1.1                          A bill for an act
  1.2             relating to crime prevention; limiting the right to 
  1.3             possess a pistol for persons convicted of violating an 
  1.4             order for protection; limiting the right to possess a 
  1.5             pistol for persons convicted of a stalking or 
  1.6             harassment crime; requiring domestic abuse 
  1.7             assessments; increasing the penalty for committing 
  1.8             domestic assault in the presence of a minor; amending 
  1.9             Minnesota Statutes 1994, sections 609.224, subdivision 
  1.10            4; 609.5316, subdivision 3; 609.749, by adding a 
  1.11            subdivision; Minnesota Statutes 1995 Supplement, 
  1.12            sections 518B.01, subdivision 14; 609.224, subdivision 
  1.13            2; proposing coding for new law in Minnesota Statutes, 
  1.14            chapter 518B. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.17  518B.01, subdivision 14, is amended to read: 
  1.18     Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
  1.19  Whenever an order for protection is granted pursuant to this 
  1.20  section, and the respondent or person to be restrained knows of 
  1.21  the order, violation of the order for protection is a 
  1.22  misdemeanor.  Upon conviction, the defendant must be sentenced 
  1.23  to a minimum of three days imprisonment and must be ordered to 
  1.24  participate in counseling or other appropriate programs selected 
  1.25  by the court.  If the court stays imposition or execution of the 
  1.26  jail sentence and the defendant refuses or fails to comply with 
  1.27  the court's treatment order, the court must impose and execute 
  1.28  the stayed jail sentence.  A person is guilty of a gross 
  1.29  misdemeanor who violates this paragraph during the time period 
  1.30  between a previous conviction under this paragraph; sections 
  2.1   609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 
  2.2   609.748, subdivision 6; 609.749; or a similar law of another 
  2.3   state and the end of the five years following discharge from 
  2.4   sentence for that conviction.  Upon conviction, the defendant 
  2.5   must be sentenced to a minimum of ten days imprisonment and must 
  2.6   be ordered to participate in counseling or other appropriate 
  2.7   programs selected by the court.  Notwithstanding section 
  2.8   609.135, the court must impose and execute the minimum sentence 
  2.9   provided in this paragraph for gross misdemeanor convictions. 
  2.10     (b) A peace officer shall arrest without a warrant and take 
  2.11  into custody a person whom the peace officer has probable cause 
  2.12  to believe has violated an order granted pursuant to this 
  2.13  section restraining the person or excluding the person from the 
  2.14  residence or the petitioner's place of employment, even if the 
  2.15  violation of the order did not take place in the presence of the 
  2.16  peace officer, if the existence of the order can be verified by 
  2.17  the officer.  The person shall be held in custody for at least 
  2.18  36 hours, excluding the day of arrest, Sundays, and holidays, 
  2.19  unless the person is released earlier by a judge or judicial 
  2.20  officer.  A peace officer acting in good faith and exercising 
  2.21  due care in making an arrest pursuant to this paragraph is 
  2.22  immune from civil liability that might result from the officer's 
  2.23  actions. 
  2.24     (c) A violation of an order for protection shall also 
  2.25  constitute contempt of court and be subject to the penalties 
  2.26  therefor.  
  2.27     (d) If the court finds that the respondent has violated an 
  2.28  order for protection and that there is reason to believe that 
  2.29  the respondent will commit a further violation of the provisions 
  2.30  of the order restraining the respondent from committing acts of 
  2.31  domestic abuse or excluding the respondent from the petitioner's 
  2.32  residence, the court may require the respondent to acknowledge 
  2.33  an obligation to comply with the order on the record.  The court 
  2.34  may require a bond sufficient to deter the respondent from 
  2.35  committing further violations of the order for protection, 
  2.36  considering the financial resources of the respondent, and not 
  3.1   to exceed $10,000.  If the respondent refuses to comply with an 
  3.2   order to acknowledge the obligation or post a bond under this 
  3.3   paragraph, the court shall commit the respondent to the county 
  3.4   jail during the term of the order for protection or until the 
  3.5   respondent complies with the order under this paragraph.  The 
  3.6   warrant must state the cause of commitment, with the sum and 
  3.7   time for which any bond is required.  If an order is issued 
  3.8   under this paragraph, the court may order the costs of the 
  3.9   contempt action, or any part of them, to be paid by the 
  3.10  respondent.  An order under this paragraph is appealable.  
