1.1                          A bill for an act 
  1.2             relating to domestic abuse; establishing a pilot 
  1.3             program regulating domestic abuse perpetrated by 
  1.4             minors; amending Minnesota Statutes 1996, sections 
  1.5             260.015, subdivision 2a; 260.165, subdivision 1; 
  1.6             260.171, subdivision 2; and 609.748, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8                              ARTICLE 1 
  1.9                DOMESTIC ABUSE PERPETRATED BY A MINOR 
  1.10     Section 1.  [INTENT; PILOT PROGRAM.] 
  1.11     (a) The intent of this act is to create an action known as 
  1.12  a petition for an order for protection/minor respondent in cases 
  1.13  of domestic abuse perpetrated by a minor.  Minors who are found 
  1.14  to be the perpetrators of domestic abuse may be excluded from 
  1.15  their parent's home in order to assure the protection of victims 
  1.16  of domestic abuse.  The exclusion from a minor's parent's home 
  1.17  by an order for protection/minor respondent does not in itself 
  1.18  mean a child is in need of protection or services if the parent 
  1.19  or guardian, as legal custodian, provides an alternative safe 
  1.20  living arrangement for the minor.  All reasonable efforts should 
  1.21  be made by the petitioning parent or guardian to identify an 
  1.22  alternative safe living arrangement for the minor.  If the court 
  1.23  finds domestic abuse perpetrated by a minor, orders exclusion 
  1.24  from the home, and the petitioning parent or guardian is either 
  1.25  unable or unwilling to provide an alternative safe living 
  1.26  arrangement for the minor respondent, the court may detain the 
  2.1   minor respondent pursuant to Minnesota Statutes, chapter 260, 
  2.2   and order the appropriate social service agency to conduct an 
  2.3   assessment to identify an alternative safe living arrangement 
  2.4   for the minor. 
  2.5      (b) Actions under sections 2 to 26 are limited to a pilot 
  2.6   program in the 4th judicial district for the period August 1, 
  2.7   1997, through July 31, 1999.  At the conclusion of the pilot 
  2.8   period, the 4th judicial district shall report to the 
  2.9   legislature on the number of petitions filed under sections 2 to 
  2.10  26, the relationship of the parties, and the disposition of each 
  2.11  petition. 
  2.12     Sec. 2.  [DEFINITIONS.] 
  2.13     Subdivision 1.  [SCOPE.] The definitions in this section 
  2.14  apply to sections 2 to 26. 
  2.15     Subd. 2.  [ALTERNATIVE SAFE LIVING ARRANGEMENT.] 
  2.16  "Alternative safe living arrangement" means a living arrangement 
  2.17  for a minor respondent proposed by a petitioning parent or 
  2.18  guardian if a court excludes the minor from the parent's or 
  2.19  guardian's home under sections 2 to 26, that is separate from 
  2.20  the victim of domestic abuse and safe for the minor respondent.  
  2.21  A living arrangement proposed by a petitioning parent or 
  2.22  guardian is presumed to be an alternative safe living 
  2.23  arrangement absent information to the contrary presented to the 
  2.24  court.  In evaluating any proposed living arrangement, the court 
  2.25  shall consider whether the arrangement provides the minor 
  2.26  respondent with necessary food, clothing, shelter, and education 
  2.27  in a safe environment.  Any proposed living arrangement that 
  2.28  would place the minor respondent in the care of an adult who has 
  2.29  been physically or sexually violent is presumed unsafe. 
  2.30     Subd. 3.  [DOMESTIC ABUSE PERPETRATED BY A MINOR.] 
  2.31  "Domestic abuse perpetrated by a minor" means any of the 
  2.32  following if committed against a family or household member by a 
  2.33  family or household member who is a minor: 
  2.34     (1) physical harm, bodily injury, or assault; 
  2.35     (2) infliction of fear of imminent physical harm, bodily 
  2.36  injury, or assault; or 
  3.1      (3) terroristic threats, within the meaning of Minnesota 
  3.2   Statutes, section 609.713, subdivision 1, or criminal sexual 
  3.3   conduct, within the meaning of Minnesota Statutes, section 
  3.4   609.342, 609.343, 609.344, or 609.345.  
  3.5      Subd. 4.  [FAMILY OR HOUSEHOLD MEMBER.] "Family or 
  3.6   household member" of a person means: 
  3.7      (1) the person's spouse; 
  3.8      (2) the person's former spouse; 
  3.9      (3) the person's parent; 
  3.10     (4) the person's child; 
  3.11     (5) a person related by blood to the person; 
  3.12     (6) a person who is presently residing with the person or 
  3.13  who has resided with the person in the past; 
  3.14     (7) a person who has a child in common with the person 
  3.15  regardless of whether they have been married or have lived 
  3.16  together at any time; 
  3.17     (8) two persons if one is pregnant and the other is alleged 
  3.18  to be the father, regardless of whether they have been married 
  3.19  or have lived together at any time; and 
  3.20     (9) a person involved with the person in a significant 
  3.21  romantic or sexual relationship. 
  3.22     Issuance of an order for protection/minor respondent in the 
  3.23  situation described in clause (8) does not affect a 
  3.24  determination of paternity under Minnesota Statutes, sections 
  3.25  257.51 to 257.74.  
  3.26     Subd. 5.  [MINOR.] "Minor" means a person under the age of 
  3.27  18. 
  3.28     Sec. 3.  [COURT JURISDICTION.] 
  3.29     An application for relief under sections 2 to 26 may be 
  3.30  filed in district court in the county of residence of either 
  3.31  party or in the county in which the alleged domestic abuse 
  3.32  occurred.  In a jurisdiction that uses referees in dissolution 
  3.33  actions or juvenile court, the court or judge may refer actions 
  3.34  under this section to a referee to take and report the evidence 
  3.35  in the action in the same manner and subject to the same 
  3.36  limitations as provided in Minnesota Statutes, section 518.13.  
  4.1   Actions under sections 2 to 26 must be given docket priority by 
  4.2   the court. 
  4.3      Sec. 4.  [FILING FEE.] 
  4.4      The filing fees for an order for protection/minor 
  4.5   respondent under section 7 are waived for the petitioner.  The 
  4.6   court administrator and the sheriff of any county in this state 
  4.7   shall perform their duties relating to service of process 
  4.8   without charge to the petitioner.  The court shall direct 
  4.9   payment of the reasonable costs of service of process by a 
  4.10  private process server if the sheriff is unavailable or if 
  4.11  service is made by publication, without requiring the petitioner 
  4.12  to make application under Minnesota Statutes, section 563.01.  
