HF 4387

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/21/2024 03:42pm

A bill for an act
relating to public safety; providing for personal service of orders for protection,
restraining orders, and related notices; requiring law enforcement officers to make
reasonable efforts to locate respondents; allowing service of certain orders for
protection and harassment restraining orders to be served by mail; authorizing
service by mail of orders dismissing harassment restraining orders; requiring
probation agents and others to assist law enforcement officers in locating
respondents; requiring that notice of served orders for protection or harassment
restraining orders be provided to probation officers; establishing the Task Force
on Domestic Violence and Firearms; requiring a report; amending Minnesota
Statutes 2022, sections 518B.01, subdivisions 3a, 8, 9, 9a; 609.748, subdivisions
3a, 5, 5b, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 518B.01, subdivision 3a, is amended to read:

Subd. 3a.

Filing fee.

The filing fees for an order for protection under this section are
waived for the petitioner and respondent. deleted text begin The court administrator, the sheriff of any county
in this state, and other law enforcement and corrections officers shall perform their duties
relating to service of process without charge to the petitioner. The court shall direct payment
of the reasonable costs of service of process if served by a private process server when the
sheriff or other law enforcement or corrections officer is unavailable or if service is made
by publication, without requiring the petitioner to make application under section 563.01.
deleted text end

Sec. 2.

Minnesota Statutes 2022, section 518B.01, subdivision 8, is amended to read:

Subd. 8.

Service; alternate service; publication; notice.

(a) The petition and any order
issued under this section other than orders for dismissal shall be served on the respondent
personally new text begin , or if the respondent appears remotely for a hearing and is notified at the hearing
by the judicial officer that an order for protection will be issued, the order may be served
on the respondent electronically or by first class mail, as ordered by the court new text end . Orders for
dismissal may be served personally or by certified mail. In lieu of personal service of an
order for protection, a law enforcement officer may serve a person with a short-form
notification as provided in subdivision 8a.

(b) When service is made out of this state and in the United States, it may be proved by
the affidavit of the person making the service. When service is made outside the United
States, it may be proved by the affidavit of the person making the service, taken before and
certified by any United States minister, charge d'affaires, commissioner, consul, or
commercial agent, or other consular or diplomatic officer of the United States appointed to
reside in the other country, including all deputies or other representatives of the officer
authorized to perform their duties; or before an office authorized to administer an oath with
the certificate of an officer of a court of record of the country in which the affidavit is taken
as to the identity and authority of the officer taking the affidavit.

(c) If personal service cannot be made, the court may order service of the petition and
any order issued under this section by alternate means, or by publication, which publication
must be made as in other actions. The application for alternate service must include the last
known location of the respondent; the petitioner's most recent contacts with the respondent;
the last known location of the respondent's employment; the names and locations of the
respondent's parents, siblings, children, and other close relatives; the names and locations
of other persons who are likely to know the respondent's whereabouts; and a description of
efforts to locate those persons.

The court shall consider the length of time the respondent's location has been unknown,
the likelihood that the respondent's location will become known, the nature of the relief
sought, and the nature of efforts made to locate the respondent. The court shall order service
by first class mail, forwarding address requested, to any addresses where there is a reasonable
possibility that mail or information will be forwarded or communicated to the respondent.

The court may also order publication, within or without the state, but only if it might
reasonably succeed in notifying the respondent of the proceeding. Service shall be deemed
complete 14 days after mailing or 14 days after court-ordered publication.

(d) A petition and any order issued under this section, including the short-form
notification, must include a notice to the respondent that if an order for protection is issued
to protect the petitioner or a child of the parties, upon request of the petitioner in any
parenting time proceeding, the court shall consider the order for protection in making a
decision regarding parenting time.

Sec. 3.

Minnesota Statutes 2022, section 518B.01, subdivision 9, is amended to read:

Subd. 9.

Assistance of sheriff deleted text begin in service or execution deleted text end new text begin ; possession of dwelling or
residence new text end .

When an order is issued under this section upon request of the petitioner, the
court shall order the sheriff to accompany the petitioner and assist in placing the petitioner
in possession of the dwelling or residence deleted text begin , or otherwise assist in execution or service of the
order of protection. If the application for relief is brought in a county in which the respondent
is not present, the sheriff shall forward the pleadings necessary for service upon the
respondent to the sheriff of the county in which the respondent is present. This transmittal
must be expedited to allow for timely service deleted text end .