  3.11     (e) Upon the filing of an affidavit by the petitioner, any 
  3.12  peace officer, or an interested party designated by the court, 
  3.13  alleging that the respondent has violated any order for 
  3.14  protection granted pursuant to this section, the court may issue 
  3.15  an order to the respondent, requiring the respondent to appear 
  3.16  and show cause within 14 days why the respondent should not be 
  3.17  found in contempt of court and punished therefor.  The hearing 
  3.18  may be held by the court in any county in which the petitioner 
  3.19  or respondent temporarily or permanently resides at the time of 
  3.20  the alleged violation.  The court also shall refer the violation 
  3.21  of the order for protection to the appropriate prosecuting 
  3.22  authority for possible prosecution under paragraph (a). 
  3.23     (f) If it is alleged that the respondent has violated an 
  3.24  order for protection issued under subdivision 6 and the court 
  3.25  finds that the order has expired between the time of the alleged 
  3.26  violation and the court's hearing on the violation, the court 
  3.27  may grant a new order for protection under subdivision 6 based 
  3.28  solely on the respondent's alleged violation of the prior order, 
  3.29  to be effective until the hearing on the alleged violation of 
  3.30  the prior order.  If the court finds that the respondent has 
  3.31  violated the prior order, the relief granted in the new order 
  3.32  for protection shall be extended for a fixed period, not to 
  3.33  exceed one year, except when the court determines a longer fixed 
  3.34  period is appropriate. 
  3.35     (g) The admittance into petitioner's dwelling of an abusing 
  3.36  party excluded from the dwelling under an order for protection 
  4.1   is not a violation by the petitioner of the order for protection.
  4.2      A peace officer is not liable under section 609.43, clause 
  4.3   (1), for a failure to perform a duty required by paragraph (b). 
  4.4      (h) When a person is convicted of violating an order for 
  4.5   protection under this section and the court determines that the 
  4.6   person used a firearm in any way during commission of the 
  4.7   violation, the court may order that the person is prohibited 
  4.8   from possessing any type of firearm for any period longer than 
  4.9   three years or for the remainder of the person's life.  A person 
  4.10  who violates this paragraph is guilty of a gross misdemeanor.  
  4.11  At the time of the conviction, the court shall inform the 
  4.12  defendant whether and for how long the defendant is prohibited 
  4.13  from possessing a firearm and that it is a gross misdemeanor to 
  4.14  violate this paragraph.  The failure of the court to provide 
  4.15  this information to a defendant does not affect the 
  4.16  applicability of the firearm possession prohibition or the gross 
  4.17  misdemeanor penalty to that defendant. 
  4.18     (i) Except as otherwise provided in paragraph (h), when a 
  4.19  person is convicted of violating an order for protection under 
  4.20  this section, the court shall inform the defendant that the 
  4.21  defendant is prohibited from possessing a pistol for three years 
  4.22  from the date of conviction and that it is a gross misdemeanor 
  4.23  offense to violate this prohibition.  The failure of the court 
  4.24  to provide this information to a defendant does not affect the 
  4.25  applicability of the pistol possession prohibition or the gross 
  4.26  misdemeanor penalty to that defendant. 
  4.27     (j) Except as otherwise provided in paragraph (h), a person 
  4.28  is not entitled to possess a pistol if the person has been 
  4.29  convicted after August 1, 1996, of violating an order for 
  4.30  protection under this section, unless three years have elapsed 
  4.31  from the date of conviction and, during that time, the person 
  4.32  has not been convicted of any other violation of this section.  
  4.33  Property rights may not be abated but access may be restricted 
  4.34  by the courts.  A person who possesses a pistol in violation of 
  4.35  this paragraph is guilty of a gross misdemeanor. 
  4.36     (k) If the court determines that a person convicted of 
  5.1   violating an order for protection under this section owns or 
  5.2   possesses a firearm and used it in any way during the commission 
  5.3   of the violation, it shall order that the firearm be summarily 
  5.4   forfeited under section 609.5316, subdivision 3. 
  5.5      Sec. 2.  [518B.02] [DOMESTIC ABUSE ASSESSMENTS.] 
  5.6      Subdivision 1.  [DOMESTIC ABUSE ASSESSMENT.] A domestic 
  5.7   abuse assessment must be conducted and an assessment report 
  5.8   submitted to the court by the county agency responsible for 
  5.9   administering the assessment when: 
  5.10     (1) a defendant is convicted of an offense described in 
  5.11  section 518B.01, subdivision 2; or 
  5.12     (2) a defendant is arrested for committing an offense 
  5.13  described in section 518B.01, subdivision 2, but is convicted of 
  5.14  another offense arising out of the same circumstances 
  5.15  surrounding the arrest. 