  4.13     Sec. 5.  [INFORMATION ON PETITIONER'S LOCATION OR 
  4.14  RESIDENCE.] 
  4.15     Upon the petitioner's request, information maintained by a 
  4.16  court regarding the petitioner's location or residence is not 
  4.17  accessible to the public and may be disclosed only to court or 
  4.18  law enforcement personnel for purposes of service of process, 
  4.19  conducting an investigation, or enforcing an order. 
  4.20     Sec. 6.  [RULES.] 
  4.21     Actions under sections 2 to 26 are governed by the 
  4.22  Minnesota Rules of Civil Procedure except as otherwise provided. 
  4.23     Sec. 7.  [ORDER FOR PROTECTION/MINOR RESPONDENT.] 
  4.24     Subdivision 1.  [NAME OF ACTION.] There is an action known 
  4.25  as a petition for an order for protection/minor respondent in 
  4.26  cases of domestic abuse perpetrated by a minor.  
  4.27     Subd. 2.  [ELIGIBLE PETITIONER.] A petition for relief 
  4.28  under sections 2 to 26 may be made by an adult family or 
  4.29  household member personally or by a guardian as defined in 
  4.30  Minnesota Statutes, section 524.1-201, clause (20), or, if the 
  4.31  court finds that it is in the best interests of the minor, by a 
  4.32  reputable adult who is at least 25 years old on behalf of a 
  4.33  minor family or household member.  A minor who is at least 16 
  4.34  years old may make a petition on the minor's own behalf against 
  4.35  a spouse or former spouse who is a minor or another minor with 
  4.36  whom the minor petitioner has a child in common if the court 
  5.1   determines that the minor has sufficient maturity and judgment 
  5.2   and that it is in the best interests of the minor. 
  5.3      Subd. 3.  [CONTENTS OF PETITION.] (a) A petition for relief 
  5.4   must allege the existence of domestic abuse perpetrated by a 
  5.5   minor and be accompanied by a sworn affidavit stating the 
  5.6   specific facts and circumstances from which relief is sought.  
  5.7      (b) A petition for relief must state whether the petitioner 
  5.8   has ever had an order for protection in effect against the minor 
  5.9   respondent. 
  5.10     (c) A petition for relief must state whether there is an 
  5.11  existing order for protection in effect under sections 2 to 26 
  5.12  or under Minnesota Statutes, chapter 518B, governing both the 
  5.13  parties and whether there is a pending lawsuit, complaint, 
  5.14  petition, or other action between the parties under Minnesota 
  5.15  Statutes, chapter 257, 260, 518, 518A, 518B, or 518C.  
  5.16     Subd. 4.  [OTHER ORDERS OR ACTIONS.] The court 
  5.17  administrator shall verify the terms of any existing order 
  5.18  governing the parties.  The court may not delay granting relief 
  5.19  because of the existence of a pending action between the parties 
  5.20  or the necessity of verifying the terms of an existing order.  A 
  5.21  subsequent order in a separate action under sections 2 to 26 may 
  5.22  modify only the provision of an existing order that grants 
  5.23  relief authorized under section 10, paragraph (a), clause (1).  
  5.24  A petition for relief may be granted whether or not there is a 
  5.25  pending action between the parties.  
  5.26     Subd. 5.  [SIMPLIFIED FORMS.] The court shall provide 
  5.27  simplified forms and clerical assistance to help with the 
  5.28  writing and filing of a petition under sections 2 to 26.  
  5.29     Subd. 6.  [ADVICE ON RESTITUTION.] The court shall advise a 
  5.30  petitioner of the right to seek restitution under the petition 
  5.31  for relief. 
  5.32     Sec. 8.  [HEARING ON APPLICATION; PROCEDURE AND NOTICE.] 
  5.33     Subdivision 1.  [HEARING DATE.] Upon receipt of a petition 
  5.34  under sections 2 to 26, the court shall order a hearing to be 
  5.35  held not later than 14 days from the date of the order.  If an 
  5.36  ex parte order has been issued under section 12, the time 
  6.1   periods for holding a hearing under that section apply.  
  6.2      Subd. 2.  [SERVICE.] If an ex parte order has been issued 
  6.3   under section 12 and an order for immediate custody has been 
  6.4   issued under sections 2 to 26 and Minnesota Statutes, chapter 
  6.5   260, personal service upon the minor respondent must be made by 
  6.6   the county sheriff or police when the order for immediate 
  6.7   custody is executed.  In all other cases, personal service of 
  6.8   the petition and order must be made upon the minor respondent 
  6.9   not less than five days before the hearing.  Service must also 
  6.10  be made upon the minor respondent by mailing a copy of the 
  6.11  petition and order to the minor respondent's last known 
  6.12  address.  Service is complete upon personal receipt by the minor 
  6.13  respondent or three days after the mailing.  The court shall 
  6.14  have notice of the pendency of the case and of the time and 
  6.15  place of the hearing served by mail at the last known address 
  6.16  upon any parent or guardian of the minor respondent who is not 
  6.17  the petitioner.  
  6.18     Subd. 3.  [CLOSED HEARING.] Upon request of either party 
  6.19  and for good cause shown, the court may close the hearing to the 
  6.20  public and close the records to public inspection. 
  6.21     Subd. 4.  [DOMESTIC ABUSE ADVOCATES.] In all proceedings 
  6.22  under sections 2 to 26, domestic abuse advocates must be allowed 
  6.23  to attend and to sit at the counsel table, confer with the 
  6.24  petitioner, and at the judge's discretion, address the court.  
  6.25  Court administrators shall allow domestic abuse advocates to 
  6.26  assist victims of domestic abuse perpetrated by a minor in the 
  6.27  preparation of petitions for orders for protection/minor 
  6.28  respondents.  While assisting victims of domestic violence under 
  6.29  this subdivision, domestic abuse advocates are not engaged in 
  6.30  the unauthorized practice of law. 
  6.31     Sec. 9.  [GUARDIAN AD LITEM.] 
  6.32     (a) If the petitioner requests that the minor respondent be 
  6.33  removed from the minor respondent's parent's home, the court 
  6.34  shall appoint a guardian ad litem on behalf of the minor 
  6.35  respondent for the limited purpose of assuring that the minor 
  6.36  respondent is placed in an alternative safe living arrangement.  
