1.1 	A bill for an act
1.2 	relating to domestic abuse; creating enhanced penalties for the crime of violating 
1.3 	a domestic abuse no contact order; adding the crime of violating a domestic 
1.4 	abuse no contact order to the list of qualified domestic violence-related offenses;
1.5 	amending Minnesota Statutes 2005 Supplement, sections 518B.01, subdivision 
1.6 	22; 609.02, subdivision 16.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2005 Supplement, section 518B.01, subdivision 22, 
1.9 	is amended to read:
1.10 		Subd. 22.Domestic abuse no contact order. (a) A domestic abuse no contact order 
1.11 	is an order issued by a court against a defendant in a criminal proceeding for:
1.12 	(1) domestic abuse;
1.13 	(2) harassment or stalking charged under section 609.749 and committed against 
1.14 	a family or household member;
1.15 	(3) violation of an order for protection charged under subdivision 14; or
1.16 	(4) violation of a prior domestic abuse no contact order charged under this 
1.17 	subdivision.
1.18 	It includes pretrial orders before final disposition of the case and probationary orders 
1.19 	after sentencing.
1.20 	(b) A person who knows of the existence of a domestic abuse no contact order issued 
1.21 	against the person and violates the order is guilty of a misdemeanor.
1.22 	(c) A person is guilty of a gross misdemeanor who knowingly violates this 
1.23 	subdivision during the time period between a previous qualified domestic violence-related 
1.24 	offense conviction and the end of the five years following discharge from sentence for 
1.25 	that offense.
2.1 	(d) A peace officer shall arrest without a warrant and take into custody a person 
2.2 	whom the peace officer has probable cause to believe has violated a domestic abuse no 
2.3 	contact order, even if the violation of the order did not take place in the presence of the 
2.4 	peace officer, if the existence of the order can be verified by the officer. The person shall 
2.5 	be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, 
2.6 	unless the person is released earlier by a judge or judicial officer. A peace officer acting 
2.7 	in good faith and exercising due care in making an arrest pursuant to this paragraph is 
2.8 	immune from civil liability that might result from the officer's actions.

2.9 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
2.10 	committed on or after that date.

2.11 	Sec. 2. Minnesota Statutes 2005 Supplement, section 609.02, subdivision 16, is 
2.12 	amended to read:
2.13 		Subd. 16.Qualified domestic violence-related offense. "Qualified domestic 
2.14 	violence-related offense" includes the following offenses: sections 518B.01, subdivision 
2.15 	14 (violation of domestic abuse order for protection); 518B.01, subdivision 22 
2.16 	(violation of domestic abuse no contact order); 609.221 (first-degree assault); 609.222
2.17 	(second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 
2.18 	609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2247 (domestic assault 
2.19 	by strangulation); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree 
2.20 	criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
2.21 	(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child); 
2.22 	609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining 
2.23 	order); and 609.749 (harassment/stalking); and similar laws of other states, the United 
2.24 	States, the District of Columbia, tribal lands, and United States territories.

2.25 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
2.26 	committed on or after that date.