  5.16     Subd. 2.  [REPORT.] (a) The assessment report must contain 
  5.17  an evaluation of the convicted defendant including the 
  5.18  circumstances of the offense, impact on the victim, the 
  5.19  defendant's prior record, characteristics and history of alcohol 
  5.20  and chemical use problems, and amenability to domestic abuse 
  5.21  counseling programs.  The report is classified as private data 
  5.22  on individuals as defined in section 13.02, subdivision 12. 
  5.23     (b) The assessment report must include: 
  5.24     (1) a recommendation on any limitations on contact with the 
  5.25  victim; 
  5.26     (2) a recommendation for the defendant to enter and 
  5.27  successfully complete domestic abuse counseling and any 
  5.28  aftercare found necessary by the assessment; 
  5.29     (3) a recommendation for chemical dependency evaluation and 
  5.30  treatment as determined by the evaluation whenever alcohol or 
  5.31  drugs were found to be a contributing factor to the offense; 
  5.32     (4) recommendations for other appropriate remedial action 
  5.33  or care, which may consist of educational programs, one-on-one 
  5.34  counseling, a program or type of treatment that addresses mental 
  5.35  health concerns, or a specific explanation why no level of care 
  5.36  or action is recommended; and 
  6.1      (5) consequences for failure to abide by conditions set up 
  6.2   by the court. 
  6.3      Subd. 3.  [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME 
  6.4   LIMITS.] A domestic abuse assessment required by this section 
  6.5   must be conducted by an assessor approved by the court, the 
  6.6   local corrections department, or the commissioner of 
  6.7   corrections.  The assessor shall have access to any police 
  6.8   reports, or other law enforcement data relating to the current 
  6.9   offense or previous offenses that are necessary to complete the 
  6.10  evaluation.  An assessor providing an assessment under this 
  6.11  section may not have any direct or shared financial interest or 
  6.12  referral relationship resulting in shared financial gain with a 
  6.13  treatment provider.  An appointment for the defendant to undergo 
  6.14  the assessment shall be made by the court, a court services 
  6.15  probation officer, or court administrator as soon as possible 
  6.16  but in no case more than one week after the defendant's court 
  6.17  appearance.  The assessment must be completed no later than 
  6.18  three weeks after the defendant's court date. 
  6.19     Subd. 4.  [DOMESTIC ABUSE ASSESSMENT FEE.] When the court 
  6.20  sentences a person convicted of an offense described in section 
  6.21  518B.01, subdivision 2, the court shall impose a domestic abuse 
  6.22  assessment fee of $125.  This fee must be imposed whether the 
  6.23  sentence is executed, stayed, or suspended.  The court may not 
  6.24  waive payment or authorize payment of the fee in installments 
  6.25  unless it makes written findings on the record that the 
  6.26  convicted person is indigent or that the fee would create undue 
  6.27  hardship for the convicted person or that person's immediate 
  6.28  family.  The person convicted of the offense and ordered to pay 
  6.29  the fee shall pay the fee to the county corrections department 
  6.30  or other designated agencies conducting the assessment. 
  6.31     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  6.32  609.224, subdivision 2, is amended to read: 
  6.33     Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
  6.34  provisions of subdivision 1 against the same victim during the 
  6.35  time period between a previous conviction under this section, 
  6.36  sections 609.221 to 609.2231, 609.2242, 609.342 to 609.345, or 
  7.1   609.713, or any similar law of another state, and the end of the 
  7.2   five years following discharge from sentence for that 
  7.3   conviction, is guilty of a gross misdemeanor and may be 
  7.4   sentenced to imprisonment for not more than one year or to 
  7.5   payment of a fine of not more than $3,000, or both.  
  7.6      (b) Whoever violates the provisions of subdivision 1 within 
  7.7   two years of a previous conviction under this section or 
  7.8   sections 609.221 to 609.2231, 609.2242, or 609.713 is guilty of 
  7.9   a gross misdemeanor and may be sentenced to imprisonment for not 
  7.10  more than one year or to payment of a fine of not more than 
  7.11  $3,000, or both. 
  7.12     (c) A caregiver, as defined in section 609.232, who is an 
  7.13  individual and who violates the provisions of subdivision 1 
  7.14  against a vulnerable adult, as defined in section 609.232, is 
  7.15  guilty of a gross misdemeanor and may be sentenced to 
  7.16  imprisonment for not more than one year or to payment of a fine 
  7.17  of not more than $3,000, or both. 