  7.1   The guardian ad litem's limited responsibilities are conducting 
  7.2   an interview to obtain the minor respondent's views on any 
  7.3   proposed alternative safe living arrangements, reviewing any 
  7.4   proposed alternative safe living arrangements, and appearing at 
  7.5   the hearing on the order for protection/minor respondent.  It is 
  7.6   not within the responsibilities of the guardian ad litem to 
  7.7   assess or comment upon whether domestic abuse occurred. 
  7.8      (b) In any other case brought under sections 2 to 26, the 
  7.9   court may appoint a guardian ad litem if it appears to the court 
  7.10  that the minor lacks the maturity to understand the proceedings. 
  7.11     (c) The guardian ad litem may not be held civilly or 
  7.12  criminally liable for any act or failure to act under sections 2 
  7.13  to 26.  
  7.14     Sec. 10.  [RELIEF BY THE COURT.] 
  7.15     (a) Upon notice and hearing, the court may provide relief 
  7.16  as follows: 
  7.17     (1) restrain the abusing party from committing acts of 
  7.18  domestic abuse; 
  7.19     (2) exclude the abusing party from the dwelling which the 
  7.20  parties share or from the residence of the petitioner; 
  7.21     (3) if the court excludes a minor respondent from the minor 
  7.22  respondent's parent's home, and the parent or guardian is either 
  7.23  unable or unwilling to provide an alternative safe living 
  7.24  arrangement for the minor respondent, the court may find that 
  7.25  there are reasonable grounds to believe that the minor 
  7.26  respondent's safety and well-being are endangered because of the 
  7.27  exclusion and the parent's or guardian's unwillingness or 
  7.28  inability to provide an alternative living arrangement, in which 
  7.29  case the court may order, by endorsement upon the petition, that 
  7.30  a peace officer shall take the minor respondent into immediate 
  7.31  custody under Minnesota Statutes, section 260.165, subdivision 
  7.32  1; 
  7.33     (4) exclude the abusing party from a specifically described 
  7.34  reasonable area surrounding the dwelling or residence; 
  7.35     (5) award temporary custody or establish temporary 
  7.36  visitation with regard to minor children of the parties on a 
  8.1   basis that gives primary consideration to the safety of the 
  8.2   victim and the children.  Except for cases in which custody is 
  8.3   contested, findings under Minnesota Statutes, section 257.025 or 
  8.4   518.175, are not required.  If the court finds that the safety 
  8.5   of the victim or the children may be jeopardized by unsupervised 
  8.6   or unrestricted visitation, the court shall condition or 
  8.7   restrict visitation as to time, place, duration, or supervision, 
  8.8   or deny visitation entirely, as needed to guard the safety of 
  8.9   the victim and the children.  The court's decision on custody 
  8.10  and visitation must not delay the issuance of an order for 
  8.11  protection/minor respondent granting other relief provided for 
  8.12  in this section; 
  8.13     (6) on the same basis as is provided in Minnesota Statutes, 
  8.14  chapter 518, establish temporary support for minor children or a 
  8.15  spouse and order the withholding of support from the income of 
  8.16  the person obligated to pay the support according to Minnesota 
  8.17  Statutes, chapter 518; 
  8.18     (7) provide upon request of the petitioner counseling or 
  8.19  other social services for the parties if they are married or if 
  8.20  there are minor children; 
  8.21     (8) order the abusing party to participate in treatment or 
  8.22  counseling services; 
  8.23     (9) in the case of married juveniles, award temporary use 
  8.24  and possession of property and restrain one or both parties from 
  8.25  transferring, encumbering, concealing, or disposing of property 
  8.26  except in the usual course of business or for the necessities of 
  8.27  life, and require the party to account to the court for all such 
  8.28  transfers, encumbrances, dispositions, and expenditures made 
  8.29  after the order is served or communicated to the party 
  8.30  restrained in open court; 
  8.31     (10) exclude the abusing party from the place of employment 
  8.32  of the petitioner, or otherwise limit access to the petitioner 
  8.33  by the abusing party at the petitioner's place of employment; 
  8.34     (11) order the abusing party to pay restitution to the 
  8.35  petitioner; 
  8.36     (12) order the continuance of all currently available 
  9.1   insurance coverage without change in coverage or beneficiary 
  9.2   designation; and 
  9.3      (13) order, in its discretion, other relief the court 
  9.4   considers necessary for the protection of a family or household 
  9.5   member, including orders or directives to law enforcement 
  9.6   personnel under sections 2 to 26. 
  9.7      (b) Relief granted by the order for protection/minor 
  9.8   respondent must be for a fixed period not to exceed one year 
  9.9   unless the court determines a longer fixed period is 
  9.10  appropriate.  If a referee presides at the hearing on the 
  9.11  petition, the order granting relief becomes effective upon the 
  9.12  referee's signature. 
  9.13     (c) An order granting the relief authorized in paragraph 
  9.14  (a), clause (1), may not be vacated or modified in a proceeding 
  9.15  for dissolution of marriage or legal separation, except that the 
  9.16  court may hear a motion for modification of an order for 
  9.17  protection concurrently with a proceeding for dissolution of 
  9.18  marriage upon notice of motion and motion.  The notice required 
  9.19  by court rule must not be waived.  If the proceedings are 
  9.20  consolidated and the motion to modify is granted, a separate 
  9.21  order for modification of an order for protection must be issued.
  9.22     (d) An order granting the relief authorized in paragraph 
  9.23  (a), clause (2), is not voided by the admittance of the abusing 
  9.24  party into the dwelling from which the abusing party is excluded.
  9.25     (e) If a proceeding for dissolution of marriage or legal 
  9.26  separation is pending between the parties, the court shall 
  9.27  provide a copy of the order for protection/minor respondent to 
  9.28  the court with jurisdiction over the dissolution or separation 
  9.29  proceeding for inclusion in its file. 
  9.30     (f) An order for restitution issued under this subdivision 
  9.31  is enforceable as a civil judgment. 
  9.32     Sec. 11.  [SUBSEQUENT ORDERS AND EXTENSIONS.] 
  9.33     Upon application, notice to all parties, and hearing, a 
  9.34  court may extend the relief granted in an existing order for 
  9.35  protection/minor respondent or, if a petitioner's order for 
  9.36  protection/minor respondent is no longer in effect when an 
 10.1   application for subsequent relief is made, grant a new order.  
