  A person 
 14.33  who violates this paragraph is guilty of a gross misdemeanor.  
 14.34  At the time of the conviction, the court shall inform the 
 14.35  defendant whether and for how long the defendant is prohibited 
 14.36  from possessing a firearm and that it is a gross misdemeanor to 
 15.1   violate this paragraph.  The failure of the court to provide 
 15.2   this information to a defendant does not affect the 
 15.3   applicability of the firearm possession prohibition or the gross 
 15.4   misdemeanor penalty to that defendant. 
 15.5      (k) Except as otherwise provided in paragraph (j), when a 
 15.6   person is convicted under paragraph (b) or (c) of violating an 
 15.7   order for protection, the court shall inform the defendant that 
 15.8   the defendant is prohibited from possessing a pistol for three 
 15.9   years from the date of conviction and that it is a gross 
 15.10  misdemeanor offense to violate this prohibition.  The failure of 
 15.11  the court to provide this information to a defendant does not 
 15.12  affect the applicability of the pistol possession prohibition or 
 15.13  the gross misdemeanor penalty to that defendant. 
 15.14     (l) Except as otherwise provided in paragraph (j), a person 
 15.15  is not entitled to possess a pistol if the person has been 
 15.16  convicted under paragraph (b) or (c) after August 1, 1996, of 
 15.17  violating an order for protection, unless three years have 
 15.18  elapsed from the date of conviction and, during that time, the 
 15.19  person has not been convicted of any other violation of this 
 15.20  section.  Property rights may not be abated but access may be 
 15.21  restricted by the courts.  A person who possesses a pistol in 
 15.22  violation of this paragraph is guilty of a gross misdemeanor. 
 15.23     (m) If the court determines that a person convicted under 
 15.24  paragraph (b) or (c) of violating an order for protection owns 
 15.25  or possesses a firearm and used it in any way during the 
 15.26  commission of the violation, it shall order that the firearm be 
 15.27  summarily forfeited under section 609.5316, subdivision 3. 
 15.28     Sec. 9.  Minnesota Statutes 2000, section 629.341, 
 15.29  subdivision 4, is amended to read: 
 15.30     Subd. 4.  [REPORT REQUIRED.] Whenever a peace officer 
 15.31  investigates an allegation that an incident described in 
 15.32  subdivision 1 has occurred, whether or not an arrest is made, 
 15.33  the officer shall make a written police report of the alleged 
 15.34  incident.  The report must contain at least the following 
 15.35  information:  the name, address and telephone number of the 
 15.36  victim, if provided by the victim, a statement as to whether an 
 16.1   arrest occurred, the name of the arrested person, and a brief 
 16.2   summary of the incident.  Data that identify a victim who has 
 16.3   made a request under section 13.82, subdivision 17, paragraph 
 16.4   (d), and that are private data under that subdivision, shall be 
 16.5   private in the report required by this section.  A copy of this 
 16.6   report must be provided upon request, at no cost, to the victim 
 16.7   of domestic abuse and to organizations designated by the 
 16.8   Minnesota crime victims services center, the department of 
 16.9   public safety, or the commissioner of corrections that are 
 16.10  providing services to victims of domestic abuse.  The officer 
 16.11  shall submit the report to the officer's supervisor or other 
 16.12  person to whom the employer's rules or policies require reports 
 16.13  of similar allegations of criminal activity to be made. 
 16.14     Sec. 10.  Minnesota Statutes 2001 Supplement, section 
 16.15  629.72, subdivision 4, is amended to read: 
 16.16     Subd. 4.  [SERVICE OF RESTRAINING ORDER OR ORDER FOR 
 16.17  PROTECTION.] If a restraining order is has been issued under 
 16.18  section 609.748 or an order for protection is has been issued 
 16.19  under section 518B.01 before or while the arrested person is 
 16.20  still in detention, the order must be served upon the arrested 
 16.21  person during detention if possible.