  7.18     Sec. 4.  Minnesota Statutes 1994, section 609.224, 
  7.19  subdivision 4, is amended to read: 
  7.20     Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
  7.21  subdivision 1 against the same victim during the time period 
  7.22  between the first of two or more previous convictions under this 
  7.23  section or sections 609.221 to 609.2231, 609.2242, 609.342 to 
  7.24  609.345, or 609.713, and the end of the five years following 
  7.25  discharge from sentence for that conviction is guilty of a 
  7.26  felony and may be sentenced to imprisonment for not more than 
  7.27  five years or payment of a fine of not more than $10,000, or 
  7.28  both. 
  7.29     (b) Whoever violates the provisions of subdivision 1 within 
  7.30  three years of the first of two or more previous convictions 
  7.31  under this section or sections 609.221 to 609.2231, 609.2242, or 
  7.32  609.713 is guilty of a felony and may be sentenced to 
  7.33  imprisonment for not more than five years or to payment of a 
  7.34  fine of not more than $10,000, or both. 
  7.35     Sec. 5.  Minnesota Statutes 1994, section 609.5316, 
  7.36  subdivision 3, is amended to read: 
  8.1      Subd. 3.  [WEAPONS AND BULLET-RESISTANT VESTS.] Weapons 
  8.2   used are contraband and must be summarily forfeited to the 
  8.3   appropriate agency upon conviction of the weapon's owner or 
  8.4   possessor for a controlled substance crime or; for any offense 
  8.5   of this chapter or chapter 624, or for a violation of an order 
  8.6   for protection under section 518B.01, subdivision 14.  
  8.7   Bullet-resistant vests, as defined in section 609.486, worn or 
  8.8   possessed during the commission or attempted commission of a 
  8.9   crime are contraband and must be summarily forfeited to the 
  8.10  appropriate agency upon conviction of the owner or possessor for 
  8.11  a controlled substance crime or for any offense of this 
  8.12  chapter.  Notwithstanding this subdivision, weapons used and 
  8.13  bullet-resistant vests worn or possessed may be forfeited 
  8.14  without a conviction under sections 609.531 to 609.5315. 
  8.15     Sec. 6.  Minnesota Statutes 1994, section 609.749, is 
  8.16  amended by adding a subdivision to read: 
  8.17     Subd. 8.  [STALKING; FIREARMS.] (a) When a person is 
  8.18  convicted of a harassment or stalking crime under this section 
  8.19  and the court determines that the person used a firearm in any 
  8.20  way during commission of the crime, the court may order that the 
  8.21  person is prohibited from possessing any type of firearm for any 
  8.22  period longer than three years or for the remainder of the 
  8.23  person's life.  A person who violates this paragraph is guilty 
  8.24  of a gross misdemeanor.  At the time of the conviction, the 
  8.25  court shall inform the defendant whether and for how long the 
  8.26  defendant is prohibited from possessing a firearm and that it is 
  8.27  a gross misdemeanor to violate this paragraph.  The failure of 
  8.28  the court to provide this information to a defendant does not 
  8.29  affect the applicability of the firearm possession prohibition 
  8.30  or the gross misdemeanor penalty to that defendant. 
  8.31     (b) Except as otherwise provided in paragraph (a), when a 
  8.32  person is convicted of a stalking or harassment crime under this 
  8.33  section, the court shall inform the defendant that the defendant 
  8.34  is prohibited from possessing a pistol for three years from the 
  8.35  date of conviction and that it is a gross misdemeanor offense to 
  8.36  violate this prohibition.  The failure of the court to provide 
  9.1   this information to a defendant does not affect the 
  9.2   applicability of the pistol possession prohibition or the gross 
  9.3   misdemeanor penalty to that defendant. 
  9.4      (c) Except as otherwise provided in paragraph (a), a person 
  9.5   is not entitled to possess a pistol if the person has been 
  9.6   convicted after August 1, 1996, of a stalking or harassment 
  9.7   crime under this section, unless three years have elapsed from 
  9.8   the date of conviction and, during that time, the person has not 
  9.9   been convicted of any other violation of this section.  Property 
  9.10  rights may not be abated but access may be restricted by the 
  9.11  courts.  A person who possesses a pistol in violation of this 
  9.12  paragraph is guilty of a gross misdemeanor. 
  9.13     (d) If the court determines that a person convicted of a 
  9.14  stalking or harassment crime under this section owns or 
  9.15  possesses a firearm and used it in any way during the commission 
  9.16  of the crime, it shall order that the firearm be summarily 
  9.17  forfeited under section 609.5316, subdivision 3. 
  9.18     Sec. 7.  [EFFECTIVE DATE.] 
  9.19     Sections 1 to 6 are effective August 1, 1996, and apply to 
  9.20  crimes committed on or after that date.