 10.2   The court may extend the terms of an existing order or, if an 
 10.3   order is no longer in effect, grant a new order upon a showing 
 10.4   that: 
 10.5      (1) the minor respondent has violated a prior or existing 
 10.6   order for protection issued under sections 2 to 26 or Minnesota 
 10.7   Statutes, chapter 518B; 
 10.8      (2) the petitioner is reasonably in fear of physical harm 
 10.9   from the minor respondent; or 
 10.10     (3) the minor respondent has engaged in acts of harassment 
 10.11  or stalking within the meaning of Minnesota Statutes, section 
 10.12  609.749, subdivision 2. 
 10.13     A petitioner does not need to show that physical harm is 
 10.14  imminent to obtain an extension or a subsequent order under this 
 10.15  section. 
 10.16     Sec. 12.  [EX PARTE ORDER.] 
 10.17     (a) If a petition under sections 2 to 26 alleges an 
 10.18  immediate and present danger of domestic abuse perpetrated by a 
 10.19  minor, the court may grant an ex parte order for 
 10.20  protection/minor respondent and grant relief the court considers 
 10.21  proper, including an order:  
 10.22     (1) restraining the abusing party from committing acts of 
 10.23  domestic abuse; 
 10.24     (2) excluding any party from a shared dwelling or from the 
 10.25  residence of the other except by further order of the court; 
 10.26     (3) if the court excludes a minor respondent from the minor 
 10.27  respondent's parent's home and the parent or guardian is either 
 10.28  unable or unwilling to provide an alternative safe living 
 10.29  arrangement for the minor respondent, the court may find that 
 10.30  there are reasonable grounds to believe that the minor 
 10.31  respondent's safety and well-being are endangered because of the 
 10.32  exclusion and the parent's or guardian's unwillingness or 
 10.33  inability to provide an alternative safe living arrangement, in 
 10.34  which case the court may order, by endorsement upon the 
 10.35  petition, that a peace officer shall take the minor respondent 
 10.36  into immediate custody under Minnesota Statutes, section 
 11.1   260.165, subdivision 1; 
 11.2      (4) excluding the abusing party from the place of 
 11.3   employment of the petitioner or otherwise limiting access to the 
 11.4   petitioner by the abusing party at the petitioner's place of 
 11.5   employment; and 
 11.6      (5) continuing all currently available insurance coverage 
 11.7   without change in coverage or beneficiary designation. 
 11.8      (b) A finding by the court that there is a basis for 
 11.9   issuing an ex parte order for protection/minor respondent 
 11.10  constitutes a finding that sufficient reasons exist not to 
 11.11  require notice under applicable court rules governing 
 11.12  applications for ex parte relief. 
 11.13     (c) An ex parte order for protection/minor respondent is 
 11.14  effective for a fixed period set by the court, as provided in 
 11.15  section 10, paragraph (b), or until modified or vacated by the 
 11.16  court after a hearing.  A full hearing, as provided by sections 
 11.17  2 to 26, must be set for not later than seven days from the 
 11.18  issuance of the ex parte order.  Notwithstanding provisions of 
 11.19  sections 2 to 26 to the contrary, if the order takes the minor 
 11.20  respondent into custody under Minnesota Statutes, section 
 11.21  260.165, a full hearing must be held within 72 hours of the 
 11.22  execution of the order for immediate custody. 
 11.23     (d) Nothing in this section affects the right of a party to 
 11.24  seek modification of an order under section 16. 
 11.25     Sec. 13.  [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 
 11.26     Subdivision 1.  [SERVICE ON MINOR RESPONDENT AND PARENT OR 
 11.27  GUARDIAN.] If an ex parte order has been issued under section 10 
 11.28  and an order for immediate custody has been issued under 
 11.29  sections 2 to 26 and Minnesota Statutes, chapter 260, personal 
 11.30  service upon the minor respondent must be made by the county 
 11.31  sheriff or police when the order for immediate custody is 
 11.32  executed.  Personal service of the petition and order must be 
 11.33  made upon the minor respondent not less than five days prior to 
 11.34  the hearing.  Service must also be made upon the minor 
 11.35  respondent by mailing a copy of the petition and order to the 
 11.36  minor respondent's last known address.  Service is complete upon 
 12.1   personal receipt by the minor respondent or three days after the 
 12.2   mailing.  The court shall have notice of the pendency of the 
 12.3   case and of the time and place of the hearing served by mail at 
 12.4   the last known address upon any parent or guardian of the minor 
 12.5   respondent who is not the petitioner.  
 12.6      Subd. 2.  [SERVICE OUTSIDE MINNESOTA.] Service out of this 
 12.7   state and in the United States may be proved by the affidavit of 
 12.8   the person making the service.  Service outside the United 
 12.9   States may be proved by the affidavit of the person making the 
 12.10  service taken before and certified by any United States 
 12.11  minister, charge d'affaires, commissioner, consul, commercial 
 12.12  agent, or other consular or diplomatic officer of the United 
 12.13  States appointed to reside in the other country, including all 
 12.14  deputies or other representatives of the officer authorized to 
 12.15  perform their duties or before an officer authorized to 
 12.16  administer an oath with the certificate of an officer of a court 
 12.17  of record of the country in which the affidavit is taken as to 
 12.18  the identity and authority of the officer taking the affidavit.  
 12.19     Sec. 14.  [ASSISTANCE OF LAW ENFORCEMENT PERSONNEL IN 
 12.20  SERVICE OR EXECUTION.] 
 12.21     If an order for protection/minor respondent is issued under 
 12.22  sections 2 to 26, on request of the petitioner the court shall 
 12.23  order law enforcement personnel to accompany the petitioner and 
 12.24  assist in placing the petitioner in possession of the dwelling 
 12.25  or residence or otherwise assist in execution or service of the 
 12.26  order.  If the application for relief is brought in a county in 
 12.27  which the minor respondent is not present, the sheriff shall 
 12.28  forward the pleadings necessary for service upon the minor 
 12.29  respondent to the sheriff of the county in which the minor 
 12.30  respondent is present.  This transmittal must be expedited to 
 12.31  allow for timely service. 
 12.32     Sec. 15.  [RIGHT TO APPLY FOR RELIEF.] 
 12.33     (a) A person's right to apply for relief is not affected by 
 12.34  the person's leaving the residence or household to avoid abuse.  
