SF 11

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to domestic abuse; providing for a six-year 
  1.3             statute of limitations for causes of action based on 
  1.4             domestic abuse; authorizing a joint domestic abuse 
  1.5             prosecution unit pilot project in Ramsey county; 
  1.6             amending Minnesota Statutes 1998, section 541.05, 
  1.7             subdivision 1; Minnesota Statutes 1999 Supplement, 
  1.8             section 541.07. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 541.05, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  Except where the Uniform Commercial Code 
  1.13  otherwise prescribes, the following actions shall be commenced 
  1.14  within six years: 
  1.15     (1) Upon a contract or other obligation, express or 
  1.16  implied, as to which no other limitation is expressly 
  1.17  prescribed; 
  1.18     (2) Upon a liability created by statute, other than those 
  1.19  arising upon a penalty or forfeiture or where a shorter period 
  1.20  is provided by section 541.07; 
  1.21     (3) For a trespass upon real estate; 
  1.22     (4) For taking, detaining, or injuring personal property, 
  1.23  including actions for the specific recovery thereof; 
  1.24     (5) For criminal conversation, or for any other injury to 
  1.25  the person or rights of another, not arising on contract, and 
  1.26  not hereinafter enumerated; 
  1.27     (6) For relief on the ground of fraud, in which case the 
  2.1   cause of action shall not be deemed to have accrued until the 
  2.2   discovery by the aggrieved party of the facts constituting the 
  2.3   fraud; 
  2.4      (7) To enforce a trust or compel a trustee to account, 
  2.5   where the trustee has neglected to discharge the trust, or 
  2.6   claims to have fully performed it, or has repudiated the trust 
  2.7   relation; 
  2.8      (8) Against sureties upon the official bond of any public 
  2.9   officer, whether of the state or of any county, town, school 
  2.10  district, or a municipality therein; in which case the 
  2.11  limitation shall not begin to run until the term of such officer 
  2.12  for which the bond was given shall have expired; 
  2.13     (9) For damages caused by a dam, used for commercial 
  2.14  purposes; or 
  2.15     (10) For assault, battery, false imprisonment, or other 
  2.16  tort, resulting in personal injury, if the conduct that gives 
  2.17  rise to the cause of action also constitutes domestic abuse as 
  2.18  defined in section 518B.01. 
  2.19     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.20  541.07, is amended to read: 
  2.21     541.07 [TWO- OR THREE-YEAR LIMITATIONS.] 
  2.22     Except where the Uniform Commercial Code, this section, 
  2.23  section 148A.06, 541.05, 541.073, or 541.076 otherwise 
  2.24  prescribes, the following actions shall be commenced within two 
  2.25  years: 
  2.26     (1) for libel, slander, assault, battery, false 
  2.27  imprisonment, or other tort, resulting in personal injury, and 
  2.28  all actions against veterinarians as defined in chapter 156, for 
  2.29  malpractice, error, mistake or failure to cure, whether based on 
  2.30  contract or tort; provided a counterclaim may be pleaded as a 
  2.31  defense to any action for services brought by a veterinarian 
  2.32  after the limitations period if it was the property of the party 
  2.33  pleading it at the time it became barred and was not barred at 
  2.34  the time the claim sued on originated, but no judgment thereof 
  2.35  except for costs can be rendered in favor of the party so 
  2.36  pleading it; 
  3.1      (2) upon a statute for a penalty or forfeiture, except as 
  3.2   provided in sections 541.074 and 541.075; 
  3.3      (3) for damages caused by a dam, other than a dam used for 
  3.4   commercial purposes; but as against one holding under the 
  3.5   preemption or homestead laws, the limitations shall not begin to 
  3.6   run until a patent has been issued for the land so damaged; 
  3.7      (4) against a master for breach of an indenture of 
  3.8   apprenticeship; the limitation runs from the expiration of the 
  3.9   term of service; 
  3.10     (5) for the recovery of wages or overtime or damages, fees 
  3.11  or penalties accruing under any federal or state law respecting 
  3.12  the payment of wages or overtime or damages, fees or penalties 
  3.13  except, that if the employer fails to submit payroll records by 
  3.14  a specified date upon request of the department of labor and 
  3.15  industry or if the nonpayment is willful and not the result of 
  3.16  mistake or inadvertence, the limitation is three years.  (The 
  3.17  term "wages" means all remuneration for services or employment, 
  3.18  including commissions and bonuses and the cash value of all 
  3.19  remuneration in any medium other than cash, where the 
  3.20  relationship of master and servant exists and the term "damages" 
  3.21  means single, double, or treble damages, accorded by any 
  3.22  statutory cause of action whatsoever and whether or not the 
  3.23  relationship of master and servant exists); 
  3.24     (6) for damages caused by the establishment of a street or 
  3.25  highway grade or a change in the originally established grade; 
  3.26     (7) against the person who applies the pesticide for injury 
  3.27  or damage to property resulting from the application, but not 
  3.28  the manufacture or sale, of a pesticide. 
  3.29     Sec. 3.  [JOINT DOMESTIC ABUSE PROSECUTION UNIT.] 
  3.30     Subdivision 1.  [ESTABLISHMENT.] A pilot project may be 
  3.31  established to develop a joint domestic abuse prosecution unit 
  3.32  administered by the Ramsey county attorney's office and the St. 
  3.33  Paul city attorney's office.  The unit would have authority to 
  3.34  prosecute misdemeanors, gross misdemeanors, and felonies.  The 
  3.35  unit would also coordinate efforts with child protection 
  3.36  attorneys.  The unit would include four cross-deputized 
  4.1   assistant city attorneys and assistant county attorneys.  A 
  4.2   victim/witness advocate, a law clerk, and a legal secretary 
  4.3   would provide support. 
  4.4      Subd. 2.  [GOALS.] The goals of this pilot project are to: 
  4.5      (1) recognize children as both victims and witnesses in 
  4.6   domestic abuse situations; 
  4.7      (2) recognize and respect the interests of children in the 
  4.8   prosecution of domestic abuse; and 
  4.9      (3) reduce the exposure to domestic violence for both adult 
  4.10  and child victims. 
  4.11     Subd. 3.  [REPORT.] If the project is established, the 
  4.12  Ramsey county attorney's office and the St. Paul city attorney's 
  4.13  office must report to the legislature on the pilot project.  The 
  4.14  report may include the number and types of cases referred, the 
  4.15  number of cases charged, the outcome of cases, and other 
  4.16  relevant outcome measures.  A progress report is due January 15, 
  4.17  2001, and a final report is due January 15, 2002. 
  4.18     Subd. 4.  [SHARING OF PILOT PROJECT RESULTS.] If the 
  4.19  project is established, the Ramsey county attorney's office and 
  4.20  the St. Paul city attorney's office must share the results of 
  4.21  the pilot project with the state and other counties and cities. 
  4.22     Sec. 4.  [EFFECTIVE DATE.] 
  4.23     Sections 1 and 2 are effective August 1, 2000, and apply to 
  4.24  causes of action arising on or after that date.