Sec. 4.

Minnesota Statutes 2022, section 518B.01, subdivision 9a, is amended to read:

Subd. 9a.

new text begin Personal new text end service deleted text begin by others deleted text end new text begin ; procedures; cost; reasonable efforts and
cooperation required new text end .

new text begin (a) Where personal service is required under this section, service
must comply with subdivision 8 and rule 4.03 of the Rules of Civil Procedure.
new text end

new text begin (b) Upon request of the petitioner or order of the court, the sheriff of any county in this
state in which a respondent resides or is present must execute or serve any petition, ex parte
order, notice of hearing, order for protection, and any other order of a court on the respondent.
If the application for relief is brought in a county in which the respondent is not present,
the sheriff of the county where the application for relief was brought shall forward the
pleadings necessary for service upon the respondent to the sheriff of the county in which
the respondent is present. This transmittal must be expedited to allow for timely service.
new text end

new text begin (c) new text end Peace officers licensed by the state of Minnesota and corrections officers, including,
but not limited to, probation officers, court services officers, parole officers, and employees
of jails or correctional facilities, may serve an order for protection new text begin and must, to the extent
possible, provide any sheriff, law enforcement officer, or other peace officer attempting to
effectuate service with relevant information regarding where a respondent may be found,
such as the respondent's residence, the respondent's place of employment or schooling, or
other locations frequented by the respondent new text end .

new text begin (d) The court administrator, the sheriff of any county in this state, and any other law
enforcement officer, peace officer, or corrections officer shall perform the duties relating
to service of process without charge to the petitioner. The court shall direct payment of the
reasonable costs of service of process if served by a private process server when the sheriff
or other law enforcement officer, peace officer, or corrections officer is unavailable or if
service is made by publication, without requiring the petitioner to make application under
section 563.01.
new text end

new text begin (e) A sheriff, law enforcement officer, or any other peace officer must make reasonable
efforts to locate a respondent to effectuate service. Reasonable efforts may include:
new text end

new text begin (1) a search of any information that is publicly available;
new text end

new text begin (2) a search of any government data in a database to which the sheriff, law enforcement
officer, or other peace officer has access, provided the data is classified as public data on
individuals as defined in section 13.02, subdivision 15, or is otherwise available to criminal
justice agencies, as defined in section 13.02, subdivision 3a; and
new text end

new text begin (3) communication with any court administrator, the sheriff of any county in this state,
and any other law enforcement officer, peace officer, or corrections officer.
new text end

new text begin (f) A sheriff, law enforcement officer, or any other peace officer who serves a respondent
who the sheriff or officer knows is on supervised probation or supervised release with an
ex parte order, order for protection, or short-form notification must provide a copy of the
served order or notification to the respondent's probation officer, supervised release or
conditional release agent, or parole officer.
new text end

Sec. 5.

Minnesota Statutes 2022, section 609.748, subdivision 3a, is amended to read:

Subd. 3a.

Filing fee deleted text begin ; cost of service deleted text end .

The filing fees for a restraining order under this
section are waived for the petitioner and the respondent if the petition alleges acts that would
constitute a violation of section 609.749, subdivision 2, 3, 4, or 5, or sections 609.342 to
609.3451. deleted text begin The court administrator and any peace officer in this state shall perform their
duties relating to service of process without charge to the petitioner. The court shall direct
payment of the reasonable costs of service of process if served by a private process server
when a peace officer is unavailable or if service is made by publication.
deleted text end

Sec. 6.

Minnesota Statutes 2022, section 609.748, subdivision 5, is amended to read:

Subd. 5.

Restraining order.

(a) The court may issue a restraining order that provides
any or all of the following:

(1) orders the respondent to cease or avoid the harassment of another person; or

(2) orders the respondent to have no contact with another person.

(b) The court may issue an order under paragraph (a) if all of the following occur:

(1) the petitioner has filed a petition under subdivision 3;

(2) a peace officer has served respondent with a copy of the temporary restraining order
obtained under subdivision 4, and with notice of the right to request a hearing, or service
has been made by publication under subdivision 3, paragraph (b); and

(3) the court finds at the hearing that there are reasonable grounds to believe that the
respondent has engaged in harassment.