 12.35     (b) The court shall not require security or bond of any 
 12.36  party unless the court considers it necessary in exceptional 
 13.1   cases. 
 13.2      Sec. 16.  [MODIFICATION OF ORDER.] 
 13.3      Upon application, notice to all parties, and hearing, the 
 13.4   court may modify the terms of an existing order for protection.  
 13.5      Sec. 17.  [REAL ESTATE.] 
 13.6      Nothing in sections 2 to 26 affects the title to real 
 13.7   estate.  
 13.8      Sec. 18.  [COPY TO LAW ENFORCEMENT AGENCY.] 
 13.9      (a) An order for protection/minor respondent granted under 
 13.10  sections 2 to 26 must be forwarded by the court administrator 
 13.11  within 24 hours to the local law enforcement agency with 
 13.12  jurisdiction over the residence of the petitioner. 
 13.13     Each appropriate law enforcement agency shall make 
 13.14  available to other law enforcement officers through a system for 
 13.15  verification information as to the existence and status of any 
 13.16  order for protection/minor respondent issued under sections 2 to 
 13.17  26. 
 13.18     (b) If the petitioner notifies the court administrator of a 
 13.19  change in the petitioner's residence so that a different local 
 13.20  law enforcement agency has jurisdiction over the residence, the 
 13.21  order for protection/minor respondent must be forwarded by the 
 13.22  court administrator to the new law enforcement agency within 24 
 13.23  hours of the notice.  If the petitioner notifies the new law 
 13.24  enforcement agency that an order for protection/minor respondent 
 13.25  has been issued under sections 2 to 26 and the petitioner has 
 13.26  established a new residence within that agency's jurisdiction, 
 13.27  within 24 hours the local law enforcement agency shall request a 
 13.28  copy of the order from the court administrator in the county 
 13.29  that issued the order. 
 13.30     (c) If an order for protection/minor respondent is granted, 
 13.31  the petitioner must be told by the court that: 
 13.32     (1) notification of a change in residence should be given 
 13.33  immediately to the court administrator and to the local law 
 13.34  enforcement agency having jurisdiction over the new residence of 
 13.35  the applicant; 
 13.36     (2) the reason for notification of a change in residence is 
 14.1   to forward an order for protection/minor respondent to the 
 14.2   proper law enforcement agency; and 
 14.3      (3) the order for protection/minor respondent must be 
 14.4   forwarded to the law enforcement agency having jurisdiction over 
 14.5   the new residence within 24 hours of notification of a change in 
 14.6   residence, whether notification is given to the court 
 14.7   administrator or to the local law enforcement agency having 
 14.8   jurisdiction over the applicant's new residence. 
 14.9      An order for protection/minor respondent is enforceable 
 14.10  even if the petitioner does not notify the court administrator 
 14.11  or the appropriate law enforcement agency of a change in 
 14.12  residence. 
 14.13     Sec. 19.  [VIOLATION OF AN ORDER FOR PROTECTION/MINOR 
 14.14  RESPONDENT.] 
 14.15     Subdivision 1.  [VIOLATION; PENALTY.] If an order for 
 14.16  protection/minor respondent is granted under sections 2 to 26 
 14.17  and the minor respondent knows of the order, violation of the 
 14.18  order is a misdemeanor.  If still a minor at the time of the 
 14.19  violation, upon a guilty plea or a finding that the delinquency 
 14.20  petition alleging the violation of an order for protection/minor 
 14.21  respondent is proven, the minor must be ordered to participate 
 14.22  in counseling or other appropriate programs selected by the 
 14.23  court.  If the minor respondent attains the age of 18 and is 
 14.24  convicted of a violation of the order, the defendant must be 
 14.25  sentenced to a minimum of three days imprisonment and ordered to 
 14.26  participate in counseling or other appropriate programs selected 
 14.27  by the court.  If the court stays imposition or execution of the 
 14.28  jail sentence and the defendant refuses or fails to comply with 
 14.29  the court's treatment order, the court must impose and execute 
 14.30  the stayed jail sentence.  A person is guilty of a gross 
 14.31  misdemeanor who violates this paragraph during the time between 
 14.32  a previous delinquency adjudication under this paragraph; 
 14.33  Minnesota Statutes, sections 609.221 to 609.224; 609.2242; 
 14.34  609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 
 14.35  a similar law of another state and the end of the five years 
 14.36  following discharge from sentence for that delinquency 
 15.1   adjudication.  Upon delinquency adjudication, the juvenile must 
 15.2   be sentenced according to the provisions of Minnesota Statutes, 
 15.3   section 260.185, and must be ordered to participate in 
 15.4   counseling or other appropriate programs selected by the court.  
 15.5   If the minor respondent has attained the age of 18 and is 
 15.6   convicted of the gross misdemeanor, the defendant must be 
 15.7   sentenced to a minimum of three days imprisonment and ordered to 
 15.8   participate in counseling or other appropriate programs selected 
 15.9   by the court.  Notwithstanding Minnesota Statutes, section 
 15.10  609.135, the court must impose and execute the minimum sentence 
 15.11  provided in this subdivision for gross misdemeanor convictions. 
 15.12     Subd. 2.  [ARREST.] A peace officer shall arrest without a 
 15.13  warrant and take into custody a minor, or adult if the minor has 
 15.14  attained the age of 18, whom the peace officer has probable 
 15.15  cause to believe has violated an order under sections 2 to 26 
 15.16  restraining the minor or excluding the minor from the residence 
 15.17  or the petitioner's place of employment, even if the violation 
 15.18  of the order did not take place in the presence of the peace 
 15.19  officer, if the existence of the order can be verified by the 
 15.20  officer.  The minor must be detained under Minnesota Statutes, 
 15.21  sections 260.171 and 260.172.  A peace officer acting in good 
 15.22  faith and exercising due care in making an arrest under this 
 15.23  subdivision is immune from civil liability that might result 
 15.24  from the officer's actions. 
 15.25     Subd. 3.  [CONTEMPT.] A violation of an order for 
 15.26  protection/minor respondent is also contempt of court and is 
 15.27  subject to the penalties for contempt of court. 
