HF 787

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2021 04:33pm

A bill for an act
relating to public safety; establishing the crime of residential protesting; 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 [609.73] RESIDENTIAL PROTESTING.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative intent. new text end

new text begin The legislature hereby finds and declares that persons
in a free society have the right to quiet enjoyment of their homes; that the stability of
community and family life cannot be maintained unless the right to privacy and a sense of
security and peace in the home are respected and encouraged; that residential protesting,
however just the cause inspiring it, disrupts home, family, and communal life; that residential
protesting is unacceptable in our society, where the rights of free speech and assembly need
to be balanced with the rights of others on their property. For these reasons the legislature
finds and declares this section to be necessary.
new text end

new text begin Subd. 2. new text end

new text begin Residential protesting. new text end

new text begin A person who protests before or about the residence
or dwelling of any person, except when the residence or dwelling is used as a place of
business, commits residential protesting and may be sentenced as provided in subdivision
3. This section does not prohibit the peaceful protesting of the place of holding a meeting
or assembly on premises commonly used to discuss subjects of general public interest.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin (a) Except as otherwise provided in paragraph (b), a person who
violates this section is guilty of a misdemeanor.
new text end

new text begin (b) A person is guilty of a gross misdemeanor if the person violates this section:
new text end

new text begin (1) after a previous conviction under this section; or
new text end

new text begin (2) when the person is the subject of any of the following court orders directing the
person to cease or avoid the harassment of an occupant of the residential building or to have
no contact with an occupant of the residential building, and the respondent knows of the
order:
new text end

new text begin (i) an order for protection issued under section 518B.01;
new text end

new text begin (ii) a restraining order issued pursuant to section 609.748;
new text end

new text begin (iii) a domestic abuse no contact order issued pursuant to section 629.75;
new text end

new text begin (iv) a condition of pretrial release issued pursuant to rule 6.02 of the Rules of Criminal
Procedure; or
new text end

new text begin (v) a temporary restraining order or other injunction issued pursuant to rule 65 of the
Rules of Civil Procedure.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end