A restraining order may be issued only against the respondent named in the petition; except
that if the respondent is an organization, the order may be issued against and apply to all of
the members of the organization. If the court finds that the petitioner has had two or more
previous restraining orders in effect against the same respondent or the respondent has
violated a prior or existing restraining order on two or more occasions, relief granted by the
restraining order may be for a period of up to 50 years. In all other cases, relief granted by
the restraining order must be for a fixed period of not more than two years. When a referee
presides at the hearing on the petition, the restraining order becomes effective upon the
referee's signature.

(c) An order issued under this subdivision must be personally served upon the respondent new text begin ,
or if the respondent appears remotely for a hearing and is notified at the hearing by the
judicial officer that a restraining order will be issued, the order may be served on the
respondent electronically or by first class mail, as ordered by the court new text end .

(d) If the court orders relief for a period of up to 50 years under paragraph (a), the
respondent named in the restraining order may request to have the restraining order vacated
or modified if the order has been in effect for at least five years and the respondent has not
violated the order. Application for relief under this paragraph must be made in the county
in which the restraining order was issued. Upon receipt of the request, the court shall set a
hearing date. Personal service must be made upon the petitioner named in the restraining
order not less than 30 days before the date of the hearing. At the hearing, the respondent
named in the restraining order has the burden of proving by a preponderance of the evidence
that there has been a material change in circumstances and that the reasons upon which the
court relied in granting the restraining order no longer apply and are unlikely to occur. If
the court finds that the respondent named in the restraining order has met the burden of
proof, the court may vacate or modify the order. If the court finds that the respondent named
in the restraining order has not met the burden of proof, the court shall deny the request and
no request may be made to vacate or modify the restraining order until five years have
elapsed from the date of denial. An order vacated or modified under this paragraph must
be personally served on the petitioner named in the restraining order.

Sec. 7.

Minnesota Statutes 2022, section 609.748, subdivision 5b, is amended to read:

Subd. 5b.

new text begin Personal new text end service deleted text begin by others deleted text end new text begin ; procedures; cost; reasonable efforts and
cooperation required new text end .

new text begin (a) Where personal service is required under this section, service
must comply with rule 4.03 of the Rules of Civil Procedure.
new text end

new text begin (b) new text end In addition to peace officers, corrections officers, including but not limited to
probation officers, court services officers, parole officers, and employees of jails or
correctional facilities, may serve a temporary restraining order or restraining order new text begin and must,
to the extent possible, provide any sheriff, law enforcement officer, or other peace officer
attempting to effectuate service with relevant information regarding where a respondent
may be found, such as the respondent's residence, the respondent's place of employment or
schooling, or other locations frequented by the respondent new text end .

new text begin (c) The court administrator and any peace officer in this state shall perform their duties
relating to service of process without charge to the petitioner. The court shall direct payment
of the reasonable costs of service of process if served by a private process server when a
peace officer is unavailable or if service is made by publication.
new text end

new text begin (d) A sheriff, law enforcement officer, or any other peace officer must make reasonable
efforts to locate a respondent to effectuate service. Reasonable efforts may include:
new text end

new text begin (1) a search of any information that is publicly available;
new text end

new text begin (2) a search of any government data in a database to which the sheriff, law enforcement
officer, or other peace officer has access, provided the data is classified as public data on
individuals as defined in section 13.02, subdivision 15, or is otherwise available to criminal
justice agencies, as defined in section 13.02, subdivision 3a; and
new text end

new text begin (3) communication with any court administrator, the sheriff of any county in this state,
and any other law enforcement officer, peace officer, or corrections officer.
new text end

new text begin (e) A sheriff, law enforcement officer, or any other peace officer who serves a respondent
who the sheriff or officer knows is on supervised probation or supervised release with a
temporary restraining order, restraining order, or short-form notification must provide a
copy of the served order or notification to the respondent's probation officer, supervised
release or conditional release agent, or parole officer.
new text end

Sec. 8.