 15.28     Subd. 4.  [ORDER TO SHOW CAUSE; HEARING.] If an affidavit 
 15.29  is filed by the petitioner, a peace officer, or an interested 
 15.30  party designated by the court alleging that the minor respondent 
 15.31  has violated an order for protection/minor respondent granted 
 15.32  under sections 2 to 26, the court may order the minor respondent 
 15.33  to appear and show cause within 14 days why the minor respondent 
 15.34  should not be found in contempt of court and punished for the 
 15.35  contempt.  The hearing may be held by the court in any county in 
 15.36  which the petitioner or minor respondent temporarily or 
 16.1   permanently resides at the time of the alleged violation.  The 
 16.2   court shall also refer the violation of the order to the 
 16.3   appropriate prosecuting authority for possible prosecution under 
 16.4   subdivision 1. 
 16.5      Subd. 5.  [EXTENSION OF PROTECTION ORDER.] If it is alleged 
 16.6   that a minor respondent has violated an order for 
 16.7   protection/minor respondent issued under sections 2 to 26 and 
 16.8   the court finds that the order has expired between the time of 
 16.9   the alleged violation and the court's hearing on the violation, 
 16.10  the court may grant a new order for protection/minor respondent 
 16.11  based solely on the minor respondent's alleged violation of the 
 16.12  prior order, to be effective until the hearing on the alleged 
 16.13  violation of the prior order.  The relief granted in the new 
 16.14  order for protection/minor respondent must be extended for a 
 16.15  fixed period, not to exceed one year, except when the court 
 16.16  determines a longer fixed period is appropriate. 
 16.17     Subd. 6.  [ADMITTANCE INTO DWELLING.] Admittance into the 
 16.18  petitioner's dwelling of an abusing party excluded from the 
 16.19  dwelling under an order for protection/minor respondent is not a 
 16.20  violation by the petitioner of the order. 
 16.21     Subd. 7.  [PEACE OFFICER LIABILITY.] A peace officer is not 
 16.22  liable under Minnesota Statutes, section 609.43, clause (1), for 
 16.23  a failure to perform a duty required by subdivision 2. 
 16.24     Subd. 8.  [FIREARMS.] If a juvenile is adjudicated 
 16.25  delinquent for violating an order for protection/minor 
 16.26  respondent issued under sections 2 to 26 and the court 
 16.27  determines that the person used a firearm in any way during 
 16.28  commission of the violation, the court may order that the 
 16.29  juvenile is prohibited from possessing any type of firearm for 
 16.30  any period longer than three years or for the remainder of the 
 16.31  person's life.  A juvenile who violates this subdivision is 
 16.32  guilty of a gross misdemeanor.  At the time of the adjudication 
 16.33  of delinquency, the court shall inform the juvenile whether and 
 16.34  for how long the juvenile is prohibited from possessing a 
 16.35  firearm and that it is a gross misdemeanor to violate this 
 16.36  subdivision.  The failure of the court to provide this 
 17.1   information to a juvenile does not affect the applicability of 
 17.2   the firearm possession prohibition or the gross misdemeanor 
 17.3   penalty to that juvenile.  
 17.4      Subd. 9.  [PISTOLS.] Except as otherwise provided in 
 17.5   subdivision 8, if a juvenile is adjudicated delinquent for 
 17.6   violating an order for protection/minor respondent issued under 
 17.7   sections 2 to 26, the court shall inform the juvenile that the 
 17.8   juvenile is prohibited from possessing a pistol for three years 
 17.9   from the date of adjudication of delinquency and that it is a 
 17.10  gross misdemeanor offense to violate this prohibition.  The 
 17.11  failure of the court to provide this information to a defendant 
 17.12  does not affect the applicability of the pistol possession 
 17.13  prohibition or the gross misdemeanor penalty to that juvenile. 
 17.14     Except as otherwise provided in subdivision 8, a juvenile 
 17.15  is not entitled to possess a pistol if the juvenile has been 
 17.16  adjudicated delinquent or convicted as an adult after August 1, 
 17.17  1997, of violating an order for protection/minor respondent, 
 17.18  issued under sections 2 to 26, unless three years have elapsed 
 17.19  from the date of conviction and, during that time, the person 
 17.20  has not been convicted of any other violation of sections 2 to 
 17.21  26 or Minnesota Statutes, chapter 518B.  Property rights may not 
 17.22  be abated but access may be restricted by the courts.  A person 
 17.23  who possesses a pistol in violation of this subdivision is 
 17.24  guilty of a gross misdemeanor. 
 17.25     Subd. 10.  [FORFEITURE.] If the court determines that a 
 17.26  juvenile adjudicated delinquent for violating an order for 
 17.27  protection/minor respondent issued under sections 2 to 26 owned 
 17.28  or possessed a firearm and used it in any way during the 
 17.29  commission of the violation, it shall order that the firearm be 
 17.30  summarily forfeited under Minnesota Statutes, section 609.5316, 
 17.31  subdivision 3. 
 17.32     Sec. 20.  [ADMISSIBILITY OF TESTIMONY IN CRIMINAL OR 
 17.33  DELINQUENCY PROCEEDING.] 
 17.34     Any testimony offered by a minor respondent in a hearing 
 17.35  under sections 2 to 26 is inadmissible in a criminal or 
 17.36  delinquency proceeding. 
 18.1      Sec. 21.  [OTHER REMEDIES AVAILABLE.] 
 18.2      Any proceeding under sections 2 to 26 is in addition to 
 18.3   other civil or criminal remedies.  
 18.4      Sec. 22.  [EFFECT ON CUSTODY PROCEEDINGS.] 
 18.5      In a subsequent custody proceeding the court may consider, 
 18.6   but is not bound by, a finding in a proceeding under sections 2 
 18.7   to 26 that domestic abuse perpetrated by a minor has occurred. 
 18.8      Sec. 23.  [NOTICES.] 
 18.9      Each order for protection/minor respondent granted under 
 18.10  sections 2 to 26 must contain a conspicuous notice to the minor 
 18.11  respondent that: 
 18.12     (1) violation of an order for protection/minor respondent 
 18.13  is a misdemeanor that could result in out-of-home placement 
 18.14  while the respondent is a minor and by imprisonment for up to 90 
 18.15  days or a fine of up to $700 or both if the minor reached the 
 18.16  age of 18 during the effective period of the order for 
 18.17  protection/minor respondent; 
 18.18     (2) the minor respondent is forbidden to enter or stay at 
 18.19  the petitioner's residence, even if invited to do so by the 
 18.20  petitioner or any other person; in no event is the order for 
 18.21  protection/minor respondent voided; and 
 18.22     (3) a peace officer must arrest without warrant and take 
 18.23  into custody a person whom the peace officer has probable cause 
 18.24  to believe has violated an order for protection/minor respondent 
 18.25  restraining the person or excluding the person from a residence. 
 18.26     Sec. 24.  [RECORDING REQUIRED.] 
 18.27     Proceedings under sections 2 to 26 must be recorded. 
 18.28     Sec. 25.  [STATEWIDE APPLICATION.] 
 18.29     An order for protection/minor respondent granted under 
 18.30  sections 2 to 26 applies throughout this state. 
 18.31     Sec. 26.  [ORDER FOR PROTECTION/MINOR RESPONDENT FORMS.] 
 18.32     The state court administrator, in consultation with the 
 18.33  advisory council on battered women, city and county attorneys, 
 18.34  and legal advocates who work with victims, shall develop a 
 18.35  uniform order for protection/minor respondent form that will 
 18.36  facilitate the consistent enforcement of orders for 
 19.1   protection/minor respondent throughout the state. 
 19.2                              ARTICLE 2 
 19.3                         CHANGES TO OTHER LAW 
 19.4      Section 1.  Minnesota Statutes 1996, section 260.015, 
 19.5   subdivision 2a, is amended to read: 
 19.6      Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
 19.7   "Child in need of protection or services" means a child who is 
 19.8   in need of protection or services because the child: 
 19.9      (1) is abandoned or without parent, guardian, or custodian; 
 19.10     (2)(i) has been a victim of physical or sexual abuse, or 
 19.11  (ii) resides with or has resided with a victim of domestic child 
 19.12  abuse as defined in subdivision 24, (iii) resides with or would 
 19.13  reside with a perpetrator of domestic child abuse or child abuse 
 19.14  as defined in subdivision 28, or (iv) is a victim of emotional 
 19.15  maltreatment as defined in subdivision 5a; 
 19.16     (3) is without necessary food, clothing, shelter, 
 19.17  education, or other required care for the child's physical or 
 19.18  mental health or morals because the child's parent, guardian, or 
 19.19  custodian is unable or unwilling to provide that care; 
 19.20     (4) is without the special care made necessary by a 
 19.21  physical, mental, or emotional condition because the child's 
 19.22  parent, guardian, or custodian is unable or unwilling to provide 
 19.23  that care; 
 19.24     (5) is medically neglected, which includes, but is not 
 19.25  limited to, the withholding of medically indicated treatment 
 19.26  from a disabled infant with a life-threatening condition.  The 
 19.27  term "withholding of medically indicated treatment" means the 
 19.28  failure to respond to the infant's life-threatening conditions 
 19.29  by providing treatment, including appropriate nutrition, 
 19.30  hydration, and medication which, in the treating physician's or 
 19.31  physicians' reasonable medical judgment, will be most likely to 
 19.32  be effective in ameliorating or correcting all conditions, 
 19.33  except that the term does not include the failure to provide 
 19.34  treatment other than appropriate nutrition, hydration, or 
 19.35  medication to an infant when, in the treating physician's or 
 19.36  physicians' reasonable medical judgment: 
 20.1      (i) the infant is chronically and irreversibly comatose; 
 20.2      (ii) the provision of the treatment would merely prolong 
 20.3   dying, not be effective in ameliorating or correcting all of the 
 20.4   infant's life-threatening conditions, or otherwise be futile in 
 20.5   terms of the survival of the infant; or 
 20.6      (iii) the provision of the treatment would be virtually 
 20.7   futile in terms of the survival of the infant and the treatment 
 20.8   itself under the circumstances would be inhumane; 
 20.9      (6) is one whose parent, guardian, or other custodian for 
 20.10  good cause desires to be relieved of the child's care and 
 20.11  custody; 
 20.12     (7) has been placed for adoption or care in violation of 
 20.13  law; 
 20.14     (8) is without proper parental care because of the 
 20.15  emotional, mental, or physical disability, or state of 
 20.16  immaturity of the child's parent, guardian, or other custodian; 
 20.17     (9) is one whose behavior, condition, or environment is 
 20.18  such as to be injurious or dangerous to the child or others.  An 
 20.19  injurious or dangerous environment may include, but is not 
 20.20  limited to, the exposure of a child to criminal activity in the 
 20.21  child's home; 
 20.22     (10) has committed a delinquent act before becoming ten 
 20.23  years old; 
 20.24     (11) is a runaway; 
 20.25     (12) is an habitual truant; or 
 20.26     (13) is one whose custodial parent's parental rights to 
 20.27  another child have been involuntarily terminated within the past 
 20.28  five years.; or 
 20.29     (14) has been found by the court to have committed domestic 
 20.30  abuse perpetrated by a minor under article 1, sections 2 to 26, 
 20.31  has been ordered excluded from the child's parent's home by an 
 20.32  order for protection/minor respondent, and the parent or 
 20.33  guardian is either unwilling or unable to provide an alternative 
 20.34  safe living arrangement for the child. 
 20.35     Sec. 2.  Minnesota Statutes 1996, section 260.165, 
 20.36  subdivision 1, is amended to read: 
 21.1      Subdivision 1.  No child may be taken into immediate 
 21.2   custody except: 
 21.3      (a) With an order issued by the court in accordance with 
 21.4   the provisions of section 260.135, subdivision 5, and article 1, 
 21.5   section 10, paragraph (a), clause (3), or 12, paragraph (a), 
 21.6   clause (3), or by a warrant issued in accordance with the 
 21.7   provisions of section 260.145; or 
 21.8      (b) In accordance with the laws relating to arrests; or 
 21.9      (c) By a peace officer 
 21.10     (1) when a child has run away from a parent, guardian, or 
 21.11  custodian, or when the peace officer reasonably believes the 
 21.12  child has run away from a parent, guardian, or custodian; or 
 21.13     (2) when a child is found in surroundings or conditions 
 21.14  which endanger the child's health or welfare or which such peace 
 21.15  officer reasonably believes will endanger the child's health or 
 21.16  welfare.  If an Indian child is a resident of a reservation or 
 21.17  is domiciled on a reservation but temporarily located off the 
 21.18  reservation, the taking of the child into custody under this 
 21.19  clause shall be consistent with the Indian Child Welfare Act of 
 21.20  1978, United States Code, title 25, section 1922; 
 21.21     (d) By a peace officer or probation or parole officer when 
 21.22  it is reasonably believed that the child has violated the terms 
 21.23  of probation, parole, or other field supervision; or 
 21.24     (e) By a peace officer or probation officer under section 
 21.25  260.132, subdivision 4. 