Minnesota Statutes 2022, section 609.748, is amended by adding a subdivision to
read:

new text begin Subd. 5c. new text end

new text begin Dismissals. new text end

new text begin Orders for dismissal of a temporary restraining order or a
restraining order may be served personally or by certified mail.
new text end

Sec. 9. new text begin TASK FORCE ON DOMESTIC VIOLENCE AND FIREARMS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Task Force on Domestic Violence and Firearms is
established to review existing laws that require the surrender of firearms by individuals
subject to an order for protection, subject to an extreme risk protection order, or convicted
of domestic assault, harassment, or stalking; identify best practices to ensure the surrender
of firearms that prioritize the safety of peace officers, victims, and others; identify policies
and procedures that reduce the danger to peace officers and other emergency responders
called to an incident involving domestic violence; and make policy and funding
recommendations to the legislature.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The task force consists of the following members:
new text end

new text begin (1) the commissioner of public safety, or a designee;
new text end

new text begin (2) the director of the Missing and Murdered Indigenous Relatives Office, or a designee;
new text end

new text begin (3) the chief justice of the supreme court, or a designee;
new text end

new text begin (4) the state public defender, or a designee;
new text end

new text begin (5) a county attorney appointed by the Minnesota County Attorneys Association;
new text end

new text begin (6) an individual appointed by the Indian Affairs Council;
new text end

new text begin (7) a peace officer as defined in Minnesota Statutes, section 626.84, subdivision 1,
paragraph (c), appointed by the Minnesota Chiefs of Police Association;
new text end

new text begin (8) a peace officer as defined in Minnesota Statutes, section 626.84, subdivision 1,
paragraph (c), appointed by the Minnesota Sheriffs' Association;
new text end

new text begin (9) an individual appointed by Violence Free Minnesota;
new text end

new text begin (10) an individual appointed by Minnesota Coalition Against Sexual Assault; and
new text end

new text begin (11) an individual appointed by the Gun Violence Prevention Law Clinic at the University
of Minnesota Law School.
new text end

new text begin (b) Appointments must be made no later than September 1, 2024.
new text end

new text begin (c) Members shall serve without compensation.
new text end

new text begin (d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Officers; meetings. new text end

new text begin (a) The commissioner of public safety shall convene the
first meeting of the task force no later than September 15, 2024, and shall provide meeting
space and administrative assistance for the task force to conduct its work.
new text end

new text begin (b) At its first meeting, the task force must elect a chair and vice-chair from among its
members. The task force may elect other officers as necessary.
new text end

new text begin (c) The task force shall meet at least monthly or upon the call of the chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin (a) The task force shall, at a minimum:
new text end

new text begin (1) review relevant information regarding the intersection between domestic violence
and firearm violence;
new text end

new text begin (2) examine existing laws requiring the surrender of firearms by individuals subject to
orders for protection, convicted of domestic assault, and convicted of harassment or stalking;
new text end

new text begin (3) examine existing policies and procedures, if any, used in Minnesota to enforce orders
requiring the surrender of firearms by individuals subject to an order for protection or
convicted of domestic assault, harassment, or stalking;
new text end

new text begin (4) examine laws, policies, and procedures in other states related to enforcing orders
requiring the surrender of firearms;
new text end

new text begin (5) identify barriers to enforcing orders in Minnesota that require the surrender of firearms
by individuals subject to an order for protection or convicted of domestic assault, harassment,
or stalking;
new text end

new text begin (6) identify best practices for enforcing orders requiring the surrender of firearms,
prioritizing practices that protect the safety of peace officers, prosecutors, judges and court
staff, victims, and others;
new text end

new text begin (7) identify policies and procedures that reduce the danger to peace officers and other
emergency responders called to an incident involving domestic violence; and
new text end

new text begin (8) make policy and funding recommendations to the legislature.
new text end

new text begin (b) At its discretion, the task force may examine other issues consistent with this section.
new text end

new text begin Subd. 5. new text end

new text begin Recommendations; report. new text end

new text begin The task force may issue recommendations and
reports at any time during its existence. By February 1, 2025, the task force must submit a
report to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over public safety finance and policy on the
findings and recommendations of the task force.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The task force expires the day after submitting its report under
subdivision 5.
new text end