 21.26     Sec. 3.  Minnesota Statutes 1996, section 260.171, 
 21.27  subdivision 2, is amended to read: 
 21.28     Subd. 2.  (a) If the child is not released as provided in 
 21.29  subdivision 1, the person taking the child into custody shall 
 21.30  notify the court as soon as possible of the detention of the 
 21.31  child and the reasons for detention.  
 21.32     (b) No child may be detained in a juvenile secure detention 
 21.33  facility or shelter care facility longer than 36 hours, 
 21.34  excluding Saturdays, Sundays, and holidays, after being taken 
 21.35  into custody for a delinquent act as defined in section 260.015, 
 21.36  subdivision 5, unless a petition has been filed and the judge or 
 22.1   referee determines pursuant to section 260.172 that the child 
 22.2   shall remain in detention.  
 22.3      (c) No child may be detained in an adult jail or municipal 
 22.4   lockup longer than 24 hours, excluding Saturdays, Sundays, and 
 22.5   holidays, or longer than six hours in an adult jail or municipal 
 22.6   lockup in a standard metropolitan statistical area, after being 
 22.7   taken into custody for a delinquent act as defined in section 
 22.8   260.015, subdivision 5, unless: 
 22.9      (1) a petition has been filed under section 260.131; and 
 22.10     (2) a judge or referee has determined under section 260.172 
 22.11  that the child shall remain in detention. 
 22.12     After August 1, 1991, no child described in this paragraph 
 22.13  may be detained in an adult jail or municipal lockup longer than 
 22.14  24 hours, excluding Saturdays, Sundays, and holidays, or longer 
 22.15  than six hours in an adult jail or municipal lockup in a 
 22.16  standard metropolitan statistical area, unless the requirements 
 22.17  of this paragraph have been met and, in addition, a motion to 
 22.18  refer the child for adult prosecution has been made under 
 22.19  section 260.125.  Notwithstanding this paragraph, continued 
 22.20  detention of a child in an adult detention facility outside of a 
 22.21  standard metropolitan statistical area county is permissible if: 
 22.22     (i) the facility in which the child is detained is located 
 22.23  where conditions of distance to be traveled or other ground 
 22.24  transportation do not allow for court appearances within 24 
 22.25  hours.  A delay not to exceed 48 hours may be made under this 
 22.26  clause; or 
 22.27     (ii) the facility is located where conditions of safety 
 22.28  exist.  Time for an appearance may be delayed until 24 hours 
 22.29  after the time that conditions allow for reasonably safe 
 22.30  travel.  "Conditions of safety" include adverse life-threatening 
 22.31  weather conditions that do not allow for reasonably safe travel. 
 22.32     The continued detention of a child under clause (i) or (ii) 
 22.33  must be reported to the commissioner of corrections. 
 22.34     (d) No child taken into custody and placed in a shelter 
 22.35  care facility or relative's home by a peace officer pursuant to 
 22.36  section 260.165, subdivision 1, clause (a) or (c)(2) may be held 
 23.1   in custody longer than 72 hours, excluding Saturdays, Sundays 
 23.2   and holidays, unless a petition has been filed and the judge or 
 23.3   referee determines pursuant to section 260.172 that the child 
 23.4   shall remain in custody or unless the court has made a finding 
 23.5   of domestic abuse perpetrated by a minor after a hearing under 
 23.6   sections 2 to 26, in which case the court may extend the period 
 23.7   of detention for an additional seven days, within which time the 
 23.8   social service agency shall conduct an assessment and shall 
 23.9   provide recommendations to the court regarding voluntary 
 23.10  services or file a child in need of protection or services 
 23.11  petition.  
 23.12     (e) If a child described in paragraph (c) is to be detained 
 23.13  in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
 23.14  holidays, the judge or referee, in accordance with rules and 
 23.15  procedures established by the commissioner of corrections, shall 
 23.16  notify the commissioner of the place of the detention and the 
 23.17  reasons therefor.  The commissioner shall thereupon assist the 
 23.18  court in the relocation of the child in an appropriate juvenile 
 23.19  secure detention facility or approved jail within the county or 
 23.20  elsewhere in the state, or in determining suitable 
 23.21  alternatives.  The commissioner shall direct that a child 
 23.22  detained in a jail be detained after eight days from and 
 23.23  including the date of the original detention order in an 
 23.24  approved juvenile secure detention facility with the approval of 
 23.25  the administrative authority of the facility.  If the court 
 23.26  refers the matter to the prosecuting authority pursuant to 
 23.27  section 260.125, notice to the commissioner shall not be 
 23.28  required. 
 23.29     Sec. 4.  Minnesota Statutes 1996, section 609.748, 
 23.30  subdivision 1, is amended to read: 
 23.31     Subdivision 1.  [DEFINITION.] For the purposes of this 
 23.32  section, the following terms have the meanings given them in 
 23.33  this subdivision. 
 23.34     (a) "Harassment" includes: 
 23.35     (1) repeated, intrusive, or unwanted acts, words, or 
 23.36  gestures that are intended to adversely affect the safety, 
 24.1   security, or privacy of another, regardless of the relationship 
 24.2   between the actor and the intended target; 
 24.3      (2) targeted residential picketing; and 
 24.4      (3) a pattern of attending public events after being 
 24.5   notified that the actor's presence at the event is harassing to 
 24.6   another. 
 24.7      (b) "Respondent" includes any individuals adults or 
 24.8   juveniles alleged to have engaged in harassment or organizations 
 24.9   alleged to have sponsored or promoted harassment. 
 24.10     (c) "Targeted residential picketing" includes the following 
 24.11  acts when committed on more than one occasion: 
 24.12     (1) marching, standing, or patrolling by one or more 
 24.13  persons directed solely at a particular residential building in 
 24.14  a manner that adversely affects the safety, security, or privacy 
 24.15  of an occupant of the building; or 
 24.16     (2) marching, standing, or patrolling by one or more 
 24.17  persons which prevents an occupant of a residential building 
 24.18  from gaining access to or exiting from the property on which the 
 24.19  residential building is located.